AGENDA
City of Monte Sereno
Tuesday, April 2, 2024
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
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Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
1. Midpeninsula Regional Open Space District (Midpen) Presentation Midpen Presentation
5 - 23
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.
2. Approve the Minutes of the March 19, 2024 Regular City Council Meeting
Staff recommends approval of the Minutes of the March 19, 2024 Regular City Council Meeting.
Staff Report -SR-22-148 - Pdf
24 - 28
3. Approve Warrant List Dated April 2, 2024 in the amount $163,030.18 Staff recommends the City Council approve the Warrant List Staff Report - SR-24-056 - Pdf
29 - 30
4. Accept the Treasurer's Report for the Period Ending January 31, 2024 Staff recommends the City Council accept the Treasurer's Report for the period ending January 31, 2024
Staff Report - SR-24-057 - Pdf
31 - 50
5. Adoption of 2024-2025 City Council Goals
It is recommended that the City Council Adopt the 2024-2025 City Council Goals and Accept the Summary Notes and related materials, which inform the Council’s consensus direction set at the Study Session.
Staff Report - SR-24-055 - Pdf
51 - 52
PUBLIC HEARINGS
UNFINISHED BUSINESS
6. Consideration of Daves Avenue “S” Curve Safety Measures Staff Recommends the City Council consider the proposed safety measures to improve the “S” Curve on Daves Avenue and resident input on those measures and provide direction to staff.
Staff Report - SR-24-059 - Pdf
53 - 54
NEW BUSINESS
7. Ordinance Amending the Chapter 6.10 and Title 9 of the Monte Sereno Municipal Code to Comply with Senate Bill 1383
Introduce an Ordinance titled, “An Ordinance of the City Council of the City of Monte Sereno Amending Title 6, Chapter 6.10, Solid Waste, Organic Waste, and Recyclable Materials and Title 9 by Adding Chapter
9.10, Construction & Demolition Debris Diversion of the Monte Sereno Municipal Code."
Staff Report - SR-24-058 - Pdf
55 - 90
8. Consider and Accept the City Manager's Quarterly Report Covering Dates 01/01/2024 Through 03/31/2024
Staff recommends that the City Council consider and accept the City Manager's quarterly report.
Staff Report - SR-24-060 - Pdf
91 - 105
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.
Craig
Monte Sereno Youth Commission
Santa Clara County Library JPA
Ellahie
Cities Association – Board of Directors
Cities Association – Legislative Action Committee
Cities Association - Cities Selection Committee
Turner
West Valley Sanitation District
Wolsheimer
Silicon Valley Animal Control Authority
Santa Clara Valley Water District Commission
Association of Bay Area Governments
League of California Cities Peninsula Division
West Valley Mayors & Managers
Mayors of Santa Clara County
Mekechuk
Valley Transportation Authority Policy Advisory Committee West Valley Clean Water Authority
West Valley Solid Waste Management Authority
Silicon Valley Clean Energy Authority
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.
9. Tina Bills for Discussion 106 - 107
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]
2024 District Update
Craig Gleason, Board Member, Ward 1
North Ridge Trail, Purisima Creek Redwoods (Eric Gouldsberry) April 2, 2024
Midpen’s Mission(s)
Midpen’s mission: to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.
