AMENDED AGENDA
City of Monte Sereno
Tuesday, March 7, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
1. Proclamation for American Red Cross Month
Red Cross Month Proclamation
6 2. Santa Clara County Fire Department Presentation
SCCFD Monte Sereno Update Report 2023
7 - 13
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Approve the Minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting Staff recommends approve the minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting.
Staff Report -SR-22-148 - Pdf
14 - 22
2. Accept the Treasurer's Report for the Period Ending December 31, 2022 Staff recommends the City Council accept the Treasurer's Report for the period ending December 31, 2022
Staff Report - SR-23-057 - Pdf
23 - 42
3. Approve Warrant List Dated March 7, 2023 in the amount $137,994.82 Staff recommends the City Council approve the Warrant List.
Staff Report - SR-23-053 - Pdf
43 - 44
4. 2022 Housing Element Annual Progress Report 45 - 71
Staff recommends the City Council accept the 2022 Housing Element Annual Progress Report and direct staff to file the report with the State of California by April 1, 2023.
Staff Report - SR-23-058 - Pdf
5. Execute a Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the City
1. Authorize the City Manager to execute a Fourth Amendment to Agreement providing for the implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program.
2. Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the City.
Staff Report - SR-23-036 - Pdf
72 - 78
6. Acceptance of the California Automated Permit Processing (CalAPP) Program Grant
Staff recommends the City Council adopt a resolution authorizing the City Manager to accept the California Automated Permit Processing (CalAPP) Program Grant in the Amount of $40,000.
Staff Report - SR-23-051 - Pdf
79 - 82
7. Acceptance of the Decarbonization Grant Program Agreement with Silicon Valley Clean Energy Authority
Staff recommends the City Council authorize the City Manager to accept the Decarbonization Grant Program Agreement.
Agreement
83 - 109
PUBLIC HEARINGS
UNFINISHED BUSINESS
1. Waiver of Second Reading and Adoption of Ordinance No. NS-233 an 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 waiver the second reading and adopt Ordinance No. NS-233.
Staff Report - SR-23-048 - Pdf
Received Public Comments 3.7.23
110 - 125
NEW BUSINESS
1. Discuss and Provide Direction to Staff Regarding Possible Bingo Ordinance
Staff recommends the City Council provide direction to staff regarding a possible bingo ordinance.
Staff Report - SR-23-049 - Pdf
126 - 132
Received Public Comment 3.7.23
2. Discuss and Provide Direction to Staff Regarding Switch from Gas Powered-Leaf Blowers to Electric or Battery Powered Leaf Blowers Staff recommends the City Council provide direction to staff regarding a possible switch from gas-powered leaf blowers to electric or battery powered leaf blowers.
Staff Report - SR-23-050 - Pdf
133 - 135
3. Discuss and Consider Assigning a Councilmember to Serve as an Alternate Council Liaison to the Better Streets Commission Staff recommends that the Council discuss and consider assigning an alternate Council Liaison to the Better Streets Commission.
Staff Report - SR-23-045 - Pdf
136 - 137
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
Councilmember Burton Craig
Monte Sereno Youth Commission 02/14/23 03/14/23
Santa Clara County Library JPA 01/26/23 04/27/23
Councilmember Javed Ellahie
Cities Association – Board of Directors 01/26/23 03/09/23 Cities Association – Legislative Action Committee 02/09/23 03/09/23
Joint Venture Silicon Valley Network
Councilmember Rowena Turner
West Valley Sanitation District 02/08/23 03/08/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study
Vice Mayor Evert Wolsheimer
Silicon Valley Animal Control Authority 01/25/23 03/22/23 Santa Clara Valley Water District Commission 01/25/23
Mayor Bryan Mekechuk
Cities Association – City Selection Committee 02/09/23
04/13/23
Valley Transportation Authority Policy Advisory Committee 02/09/23 03/09/23
West Valley Clean Water Board 02/02/23 05/04/23
West Valley Solid Waste/Recycling JPA 02/02/23
05/04/23
Silicon Valley Clean Energy Authority 02/08/23 03/08/23 Association of Bay Area Governments 02/16/23
03/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 02/22/23
03/22/23
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
AMERICAN RED CROSS MONTH, 2023
A Proclamation
During American Red Cross Month in March, we celebrate the humanitarian spirit of Monte Sereno and reaffirm our commitment to help ensure no one faces a crisis alone.
Caring for one another is at the heart of our community and exemplified by the people of Monte Sereno, whose simple acts of kindness through the Red Cross provide help and hope in people’s most difficult moments — continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering.
Every day, ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need — whether it’s providing emergency shelter, food and comfort for families displaced by home fires and other disasters; donating lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life-threatening conditions; supporting military members and veterans, along with their families and caregivers, through the unique challenges of service; using vital skills like first aid and CPR to help others survive medical emergencies; or delivering international humanitarian aid and reconnecting loved ones separated by crises around the world.
Their support, volunteerism and generous donations are critical to our community’s resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton’s noble words, “You must never think of anything except the need and how to meet it,” and ask everyone to join in this commitment.
NOW, THEREFORE, I, Bryan Mekechuk, Mayor of Monte Sereno, by virtue of the authority vested in me by the laws of Monte Sereno and California, do hereby proclaim March 2023 as Red Cross Month. I encourage all citizens of Monte Sereno to reach out and support its humanitarian mission.
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of March, in the year of two thousand twenty-three, and of the City of Monte Sereno, California. ______________________________________
Bryan Mekechuk, Mayor
3/2/2023
1 City of Monte Sereno Update
March 2023
Santa Clara County Fire
Department provides
regionalized emergency
services and support to the
largest county in Northern CA.
OUR MISSION
3/2/2023
2 MONTE SERENO
Fire Station
• Quito Station (78),
18870 Saratoga-Los Gatos Rd
Unique hazards
• Wildland interface
• Many narrow roads
3/2/2023
3 CFAI ACCREDITED AGENCY
2021 Reaccreditation
• Community Risk Assessment
• Self-Assessment
• Strategic Planning
• Standards of Cover
3/2/2023
4 CAPITAL IMPROVEMENTS:
APPARATUS
• Rescues 74 & 83
• US&R 85
• Truck 85
Coming in 2023
• Engines 73, 76 & 80
• BS 72
CAPITAL IMPROVEMENTS:
FACILITIES
• Dell Headquarters
• Redwood Fire Station
3/2/2023
5 Projects
• New CAD system coming in May
• Move to Image Trend RMS
Fire Fuels Crew
3/2/2023
6 COMMUNITY EDUCATION
In-Person Classes
• Resumed in-person in 2022
Adapting our Outreach
• Hybrid (virtual and in-person) classes
will continue to be held in 2023
2023 GOALS
Preparedness
• City/Town Partnerships
• Community Outreach
• Santa Clara County Operational Area
Planning
• 2023-2028 Strategic Plan
• Prefire management and wildfire resiliency
Resilience
• Replacement of two aging fire stations
• Headquarters facility relocation
3/2/2023
7 Questions?
Mark Shumate
Deputy Fire Chief
Santa Clara County Fire Department
408.378.4010
[email protected]
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Approve the Minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special City Council Meeting Recommendation(s):
Staff recommends approve the minutes of the February 21, 2023 Regular City Council Meeting and February 23, 2023 Special 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:
02-21-23 Regular Meeting Minutes DRAFT
02-23-23 Special Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
February 21, 2023
MEETING CALLED TO ORDER
At approximately 7:02 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 Turner, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: Councilmember Ellahie
Staff: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins and City Clerk Gonzalez-Langarica
ORDERS OF THE DAY
No changes.
PRESENTATIONS
1. Presentation of Certificates of Recognition to 2022 STEM Winners from the City of Monte Sereno
Mayor Mekechuk recognized Disha Gupta, Sasvath Ramachandran and Yash Sharma as the 2022 STEM Winners from the City of Monte Sereno.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
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. 2022 Annual Pavement Improvement Project Acceptance
3. Waiver of Second Reading and Adoption of Ordinance No. NS-233 an ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
4. Approve Resolution to Establish a Suicide Prevention Policy
5. Approve the Minutes of the January 4, 2023 Special City Council Meeting, January 17, 2023 Regular and Special City Council Meeting, January 31, 2023 Joint Special Meeting of the City Council and Site and Architectural Commission and February 13, 2023 Special City Council Meeting
6. Accept the Silicon Valley Clean Energy (SVCE) 2022 Clean Energy Impact Report Councilmember Turner requested to pull Item #3 and #5 from the Consent Calendar.
MOTION: Motion by Councilmember Craig to approve the Consent Calendar except for items #3 and #5. Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (4-0-1 Absent: Ellahie)
3. Waiver of Second Reading and Adoption of Ordinance No. NS-233 an ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
City Manager Leonardis provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Mayor Mekechuk to approve Waiver of Second Reading and Adoption of Ordinance No. NS-233 an ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms). Seconded by Vice Mayor Wolsheimer.
VOTE: Motion not passed. (2-2-1 Noes: Craig, Turner; Absent: Ellahie)
7. Approve the Minutes of the January 4, 2023 Special City Council Meeting, January 17, 2023 Regular and Special City Council Meeting, January 31, 2023 Joint Special Meeting of the City Council and Site and Architectural Commission and February 13, 2023 Special City Council Meeting
Councilmember Turner expressed wishing to abstain on her vote for February 13, 2023 Special City Council Meeting, as she was absent for that meeting.
MOTION: Motion by Councilmember Craig to approve the Minutes of the January 4, 2023 Special City Council Meeting, January 17, 2023 Regular and Special City Council Meeting and January 31, 2023 Joint Special Meeting of the City Council and Site and Architectural Commission. Seconded by Councilmember Turner.
VOTE: Motion passed. (4-0-1 Absent: Ellahie)
MOTION: Motion by Councilmember Craig to approve the Minutes of the February 13, 2023 Special City Council Meeting. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed. (3-0-1-1 Abstain: Turner; Absent: Ellahie)
PUBLIC HEARINGS
1. Conduct a Public Hearing on the 2023 Weed Abatement Program and Adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement City Clerk Gonzalez-Langarica provided a staff report.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Turner to adopt a Resolution Overruling Objections and Determining to Proceed with Weed Abatement. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (4-0-1 Absent: Ellahie)
UNFINISHED BUSINESS
1. Consider and Appoint Two (2) Residents of Monte Sereno to Form Part of the City of Monte Sereno Community Center Committee
City Clerk Gonzalez-Langarica provided a staff report and answered questions from the Council.
Mayor Mekechuk opened the item for Public Comment.
Public Comment
▪ Vidya Rangasayee
With no one else wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Craig to appoint Vidya Rangasayee and Mary Allan to Form Part of the City of Monte Sereno Community Center Committee. Seconded by Councilmember Turner.
VOTE: Motion passed unanimously. (4-0-1 Absent: Ellahie)
NEW BUSINESS
1. Consider and Accept the City Manager's Quarterly Report City Manager Leonardis provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Craig to accept the City Manager's Quarterly Report. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed unanimously. (4-0-1 Absent: Ellahie)
2. Discussion and Consideration of the City of Monte Sereno Community Grants Deadline, Selection Dates, and Budget Amount
City Manager Leonardis provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Craig to approve the City of Monte Sereno Community Grants deadline, Selection Dates, and Budget Amount as recommended by staff and to change the guidelines to reflect the City Manager’s comment that a majority of the organization be volunteer led.
Seconded by Councilmember Turner.
VOTE: Motion passed. (4-0-1 Absent: Ellahie)
3. Discuss Hosting a City Picnic and Consider a Budget for the City Picnic City Manager Leonardis provided a staff report.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, he closed Public Comment.
MOTION: Motion by Mayor Mekechuk to approve hosting a City Picnic and allocating $15,000 for the event. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed. (4-0-1 Absent: Ellahie)
4. Community Center Committee Report Out
Member Harrington of the Community Center Committee reported on the progress that the team from Kohlsaat Architecture and the Community Center Committee have made in the Design phase of this project. She announced that Silicon Valley Clean Energy awarded a grant in the amount of $500,000 to build the Monte Sereno Community Center to showcase electrification.
5. Discussion and Consideration on Forming a Finance Ad Hoc Committee Mayor Mekechuk proposed to have a Finance Ad Hoc Committee through the completion of the construction of the Community Center.
MOTION: Motion by Councilmember Craig to appoint Mayor Mekechuk and Vice Mayor Wolsheimer to the Finance Ad Hoc Committee. Seconded by Mayor Mekechuk.
VOTE: Motion passed. (4-0-1 Absent: Ellahie)
6. Discussion and Consideration on Office Hours for Councilmembers City Manager Leonardis provided a staff report.
Discussion commenced.
Council agreed that Councilmembers should be able to conduct their own office hours and to use City Hall property.
COMMITTEE/COMMISSION REPORTS
Councilmember Craig shared he attended the February 14, 2023 Youth Commission Meeting. He talked about the presentation of the Children’s Outdoor Bill of Rights from the Santa Clara County Public Health Department, as well as how the Youth Commission reviewed some of the projects they have completed. Councilmember Craig also reported out on the Santa Clara County Library. He shared they discussed in their meeting the 5-year projection, the 10-year capital plan, and the 3- year technology plan. He lastly encouraged everyone to go and visit the County Library, as it is the Number 2 ranked County Library System in the Country.
Mayor Mekechuk requested an agenda item be included at the next Youth Commission meeting for a Youth Commissioner to conduct the Pledge of the Allegiance at each City Council meeting, as Councilmember Craig did tonight. He also recommended that the City do an eblast regarding visiting and using the Santa Clara County Library.
Mayor Mekechuk shared that although Councilmember Ellahie was not at tonight meeting, Councilmember Ellahie attended the Cities Association Meeting on February 2023, which was after the City Selection Committee that Mayor Mekechuk attended.
Councilmember Turner departed the meeting at 8:59 PM.
Vice Mayor Wolsheimer stated not having anything to report on the Silicon Valley Animal Control Authority. On the Santa Clara Water Commission, he deferred to Mayor Mekechuk, who attended the meeting in his absence as the Alternate.
Mayor Mekechuk reported that the Cities Association City Selection Committee met at the Los Altos Community Center on February 9, 2023. He shared being nominated for Chair, along with Mayor Larry Klein from the City of Sunnyvale. Mayor Mekechuk declined his nomination and Mayor Klein was elected Chair. Mayor Mekechuk was then nominated and elected Vice Chair of the City Selection Committee. This committee nominated several individuals to different commissions.
Mayor Mark Turner of Morgan Hill was assigned as the Alternate to LAFCO. Mayor Mekechuk was nominated and elected to serve as a commissioner to the Santa Clara County Recycling and Waste Reduction Commission.
The first meeting of the Recycling and Waste Reduction Commission is on February 24, 2023. Mayor Mekechuk will be representing four cities, being Los Gatos, Monte Sereno, Saratoga, and Campbell.
Mayor Mekechuk also shared he is on the Silicon Valley Clean Energy Authority; he is a Director, Chair of the Audit Committee, Vice Chair of the Executive Committee, a member of the Legislative Ad Hoc Committee, and also on the Risk Oversight Committee.
As Chair of the Audit Committee, at the February 8, 2023 Board meeting, Mayor Mekechuk recused himself of the approval of the $2 million of additional community grants, of which the City of Monte Sereno was awarded $500,000. Silicon Valley Clean Energy also published the Community Impact Report that was included in the Consent Calendar today. The Risk Oversight Committee meets tomorrow morning.
West Valley Solid Waste Management Authority and West Valley Clean Water Authority held their February 2, 2023 meetings in person at Monte Sereno Chambers for the first time since pre-COVID
and he was re-elected Chair for both authorities. He spoke regarding approvals that were made in each of the meetings.
At the January 19, 2023 Valley Transportation Authority Policy Advisory Committee, Councilmember Rob Rennie from the Town of Los Gatos was elected Chair.
Mayor Mekechuk also shared being invited by Mayor Matt Mahan of San Jose to attend the inaugural meeting of the Mayors of Santa Clara County on Friday, March 3, 2023.
Lastly, Mayor Mekechuk reported the Better Streets Commission is scheduled to meet on March 9, 2023 and, as the City Council liaison, he will not be able to attend that meeting due to international travel. Councilmember Liz Lawler was the alternate and, since she is no longer on City Council, Mayor Mekechuk would like an alternate City Council liaison to be appointed at the March 7, 2023 Council meeting so that person could attend the meeting in his absence.