On the Coast, Midpen has an expanded mission to acquire and preserve agricultural land of regional significance, preserve rural character and encourage viable agricultural uses of land resources. Page 6 of 107 Midpen’s Lands
• Public agency, created in 1972 by a grassroots voter initiative • 763,000 constituents (2020)
• Elected board: seven directors
• Funded primarily through property tax
• 27 Preserves in Santa Clara, San Mateo and Santa Cruz counties • Preserved over 70,000 acres, 250+ miles of trails
• Preserves are free and open to the public
• Main office in Los Altos + field offices
• 200 employees, ~1000 volunteers
• $300 million voter-approved general obligation bond passed in 2014 to support public priorities
Some Midpen Facts
Bear Creek Redwoods Open Space Preserve
Photo: Marina Broeder
El Sereno Open Space Preserve
Photo: Eric Morhenn
Sierra Azul Open Space Preserve
Photo: Lubor Ptacek
St. Joseph’s Hill Open Space Preserve
Photo: Lubor Ptacek
Project Updates
Wildland Fire Resiliency Program
Implementation
CZU Lightning Complex Fire, 2020
Photo: Brad Pennington
Wildland Fire Resiliency Program
For more information visit
https://www.lgwatershedhealth.com/
Wildland Fire Resiliency Program:
Project Areas
Highway 17 Crossings
Project Description • A collaboration with Santa Clara County to plan, design and create safe passage
for newts across Alma Bridge Road.
Background Study
• Of the 13,786 adult California newts
that attempted to cross the road from
their dry-season upland habitat to their
wet-season aquatic habitat during the
survey period, 39.2% were killed by
vehicles.
Status • Project moving into Alternatives
Analysis and basis of design which,
once complete, will be brought to
stakeholders and the Midpen Board. • If supported, project will progress to environmental review and design based
on funding. • Midpen just awarded $2.1 million by
WCB to complete preliminary design!
Alma Bridge Road Newt Passage
(Frances Freyberg)
Santa Cruz Kangaroo Rat (SCKR)
Assess Santa Cruz Kangaroo Rat habitat and support genetic research to inform the development of a habitat and population management plan to increase species resilience. Midpen has funded a population study to estimate the number of individual k-rats in Sierra Azul and their distribution on the landscape. Page 19 of 107
Rodenticide Outreach
For more information visit openspace.org/rodenticides. Page 20 of 107 Measure AA 10th Anniversary - 2024
Measure AA Ballot Measure - 2014
To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpeninsula Regional Open Space District be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee.
Measure AA 10th Anniversary - 2024
Progress since 2014
Preserved over 8,400 acres, including: ― Expanded the conservation grazing program by 315 acres to support viable ag use of land resources, preserve the rural coastside character, and reduce wildland fire risk ― Opened four new areas/preserves to the public: Mount Umunhum Summit, lower La Honda Creek Preserve, Bear Creek Redwoods Preserve, and Mindego Ranch ― Acquired the 5,100-acre Cloverdale Ranch south of Pescadero (Phase I & II) Opened 31.4 miles of trails to public access, with 10+ miles in construction, and 19+ miles of new trails in the planning stages ― Completed a Bay Trail connection at Ravenswood Preserve, establishing 80 miles of continuous Bay Trail access on the Peninsula and to the East Bay
― Completed the Mindego Hill Trail at Russian Ridge Preserve ― Contributed funding toward the completion of the Saratoga-to-the-Sea Trail connecting Quarry Park to Sanborn County Park
― Completed the Mt. Umunhum Trail at Sierra Azul Preserve, which was designated as a National Recreation Trail in 2018 by the U.S. Secretary of the Interior ― Completed the Oljon and Steam Donkey Trails at El Corte de Madera Preserve Opened 3 new parking areas, creating a total of 126 new parking spaces (Karl Gohl)
Questions?
openspace.org
[email protected]
Sign up for eNews at:
openspace.org/enewsletter
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the Minutes of the March 19, 2024 Regular City Council Meeting Recommendation(s):
Staff recommends approval of the Minutes of the March 19, 2024 Regular City Council Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
03-19-24 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
March 19, 2024
MEETING CALLED TO ORDER
At approximately 7:01 p.m., Mayor Wolsheimer called the meeting to order.
PLEDGE OF ALLEGIANCE
Chief of Police Jamie Field lead the Pledge of Allegiance.
ROLL CALL
Present – Chambers: Councilmember Turner, Councilmember Ellahie, Councilmember Mekechuk, Vice Mayor Craig and Mayor Wolsheimer
Present – Remote: None
Absent: None
Staff: City Planner Perkins, City Engineer/Public Works Director Jordan, Finance Officer Samoranos, City Clerk Gonzalez-Langarica, City Manager Leonardis, City Attorney Powell
Staff – Remote: None
ORDERS OF THE DAY
None.