COUNCILMEMBER COMMENTS
Councilmember Craig inquired on Staff developing and publishing a brochure with schematic drawings to help clarify permitting and other key information for residents.
CITY MANAGER’S REPORT
City Manager Leonardis shared that, due to a resignation, there is an opening on the Better Streets Commission. This vacancy will be advertised for recruitment. Also, as requested in prior Council meetings, two proposed ordinances (Bingo Ordinance and Gas Power Leaf Blowers Ordinance) will be brought up at a future Council meeting.
FUTURE AGENDA ITEMS
None.
ADJOURN
The meeting adjourned at approximately 9:14 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
SPECIAL MEETING
6:00 p.m.
February 23, 2023
MEETING CALLED TO ORDER
At 6:01 p.m., Mayor Mekechuk called the meeting to order.
ROLL CALL
Present: Councilmember Craig, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: Councilmember Ellahie and Councilmember Turner
Staff: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos and City Clerk Gonzalez-Langarica
UNFINISHED BUSINESS
1. Accept the Treasurer’s Report for the Period Ending November 30, 2022 City Manager Leonardis provided a staff report.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Councilmember Craig to Accept the Treasurer's Report for the Period Ending November 30, 2022. Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed. (3-0-2 Absent: Ellahie, Turner)
2. Approve Warrant List Dated February 21, 2023 in the amount $226,882.97 City Manager Leonardis provided a staff report.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Public Comment was closed.
MOTION: Motion by Mayor Mekechuk to Approve Warrant List Dated February 21, 2023 in the amount $226,882.97. Seconded by Councilmember Craig.
VOTE: Motion passed. (3-0-2 Absent: Ellahie, Turner)
ADJOURN
The meeting adjourned at approximately 6:05 p.m.
Bryan Mekechuk, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending December 31, 2022 Recommendation(s):
Staff recommends the City Council accept the Treasurer's Report for the period ending December 31, 2022
Background Information:
In a letter dated December 14, 2022, the 2022 Santa Clara County Civil Grand Jury transmitted to the City of Monte Sereno and all other municipalities in Santa Clara County its Final Report, "Show Me the Money": Financial Transparency Needed. The Final Report mentioned seven out of the nine General Law Cities in Santa Clara County as Noncompliant of Section 41004.
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.”
In the Grand Jury Report, The Civil Grand Jury found for City of Monte Sereno the following:
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.
In compliance with the Civil Grand Jury’s findings, City staff will consolidate into the new compliant monthly Treasurer’s Report the following previously provided information in four parts.
NEW COMPLIANT TREASURER’S REPORT
• Part 1 - Receipts and Disbursement Report
• Part 2 - Significant Variances Actuals versus Budget Narrative
• Part 3 - Demand Account Reports
• Part 4 - LAIF Investment Fund and Wells Fargo Custodian Report 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:
Part 1 - Receipts and Disbursement Montly Report 2022 12 31 (Final) Part 2 - SIGNIFICANT VARIANCES TO BUDGET NARRATIVE 2022 12 31 (Final) Part 3 - Demand Account Report 2022 12 31 (Final)
Part 4 - LAIF Investment Report 2022 12 31 (Final)
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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
2,326,700 376,853 848,573 (1,478,127) 36.5%
914,100 24,545 394,178 (519,922) 43.1%
310,000 34,824 128,122 (181,878) 41.3%
236,485 8,997 122,979 (113,506) 52.0%
280,700 11,261 91,882 (188,818) 32.7%
191,000 13,935 86,204 (104,796) 45.1%
11,200 0 26,585 15,385 237.4%
145,000 3,766 56,926 (88,074) 39.3%
12,000 903 4,615 (7,385) 38.5%
772,100 0 409,905 (362,195) 53.1%
3,000 25 683 (2,317) 22.8%
5,202,285 475,110 2,170,653 (3,031,632) 41.7%
Page: 1 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 25 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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
2,108,700 369,165 725,352 (1,383,348) 34.4%
89,000 0 90,605 1,605 101.8%
5,000 808 808 (4,192) 16.2%
35,000 6,381 30,690 (4,310) 87.7%
89,000 0 0 (89,000) 0.0%
0 490 958 958 N/A
0 0 119 119 N/A
0 0 0 0 N/A
0 9 41 41 N/A
0 0 0 0 N/A
2,326,700 376,853 848,573 (1,478,127) 36.5%
12,000 903 4,615 (7,385) 38.5%
12,000 903 4,615 (7,385) 38.5%
772,100 0 409,905 (362,195) 53.1%
772,100 0 409,905 (362,195) 53.1%
Page: 2 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 26 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 7,878 48,368 (60,632) 44.4%
82,000 6,057 37,837 (44,163) 46.1%
191,000 13,935 86,204 (104,796) 45.1%
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 31,994 74,293 (55,707) 57.1%
36,000 2,830 17,348 (18,652) 48.2%
50,000 0 36,480 (13,520) 73.0%
310,000 34,824 128,122 (181,878) 41.3%
145,000 3,766 56,926 (88,074) 39.3%
0 0 0 0 N/A
145,000 3,766 56,926 (88,074) 39.3%
680 0 740 60 108.8%
12,320 0 13,006 686 105.6%
36,000 0 13,506 (22,494) 37.5%
6,300 28 1,910 (4,390) 30.3%
697,000 15,741 283,146 (413,854) 40.6%
50,000 0 20,681 (29,319) 41.4%
3,000 9 673 (2,327) 22.4%
200 0 0 (200) 0.0%
8,500 6,510 13,460 4,960 158.4%
0 0 0 0 N/A
100 0 1,699 1,599 1699.2%
40,000 1,740 16,163 (23,837) 40.4%
60,000 517 29,194 (30,806) 48.7%
914,100 24,545 394,178 (519,922) 43.1%
Page: 3 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 27 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 25 683 (2,317) 22.8%
3,000 25 683 (2,317) 22.8%
10,000 0 22,098 12,098 221.0%
1,200 0 4,487 3,287 373.9%
11,200 0 26,585 15,385 237.4%
1,100 0 380 (720) 34.6%
2,000 664 1,665 (335) 83.2%
4,200 0 0 (4,200) 0.0%
0 0 0 0 N/A
100,000 8,333 90,271 (9,729) 90.3%
129,185 0 30,663 (98,522) 23.7%
236,485 8,997 122,979 (113,506) 52.0%
Page: 4 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 28 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
. 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
December 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 1,061 72,656 (97,344) 42.7%
500 0 0 (500) 0.0%
7,200 200 4,950 (2,250) 68.8%
85,000 10,000 10,000 (75,000) 11.8%
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 11,261 91,882 (188,818) 32.7%
5,202,285 475,110 2,170,653 (3,031,632) 41.7%
Page: 5 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 29 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 94,197 632,493 (874,339) 42.0%
1,110,604 84,217 421,085 (689,519) 37.9%
1,000 8,640 12,748 11,748 1274.8%
456,000 21,728 251,410 (204,590) 55.1%
975,000 25,700 435,797 (539,203) 44.7%
528,660 41,743 257,515 (271,145) 48.7%
249,550 8,413 35,381 (214,169) 14.2%
30,000 8,440 33,037 3,037 110.1%
89,600 4,089 20,277 (69,323) 22.6%
725,000 0 14,257 (710,743) 2.0%
54,600 410 3,450 (51,150) 6.3%
33,272 0 11,247 (22,025) 33.8%
2,980 224 942 (2,038) 31.6%
5,763,098 297,801 2,129,639 (3,633,459) 37.0%
(560,813) 177,309 41,014 601,826 -7.3%
Page: 6 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 30 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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
2,000 317 15,174 13,174 758.7%
3,000 0 0 (3,000) 0.0%
15,000 0 13,538 (1,462) 90.3%
2,000 0 0 (2,000) 0.0%
15,000 0 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 4,926 45,245 (169,755) 21.0%
89,000 0 93,646 4,646 105.2%
0 8,110 30,538 30,538 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
10,000 400 3,949 (6,051) 39.5%
0 0 0 0 N/A
200 0 0 (200) 0.0%
0 0 0 0 N/A
36,000 7,976 23,927 (12,073) 66.5%
456,000 21,728 251,410 (204,590) 55.1%
Page: 7 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 31 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 76,393 477,256 (613,980) 43.7%
0 0 0 0 N/A
0 0 0 0 N/A
95,593 2,656 38,430 (57,163) 40.2%
24,824 1,087 9,577 (15,248) 38.6%
135,177 7,436 47,850 (87,326) 35.4%
7,260 0 2,350 (4,910) 32.4%
8,400 444 2,873 (5,527) 34.2%
68,877 2,022 25,827 (43,051) 37.5%
16,143 1,141 7,126 (9,017) 44.1%
336 18 84 (252) 25.0%
38,586 1,501 11,521 (27,065) 29.9%
20,400 1,500 9,600 (10,800) 47.1%
1,506,832 94,197 632,493 (874,339) 42.0%
8,800 1,175 4,238 (4,562) 48.2%
14,580 1,109 14,881 301 102.1%
1,500 0 0 (1,500) 0.0%
40,760 705 5,143 (35,617) 12.6%
250 0 0 (250) 0.0%
24,300 874 22,530 (1,770) 92.7%
7,100 5,726 12,227 5,127 172.2%
19,700 800 7,241 (12,459) 36.8%
22,470 445 13,428 (9,042) 59.8%
0 0 0 0 N/A
361,000 29,408 170,744 (190,256) 47.3%
18,700 1,500 7,084 (11,616) 37.9%
0 0 0 0 N/A
7,000 0 0 (7,000) 0.0%
2,500 0 0 (2,500) 0.0%
528,660 41,743 257,515 (271,145) 48.7%
Page: 8 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 32 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 4,089 20,277 (54,323) 27.2%
89,600 4,089 20,277 (69,323) 22.6%
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 84,217 421,085 (589,519) 41.7%
0 0 0 0 N/A
100,000 0 0 (100,000) 0.0%
1,110,604 84,217 421,085 (689,519) 37.9%
30,000 8,440 23,417 (6,583) 78.1%
0 0 9,620 9,620 N/A
30,000 8,440 33,037 3,037 110.1%
310,000 23,485 381,079 71,079 122.9%
0 0 0 0 N/A
0 0 0 0 N/A
627,000 1,136 45,826 (581,174) 7.3%
12,000 890 890 (11,110) 7.4%
3,000 189 312 (2,688) 10.4%
11,000 0 0 (11,000) 0.0%
12,000 0 7,690 (4,310) 64.1%
975,000 25,700 435,797 (539,203) 44.7%
Page: 9 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 33 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 1,810 1,810 N/A
0 8,640 10,938 10,938 N/A
0 0 0 0 N/A
1,000 0 0 (1,000) 0.0%
1,000 8,640 12,748 11,748 1274.8%
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%
2,040 177 709 (1,332) 34.7%
940 47 233 (707) 24.8%
2,980 224 942 (2,038) 31.6%
Page: 10 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 34 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 8,018 31,699 (52,851) 37.5%
165,000 395 3,682 (161,318) 2.2%
0 0 0 0 N/A
0 0 0 0 N/A
249,550 8,413 35,381 (214,169) 14.2%
45,300 0 700 (44,600) 1.5%
3,000 0 0 (3,000) 0.0%
6,300 410 2,750 (3,550) 43.7%
54,600 410 3,450 (51,150) 6.3%
5,763,098 297,801 2,129,639 (3,633,459) 37.0%
(560,813) 177,309 41,013 601,826 -7.3%
Page: 11 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 35 of 137
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
December 2022
50.0% OF FY 2022-23 Adopted Budget
Treasurer's Report
Part 1 of 4
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
December 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 7,467 169,134 51,684 144.0%
83,711 148,898 219,746 136,035 262.5%
241,391 8,333 125,188 (116,203) 51.9%
630 25 31,975 31,345 5077.1%
242,274 13,935 328,479 86,204 135.6%
69,524 0 69,524 0 100.0%
73 0 73 0 100.0%
2,805 499 3,924 1,118 139.9%
39 0 39 0 100.0%
640,447 171,691 778,948 138,501 121.6%
757,897 179,157 948,082 190,185 125.1%
647,671 0 169,769 (477,902) 26.2%
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 0 4,369,769 (477,902) 90.1%
0 0 0 0 N/A
131,506 0 135,993 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 0 190,787 4,487 102.4%
5,033,970 0 4,560,556 (473,415) 90.6%
5,791,868 179,157 5,508,637 (283,230) 95.1%
Page: 12 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2022 12 31 (Final 02-28-2023) Page 36 of 137 1 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 December 2022
50.0% of FY 2022-23 Adopted Budget
Revenues
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Revenues $2.2 Million (41.7% of FY 2022-23 Adopted Budget FULL YEAR) - Property Tax $848.6 Thousand, 35.6% of FY 2022-23 Adopted Budget FULL YEAR: Received Secured Property tax 3rd advance payments ($369k). and SB-813 Supplemental tax ($6.1k).
- Licenses and Permits $394.2 Thousand, 43.1% of FY 2022-23 Adopted Budget FULL YEAR: In December, no new business licenses processed and received $24.5k in construction permits including major projects on Saratoga-Los Gatos Rd., Bancroft Ave, Bruce Ave., Grosvenor Ct., Zena Ave., San Benito Way and Ridge Crest Ave. - Franchise Fees $128.1 Thousand, 41.3% of FY 2022-23 Adopted Budget FULL YEAR: Received $32k franchise fees from West Valley Collection.
- Intergovernmental $123.0 Thousand, 52.0% of FY 2022-23 Adopted Budget FULL YEAR: In December, received FY 2023 COPS ELEAS pass-thru for October 2022 ($8.3k), - Other Revenues $91.9 Thousand, 32.7% of FY 2022-23 Adopted Budget FULL YEAR: Received $10k from Silicon Valley Clean Energy for Silicon Valley Clean Energy Reach Code Adoption - Gas Tax $86.2 Thousand, 45.1% of FY 2022-23 Adopted Budget FULL YEAR: Received Gas Tax revenue ($7.9k) and SB-1 revenue ($6.1k).
- Real Property Tax $56.9 Thousand, 39.3% of FY 2022-23 Adopted Budget FULL YEAR: In December 2022.
Received $3.8k in real property transfer tax for October 2022. - Sales and Use Tax $4.6 Thousand, 38.5% of FY 2022-23 Adopted Budget FULL YEAR: Received ($903) 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 YTD. - Investment Income/Interest $26.6 Thousand, 237.4% of FY 2022-23 Adopted Budget FULL YEAR: None in December 2022.
2 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 December 2022
50.0% of FY 2022-23 Adopted Budget
Expenditures
SIGNIFICANT FULL YEAR VARIANCES TO FY 2022-23 ADOPTED BUDGET NARRATIVE Expenditures $2.1 Million, 37.0% of FY 2022-23 Adopted Budget FULL YEAR - Personnel $632.5 Thousand, 42.0% of FY 2022-23 Adopted Budget FULL YEAR: Slightly below budget with delayed hiring of combined Building Inspector/Enforcement Officer position – Filled December 17, 2022 by Alan Cunningham. City Engineer resigned September 30, 2022 and City Clerk resigned October 14, 2022 and promoted Deputy City Clerk to City Clerk November 2022. - Law Enforcement $421.1 Thousand, 37.9% of FY 2022-23 Adopted Budget FULL YEAR: Paid monthly police services ($84.2k).
- Construction $12.7 Thousand, 1274.8% of FY 2022-23 Adopted Budget FULL YEAR: In December, paid $8.6k to KTUA for the Bicycle & Pedestrian Master Plan project. - General Government $251.4 Thousand, 55.1% of FY 2022-23 Adopted Budget FULL YEAR: In December, paid Dicar Networks Monthly Managed Care Services for two months ($2650), various software license renewal ($2736) and in-house training on Boxcast and connectivity computer repair ($938) and CSG Consultants for Code Enforcement services ($8.1k).
- Maintenance $435.8 Thousand, 44.7% of FY 2022-23 Adopted Budget FULL YEAR: In December, paid McKim Corporation for the Annual Pavement Improvement Project ($19.9k) and All Earth Geotechnical for PIP inspection and testing ($3.6k).
- Administration $257.5 Thousand, 48.7% of FY 2022-23 Adopted Budget FULL YEAR: In December, paid for Plan Check Consultant services for Hourly Services (11/07/2022 to 12/04/2022) $7.0k and ePermit Development ($6.8k). CSG Building Inspector consultant $4.6k for November services. - City Attorney $35.4 Thousand, 14.2% of FY 2022-23 Adopted Budget FULL YEAR: In December, paid $8.0 for City Attorney Services.
- Building Maintenance $33.0 Thousand, 110.1% of FY 2022-23 Adopted Budget FULL YEAR: Paid Janitorial services for two months and supplies $0.8k EnviroScience $2.8k for mold air sampling, analysis and report at City Hall and $4.6k to remove dead tree and brush at Robin Ann Ln., Trim trees at City Hall - Equipment / Improvements $20.3 Thousand, 22.6% of FY 2022-23 Adopted Budget FULL YEAR: Paid total of $2.6k for Total Care IT Services for two months and $2.0k for software license renewal for two months.
3 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 December 2022
50.0% of FY 2022-23 Adopted Budget
Expenditures
- Building and Improvements, $14.3 Thousand, 2.0% of FY 2022-23 Adopted Budget FULL YEAR: None - Engineering $11.2 Thousand, 33.8% of FY 2022-23 Adopted Budget FULL YEAR: None. - City Audit $3.5 Thousand, 6.3% of FY 2022-23 Adopted Budget FULL YEAR: ADP payroll processing fee ($410).
DEMAND ACCOUNT REPORT For the period ending
December 31, 2022
Treasurer's Report - Part 3 of 4
December 31, 2022 November 30, 2022 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $768,924.64 $421,502.37 $347,422.27
Receipts and Interest Earned
Receipts for the period 475,110.03 498,198.86 ($23,088.83) In December 2022, received Secured Property Tax 3rd Advance ($369k), Waste Connection Franchise fees ($33.6k), Silicon Valley Clean Energy (Reach Code Adoption) ($10k), FY 2022-23 COPS ELEAS for October 2022 ($8.3k), SB-813 Supplemental 1% Tax for November 2022 ($8.4k), Gas Tax Revenue ($7.9k), SB-1 Revenue ($6.1k), permit fees from projects on Bancroft Ave ($4k) and Saratoga Los Gatos Rd ($4k).
Investment receipts during the period $500,000.00 ($500,000.00) Transferred in $500k from LAIF Investment Account in November 2022 Interest earned $0.00
Total Receipts and Interest Earned $475,110.03 $998,198.86 ($523,088.83) Less: Disbursements
Cash disbursements during the period $261,378.99 $610,862.52 ($349,483.53) In December 2022, paid $89k for salary and payroll taxes, $84.2k for Police Services, $19.9k to McKim Corporation for the Annual Pavement Improvement Proect, $12.7k for Code Enforcement and Building Inspection services, $11k for City Engineer Consulting; $8.6k to KTUA for the Bicycle & Pedestrian Master Plan project, $7.5k for IT computer systems support and software license renewals, $7.4k for Health Insurance premiums, $7.9k to Silicon Valley Animal Control, $5k for the Historical cataloguing, forensic examination and preservation of reports project.
Invested during the period $0.00
GASB 68 Report & SSA fee $0.00
EFT(PERS retirement) $6,988.77 $10,642.28 ($3,653.51) Two employees reached PEPRA contribution limit for calendar year 2022 EFT (payroll taxes) $15,660.85 $16,859.00 ($1,198.15) Lower federal payroll tax base.
EFT (PERS health) $7,435.79 $8,287.02 ($851.23) One Staff employee terminated from health coverage.
EFT (EDD payroll taxes) $4,488.44 $4,125.77 $362.67
Bank fees $0.00
Total Disbursements $295,952.84 $650,776.59 ($354,823.75) ENDING BALANCE $948,081.83 $768,924.64 $179,157.19
BALANCE IN DEMAND ACCOUNTS
Checking $169,134.24 $161,667.62 $7,466.62
Savings $778,947.59 $607,257.02 $171,690.57
TOTAL DEMAND ACCOUNTS $948,081.83 $768,924.64 $179,157.19
FUND DISTRIBUTION IN DEMAND ACCOUNTS
General $388,880.32 $232,515.45 $156,364.87 Refer to detail above for cash disbursements.
Law Enforcement $125,188.38 $116,855.05 $8,333.33 Received COPS ELEAS October 2022 grant funds.
Traffic Safety $31,975.24 $31,950.61 $24.63
Gas Tax (2107) $328,478.72 $314,543.35 $13,935.37 Received Gas Tax Revenue ($7.9k) and SB-1 Revenue ($6.1k) Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $3,923.62 $3,424.63 $498.99 Received Secured Property Tax 3rd Advance ($499k) Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $948,081.83 $768,924.64 $179,157.19
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
December 31, 2022
Treasurer's Report - Part 4 of 4
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
11/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
12/31/2022 Comments
169,769.00 169,769.00
3,500,000.00 3,500,000.00
500,000.00 500,000.00 No Activity
200,000.00 200,000.00
0.00 0.00
4,369,769.00 0.00 0.00 0.00 4,369,769.00
0.00 0.00
135,993.09 135,993.09
21,000.00 21,000.00
27,042.53 27,042.53 No Activity
0.00 0.00
6,751.00 6,751.00
190,786.62 0.00 0.00 0.00 190,786.62
4,560,555.62 0.00 0.00 0.00 4,560,555.62
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
December 31, 2022
Treasurer's Report - Part 4 of 4
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
11/30/2022
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF)
12/31/2022 Comments
70,847.83 452,317.71 (303,419.46) 219,746.08
In December 2022, received Secured Property Tax 3rd Advance ($369k), Waste Connection Franchise fees ($33.6k), Silicon Valley Clean Energy (Reach Code Adoption) ($10k), SB-813 Supplemental 1% Tax for November 2022 ($8.4k), permit fees from projects on Bancroft Ave ($4k) and Saratoga Los Gatos Rd ($4k).
116,855.05 8,333.33 125,188.38 In December 2022, received COPS ELEAS pass-thru Grant for October 2022 ($8.3k)
31,950.61 24.63 31,975.24
314,543.35 13,935.37 328,478.72 Received Gas Tax Revenue ($7.9k) and SB-1 Revenue ($6.1k) 69,523.86 0.00 69,523.86
72.75 0.00 72.75
3,424.63 498.99 3,923.62 Received Secured Property Tax 3rd Advance ($499k)
38.94 0.00 38.94
607,257.02 475,110.03 (303,419.46) 0.00 778,947.59
161,667.62 (295,952.84) 303,419.46 169,134.24
In December 2022, received Secured Property Tax 3rd Advance ($369k), Waste Connection Franchise fees ($33.6k), Silicon Valley Clean Energy (Reach Code Adoption) ($10k), FY 2022-23 COPS ELEAS for October 2022 ($8.3k), SB-813 Supplemental 1% Tax for November 2022 ($8.4k), Gas Tax Revenue ($7.9k), SB-1 Revenue ($6.1k), permit fees from projects on Bancroft Ave ($4k) and Saratoga Los Gatos Rd ($4k).
5,329,480.26 179,157.19 0.00 0.00 5,508,637.45
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 - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated March 7, 2023 in the amount $137,994.82 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Fiscal Impact:
There are no unbudgeted fiscal impact with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
2023 03 07 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
March 7, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20199 Natalie Ladd
Photography
Photography headshots - 3 Staff
employees (Code Enforecement/Building
Inspector, City Clerk and Admin II)
1,800.00 01-710
20200 BKF Engineers Hwy 9 Safety Improvement Gap Closure Project (CIP-2022-E) 536.00 05-925
20201 BMI Imaging Systems Web Hosting February 2023 225.00 01-715 20202 Bryan Mekechuk Reimburse travel and lodging expenses to New Mayor Training in Sacramento 1,106.00 01-740
20203 CIVICPLUS Online code hosting for Muni Code
Services 900.00 01-720
20204 Delta Dental of
California
Dental insurance premiums for March
2023 587.45 01-635
20205 First Choice Coffee
Services
Coffee supplies (2 months) and Keurig
Brewer machine rental (2 months) 369.27 01-710
20206 Gary Kohlsaat Architect,
Inc.
Annex Building Project - Phase Pre
design ($3600) and Schematic design
phase ($6375) (CIP-2022-B)
9,975.00 01-815
20207 Maze & Associates
Partial billing for FY 2022 Audit - basic
financial statements and memorandum
on internal control
14,050.00 01-470
20208 MissionSquare - 301546 Funding 457 retirement plan - February 2023 1,402.08 01-660
20209 Pacific Gas & Electric
Utilitity electricity services - City Hall
($499), City Office ($31), Rose Andrews
Lighting district ($47), City street and
Highway street lights ($191), Loma
Serena Lighting district ($356) for two
months.
1,124.73
01-705
50-945
05-890
40-935
20210 RICOH USA, INC. Office copier rental for two months 960.46 01-715 20211 Ridley Master Legal services for Padgett case 258.50 01-427 20212 The A.I.M.S.
Corporation
City Engineer Consulting services
01/30/2023 to 02/26/2023 12,150.00 01-765
20213 Town of Los Gatos
Finance Depa Police services 84,217.00 01-545
20214 Town of Los Gatos
Finance Depa
COPS ELEAS Grant pass-through from
October 2022 disbursement 8,333.33 03-548
TOTAL WARRANT LIST $137,994.82
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.
1 of 1 Page 44 of 137
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: 2022 Housing Element Annual Progress Report
Recommendation(s):
Staff recommends the City Council accept the 2022 Housing Element Annual Progress Report and direct staff to file the report with the State of California by April 1, 2023.
Background Information:
Since 1969, California has required that all local governments adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting Housing Elements as part of the General Plan. The General Plan serves as the city’s "blueprint" for how the city will grow and develop.
In accordance with Government Code section 65400, each jurisdiction must prepare an Annual Progress Report (APR) on the status and progress in implementing the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development (HCD).
Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research by April 1 of each year covering the previous calendar year.
The 2022 APR (Attachment 1) provides an update on the City’s progress in implementing the 2015- 2023 Housing Element. The APR describes the City’s accomplishments from January 1, 2022 to December 31, 2022 that contribute toward meeting its Regional Housing Needs Allocation (RHNA), as described further in the Analysis section below.
Analysis:
RHNA Progress
The following table show the number of new housing units that have been issued building permits for each year of the current Housing Element planning period (detailed in Table A2 of the attached APR):
Year New ADUs New Houses Total
2015 6 1 7
2016 5 8 13
2017 12 4 16
2018 8 0 8
2019 14 12 26
Year New ADUs New Houses Total
2020 9 38 47
2021 14 3 17
2022 18 8 26
Total 86 74 160
In addition to the total number of building permits issued for new housing units, the APR also shows the affordability levels for each new housing unit. The affordability level for all new single family houses that were permitted fall in the Above Moderate category as none of these for-sale housing units have been deed-restricted for lower income categories. ADUs are considered rental units as they secondary units to the main house and not available for sale separately. The following table shows the monthly rental levels for each income category as determined annually by the California Department of Housing and Community Development in accordance with state law:
Income Level
(Max. % of Area
Median Income)
Studio Unit One Bedroom Unit Two Bedroom Unit
Very Low
(50%)
Up to $1,475 Up to $1,685 Up to $1,896
Low
(60%)
$1,476 - $2,306 $1,686 - $2,635 $1,897 - $2,965
Moderate
(110%)
$2,307 - $3,539 $2,636 - $4,044 $2,966 - $4,550
Above Moderate
(above 110%)
$3,540 + $4,045 + $4,551 +
The affordability level for each ADU permitted is determined based on a survey that staff to each property owner who received a building permit for a new ADU requesting information about the actual rent charged for the unit. The information provided in the surveys that are returned is reported in the APR. For the new ADUs where a completed survey was not received, the affordability methodology established by the Association of Bay Area Governments (ABAG) is used to determined the affordability level. Details of that methodology are included in Attachment 2.
Table B of the attached APR details the affordability categories for each new housing unit permitted.
This information is summarized below by showing the required number of new housing units in each affordability category and the actual number of building permit issued since the beginning of the planning period:
Income Level RHNA Allocation Number of Building Permits Issued 2015-2022
Very Low 23 65
Low 13 13
Moderate 13 6
Above Moderate 12 76
Total 61 160
As shown above, the number of new housing units constructed has greatly exceeded the RHNA allocation for the 2015-2023 planning period of the current Housing Element. This is largely due to new ADUs (86 total) as well as the Montalvo Oaks project (36 new housing units).
Housing Programs
The attached Annual Progress Report also reports on the status of the programs in the Housing Element, Table D of the attachment. Specific program implementation that is noteworthy includes Program H-2.1 related to the administration of the Second Unit Program (now referred to as ADUs).
The City has streamlined the review process for ADUs, removed requirements that were constraints to development of ADUs, and provided a 50% permit/plan check fee discount for property owners that provide written intentions to construct and ADU in the next seven years. This program has been very successful in encouraging new ADU construction, as a total of 86 ADUs have been permitted in the City since 2015.
Additionally, the success of Program H-3.2, regarding the maintenance of public infrastructure in residential neighborhoods is important to note. In 2017-2018, the City embarked on a five-year Pavement Management Program to improve the overall condition of the City's streets from a Pavement Condition Index rating of 63 (fair) to a rating of 70 (good). In Fiscal Year 2019-2020 this goal was revised to meet the Metropolitan Transportation Commission’s goal of for the average PCI on local roads to be a rating of 75. As of December 2020, the City’s PCI rating is 70. A total of 61 of the City’s 88 street segments have been resurfaced since Fiscal Year 2017-2018.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda as well as this report appears on the City's website.
Attachments:
1. 2022 Annual Housing Element Progress Report
2. ABAG Technical Memo - Using ADUs to Satisfy RHNA
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
18041 Saratoga Los Gatos Road
Monte Sereno
95030
Please Start Here
General Information
2022
Monte Sereno
Contact Information
Diana
Perkins
City Planner
[email protected]
4083547635
Mailing Address
Annual Progress Report January 2020
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 8 8 8 0 410-11-041 15851 San Benito
Wy SFD O 12/1/2022 1 1 1 No No
410-27-005 18300 Daves Av SFD O 11/4/2022 1 1 1 No No
410-41-001 18450 Bicknell Rd SFD O 11/4/2022 1 1 1 No No 410-11-042 17671 Bruce Av SFD O 8/24/2022 1 1 1 No No
410-05-010 15450 Palos
Verdes Dr SFD O 4/29/2022 1 1 1 No No
510-21-032 18471 Via Bonita SFD O 6/2/2022 1 1 1 No No
410-12-001 17690 Bruce Av SFD O 3/7/2022 1 1 1 No No
409-32-022 17399 Zena Av SFD O 2/23/2022 1 1 1 No No
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 6 6 0 7 0 5 0 5 9 26 0 2 0 5 0 0 14 21 0 0 13 0 510-21-069 16363 Ridgecrest
Av 2021-0280 SFD O 0 1 4/1/2022 1 0 0 N Y 1 Demolished O 410-20-035 410-20-051 18061 Saratoga
Los Gatos Rd 2021-0261 SFD O 0 1 10/5/2022 1 0 0 N Y
410-20-035 410-20-051 18061 Saratoga
Los Gatos Rd 2021-0261 ADU R
0 1 10/5/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-20-036 410-20-048 16219 Seaborn Ct 2021-0296 SFD O 0 1 3/15/2022 1 0 0 N Y 410-20-036 410-20-048 16219 Seaborn Ct 2021-0296 ADU R
0 1 3/15/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-12-011 17690 Bruce Av 2022-0119 ADU R 1 4/6/2022
1 1 8/30/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
424-27-034 17454 El Rancho
Av 2021-0265 ADU R
0 1
5/13/2022
1 1 10/21/2022 1 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
510-50-009 16178 Greenwood
Rd 2021-0150 ADU R
0 1 3/9/2022 1 1 10/17/2022 1 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-09-029 15831 Poppy Ln 2021-0146 ADU R
0 1 3/29/2022 1 1 10/3/2022 1 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-04-010 15676 Oak Knoll
Dr 2021-0236 ADU R
0 1 1/18/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
510-12-007 18154 Bancroft Av 2021-0218 ADU R
0 1 4/11/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-20-036 410-20-049 16221 Seaborn Ct 2021-0295 SFD O 0 1 3/15/2022 1 0 0 N Y 410-20-036 410-20-049 16221 Seaborn Ct 2021-0295 ADU R
0 1 3/15/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-40-024 18510 Bicknell Rd 2022-0006 ADU R
0 1 3/7/2022 1 0 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
409-43-010 15215 Via Pinto 2022-0166 ADU R
0 1 9/30/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-02-009 15461 Palos
Verdes Dr 2022-0047 ADU R
0 1 9/9/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-38-016 18428 Twin Creeks
Rd 2022-0105 ADU R
0 1 8/18/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-02-019 15506 Kirkorian
Wy 2022-0059 ADU R
0 1 8/16/2022 1 0 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
510-12-013 18201 Bancroft Av 2022-0077 ADU R
0 1 7/21/2022 1 0 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
410-05-018 15563 Kavin Ln 2022-0156 ADU R
0 1 8/29/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-20-005 15485 One Oak Ln 2022-0168 ADU R 0 1 11/7/2022 1 0 0 N Y 410-20-035 410-20-050 18071 Saratoga
Los Gatos Rd 2021-0253 SFD O 0 1 10/5/2022 1 0 0 N Y 1 Demolished O 410-40-024 18510 Bicknell Rd 2021-0268 SFD O 0 1 1/7/2022 1 0 0 N Y 1 Demolished O 410-20-036 410-20-047 16215 Seaborn Ct 2021-0294 SFD O 0 1 3/15/2022 1 0 0 N Y 1 Demolished O 410-09-025 15795 Poppy Ln 2020-7234 ADU R
0 0 1 10/11/2022 1 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
410-07-022 15539 Winchester
Bl 2020-7214 ADU R
0 0 1 4/27/2022 1 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
510-13-031 18113 Bancroft Av 2021-0179 ADU R
0 0 1 3/23/2022 1 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
410-45-001 15318 Elm Park 2021-0105 ADU R
0 0 1 3/7/2022 1 0 N Y
Based on property owner's
response to an annual survey
conducted by the City.