ANNOUNCEMENTS
None.
PRESENTATIONS
None.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the March 5, 2024 Regular City Council Meeting
2. Approve Warrant List Dated March 19, 2024 in the amount $79,495.79 Mayor Wolsheimer opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Vice Mayor Craig to approve Item #1 on the Consent Calendar.
Seconded by Councilmember Turner.
VOTE: Motion passed. (5-0-0)
MOTION: Motion by Vice Mayor Craig to approve Item #2 on the Consent Calendar.
Seconded by Councilmember Ellahie.
VOTE: Motion passed. (2-0-1- Abstain: Mekechuk)
PUBLIC HEARINGS
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
3. Authorize Councilmember Mekechuk to Represent the City on Issues Related to the San Jose Water General Rate Case U168W Affecting Water Rates for 2025-2027 City Manager Leonardis provided a staff report and answered questions from the Council.
Discussion ensued.
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Ellahie to Authorize Councilmember Mekechuk to Represent the City on Issues Related to the San Jose Water General Rate Case U168W Affecting Water Rates for 2025-2027. Seconded by Vice Mayor Craig.
VOTE: Motion passed. (5-0-0)
4. Annual Council Goal Setting Session
City Manager Leonardis provided a PowerPoint presentation.
The Council held extensive discussions on the strategic goals and objectives for the upcoming fiscal year.
City Manager Leonardis will bring back a draft of the strategic goals and objectives for Fiscal Year 2024-25 to be adopted at a future meeting.
COMMITTEE/COMMISSION REPORTS
Vice Mayor Craig shared the Youth Commission will be hosting a City cleanup event on April 21st.
The Youth Commission will also start recruiting this year’s recipient for the Social Justice Award. Vice Mayor Craig shared attending the Valley Transportation Authority Policy Advisory Committee and
Silicon Valley Clean Energy Authority on behalf of Councilmember Mekechuk. Vice Mayor Craig reported the meeting for the VTA consisted of discussion on items of which the City of Monte Sereno doesn’t participate in. He shared the most interesting thing is the fact that they are going to sponsor a contest to see who can come up with the coolest name for the Tunnel Boring Machine (TBM) that will bore the five-mile tunnel between the Berryessa and Cal Train Station. There was discussion on Measure B and promotion on the Bicycle and Pedestrian Safety. On the Silicon Valley Clean Energy Authority meeting, Vice Mayor Craig reported the sendoff for CEO Girish Balachandran and discussion on the midyear budget and programs they are going to invest in for the expanding of single-family home electrification. The discussion was on contracting with Franklin Energy Services to give individuals a one-stop shop for electrifying homes.
Councilmember Ellahie shared he also attended the sendoff for CEO Girish Balachandran.
Councilmember Ellahie went on to share some information on upcoming legislative bills from the 2024 Legislative Briefing: New Legislation Overview PowerPoint that was added onto the agenda for public viewing.
Councilmember Turner stated nothing to report.
Councilmember Mekechuk shared that on April 9th Solid Waste Management Authority is having field trip to see the organic waste processing at the recycling plant and solid waste. Councilmember Mekechuk thanked Vice Mayor Craig for attending the meetings for the Valley Transportation Authority Policy Advisory Committee and Silicon Valley Clean Energy Authority on his behalf.
Mayor Wolsheimer stated nothing to report.
COUNCILMEMBER COMMENTS
Councilmember Ellahie complemented City Manager Leonardis with the running of the Goal Setting Session this evening. Councilmember Ellahie also stated the city needs to keep control of finances and approved as soon as possible to have Councilmember Mekechuk have active participation.