409-32-022 17399 Zena Av 2022-3015 SFD O 1 4/6/2022 1 0 0 0 N Y 1 Demolished O 510-21-032 18471 Via Bonita 2022-3038 SFD O 1 7/6/2022 1 0 0 0 N Y 1 Demolished O 410-05-010 15450 Palos
Verdes Dr 2022-3029 SFD O 1 7/6/2022 1 0 0 0 N Y 1 Demolished O 410-11-042 17671 Bruce Av 2022-3052 SFD O 1 12/7/2022 1 0 0 0 N Y 1 Demolished O 410-41-001 18450 Bicknell Rd 2022-3073 SFD O 1 12/7/2022 1 0 0 0 N Y 1 Demolished O 410-29-005 18300 Daves Av 2022-3074 SFD O 1 1/4/2023 1 0 0 0 N Y 1 Demolished O 410-11-041 15851 San Benito
Wy 2022-3078 SFD O 1 1/4/2023 1 0 0 0 N Y 1 Demolished O 510-08-018, 510-
08-019 510-61-006 18830 Montalvo Oaks Cl 2020-7167 SFD O 0 0 1 11/9/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-022 18842 Montalvo Oaks Cl 2020-7176 SFD O 0 0 1 3/3/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-018 18837 Montalvo Oaks Cl 2020-7170 SFD O 0 0 1 11/9/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-016 18825 Montalvo Oaks Cl 2020-7168 SFD O 0 0 1 3/16/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-017 18835 Montalvo Oaks Cl 2020-7169 SFD O 0 0 1 2/14/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-019 18839 Montalvo Oaks Cl 2020-7171 SFD O 0 0 1 3/7/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-020 18843 Montalvo Oaks Cl 2020-7172 SFD O 0 0 1 3/3/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-021 18834 Montalvo Oaks Cl 2020-7173 SFD O 0 0 1 6/15/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-033 18844 Montalvo Oaks Cl 2020-7177 SFD O 0 0 1 2/11/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-034 18846 Montalvo Oaks Cl 2020-7178 SFD O 0 0 1 2/7/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-023 18848 Montalvo Oaks Cl 2020-7179 SFD O 0 0 1 1/24/2022 1 0 N Y 510-08-018, 510-
08-019 510-61-023 18850 Montalvo Oaks Cl 2020-7180 SFD O 0 0 1 1/24/2022 1 0 N Y 410-22-005 15941 Viewfield Rd 2021-0120 SFD O 0 0 1 6/24/2022 1 0 N Y 1 Demolished O 510-08-018, 510-
08-019 510-61-022 18840 Montalvo Oaks Cl 2020-7175 SFD O 0 0 1 2/23/2022 1 0 N Y 510-21-069 16363 Ridgecrest
Av 2021-0280 ADU R
0 1 4/1/2022 1 0 0 N Y
Property owner's survey not
returned. Based on ABAG ADU
Affordability Methodology
410-12-011 17690 Bruce Av 2022-0119 SFD O 0 1 8/30/2022 1 0 0 N Y 1 Demolished O Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 5 - - - - - - -
Non-Deed Restricted - 4 - 12 8 14 9 6 7 -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - 8 5 -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 1 - - - - - - 5 -
Above Moderate 12 - 2 8 4 - 12 38 3 9 - 76 -
61 - 7 13 16 8 26 47 17 26 - 160 7
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
12 - - - - - - - - - - 12
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
7 65
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
6 Moderate
23 13
13 Please contact HCD if your data is different than the material supplied here 13 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very LowIncome Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Monte Sereno
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H-1.1
Continue to require Site Development
Permit approval for all new homes and to
require project consistency with the City
Design Guidelines.
Ongoing During the 2021 calendar year the City reviewed 23 Site Development Permits.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
H-2.1
The City will continue to administer and
improve the Second Unit Program in order
to encourage the construction of additional
Second Units affordable to lower income
households. Specific tasks that the City will
undertake include:
* Continue to survey affordability and use
of Second Units at time of construction as
well as conduct a survey of existing
Second Units at least twice during the
Planning Period to determine affordability
and use of the unit. The first survey and
results of that survey shall be completed
by the end of 2019.
* Revise the approval process for Second
Units so that it is ministerial, rather than
discretionary,
* Review and revise Second Unit Program
to remove constraints to Second Unit
development, such as reducing setback
requirements for Second Units in all R-1
zones and eliminating the existing policy in
the R-1-8 zone that deducts Second Unit
square footage from the allowable
maximum size of the principal dwelling on
lots of less than 12,000 square feet;
* Explore other innovative uses of Second
Units such as providing housing for multigenerational uses (small families, aging in place, etc.) and develop programs as
feasible, and
* Further amend the Second Unit Program
Ongoing
Ongoing
Complete
Complete
Ongoing
Complete
The City continues to administer and improve the Second Unit Program, now referred to as Accessory Dwelling Units (ADUs), and has taken the following actions:
- Continue to survey affordability and use of ADUs;
- Continue to publish incentives for ADUs through the City website and at City Hall front counter (ongoing), and such incentives include waiver of permit fees; - Provide to the residents the Accessory Dwelling Unit Handbook published by the State Department of Housing and Community Development (HCD)
-The City recently amended the local zoning code to stay current with state regulations regarding ADU construction.
-The City recently enacted a revised amnesty program to encourage property owners to legalized non-permitted ADUs without code enforcement penalties. -The permitting process for ADUs was streamlined to no longer require a Planning Permit, only a building permit is required.
Additionally, the City has adopted an ordinance to allow an additional residential unit on each single-family lot in accordance with SB 9.
The annual ADU survey has found that 93% of ADUs constructed are used as dwelling units. And 74% are rented at very low or low income levels.
ADU construction contributed significantly to Monte Sereno meeting the RHNA requirements for both the number of new dwelling units and the affordability categories for the 5th Cycle Housing Element.
Additionally, the City recently amended its ADU regulations to comply with new state law coming into effect January 1, 2023 under SB-897 and AB-2221.
H-2.2
The City will explore and implement if
appropriate other options to provide
additional affordable housing opportunities
within its existing housing stock. For
example, shared housing or renting rooms
would be most appropriate for a
community such as Monte Sereno that has
many large housing units capable of
housing more people. Shared Housing
programs match persons needing housing
with homeowners and others who have
space to rent. At a minimum, the City will
contact shared housing agencies and
publicize opportunities to share housing.
Ongoing
The City continues to explore shared housing opportunities and programs. The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek opportunities for affordable housing within Monte Sereno. However, there has been no interest from developers to construct such projects in Monte Sereno.
As ADU construction has been the most successful way Monte Sereno has seen new housing units constructed, focus continues to be placed on further encouraging and incentivizing ADU construction as noted in Program H-2.1 above.
H-2.3
By the end of 2017, the City will evaluate
progress towards meeting its RHNA, in
particular new construction objectives for
extremely low, very low, low and moderate
income households. If the City determines
that fewer than 12 Second Units are
constructed every two years, the City will
evaluate and implement revisions to the
Second Unit program to meet the City's
objectives. As part of this analysis, the City
will consider revising its multi-family zoning
and density standards. If changes are
required that are inconsistent with the
Housing Element, the City will amend the
Housing Element as necessary.
Ongoing
Building permits were issued for 18 new Accessory Dwelling Units in 2022.
The City greatly exceeded the RHNA requirements for the 5th Cycle Housing Element and Accessory Dwelling Units (Second Units) were constructed filling the Very Low RHNA numbers surpassing the City’s objectives
The permitting process for ADUs has been streamlined to no longer require a separate Planning application; ADUs submit for building permit only.
The City successfully constructed 12 or more ADUs were constructed every two years during the 5th Cycle Housing Element and therefore was not required to implement revisions to the ADU program based on this Program. However, the City made many changes to the ADU development standards and permitting process to further incentivize their construction.
H-2.4
The City will work with nearby communities
to explore countywide housing needs and
solutions. On an annual basis, the City
Manager will provide a summary report of
activities in cooperation with other
jurisdictions/agencies to further increase
the supply of affordable housing in the
County of Santa Clara. Also, included in
this report will be a description of the City's
efforts to meet its RHNA goals. This
information will also be included in the
City's annual Housing Element update to
HCD.
Ongoing
The City currently participates with the Housing Trust of Santa Clara County, the Housing Authority of Santa Clara County and the Santa Clara County Office of Affordable Housing. Activities and programs include:
*Mortgage Credit Certification Program for first time homebuyers *2016 Housing Bond to fund housing needs of the community’s poorest and most vulnerable residents
*Information about how to get connected to long-term housing *Information about emergency shelters
*Plan to tackle homelessness
*Rental assistance
H-2.5
The City will revise the Municipal Code
(Section 10.05.045) Public ("P") zoning
district by December 2016 to allow
multifamily residential uses by right on the
First Baptist Church site (17765 Daves
Avenue). Revisions will include
development standards that include those
described in Section 6 of this document
(Site Inventory: "Proposed Guidelines for
Public/Residential Multi Family Zone First
Baptist Church Site)." The City will also
complete any amendments to the General
Plan that may be necessary to allow
multifamily uses in the Public ("P") zoning
district by December 2016. If the
necessary amendments are not adopted
by December 2016 and not successful in
encouraging multi-family development, the
City will provide alternate multi-family
residential opportunities and will amend
the Housing Element as necessary to
correct any inconsistencies.
Further, in conjunction with Program H-4.1,
the City will make specific outreach with
developers of housing affordable to lower
income and special need households,
including incentives such as density
bonuses, fee waivers or other incentives.
The City will also assist with identifying
and/or applying for project funding
from*other sources including but not
2017-2018
Ongoing
17765 Daves Avenue
In May 2016, the City Council approved Resolution 3621 to amend the General Plan designation of 17765 Daves Avenue to Public/Multi-Family Residential, which would have allowed up to 5 dwelling units per acre on the approximately 3.5-acre site.
Multi-family zoning was instead established at an alternative site (18840 Saratoga-Los Gatos Road, see below) as a result of a referendum petition that was filed and certified to require an election on Resolution 3621 or its repeal. As a consequence, the City Council approved Resolution 3706 in August of 2018, which repealed the Public/MultiFamily General Plan Designation for 17665 Daves Avenue. This site is currently zoned for two units an acre.
Instead of this site becoming the destination for new multi-family housing during the 5th Housing Element Cycle, the City welcomed an alternative opportunity to support housing construction.
18840 Saratoga-Los Gatos Road
The City amended its General Plan and Zoning Ordinance to allow multi-family residential uses on the Hacienda site (18840 Saratoga-Los Gatos Road) in June of 2018. This allowed for a new development of 36 housing units.
In June 2018, the City Council adopted a series of resolutions (3692 through 3697) which approved annexation and development, of an approximately 4.5-acre site to construct 36 dwellings at a density of 9 dwelling unit per acre at 18840 Saratoga Los Gatos Road. As part of these actions, the City Council amended the Multi-Family General Plan designation to allow 9 dwelling units per acre instead of the maximum 5 dwelling units per acre that was previously allowed.
The project approved at 18840 Saratoga Los Gatos Road resulted in a higher density than was approved for the 17765 Dave Avenue site. Also, the Saratoga Los Gatos Road site is 4.5 acres compared with the Daves Avenue suite of 3.5 acres, which also resulted in overall more dwelling units constructed.
Staff encouraged the developer of the 18840 Saratoga Los Gatos Road to include affordable units; however the developer was not interested in constructing affordable H-2.6
The City will revise the Municipal Code to
1) allow employee housing that provides
housing for 6 or fewer employees in all
residential zoned areas, 2) include
residential care homes, supportive housing
and transitional housing as a "use by right"
in RM zones and 3) include Municipal
Code Section 10.05 regarding SRO use as
allowable in RM zones
Competed 2016
Modification to allow for residential care homes, supportive housing and transitional housing in all residential zoning districts was completed in November 2016.
Municipal Code Chapter 10.05 now also authorizes rental of single rooms in all residential districts.
H-3.1
The City will continue to pursue code
enforcement on homes that are not
maintained in compliance with City codes
Ongoing
On-going based on staff observations during routine visits and in response to complaints.
The City has recently hired full-time employee who is the Code Enforcement Officer and responds to code compliance complaints/issues.
H-3.2
The City will review and revise on a
biannual basis the Capital Improvement
Program (CIP) to identify public
infrastructure priorities that will maintain
the community's older residential
neighborhoods.
Bi-annually
Annually the Capital Improvement Program (CIP) and priorities are set and approved by the City Council during the budget setting process. The City Council also conducts midyear budget review to make adjustments as needed to the CIP. Beginning with Fiscal Year 2017-2018, the City embarked on a five-year Pavement Management Program to improve the overall condition of the City's neighborhoods and focused on streets using a Pavement Condition Index (PCI) rating of 63 (fair) to a rating of 70 (good). In Fiscal Year 2019-2020 this goal was revised to meet the Metropolitan Transportation Commission’s goal of for the average PCI on local roads to be a rating of 75. As of December 2021, the City’s PCI rating is 72. 59 of the City’s 87 street segments have been resurfaced since Fiscal Year 2017-2018.
H-3.3
• The City will encourage energy
conservation practices for new and
existing residential dwelling units by
enforcing State and local regulations and
encouraging incentives for energy
conservation "best practices." Suggested
actions include:*continue to offer
streamlining and fee waivers for solar
panel installations,*continue the "Build It
Green" program and checklists,*provide
information regarding rebate programs and
energy audits available through PG&E,
and*provide resource materials regarding
green building and conservation programs.
Ongoing
The City has adopted and enforces the California Green Building Code. The City on an ongoing basis provides resource material on green building and conservation programs though the Planning and Building Departments.
In December of 2022 the City adopted the new Residential Building Code with a local amendment requiring the following for new construction:
• In the project includes a new garage, provide one Level 2 EV-Ready receptacle and associated infrastructure at each enclosed garage parking space, with a maximum of two, and one outside of the garage.
• All indoor appliances, with the exception of cooking appliances, be electric. Outdoor appliances can be electrical or gas-fueled.
• Provide an automatic hot water recirculating system
H-4.1
•The City will support special need
households (including physically and
developmentally disabled) in securing
affordable and appropriate housing. The
City will:
* promote the use of Second Units as an
opportunity to provide affordable housing
for special needs individuals, such as
seniors (and their caregivers) and disabled
family members,
* continue to allow transitional housing,
supportive housing and residential care
facilities, including group homes for six or
less persons, as a use by right in all R-1
neighborhoods,
* annually contact nonprofit housing
sponsors to coordinate and implement a
strategy for developing or making housing
available for lower and moderate income
households, including special needs
households, and
* as specified in Program H-2.6, the City
will amend the Municipal Code to allow
supportive housing, transitional housing
and residential care facilities in the RM
zone
Ongoing
The City continues on an ongoing basis to promote the use of Accessory Dwelling Units (second units) to potential applicants. The City continues to allow transitional housing, supportive housing and residential care facilities in the R-1 zoning districts. Modification to the Municipal Code to allow transitional housing, supportive housing and residential care facilities in the RM zoning district was completed in July 2016.