CITY MANAGER’S REPORT
City Manager Leonardis reported on the Community Chipping Program. This program is designed to encourage and support homeowners in creating and maintaining the required defensible space around their homes. City Manager Leonardis also reminded folks about the extensive amount of information for the residents.
FUTURE AGENDA ITEMS
Councilmember Ellahie would like any updates on the Housing Element and Community Center as part of any of the upcoming meetings.
Vice Mayor Craig would like to see soon an item addressing flock cameras for discussion.
Councilmember Turner stated she would like to see data integrity of the surveys that the city has which show what database is used whenever the City gets a survey. Councilmember Turner would like to make sure NextDoor isn’t being used because of the many scammers on there.
RECESS TO CLOSED SESSION
Mayor Wolsheimer opened the item for Public Comment. With no one wishing to speak, Public Comment was closed. City Council adjourned to Closed Session at approximately 9:05 p.m.
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9
Case Name: Padgett v. Curtis Wright, et al. - United States District Court, Northern District of California - San Jose Division
Case No.: 5:04-cv-03946
Staff Present: City Manager Leonardis, City Attorney Powell
RECONVENE TO OPEN SESSION
The City Council reconvened to Open Session at approximately 9:58 p.m. with Mayor Wolsheimer, Vice Mayor Craig, Councilmember Mekechuk, Councilmember Ellahie, and Councilmember Turner present. (Councilmember Turner left the meeting at approximately 9:50 p.m.)
CLOSED SESSION REPORT
Mayor Wolsheimer stated that there were no reportable actions.
ADJOURN
Mayor Wolsheimer adjourned the meeting at approximately 9:59 p.m.
Evert Wolsheimer, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated April 2, 2024 in the amount $163,030.18 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 this agenda and this report appear on the City's website.
Attachments:
2024 04 02 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
April 2, 2024
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20773 Alana Consulting, LLC Plan Check Services (01/01/2024 - 03/27/2024) 38,825.85 01-765 20774 BMI Imaging Systems Web Hosting March 2024 225.00 01-715 20775 Cadillac Designs, Inc. 18x24 Litter Removal Sign - Qty 30 2,655.31 05-870 20776 CIVICPLUS Municode Pages, OrdBank by Project, Blank Supplement Pages, Images, Graphs & Tabular Matter 1,193.13 01-720
20777 Corodata Shredding Inc. Container Rental Fee 10.00 01-522 20778 Daryl Jordan City Engineer/Public Works Director - attended Public Works Officers Institute - March 13-15, 2024 Monterey CA 1,221.66 01-770 20779 Delta Dental of California Dental Insurance Premium 822.43 01-635 20780 Kier & Wright Civil
Engineers Review of SB9 Parcel Map at 16101 Greenwood Rd 239.00 01-765 20781 Logan & Powell, LLP City Attorney Services ($7500) and Padgett case ($825) 8,325.00 01-425 01-427
20782 Los Gatos Monte Sereno
Safe Road
Measure B Reimbursement: Bike Education Classes ($978); BMX Assemlies ($4985); Outreach & Communication Events
($1253); Encouragement Events ($2299) and QR Code
9,765.00 05-870
20783 M-Group City of Monte Sereno Housing Element Update Assistance Project 881.25 01-535
20784 Michele Kwong Reimburse for CAPIO Advancing Public Sector Communicators training 950.00 01-770
20785 Pacific Gas & Electric
Electricity services - City Hall ($622), Annex Building ($38); Rose Andrews Ltg District ($52) and Loma Serena Ltg District ($198).
910.52
01-705
50-945
40-935
20786 RICOH USA, INC. Office Copier at City Hall 480.23 01-715 20787 Ricoh USA, Inc. Office Copier at City Hall 18.99 01-715 20788 Rowena Turner Attended TPAC Mtgs; HKETO Mtgs and LG Foundation mtgs - mileage and parking reimbursement 518.81 01-505
20789 Skane Mills, LLP Padgett v Wright case 6,718.00 01-427 20790 Town of Los Gatos
Finance Department FY 2023-2024 LGMSPD Police Services 89,270.00 03-545 TOTAL WARRANT LIST $163,030.18
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 30 of 107
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Accept the Treasurer's Report for the Period Ending January 31, 2024 Recommendation(s):
Staff recommends the City Council accept the Treasurer's Report for the period ending January 31, 2024
Background Information:
In compliance with 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.