The City continues to coordinate and participate with the Santa Clara County Housing Authority to seek opportunities for affordable housing within Monte Sereno. However, there has been no interest from developers to construct such projects in Monte Sereno.
As ADU construction has been the most successful way Monte Sereno has seen new housing units constructed, focus was placed on further encouraging and incentivizing ADU construction as noted in Program H-2.1 above.
H-4.2
Working with other local organizations and
agencies, the City will work to develop a
plan to meet the changing needs of
seniors. As Monte Serena's population
ages, issues such as "aging in place" and
better utilization of existing housing
become paramount. The City can take a
lead role in thoughtfully addressing these
important issues while developing some
potentially innovative housing.
Ongoing
The City of Monte Sereno is partnering with Santa Clara County Department of Aging and Adult Services to become part of the World Health Organization's Global Network of Age-Friendly Cities & Communities.
Construction of ADUs and interest in ADUs has come from many senior members of the community who would like to continue living on their property but can no longer afford or maintain their main house. The construction of ADUs provide an opportunity for senior members of the community to remain in the community and on their property while down-sizing.
Further, the ADU program has allowed other property owners to provide a place for their aging parents to live nearby, but still allowing for some level of independence.
As ADU construction has been the most successful way Monte Sereno has seen new housing units constructed, focus was placed on further encouraging and incentivizing ADU construction as noted in Program H-2.1 above.
H-4.3
The City will review existing procedures
and identify revisions to the City's
procedures in order to expedite the
development review process, especially for
special needs housing and affordable
housing for lower and moderate income
households.
Ongoing
The City implemented a Permit Tracking system for the Building Permit process in July of 2020. The system enables the electronic tracking of the Building Permit process including multi-departmental review and scheduling of inspections. The system streamlines the review of permits and dissemination of comments to the applicants from the various departments' review of the permit.
Additionally, the City added an electronic Planning permit tracking system which tracks the status of all Planning applications, pending reviews, and items scheduled for public hearing. This streamlines the application tracking for staff by providing automated project status and reporting.
H-5.1
The City will continue to implement its
"Reasonable Accommodations"
procedures as contained in the Municipal
Code.
Ongoing
The City continues to implement its Reasonable Accommodation procedure. During the 2022 calendar year the City did not receive any requests for Reasonable Accommodation.
H-5.2
The City will provide written information on
fair housing laws and resources at the
Planning Department counter as well as on
the City's website. Further, the City will
promote the use of Project Sentinel, a
HUD approved housing counseling agency
in Santa Clara County as a resource for
fair housing information and advisory
services. The City will work with other
organizations to-promptly address
complaint of discrimination in the sale, rent
and development of housing in Monte
Sereno.
Ongoing
Written information on Fair Housing is available at the planning front counter and City's website. The City will continue to promote Project Sentinel as a resource for fair housing information and advisory services. The City has received no complaints of discrimination in calendar year 2022.
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020 Page 60 of 137
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 Page 61 of 137
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
Jurisdiction Monte Sereno
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Monte Sereno Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Santa Clara County jurisdictions, please format the APN's as follows:999-99-999
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date Notes
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020 Page 65 of 137
Jurisdiction Monte Sereno ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020 Page 66 of 137
Jurisdiction Monte Sereno
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 5
9 26
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 5 8 14
2 to 4 0 0 0
5+ 0 0 0
ADU 1 18 7
MH 0 0 0
Total 6 26 21
8 8
8 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Jurisdiction Monte Sereno
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Develop Goals, Policies, and
Programs $13,414.00 $13,414.00 None
Upadte City's Population and
Housing Data $12,289.00 $12,289.00 None
Site Selection and Strategy
Identification $11,505.00 $11,505.00 None
Public Outreach and Workshops $22,772.00 $22,772.00 None CEQA Analysis $3,250.00 $3,250.00 None
Finalize Documents and Submit to
HCD $1,770.00 $1,770.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
6 6
Current Year
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 5
9 26
Current Year
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 0
14 21
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
Completed
Completed
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Using ADUs to Satisfy RHNA
Technical Memo
Background
Jurisdictions are allowed to use ADUs to help satisfy their RHNA requirements; however, the process is somewhat different than other aspects of the sites inventory. The standard method is to estimate the number of ADUs that will be developed in the planning period, then distribute those estimated units into each of the income categories.
Estimating Production
The estimate should be based on the average number of ADU building permits issued each year, multiplied by eight (because there are eight years in a housing element cycle). Most cities base their determination of annual ADU permits by averaging the building permits approved each year since 2019, when state law made it easier to construct the units.
There is a small amount of flexibility in the calculations. If numbers were low in 2019 but were high in 2020, 2021, and 2022, a jurisdiction could potentially use 2020-2022 as the baseline. This rationale would be bolstered if there was a logical explanation for the change, e.g., the jurisdiction further loosened regulations in 2020.
Projecting a higher number of ADUs than what has been demonstrated through permit approvals in recent years may be possible, but more challenging. A slightly larger number may be warranted if a robust, funded, and clear plan to increase production has been put in place. However, you are strongly encouraged to coordinate with HCD before deviating from the standard methodology.
ADU sites are not listed in the site inventory, rather they are summarized and tallied in their own subsection.
Determining the Income Distribution
ABAG conducted an analysis of ADU affordability and concluded that in most jurisdictions, the following assumptions are generally applicable. Many jurisdictions are choosing to use these numbers in lieu of conducting their own affordability analysis.
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Table 1. Percent of ADUs Affordable to Different Income Categories Percent Income Category
30% Very low income
30% Low income
30% Moderate income
10% Above moderate
Please contact your County Collaborative Technical Assistance Provider for more information on affordability. A few key points are summarized below:
• Use building permits issued for the estimate.
• Jurisdictions do not need to list the addresses for potential ADUs. • Make sure the assumptions in your Housing Element match the numbers reported in past year APRs.
Please visit the ABAG Housing Technical Assistance page for more information, including a webinar that covers this topic.
Sample Housing Element Write Up
The following is what a jurisdiction might include in their sites inventory section of the housing element.
Since City amended its ordinance in 2019, the number of ADUs permitted has significantly increased.
City’s ordinance goes beyond state law and allows 1,200 square foot ADUs. Additionally, the City website has an entire section devoted to ADUs with clear information about the standards and approval process. On average, the building department provides comments to completed ADU applications in 10 days.
Since 2019, the City has issued an average of 12.75 ADU permits per year, as listed below.
Year Building Permits
2017 2
2018 1
2019 10
2020 15
2021 10
2022 16 (estimate based on first 6 months)
Association of Bay Area Governments | Bay Area Metro Center | 375 Beale Street, Suite 700 | San Francisco, CA 94105 | abag.ca.gov Based on the annual average of 12.75 ADU permits per year since 2019, the City is projecting 102 ADUs being permitted over the eight year planning period and is using ABAG’s survey data to distribute the projected units by income category:
Income Category Percentages Totals
Very low 30% 30
Low 30% 31
Moderate 30% 31
Above moderate 10% 10
Based on these calculations, the City is able to meet approximately 1/7 of its RHNA through ADUs, and must accommodate another 598 units on the sites detailed in the sites inventory. See table below for a summary:
V Low Low Mod Above Mod Total
RHNA 200 200 100 200 700
Pipeline / Approved Units 0 0 0 0 0
ADUs 30 31 31 10 102
Remaining RHNA 170 169 69 190 598
ADUs and Level of Scrutiny of Other Sites in Housing Elements Cities that are heavily dependent on redevelopment sites (or technically nonvacant sites) face more scrutiny in their lower income sites inventory. ADUs can help some cities avoid this additional scrutiny/analysis. To simplify: if greater than 50 percent of the lower income RHNA can be satisfied by vacant sites, under construction (pipeline) projects, and projected ADUs, cities can avoid the higher standard.
For example: If the lower income RHNA is 100 and there are ten units under construction and sites for ten vacant units, a jurisdiction can avoid the heightened scrutiny if ADU projections are at least 31 units for the housing element period. (Half of 100 is 50. 10 under construction plus 10 vacant plus 31 ADUs is 51, or greater than 50.)
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Execute a Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program and to Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the City
Recommendation(s):
Staff recommends the City Council take the following actions:
1. Authorize the City Manager to execute a Fourth Amendment to Agreement providing for the implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program.
2. Appoint the West Valley Clean Water Authority Executive Director as the Program Representative for the City.
Background Information:
In 1999, the City entered into a Memorandum of Agreement (MOA) to participate in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). A first amendment to the agreement was executed in 2005, a second amendment in 2006, and a third amendment in 2016 authorizing the continuation of SCVURPPP, each without changing the original terms.
The SCVURPPP is an association of 15 agencies in Santa Clara County (13 local cities and Towns, County of Santa Clara, and Santa Clara Valley Water) that share a common National Pollutant Discharge Elimination System (NPDES) permit to discharge stormwater to the San Francisco Bay. SCVURPPP assists its member agencies to comply with California Regional Water Board issued permit which is required for discharges of stormwater under the federal Clean Water Act.
This work includes coordination of efforts and leveraging of resources among the SCVURPPP’s participants, community outreach, water quality monitoring, research and development, collaboration with other stormwater programs, and in reporting to the Regional Water Board as required.
The Regional Water Quality Control Board adopted the first NPDES permit in 2009 known as the Municipal Regional Permit (MRP) and it is shared by 79 public agencies. Bay Area
municipalities were issued a new MRP (2.0) in 2016, and a third (MRP 3.0) that went into effect July 1, 2022. MRP 3.0 includes many of the requirements that were included in previous MRPs, and contains several new requirements designed to further address high priority water quality issues in Bay Area receiving waters. SCVURPPP continues to assist its member agencies to comply with many aspects of MRP compliance.
In February 2018, the City and neighboring cities of Campbell and Saratoga, and the Town of Los Gatos formed the West Valley Clean Water Authority, a Joint Powers Authority (JPA), to coordinate stormwater pollution abatement, control and management efforts and other activities to develop tools and information to assist public and private entities in complying with stormwater NPDES permits and improving surface water quality in California. The jurisdiction of the JPA includes participation in SCVURPPP on behalf of the member agencies. The Executive Director of the JPA has been acting as the Program Representative for the City and participating in the SCVURPPP Management Committee since the JPA was established in 2018.
Analysis:
The current term of the MOA governing the SCVURPPP is set to expire on June 30, 2023. On January 19, 2023, SCVURPPP’s Management Committee, on which the City participates, unanimously voted to refer the fourth amendment of SCVURPPP’s MOA to each governing body for consideration. The 4th Amendment to the Agreement will extend the original terms of the MOA to June 30, 2027. All 15 participants must approve and execute the amendment within 90 days to maintain the SCVURPPP.
Even though the Executive Director of the JPA has already been representing the City in SCVURPPP, staff recommends that the City Council formally designate the Executive Director of the JPA as the City’s Program and Voting representative on SCVURPPP.
California Environmental Quality Act:
This is not a project defined under CEQA, and no further action is required.
Fiscal Impact:
As with all prior amendments, no change is proposed relative to the funding allocation for the SCVURPPP, which was negotiated among the participating local governments at the time of its formation. The cost-sharing allocation set forth in the MOA allocates 30.2% to Valley Water,
30.1% to the City of San Jose, and the remainder to the remaining 13 other municipalities that participate in the SCVURPPP in a manner roughly proportionate to community size and runoff from respective jurisdictions. The City’s proportionate share of the program costs is 0.14% or $7,922.00 per year to provide funding for and performance of the countywide collaborative stormwater pollution prevention activities. The City’s 2022-2023 share was $7,270.00 and 2021-2022 was $6,911. The City’s annual share above is paid to the West Valley Clean Water Authority who in turn pays SCVURPPP for the West Valley Cities.
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:
1. Fourth Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
Attachment 1
FOURTH AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the “Amendment”) is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (“District”); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as “Parties” or individually as “Party.”
RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Agreement” or “MOA”) pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Program”), including a cost sharing allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement as amended. A copy of the Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the Agreement inclusive of all of its previous amendments is available via the internet at https://scvurppp.org/wpcontent/uploads/2019/10/MOA_2016_complete_package_DEC_2016.pdf); B. The Agreement originally provided for a five-year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement, which extended the term of the Agreement by one additional year;
2 C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement, which extended the term of the amended Agreement by “one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” The next NPDES permit applicable to the Parties (and others) was subsequently adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (“RWQCB SFBR”) on October 14, 2009 and was known as the Municipal Regional Permit (“MRP”) because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 2015 (“MRP 2.0”). MRP 2.0 became effective on January 1, 2016 and was originally scheduled to terminate on December 31, 2020; D. The Parties thereafter unanimously entered into a Third Amendment to the Agreement, which once again extended the term of the amended Agreement by “one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties, including any administrative extension of the next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” MRP 2.0 was then administratively extended, largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on May 11, 2022 (“MRP 3.0”). MRP 3.0 became effective on July 1, 2022 and is currently scheduled to terminate on June 30, 2027 unless administratively extended; E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 3.0 (including with respect to an administrative appeal of its adoption that the State Water Resources Control Board is considering to pursue on its own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0 nears the end of its anticipated five-year term and any administrative extension provided thereto;
F. The Parties also expect to continue to utilize the Program’s preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus-based resolutions appear or become elusive; G. The Parties now desire to update the Agreement as previously amended and further extend the term of the MOA as set forth below; H. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and
3 I. The Program’s Management Committee accepted this Amendment for referral to the Parties’ Councils and/or Boards at its meeting on January 19, 2023.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections:
6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES Permit CAS612008); adopted October 14, 2009 and amended by the RWQCB SFBR on November 28, 2011;
7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on November 19, 2015;
8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on May 11, 2022.
2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 3.0; such termination date shall, however, be deemed to include any administrative extension of MRP 3.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 3.0
termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Fourth Amendment of the Agreement shall supplement all prior amendments of the Agreement and supersede any conflicting provisions of the prior amendments of the Agreement.
[remainder of page intentionally blank]
4 IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective as of the last date indicated below or April 19, 2023, whichever arises earlier.
City of ____________________: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Acceptance of the California Automated Permit Processing (CalAPP) Program Grant
Recommendation(s):
Staff recommends the City Council adopt a resolution authorizing the City Manager to accept the California Automated Permit Processing (CalAPP) Program Grant in the Amount of $40,000.
Background Information:
In the Budget Act of 2021, Governor Gavin Newsom allocated $20 million for California cities and counties to establish online solar permitting. With this funding the California Energy Commission established the California Automated Permit Processing Program (CalAPP). CalAPP provides one-time grant funding for cities and counties to establish a completely online permitting process for solar permitting that allows an applicant to submit, pay, and receive a building permit online without any delay.
The CalAPP provides direct grants with no required local matching funds. Funds are awarded based on the population of the jurisdiction; Monte Sereno qualifies for $40,000.
Senate Bill 379 was signed by Governor Gavin Newsom in 2022 and requires most cities and counties in California to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for residential solar energy systems. Cities with a population of fewer than 5,000 are exempt; therefore, Monte Sereno is not mandated to provide this service. However, with the financial assistance of the CalAPP grant, we will be able to offer this service, which will save time for customers are they currently need to make a minimum of two visits to City Hall in order to receive a solar permit. Such an online program will also reduce the staff time needed to review and process these permits as the online system will be fully automated.
Analysis:
The City of Monte Sereno implemented online building permit in January 2023 for electrical panel replacements, furnace replacements, re-roof projects, and water heater replacements. These types of projects are referred to as minor building permits which are projects that do not required plans to be submitted. The online permits, along with the other online building permit services of viewing plan review comments and scheduling building inspections, are available at epermits.montesereno.org/.
Permit application for solar permits, photovoltaic systems and solar hot water systems, currently require plans to be submitted for review before the building permit can be issued. Changes to the current online building permit program will need to be made to allow for the solar permitting. The CalAPP grant funds will be used to design the new online permitting process and for the programming of the system.
Fiscal Impact:
No additional city funds are needed for the development of the online solar permitting as the $40,000 grant funding will cover the costs. Once the online program is complete, by the end of 2023, staff will submit for reimbursement to the State for the actual costs incurred.
Public Noticing:
The City Council agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
1. Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO
AUTHORIZING ACCEPTANCE OF THE CALIFORNIA AUTOMATED PERMIT PROCESSING
PROGRAM GRANT
WHEREAS, the State of California Energy Commission has issued Grant Funding Opportunity GFO_21-402 dated June 1, 2022 for the California Automated Permit Processing Program (CalAPP); and
WHEREAS, the City Council of the City of Monte Sereno desires to accept CalAPP funds to establish online, automated solar permitting; and WHEREAS, The Commission is authorized to provide up to $20 million under the CalAPP grant program from the general fund as authorized by the Budget Act of 2021 (Senate Bill 129).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monte Sereno, as follows:
SECTION 1. The City Council hereby authorizes and directs the acceptance the CalAPP grant funds in the amount of $40,000.
SECTION 2. The City Manager is authorized to enter into, execute, and deliver a Grant Agreement for the amount of $40,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the CalAPP grant, the City’s obligations related thereto, and all amendments thereto.
SECTION 3. The City shall be subject to the terms and conditions as specified in the Grant Agreement. Funds are to be used for allowable expenditures as specifically identified in the Grant Agreement. The application in full is incorporated as part of the Grant Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Grant Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the Grant Agreement.
SECTION 4. The City Manager is authorized to execute the Grant Agreement on behalf of the City as required by the Commission for receipt of the CalAPP Grant.
REGULARLY PASSED AND ADOPTED this 7th day of March, 202023 by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
SVCE Grant Application 11-04-22
SILICON VALLEY CLEAN ENERGY
DECARBONIZATION GRANT PROGRAM AGREEMENT
THIS AGREEMENT is made and effective as of 7th day of March 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and The City of Monte Sereno, a municipal corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
A. SVCE’s decarbonization grant program (“Program”) will provide over $1.5M in grants to member jurisdictions, public agencies, and community groups to plan and develop decarbonization demonstration and engagement projects.
B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration or engagement project (“Project”). The scope and estimated budget for the Project are included in Exhibit A.
C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.
2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $500,000 subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.
3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:
A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.
B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; and 2) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement. Payment requests should be aggregated and submitted no more often than once per month.
C. SVCE shall process requests for payment and remit payment within 30 days.
D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the
SVCE Grant Application 11-04-22
Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.
E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.
F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.
4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. While any substantive deviation during Project implementation may require reevaluation or result in loss of funding, both Recipient and SVCE acknowledge that minor deviations in the planned Project are likely to occur and do not require review by SVCE so long as the Project and its implementation are generally consistent with the Project envisioned in Exhibit A. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.
5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2024.
6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program. Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data on-site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.
7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such
SVCE Grant Application 11-04-22
ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.
8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.
9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.
10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.
11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:
SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: _______________
RECIPIENT: City of Monte Sereno
18041 Saratoga – Los Gatos Road
Monte Sereno, CA 95030
Attention: City Manager____
12. INDEPENDENT CONTRACTOR.
A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or
SVCE Grant Application 11-04-22
agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.
B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.
13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.
14. INSURANCE.
A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.
B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through selfinsurance.
D. The insurance limits required by SVCE are not represented as being sufficient to protect Recipient. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.
15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed,
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SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.
16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.
17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.
19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.
21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.
24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.
25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement
SVCE Grant Application 11-04-22
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
26. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information.
Recipient will coordinate in good faith with SVCE on follow-up activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project. Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed-upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
SILICON VALLEY CLEAN ENERGY AUTHORITY
_____________________________________
Girish Balachandran, Chief Executive Officer
APPROVED AS TO FORM:
________________________________
Trisha Ortiz, General Counsel
CITY OF MONTE SERENO
By: _____________________________
Name: Steve Leonardis
Title: City Manager
By: _____________________________
Name: Sergio Rudin
Title: City Attorney
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]
SVCE Grant Application 11-04-22
EXHIBIT A
[attach Application]
SVCE Grant Application 11-04-22
Grant Application
City of Monte Sereno
18041 Saratoga Los Gatos Road
City Manager Steve Leonardis
408-354-7635
[email protected]
Monte Sereno Community Center
Electrification – Demonstration and Education
26. Overview
The City of Monte Sereno respectfully applies for a grant of $500,000 from Silicon Valley Clean Energy (SVCE) to remodel our vacant and existing former Post Office to a Community Center that will be a regional demonstration and educational facility to accelerate the move to electrify building components. This demonstration and education facility is focused on single family residential buildings in SVCE’s service territory that is easy to relate to and easy to visit.
Since launching its service in 2017, SVCE is well on its way in 2023 to decarbonize electricity – with decarbonization of electricity, the next step is to replace natural gas in buildings and accelerate the switch from gasoline to electricity for light duty vehicles.
Monte Sereno’s Community Center is designed to accelerate this next step – showing how to electrify a building, address resistance to change, and answer questions. In order to understand and embrace change, people need to directly experience it: see it, touch it, feel it and hear it.
The remodeled building will be small – only 947 sq. ft. – but the electrification components will be sized for a 1,500 sq. ft. townhouse to a 3,000 sq. ft. single family home. Although described as a “community center” the building will, essentially, be a medium size Accessory Dwelling Unit (ADU). The size of the Community Center will allow it to be a model for the hundreds of ADUs that are expected to be built over the next few years as cities move forward with their plan to meet the State’s housing mandates, while highlighting the benefits of all electric components in regular homes.
The building will serve as Monte Sereno’s community response center to provide a safe place for emergency service responders during a severe earthquake, wildfire or other disaster. Accordingly, it will have a full kitchen, bathroom with shower, and great room – just like a small single family dwelling.
The Community Center’s close proximity to Highway 9 will serve residents so that, during rare emergency situations, they can use the building and parking area as a safe and secure location to charge their mobile devices and have internet access. It will be resilient to electric outages. In non- emergency times, the building will serve as a Community Center and its electrification and resiliency design and features will be used as a demonstration and education facility and showroom. See Electrification of Monte Sereno Community Center – Description.
Monte Sereno is committed to hosting as many visitors as possible to help them to switch from natural gas to electricity and plans to work with others to do so. See Outreach and Community Education.
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The Community Center is relatively small, so the estimated reduction in methane used by the actual building is low – however, the estimated reduction in methane resulting from educating and inspiring visitors to this centrally located facility to switch from natural gas to decarbonized electricity is huge. The
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goal of this demonstration and educational opportunity is to inspire visitors to change their built environment to stop using natural gas, which will translate to a reduction of methane. For example, replacing a gas water heater with an electric heat pump water heater can reduce a household's natural gas consumption by 49% each year. See Estimated Reduction in Methane Gas Consumption.
We welcome verification of statements made in this grant application as part of SVCE’s due diligence, including a site visit, reviewing education programs, participant profiles and conversion rates.
27. Electrification of Monte Sereno Community Center – Description The remodeled building will not have any natural gas service and will be 100% electric with onsite battery storage. The Community Center will be resilient to electricity outages without the need to rely on emergency natural gas or gasoline powered generators.
Also important to
environmentalsustainability is
the reduction of water
consumption. Pumping,
transporting, cleaning, and
ultimately delivering potable
water requires a tremendous
amount of energy so we have
incorporated low water usage
features. Further, water
conservation features will
draw more visitors to the
Community Center. See
Water Conservation Features
below.
The building is designed to easily show visitors the actual operating electrification components, as described below. This is in contrast to other exhibit situations: fully operating components often cannot be seen in showrooms, and non-operating components are periodically on display at large trade shows.
For example, in the Community Center, the heat pump water heater is accessible through an exterior door and visitors can hear the fan, pump and heat exchange unit, feel the cold air circulating, see the space requirements (height and clearance), see the condensation pipe, earthquake strapping, cold water supply pipes, and hot water output pipe and all fittings, and electric connections.
Providing working examples under real conditions will deepen the understanding of architects and designers, plumbers and electricians, building officials and plan check engineers, and consumers. The Community Center is designed for the electrification components to be seen by visitors so they can ask questions and find answers. Visitors will be encouraged to return for additional information.
The overall objective is to help drive the move to electrification.
A. Smart Electric Panel (SPAN)
In moving to an all-electric building, people need to know the economics of electricity and what the financial implications are regarding capital cost and ongoing operating costs. They seek information on when they consume electricity and how to manage their electricity usage during power outages.
A “smart” electric panel provides the foundation for visitors to understand electricity consumption and tradeoffs when a power outage occurs. Accordingly, the Community Center will have a SPAN electric panel
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inside the building that can be opened and seen by visitors. This new technology is operated by Apple iOS or Android apps that visitors can see and experiment with.
The information from the SPAN electric panel will help answer many of the questions that visitors have
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and address “what if” questions.
B. Induction Cooktop with Convection Oven
The kitchen is often the center of a home, and cooking is a passion for many. Cooking shows are extremely popular and chefs are often seen with their natural gas powered cooktops and ovens. Induction cooktops are new, improving each year, and dropping in price. Although many chefs are starting to embrace induction cooktops because they are now familiar with induction cooking, most people have never heard of induction cooktops and have not seen them in use.
During Monte Sereno’s public discussion and community outreach, almost all of our residents insisted on allowing natural gas to be used inside a dwelling for cooking purposes. They accepted running electric conductors so in the future natural gas could be easily converted to induction. In the Reach Codes that passed first reading on November 1, 2022, the only natural gas allowed inside a dwelling was for cooking purposes – natural gas water heaters, fireplaces and furnaces were prohibited in new construction.
Residents of Monte Sereno, as in other cities, are resistant to the idea of switching from gas to induction cooktops. However, experience has show that when people see for themselves how well modern induction cooking works, adoption rates are high.
The kitchen in the Community Center will include a high end induction cooktop and convection oven.
Having cooking demonstrations and cooking classes with induction will help introduce this new way of cooking to individuals that are currently passionate about cooking with natural gas. Visitors will be encouraged to try cooking on induction cooktops themselves.
Solar tubes will provide natural light in the kitchen (and shower), supplemented by LED lighting on occupancy and light sensors.
The cooking area will be a focal point in the Community Center, as the preparation of food is a natural way to attract attention.
C. Heat Pump Water Heater
Heat pump water heaters replace natural gas fired water heaters. Most people think of electric resistance water heaters, which use a huge amount of electricity. Natural gas fired water heaters are less costly than electric resistance water heaters to operate, especially in the summer when natural gas prices are lower than during the winter peak heating season. However, modern heat pump water heaters can now save residents money over time, especially with the rebates that are available.
Although SVCE offers incentives and grants to reduce the installed cost of heat pump water heaters, the adoption rate is slow. Many building officials, inspectors, plumbers and electricians are not familiar with heat pump water heaters, which is also a major factor in limiting their adoption. The Community Center will also provide an ideal location for training.
Providing an easily accessible space in the Community Center for visitors to see and hear an operating heat pump water heater and provide information on how they are cost-competitive and decrease a household’s methane emissions will help drive adoption of heat pump water heaters in SVCE’s territory.
As heat pump water heaters improve, older models can be replaced by new models in the same space.
D. Roof Top Solar Panels
There is ongoing controversy regarding the desirability of roof top solar (photovoltaic) panels at the single family dwelling level. Without taking a position on roof top solar panels, having power generation on site is critical for resiliency for the operations of public service sites during emergency situations.
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Importantly, photovoltaic panels help visitors understand the supply of electricity even if provided by utility grade solar farms hundreds of miles away.
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E. Stationary Battery Storage
Onsite stationary storage is critical for resiliency during power outages. Many people have never seen the current generation of batteries (e.g., Tesla PowerWalls) and how such batteries can replace gasoline or natural gas generators. Of course, the ability to manage circuits for critical and non-critical loads during a power outage is necessary for resiliency and the storage capacity of the batteries.
F. Heat Pump HVAC
Heat pumps are much more energy efficient than resistance heating and condenser units with cooling coils.
Integrated heat pumps that cool in the summer and heat in the winter are not understood by many and moving to energy efficient units that replace natural gas fired furnaces will eliminate combustion inside a home. The components of the heat pump HVAC system will be easily visible to visitors so they can assess and evaluate heat pump HVAC to replace an existing system or for new construction.
G. Linked EV Chargers
With residents having multiple electric vehicles and only one circuit available for an electric vehicle (EV) charger, it is inconvenient to charge more than one EV during low rate times (e.g., midnight to 6:00 am).
New EV charger technology allows multiple EV chargers to be connected to the same electric circuit and enable the software to limit the number of EV chargers in operation to the circuit capacity. Allowing more EVs to charge overnight without having to switch the plugs is a feature that is desirable to many people and this demonstration will help encourage more people switch from gasoline to electric vehicles. This is a great opportunity to demonstrate new EV chargers.
28. Water Conservation Features
Similar to electrification components and features in the Community Center, water conservation components will be available for visitors to see. We are working on the design with Valley Water.
The landscaping will be 100% native and drought tolerant, with vegetation from the Santa Cruz Mountains and, in particular, El Sereno. All existing turf will be removed. There will be some irrigation required, which will be managed through separate drip zones by a Wi-Fi and app-based Rachio controller. The controller will be featured inside the Community Center.
All rainwater will be captured from the roof and stored in a cistern on site. This landscaping water will be supplemented with a working grey water system that will capture and retain water from the shower and two bathroom sinks for landscaping.
One water conservation component that will use electricity is the hot water recirculation pump. This pump will be located beside the heat pump water heater and will operate to provide hot water at all sinks and the shower. The recirculation pump will be occupancy- and motion-activated and on a timer.
We expect to generate significant visitor traffic to view the water conservation features.
29. Connecting Residential Buyers to All Electric Products Residential consumers buy products for multiple reasons. Buying expensive (big ticket) items that require professional installation and building permits generally have a lengthy and complex purchase process with significant information gathered and third parties (influencers and advisors) involved.
As with most items, product awareness is the first step and a major hurdle. The world is dynamic new products introduced to fill needs created by changing circumstances. The importance of decarbonizing
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electricity was only understood a few years ago – and is not accepted by a significant portion of our society today – and it has taken time to bring carbon-free electricity to businesses and consumers.
The Community Center will create awareness simply through having visitors to the facility – many will attend an event and only when in the building will they learn of the electrification and water saving features of the building out of curiosity, for enjoyment, and to learn about the benefits of available and
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affordable technology for addressing climate change.
A. Reducing Risk through Education
Buying electrification products for a home is an exercise to reduce risks – what if the product doesn’t work? What if it breaks? What happens when the power goes off? What does it sound like when it operates? Do I need a contractor? Where do I find a contractor? Do I need a plumber or an electrician, or both? Do I need a permit? What is the cost of a permit? Who gets the permit? Does it have to be inspected? Do I need new breakers in my electric panel? Does PG&E need to know about this? Are there rebates? Will my electric bill go up? Will it fit in my existing space? How long does it take to install? What happens when I move or sell my house? Can I buy it at the Home Depot/Lowes/Amazon? The education requirements are significant. A major problem with most home improvement components is the space required for a showroom – large items that need a permit to be installed by electricians and plumbers are difficult to have in a showroom.
The Community Center will function both as an education facility and showroom.
B. Children Often Influence Awareness
Parents value their children and often help with their education and learning. Many parents promote curiosity and children seek to influence their parents. Although the Community Center will host events for children and youth in the Monte Sereno community, as a demonstration and education facility youth commissions from all of SVCE’s member agencies will be invited to hold a meeting in the Community Center. Valley Water has a youth commission and they will be invited to hold at least one meeting a year in the Community Center. Youth commissions change, which is an ongoing stream of visitors.
We will welcome social media postings by youth and will encourage them to share their experience, including likes and dislikes, with our Community Center.
C. Fully Functional Showroom
The Community Center will be, effectively, a fully functional showroom although it will only have one type of each product or component in use and available to see.
At 947 sq. ft. with a kitchen, bathroom and shower, and great room, the Community Center is similar to a single family home, townhouse or ADU. It will include a commercial dishwasher and, importantly, a high end induction cooktop with a convection oven. All the products will be functional and in use.
With photos of the construction and installation, this showroom will go beyond capturing a buyer’s imagination – the Community Center will make it real.
30. Outreach and Community Education
Our Community Center is on Highway 9, between Los Gatos and Saratoga, adjacent to Monte Sereno’s City Hall. The capacity of the Community Center is 41 people and there are 26 parking spaces; it will be ADA compliant. Public transit is relatively close (VTA bus route 27).