City staff has provided the new compliant monthly Treasurer's Report in four parts:
Compliant Treasurer's Report
• Part 1 - Receipts and Disbursement Report
• Part 2 - Significant Variances Actuals versus Budget Narrative • Part 3 - Demand Account Report
• Part 4 - 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 MONTHLY REPORT 2024 01 31 (Final) Part 2 - SIGNIFICANT VARIANCES TO BUDGET NARRATIVE 2024 01 31 (Final)
Part 3 - DEMAND ACCOUNT REPORT 2024 01 31 (Final)
Part 4 - Investment Report 2024 01 31 (Final)
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,844,000 603,617 1,507,265 (1,336,735) 53.0%
739,000 39,082 498,067 (240,933) 67.4%
342,400 12,750 186,290 (156,110) 54.4%
246,666 8,674 147,460 (99,206) 59.8%
177,500 2,352 166,780 (10,720) 94.0%
185,000 13,670 110,082 (74,918) 59.5%
100,500 20,767 128,574 28,074 127.9%
106,900 2,075 43,609 (63,291) 40.8%
9,000 237 4,001 (4,999) 44.5%
738,000 0 0 (738,000) 0.0%
2,100 651 4,310 2,210 205.2%
5,491,066 703,875 2,796,436 (2,694,630) 50.9%
Page: 1 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 33 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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, 2023 -
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 (Federal & Other) $738k
01-298
California Automated Permit Processing
(CalAPP) Program Grant in the Amount
of $40,000.
01-298 Silicon Valley Clean Energy ($18k) -
Secured if usd for solar panel/battery
01-298 Prop 68 Per Capita Program ($180k) -
Secured if expended by 12/31/2023
01-298
SILICON VALLEY CLEAN ENERGY
DECARBONIZATION GRANT
PROGRAM AGREEMENT $500k used
by December 31, 2024
FY 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
2,600,600 596,486 1,383,005 (1,217,595) 53.2%
95,000 0 95,409 409 100.4%
5,400 1,939 2,770 (2,630) 51.3%
52,000 4,817 24,571 (27,429) 47.3%
89,000 0 0 (89,000) 0.0%
2,000 367 1,356 (644) 67.8%
0 0 119 119 N/A
0 2 3 3 N/A
0 6 33 33 N/A
0 0 0 0 N/A
2,844,000 603,617 1,507,265 (1,336,735) 53.0%
9,000 237 4,001 (4,999) 44.5%
9,000 237 4,001 (4,999) 44.5%
738,000 0 0 (738,000) 0.0%
738,000 0 0 (738,000) 0.0%
Page: 2 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 34 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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
01-265 Franchise - Street Sweep
01-266 Refuse
01-267 Recycle HHW & JPA fees
01-269 Franchise Fee - Vehicle Impact
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
105,000 7,323 60,866 (44,134) 58.0%
80,000 6,347 49,216 (30,784) 61.5%
185,000 13,670 110,082 (74,918) 59.5%
20,000 0 0 (20,000) 0.0%
40,600 0 0 (40,600) 0.0%
35,000 0 0 (35,000) 0.0%
1,667 5,000 5,000 N/A
149,500 1,005 85,607 (63,893) 57.3%
24,200 5,912 31,088 6,888 128.5%
4,167 25,000 25,000 N/A
73,100 0 39,594 (33,506) 54.2%
342,400 12,750 186,290 (156,110) 54.4%
106,900 2,075 43,609 (63,291) 40.8%
0 0 0 0 N/A
106,900 2,075 43,609 (63,291) 40.8%
1,200 20 440 (760) 36.7%
17,700 472 8,234 (9,466) 46.5%
25,000 0 12,867 (12,133) 51.5%
3,500 33 2,826 (674) 80.7%