As a public building, it will be available at least five days a week during office hours and groups will be able to reserve space in it for functions and events on weekends and outside of working hours.
Our Community Center will host visitors for various events throughout the year. Some events will focus on electrification (direct outreach and education) and water conservation (direct outreach and education) while other events will be community-based with visitors who use the site primarily for other reasons but who will also experience the electrical features of the building (indirect).
City of Monte Sereno Grant Application Page 9
SVCE Grant Application 11-04-22
There is a significant “cross selling” opportunity with visitors interested in energy saving and electrification features who then see the water conservation features. The flip side is visitor traffic seeking water conservation features that see energy saving and electrification features. The drought and significant water surcharges have dramatically increased consumer interest in water conservation.
City of Monte Sereno Grant Application Page 10
SVCE Grant Application 11-04-22
A. Signage and Interpretive Information
Each electrification feature (and water conservation feature) will be labeled and have a QR code. The dedicated web site (see Web Site Initial Develop and Ongoing Updates) will be launched through the QR codes and contain installation information and photos, relevant Monte Sereno building permit instructions, product websites and product availability information. This will allow all visitors to educate themselves and satisfy their curiosity. Once they leave the facility, they will be able to refer back to the website to follow up or obtain additional information as their time permits.
Certain products and components have Apple iOS and Android apps – specifically, the Rheem heat pump water heater, SPAN electric panel and Racchio irrigation controller are controlled and operated through apps. An Apple iPad will be mounted so visitors can try the apps and see (and verify for themselves) the functionality.
The City will “open source” the knowledge and information generated through the Community Center and allow photos, YouTube videos and help with case studies for suppliers. Students taking environmental sustainability courses will find the Community Center valuable in understanding their studies.
B. Educating Visitors on Natural Gas and Methane
Through preparing this grant application, we had to estimate the reduction in methane anticipated to result from our project. This was not easy nor straight forward. To estimate the reduction in methane, we contacted a number of experts and could not find solid data upon which to base our estimates. However, we learned the dangers of methane to the environment and the adverse impact on climate change.
We pledge to increase visitors’ awareness, knowledge and understanding of methane.
C. Expanding Outreach through Partnerships and Synergies Monte Sereno will seek relationships with other entities with education, training and marketing.
SVCE is welcome to hold and host events at the Community Center. This is an opportunity for SVCE to launch and drive programs that will require targeted education for specific audiences. For example, influencers, regulatory and installation service providers include architects and designers, building officials, permit technician and building inspectors, and trade personnel may need periodic training that SVCE can facilitate through the Community Center. SVCE may host other CCAs to tour the Community Center and learn about designing a facility that will help their customers in their local markets.
Sonoma Clean Power created their Advanced Energy Center in downtown Santa Rosa. The Director, Chad Aslay, coordinated a site visit and tour in Santa Rosa for Monte Sereno’s Bryan Mekechuk in April 2022.
Many of the leading practices and learnings from the Advanced Energy Center are used in designing our Community Center.
We will partner with Acterra: Action for a Healthy Planet, a well-known and respected local CBO with much expertise in organizing and facilitating meetings and events, to host events in our Community Center. Acterra serves the 9 counties of the Bay Area, including the whole SVCE service territory, and often draws large audiences across the region to in-person events. While Acterra is located in Palo Alto, access to our Community Center will broaden their footprint into the West Valley. Acterra will help generate visitor traffic to events in our Community Center.
We will investigate obtaining visitor referrals (and possible partnerships and alliances) with BayREN and the City of San Jose. The City of San Jose has a Climate Smart team that is interested in helping to generate visitor traffic to our Community Center so their residents can better understand heat pump water heaters and heat pump HVAC units.
City of Monte Sereno Grant Application Page 11
SVCE Grant Application 11-04-22
D. Community Television KCAT Committed to Coverage
If SVCE awards a grant for the Community Center, our local community television station, KCAT, has committed to producing a series on the construction, electrification features and elimination of natural
City of Monte Sereno Grant Application Page 12
SVCE Grant Application 11-04-22
gas (and methane). KCAT’s shows are available via YouTube.
E. Potential Wholesale and Retail Partners
In Santa Clara County, the largest use of potable water is for landscape irrigation. Hence, this is the largest opportunity to reduce consumption. Making a structural change in landscape irrigation requires investment in replacing existing landscaping and/or irrigation equipment and components.
Ewing Irrigation & Landscape Supply is the largest family-owned supplier of landscape and irrigation products in the U.S. and has several local branches that serve both wholesale and retail customers. Ewing offers its wholesale customers training courses, generally linked to the products they offer. Monte Sereno intends to partner with companies, such as Ewing, to help residents reduce their use water.
F. Publicity and Earned Media
The Community Center will yield natural, desirable opportunities for positive news coverage, and we follow up on publicity and earned media.
We will host a grand opening event with all SVCE’s directors present for a ribbon cutting ceremony.
Television and news media will be invited with pre-event information and backgrounders.
Once open and operating, educational events will create opportunities for coverage at the local, state and perhaps national level. California leads the U.S. with clean electricity and the Community Center brings electrification as a viable option without any sacrifices or tradeoffs. As a public facility, privacy is not an issue and Monte Sereno is committed to “open source” its knowledge, findings and experience.
G. Social Media
We expect to see our electrification components on Pinterest and have a presence on Instagram. We will piggyback on social media presence by our partners, including Los Gatos/Monte Sereno Police.
31. Estimated Reduction in Methane Gas Consumption
Natural gas as delivered by PG&E contains anywhere from 70–90% methane. Based on information published by the Yale Program on Climate Change Communication, a study found that the term “natural gas” evokes much more positive feelings than do any of the three methane terms. Conversely, the terms “methane” and “methane gas” evoke much more negative feelings than does “natural gas.” For estimation purposes, we will consider natural gas and then translate that into methane at 80%.
Most do not understand the total fugitive (leaked) natural gas from the well head, through gas extracting, processing and cleaning, transmission and then distribution to a gas meter. Unfortunately, fugitive natural gas (with 70-90% methane) in SVCE’s service territory will only be stopped as distribution pipelines are eliminated and fewer meters are installed. The calculations do not consider fugitive natural gas.
Monte Sereno’s Community Center is physically small so the estimated reduction in methane used by the actual building is low; however, the estimated reduction in methane resulting from visitors switching from natural gas to decarbonized electricity is huge. The leverage of the Community Center is to educate and demonstrate how to reduce methane consumption when visitors electrify and stop using natural gas.
According to SVCE’s literature available on its web site, home emissions are as follows:
Water heater 49%
Space heating 37%
Gas stove 7%
Pools, spas, misc. 4%
City of Monte Sereno Grant Application Page 13
SVCE Grant Application 11-04-22
Clothes dryer 3%
As explained earlier, many people insist on using gas stoves for cooking and eliminating natural gas to a household depends, currently, on the adoption of induction cooktops and convection ovens. The single
City of Monte Sereno Grant Application Page 14
SVCE Grant Application 11-04-22
biggest reduction in emissions will be from replacing natural gas fired water heaters and space heaters.
Monte Sereno will make our Community Center available to audiences across SVCE’s territory by attracting visitors through multiple channels. Our success will be measured in the number of visitors and then, ultimately, in the reduction of natural gas (containing methane) through electrification.
As mentioned previously, we expect to host visitors through direct outreach that are interested in electrification. These visitors will have a higher conversion rate to, ultimately, installation of electrification components for their home than visitors that are not attending events regarding electrification.
Importantly, however, we will generate awareness when they see the electrification signage. The cross selling opportunity described earlier for visitors seeking information on water conservation and native drought tolerant landscaping will have a lower conversion rate than visitors for electrification events but a much higher conversion rate than general visitors.
The following table shows the visitor purpose, number of person visits, the time spent by each visitor, the conversion rate (or purchase rate), resulting in purchases of electrification items.
These variables identify the leverage points to actual purchases. To the extent rebates are used, purchases can be identified with some accuracy. Increasing the person visits and increasing the conversion rates will, generally, increase the number of purchases. To be fair, the pre visit purchase intentions should be compared to the post visit purchase rate.
Visitor Purpose Person Visits Visitor Hours Conversion Rate Purchases Electrification 1,056 1,848 18% 190
Water Conservation 176 224 5% 53
Indirect 314 768 2.5% 26
Total 269
Based on the estimated purchase visits and other factors noted above, purchases of electrification equipment and the household equivalent of natural gas consumption is set forth below.
Units Natural Gas Household Equivalent
Heat pump water heaters 130 49% 64
Heat pump HVAC units 40 37% 15
Induction cooktops 80 7% 6
Clothes dryers 19 3% 1
Total 85
We estimate a reduction in natural gas consumption of 85 household equivalents per year. Over the next five years, we estimate that 425 household equivalents of natural gas will be eliminated by visitors to our Community Center that purchase electrification components for their homes.
If natural gas is 80% methane, natural gas usage per single family home is 196 cubic feet per day, then we estimate 13,000 cubic feet of methane will be reduced each year, resulting in a cumulative reduction of 65,000 cubic feet of methane in the next five years from visitors to our Community Center.
32. Project Budget
Monte Sereno’s budget to complete this project is $1 million; we are requesting a grant of 50% of the amount for this project to a maximum of $500,000. If the cost to complete is less than $1 million then the grant is reduced pro rata; if the cost to complete is more than budget then the grant request is $500,000.
Description SVCE Grant Funding Other Funding Total Cost
City of Monte Sereno Grant Application Page 15
SVCE Grant Application 11-04-22
Building – Total Cost $500,000 $500,000 $1,000,000
Monte Sereno will not include or allocate any internal costs for this project – only third party expenditures are included in the $1 million budget.
City of Monte Sereno Grant Application Page 16
SVCE Grant Application 11-04-22
Source of Other Funding Monetary In Kind Value Total Contribution Committed? Building – Total Cost $500,000 $100,000 $600,000 Yes
Only amounts expended after November 4, 2022 are included in the $1 million budget. Monte Sereno has spent over $50,000 in architectural and engineering plans, and solicited proposals (that were not accepted) in 2021 and 2022. We will share all detailed building plans, budgets and proposals with SVCE.
Operating costs for education programs are not included in the budget. All education programs requiring third party expenditures will be conducted on an incremental cost recovery basis. All fixed costs for education programs will be borne by Monte Sereno as a service to the community. We expect docents and most education instructors will be volunteers from SVCE’s service territory.
33. Project Workplan and Timeline
Originally, the City planned to renovate the facility and retain as much of the original building as possible and do the minimum work required to make it ADA compliant and serve as a public building. We engaged an architect and designer to create plans for a building permit, conditional use permit and documents to solicit construction bids.
City Council rejected the three
bids we initially received in
2021 and we worked with the
architect to renovate the
building to have more
sustainable features that are
easy for visitors to see.
Having reviewed the plans
and considering new reach
codes and the changing world,
the City is refining those plans
to create a demonstration and
educational facility that will
be a foundation for a
community response center.
This is a project from the
ground up that provides an
opportunity to
build a model facility that will encourage future homes to use electric components.
To avoid possible supply chain problems and reduce the risk of delays, the City intends to order materials and components earlier than would otherwise be done.
We must solicit bids from independent and qualified contractors that pay a prevailing wage.
34. Monte Sereno Will Complete this Project
Monte Sereno was founded in 1957 and has operated successfully since then. Our full time employees include a City Manager, Finance Director, City Clerk, Planning Director, Building Inspector and Compliance Officer, and administrative staff. Monte Sereno contracts for police services from Los Gatos, and our building official, public works engineer and City Attorney are contracted from third parties.
City of Monte Sereno Grant Application Page 17
SVCE Grant Application 11-04-22
Monte Sereno is governed by a five-person elected City Council, five appointed Site & Architectural Commissioners, five appointed Better Streets Commissioners and up to fifteen appointed Youth Commissioners.
Monte Sereno’s elected officials serve on Silicon Valley Clean Energy, West Valley Sanitation District, West Valley Water Commission, West Valley Solid Waste Management Authority, West Valley Clean
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Water Authority, Silicon Valley Animal Control Authority, West Valley Mayors and Managers, Santa Clara County Library JPA, and Santa Clara Valley Water Commission.
Our operating budget is $5.0 million and our capital budget is $2.7 million. Our City Engineer will manage this project and our Finance Director will administer all expenditures and grant reimbursement requests.
Monte Sereno is proud to host an annual picnic for its residents and invites our service providers and partner organizations, including SVCE, to meet and interact with our residents each year.
35. Monte Sereno Committed Resources to SVCE Since SVCE’s Inception Since inception, Monte Sereno has supported SVCE’s objective of decarbonization of the grid and
electrification of the built environment.
Former Mayor Burton Craig was a founding Director of SVCE in 2017. Mayor Javed Ellahie has served as Director since 2018 and is on SVCE’s Executive Committee. Mayor Pro Tempore Bryan Mekechuk joined SVCE’s Customer Program Advisory Group in 2018 and became an Alternate Director in 2021. Currently, he serves as a member of SVCE’s Finance and Administration Committee and is Chair of the Audit Committee.
Monte Sereno enacted Reach Codes in 2020 and on November 1, 2022 passed a resolution to adopt expanded Reach Codes starting in 2023. The new Reach Codes require at least one EV charger circuit for each garage space to a maximum of two, with at least one exterior EV charger circuit. Natural gas is only allowed inside a building for cooking purposes – all space and water heating must be electric.
36. Attracting Diverse Visitors from Across SVCE Territory Monte Sereno will make our Community Center available to audiences from across SVCE’s territory by attracting visitors through multiple channels. Our success will be measured in the number of visitors and then, ultimately, in the reduction of methane through electrification.
Geographically, our Community Center is located on Highway 9 between Saratoga and Los Gatos. The Community Center is accessible from Palo Alto, Los Altos, Los Altos Hills, Mountain View, Sunnyvale and Cupertino via Highway 85, and Milpitas, Santa Clara and Campbell via Highway 17, and Santa Clara County, Gilroy and Morgan Hill via Highway 101 and Highway 85. Our parking lot can easily accommodate a bus and access is ADA compliant.
Important channels for visitors that will influence the demand for electrification are high school students, junior college students and trade school students. To attract socioeconomically diverse visitors who come from a broad geographic coverage, we will offer to host field trips from regional institutions that serve multiple jurisdictions as part of SVCE’s member agencies.
As a starting point, we will reach out to Santa Clara County’s Office of Diversity, Equity & Belonging to identify students that will benefit from learning about electrification and eliminating natural gas through visiting our Community Center. We will work with high schools with geographically diverse students, including Archbishop Mitty, Bellarmine College
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Prep, The Harker School, St. Francis and Valley Christian. Many of these schools offer environmental sustainability in their curriculum and may benefit from seeing our Community Center.
Trade schools for electricians, plumbers and HVAC are seeking operating examples where their students can experience concepts provided through classroom teaching. We will offer our Community Center to junior colleges that offer courses where field trips to operating buildings with electrification are sought.
Nearby junior colleges include West Valley College, Foothills College, Ohlone College, Gavilan College, San Jose Evergreen Community College, San Jose State and San Jose City College.
Inquiries for tours and education events requested through our web site will be most welcome in addition to the programs described above.
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Waiver of Second Reading and Adoption of Ordinance No. NS-233 an 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 waiver the second reading and adopt Ordinance No.
NS-233.
Public Noticing:
A legal advertisement for this item was published in the Los Gatos Weekly Time on February 10, 2023. 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 4873-2776-8645 v.1
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 17th day of January 2023, and was adopted at a regular meeting of the City Council on the 7th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Sergio Rudin, City Attorney
From: Stanley Watt
To: City Clerk
Subject: Request to submit documents for tonight"s City Council Meeting Date: Tuesday, March 7, 2023 10:58:27 AM
Attachments: Letters.pdf
Hi,
I'd like to submit the following as previous correspondences from residents regarding tonight's agenda item concerning:
Waiver of Second Reading and Adoption of Ordinance No. NS-233 an ordinance of the City Council of the City of Monte Sereno Amending Section 10.01.020 (Definitions – Specific Terms)
Thank you so much!
Stanley
From: Julie Foster
To: Michael Foster; City Hall
Subject: Re: City Council to Discuss Possible Changes to the Municipal Code Definition of ‘Structure’ Date: Thursday, November 10, 2022 7:40:34 PM
As residents of Monte Sereno, we support the change to the municipal code definition of structure to remove pools and spas.
Thank you
On Thu, Nov 10, 2022 at 6:12 PM Michael Foster wrote:
---------- Forwarded message ---------
From: City of Monte Sereno <[email protected]> Date: Thu, Nov 10, 2022 at 5:00 PM
Subject: City Council to Discuss Possible Changes to the Municipal Code Definition of ‘Structure’
To:
City Council to Discuss Possible Changes to the
Municipal Code Definition of ‘Structure’
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Discuss and Provide Direction to Staff Regarding Possible Bingo Ordinance
Recommendation(s):
Staff recommends the City Council provide direction to staff regarding a possible bingo ordinance.
Background Information:
At the December 20, 2022 City Council meeting, Councilmember Craig requested an ordinance regulating Bingo be discussed at a future City Council meeting.
Analysis:
California State Penal Code section 326.5 (Attachment 1) allows bingo activities to occur in a city where the city has enacted an ordinance in accordance with the state law. Bingo activities are only allowed for specific organizations such as charitable organizations, mobile home park associations, and senior citizen organizations and where the proceeds of such activities are used only for charitable purposes. The State law also regulates where the bingo activities can occur, who operates and staffs the bingo games, and how proceeds are used and accounted, and mandates that all bingo games be open to the public (rather than just members of the organization), and that games be in-person.
Part of the state law allows bingo activities to occur only on property owned or leased by the organization or property that is donated to the organization for their use. Monte Sereno Municipal Code sections 10.03.010, 10.03.030, and Chapter 10.05 prohibit all non-listed uses of land in every residential district, and generally limit residential districts to residential uses only. Monte Sereno Municipal Code section 10.01.020.T allows home occupation activities, which are limited to residents of the main dwelling, and uses must be secondary to use as a residence. Therefore, if a bingo ordinance were implemented, the permitted locations for bingo would likely be at the First Baptist Community Church or perhaps the City Hall site if those facilities were rented and/or donated to a qualifying organization.
A potential bingo ordinance would require the city to establish a bingo application, license approval/renewal process, and reporting by the organization. The state law limits the fee for
such application to $50. While a $50 application fee would not cover the staff costs to review a bingo application, staff anticipates very few applications would be submitted, so the staffing costs of reviewing applications would likely be minimal overall.
California Environmental Quality Act:
This is a discussion item and is thus not a project as defined under CEQA. Adopting regulations for conduct of bingo would likely be exempt from CEQA under the common-sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. California Penal Code 326.5
2/14/23, 1:06 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op_chapter=353&op_s… 1/4 PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. )
326.5.
PENAL CODE - PEN
CHAPTER 9. Lotteries [319 - 329] ( Chapter 9 enacted 1872. ) (a) Neither the prohibition on gambling in this chapter nor in Chapter 10 (commencing with Section 330) applies to any bingo game that is conducted in a city, county, or city and county pursuant to an ordinance enacted under Section 19 of Article IV of the State Constitution, if the ordinance allows games to be conducted only in accordance with this section and only by organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, and 23701l of the Revenue and Taxation Code and by mobilehome park associations, senior citizens organizations, and charitable organizations affiliated with a school district; and if the receipts of those games are used only for charitable purposes.
(b) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in subdivisions (j) and (k). (c) A violation of subdivision (b) shall be punishable by a fine not to exceed ten thousand dollars ($10,000), which fine is deposited in the general fund of the city, county, or city and county that enacted the ordinance authorizing the bingo game. A violation of any provision of this section, other than subdivision (b), is a misdemeanor. (d) The city, county, or city and county that enacted the ordinance authorizing the bingo game may bring an action to enjoin a violation of this section.
(e) Minors shall not be allowed to participate in any bingo game. (f) An organization authorized to conduct bingo games pursuant to subdivision (a) shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization.
(g) All bingo games shall be open to the public, not just to the members of the authorized organization. (h) A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Those members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game.
(i) Any individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall not hold a financial interest in the conduct of a bingo game. (j) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Those profits shall be used only for charitable purposes.
2/14/23, 1:06 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op_chapter=353&op_s… 2/4 (k) With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by organizations not within subdivision (j). Those proceeds shall be used only for charitable purposes, except as follows:
(1) The proceeds may be used for prizes.
(2) (A) Except as provided in subparagraph (B), a portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or two thousand dollars ($2,000) per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. (B) For the purposes of bingo games conducted by the Lake Elsinore Elks Lodge, a portion of the proceeds, not to exceed 20 percent of the proceeds before the deduction for prizes, or three thousand dollars ($3,000) per month, whichever is less, may be used for the rental of property and for overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. Any amount of the proceeds that is additional to that permitted under subparagraph (A), up to one thousand dollars ($1,000), shall be used for the purpose of financing the rebuilding of the facility and the replacement of equipment that was destroyed by fire in 2007. The exception to subparagraph (A) that is provided by this subparagraph shall remain in effect only until the cost of rebuilding the facility is repaid, or January 1, 2019, whichever occurs first.
(3) The proceeds may be used to pay license fees.
(4) A city, county, or city and county that enacts an ordinance permitting bingo games may specify in the ordinance that if the monthly gross receipts from bingo games of an organization within this subdivision exceed five thousand dollars ($5,000), a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and that the balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in paragraph (2).
(l) (1) A city, county, or city and county may impose a license fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (2) In lieu of the license fee permitted under paragraph (1), a city, county, or city and county may impose a license fee of fifty dollars ($50) paid upon application. If an application for a license is denied, one-half of the application fee shall be refunded to the organization. An additional fee for law enforcement and public safety costs incurred by the city, county, or city and county that are directly related to bingo activities may be imposed and shall be collected monthly by the city, county, or city and county issuing the license; however, the fee shall not exceed the actual costs incurred in providing the service. (m) A person shall not be allowed to participate in a bingo game, unless the person is physically present at the time and place where the bingo game is being conducted.
(n) The total value of prizes available to be awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500) in cash or kind, or both, for each separate game which is held. (o) As used in this section, “bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player’s possession and that conform to numbers or symbols, selected at random and announced by a live caller. Notwithstanding Section 330c, as used in this section, the game of bingo includes tangible cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. Electronics or video displays shall not be used in connection with the game of bingo, except in connection with the caller’s drawing of numbers or symbols and the public display of that drawing, and except as provided in subdivision (p). The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards
2/14/23, 1:06 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op_chapter=353&op_s… 3/4 shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.” Only a covered or marked tangible card possessed by a player and presented to an attendant may be used to claim a prize. It is the intention of the Legislature that bingo as defined in this subdivision applies exclusively to this section and shall not be applied in the construction or enforcement of any other provision of law. (p) (1) Players who are physically present at a bingo game may use hand-held, portable card-minding devices, as described in this subdivision, to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game. Card-minding devices may not be used in connection with any game where a bingo card may be sold or distributed after the start of the ball draw for that game. A card-minding device shall do all of the following:
(A) Be capable of storing in the memory of the device bingo faces of tangible cards purchased by a player. (B) Provide a means for bingo players to input manually each individual number or symbol announced by a live caller. (C) Compare the numbers or symbols entered by the player to the bingo faces previously stored in the memory of the device. (D) Identify winning bingo patterns that exist on the stored bingo faces. (2) A card-minding device shall perform no functions involving the play of the game other than those described in paragraph (1).
Card-minding devices shall not do any of the following:
(A) Be capable of accepting or dispensing any coins, currency, or other representative of value or on which value has been encoded.
(B) Be capable of monitoring any bingo card face other than the faces of the tangible bingo card or cards purchased by the player for that game.
(C) Display or represent the game result through any means, including, but not limited to, video or mechanical reels or other slot machine or casino game themes, other than highlighting the winning numbers or symbols marked or covered on the tangible bingo cards or giving an audio alert that the player’s card has a prize-winning pattern. (D) Determine the outcome of any game or be physically or electronically connected to any component that determines the outcome of a game or to any other bingo equipment, including, but not limited to, the ball call station, or to any other cardminding device. No other player-operated or player-activated electronic or electromechanical device or equipment is permitted to be used in connection with a bingo game.
(3) (A) A card-minding device shall be approved in advance by the department as meeting the requirements of this section and any additional requirements stated in regulations adopted by the department. Any proposed material change to the device, including any change to the software used by the device, shall be submitted to the department and approved by the department prior to implementation.
(B) In accordance with Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code, the commission shall establish reasonable criteria for, and require the licensure of, any person that directly or indirectly manufactures, distributes, supplies, vends, leases, or otherwise provides card-minding devices or other supplies, equipment, or services related to card-minding devices designed for use in the playing of bingo games by any nonprofit organization. (C) A person or entity that supplies or services any card-minding device shall meet all licensing requirements established by the commission in regulations.
(4) The costs of any testing, certification, license, or determination required by this subdivision shall be borne by the person or entity seeking it.
2/14/23, 1:06 PM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=PEN§ionNum=326.5.&op_statues=2013&op_chapter=353&op_s… 4/4 (5) On and after January 1, 2010, the Department of Justice may inspect all card-minding devices at any time without notice, and may immediately prohibit the use of any device that does not comply with the requirements established by the department in regulations. The Department of Justice may at any time, without notice, impound any device the use of which has been prohibited by the commission.
(6) The Department of Justice shall issue regulations to implement the requirements of this subdivision, and the California Gambling Control Commission may issue regulations regarding the means by which the operator of a bingo game, as required by applicable law, may offer assistance to a player with disabilities in order to enable that player to participate in a bingo game, provided that the means of providing that assistance shall not be through any electronic, electromechanical, or other device or equipment that accepts the insertion of any coin, currency, token, credit card, or other means of transmitting value, and does not constitute or is not a part of a system that constitutes a video lottery terminal, slot machine, or device prohibited by Chapter 10 (commencing with Section 330).
(7) The following definitions apply for purposes of this subdivision:
(A) “Commission” means the California Gambling Control Commission. (B) “Department” means the Department of Justice.
(C) “Person” includes a natural person, corporation, limited liability company, partnership, trust, joint venture, association, or any other business organization.
(Amended by Stats. 2013, Ch. 353, Sec. 122. (SB 820) Ef ective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
From: Roger McCarty
To: Diana Perkins
Subject: Agenda Item
Date: Tuesday, March 7, 2023 10:39:09 AM
March 7, 2023
Dear Diana,
I took notice that one of the ahead items on tonight’s city council meeting relates to an ordinance allowing bingo games in certain locations in Monte Sereno. I saw that the church was specifically noted as a potential place for such games.
I would like to go on record that we have no interest in holding or conducting bingo games on our premises. We do not, nor will not, do these. It’s just not something we do.
I’m not sure if it makes any difference. But, I just wanted to be sure that the city council knows that this is not something we are interested in nor have asked for.
Thanks for your attention.
Sincerely,
Roger G. McCarty, Pastor
First Baptist Community Church
Monte Sereno, CA
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Discuss and Provide Direction to Staff Regarding Switch from Gas Powered-Leaf Blowers to Electric or Battery Powered Leaf Blowers Recommendation(s):
Staff recommends the City Council provide direction to staff regarding a possible switch from gas-powered leaf blowers to electric or battery powered leaf blowers.
Background Information:
At the December 20, 2022 City Council meeting, Vice Mayor Wolsheimer requested changing our ordinances to only allow electric or battery powered leaf blowers and ban noisy gaspowered leaf blowers be discussed at a future City Council meeting.
Analysis:
According to the California Air Resources Board, the volume of smog-forming emissions from gas-powered leaf blowers, lawn mowers, hedge trimmers, edgers, and other small off-road engines (SORE) has surpassed emissions from light-duty passenger cars and is projected to be nearly twice those of passenger cars by 2031. A commercial operator using a backpack leaf blower for one hour generates the same smog-forming emissions as a car driving 1,100 miles.
In October 2021, the Governor signed AB 1346 which will ban the sale new gas-powered leaf blowers, lawn mowers, hedge trimmers, edgers, and other SORE starting with the units manufactured in the model year 2024. Although this law will ban the manufacturing and sale of gas-powered SORE equipment, the use of existing gas-powered equipment will not be restricted by this law.
In Santa Clara County, the Town of Los Gatos, City of Los Altos, and City of Palo Alto banned the use of gas-powered leaf blowers. Discussions of banning of this type of equipment have resulted in significant community input. If the City Council would like to pursue a ban on gaspowered leaf blowers, Staff recommends that a robust community outreach campaign be undertaken to ensure that residents are aware of the issue under consideration and can provide their input.
Importantly, property lots in the Town of Los Gatos are often immediately adjacent to property lots in the City of Monte Sereno or one side of the street is the Town of Los Gatos and other side of the street is the City of Monte Sereno. This raises two issues – the first issue is that gas-powered leaf blowers are banned on one property lot and adjacent to that lot or across the street gas-powered leaf blowers are allowed to be used. The second issue is that enforcement by Los Gatos-Monte Sereno Police Department is more complex because the officer must know which jurisdiction the possible offender is located in.
Given the large lot sizes in Monte Sereno (R1-20 and R1-44) using an electric leaf blower was not feasible and, until recently, battery powered leaf blowers were not robust. Battery technology has improved and battery powered leaf blowers are now cost effective and have comparable power to gas-powered leaf blowers.
Monte Sereno already has the following regulations regarding the use of mechanical blowers, which apply to electric, battery and gas-powered blowers:
9.07.040 - Mechanical blowers—When prohibited for contractors.
It shall be unlawful for any person within a residential zone other than the owner or the tenant of the property, as the case may be, to operate any portable machine powered with a gasoline engine or by electricity used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces before the hour of 8:00 a.m. or after the hour of 5:00 p.m. on any Monday through Friday; or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on any Saturday; or any time on Sundays or public holidays.
9.07.050 - Mechanical blowers—When prohibited for homeowners and tenants.
It shall be unlawful for any homeowner or tenant to operate any portable machine powered with a gasoline engine or by electricity used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces at any time on Sundays or public holidays except between the hours of 10:00 a.m. to 5:00 p.m.
9.07.060 - Mechanical blowers—Sound limit.
A. It shall be unlawful for any person to operate any backpack-mounted mechanical blower used to blow leaves, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces if such mechanical blower has a decibel rating over 65 dB as rated by the manufacturer of the mechanical blower. For purposes of this Section, the decibel rating shall be taken at a point fifty (50) feet from the fully operating mechanical blower.
B. It shall be unlawful for any person to operate any handheld mechanical blower used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns or other surfaces if such mechanical blower has a decibel rating over 70 dB as rated by the manufacturer of the mechanical blower.
For purposes of this Section, the decibel rating shall be taken at a point fifty (50) feet from the fully operating mechanical blower.
California Environmental Quality Act:
This discussion item is not project as defined under CEQA. Adoption of a gas-powered leaf blower ban would likely be exempt from CEQA under the common sense exemption, and under CEQA Guidelines section 15308, as an action for the maintenance, enhancement, or protection of the environment, and under CEQA Guidelines 15307, as an action to protect natural resources (air).
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.
STAFF REPORT
Meeting: City Council - Mar 07 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Discuss and Consider Assigning a Councilmember to Serve as an Alternate Council Liaison to the Better Streets Commission Recommendation(s):
Staff recommends that the Council discuss and consider assigning an alternate Council Liaison to the Better Streets Commission.
Background Information:
Staff received a request from Mayor Mekechuk to place an item on the City Council meeting agenda to discuss and consider appointing an alternate Council liaison to the Better Streets Commission. Currently, the only Council Liaison assigned to the Better Streets Commission is Mayor Mekechuk. Previously, Councilmember Liz Lawler was the alternate Council liaison and her term as Councilmember ended in December 2022.
Analysis:
It is important to highlight the role of Council liaisons to Boards/Commissions/Committees.
City Council relies on the expertise and recommendations of Boards/Commissions/Committees in advising Council as it sets City policy.
The Council liaison function serves to facilitate and enhance this work. The principal function is to provide information to the advisory body, such as information about Council discussions, policies and actions. This information provides the advisory body a historical perspective and thereby places the Boards/Commissions/Committees’ work in context. However, the Boards/Commissions/Committees should act independently in formulating recommendations for Council to consider. Therefore, Council liaisons should not direct, guide or influence the policymaking work of the City’s advisory bodies.
Council liaisons have flexibility in discharging their duties. They may serve with or without attending the meetings of their advisory bodies. However, at minimum, Council liaisons should be available for contact with members of advisory bodies and, particularly, with the chairs.
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.