550,000 28,658 369,802 (180,198) 67.2%
40,000 2,622 17,543 (22,457) 43.9%
1,200 10 633 (567) 52.8%
0 0 8,370 8,370 N/A
10,000 5,939 18,341 8,341 183.4%
0 0 0 0 N/A
0 0 1,910 1,910 N/A
30,400 550 21,225 (9,175) 69.8%
60,000 778 35,876 (24,124) 59.8%
739,000 39,082 498,067 (240,933) 67.4%
Page: 3 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 35 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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 - $118090
Total
Interest Oct -Dec 2022 Quarter Run Rate
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) - $122,066
05-323
Ped Education and Encouragement
Allocation $10,000 ( FY 2024) and
$10,000 FY2025)
05-323
Measure B Santa Clara Valley
Transporation Authority (Per City
Engineer) $87,066 ($36700 and
$50366)
05-323 TDA (Per City Engineer) $25,000
FY 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,000 0 600 (400) 60.0%
1,100 651 3,710 2,610 337.3%
2,100 651 4,310 2,210 205.2%
97,500 20,162 124,670 27,170 127.9%
3,000 605 3,904 904 130.1%
100,500 20,767 128,574 28,074 127.9%
1,100 341 654 (446) 59.5%
2,500 0 1,037 (1,463) 41.5%
21,000 0 0 (21,000) 0.0%
0 0 200 200 N/A
100,000 8,333 119,492 19,492 119.5%
122,066 0 26,076 (95,990) 21.4%
246,666 8,674 147,460 (99,206) 59.8%
Page: 4 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 36 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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
01-297 Community Center Capital Campaign
25-352 Storm drain dev fees
25-354 Storm Drain maintenance/Administration
General Fund Transfer for CIP
Beginning Equity Balance
TOTAL OTHER REVENUE
TOTAL REVENUE
FY 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
150,000 1,232 78,053 (71,947) 52.0%
0 0 0 0 N/A
7,500 200 5,470 (2,030) 72.9%
0 0 65,082 65,082 N/A
0 0 0 0 N/A
0 0 0 0 N/A
0 5,000 5,000 N/A
10,000 920 13,176 3,176 131.8%
10,000 0 0 (10,000) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
177,500 2,352 166,780 (10,720) 94.0%
5,491,066 703,875 2,796,436 (2,694,630) 50.9%
Page: 5 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 37 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,710,758 149,751 1,010,095 (700,662) 59.0%
1,192,665 89,270 664,953 (527,712) 55.8%
60,000 0 2,450 (57,550) 4.1%
413,289 15,985 266,265 (147,024) 64.4%
564,900 12,386 277,538 (287,362) 49.1%
505,762 58,232 285,159 (220,603) 56.4%
125,000 0 60,070 (64,930) 48.1%
34,000 2,042 26,074 (7,926) 76.7%
109,052 2,849 80,142 (28,910) 73.5%
1,257,401 0 47,583 (1,209,818) 3.8%
58,150 1,174 5,950 (52,200) 10.2%
12,000 0 11,940 (60) 99.5%
2,700 234 1,628 (1,072) 60.3%
6,045,677 331,923 2,739,848 (3,305,829) 45.3%
(554,611) 371,952 56,589 611,200 -10.2%
Page: 6 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 38 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
16,250 106 4,336 (11,914) 26.7%
3,000 0 0 (3,000) 0.0%
15,000 1,456 16,125 1,125 107.5%
2,000 0 0 (2,000) 0.0%
0 0 0 0 N/A
0 0 0 0 N/A
0 10 38,290 38,290 N/A
15,000 0 0 (15,000) 0.0%
3,500 1,002 3,752 252 107.2%
1,200 294 1,096 (104) 91.3%
0 0 0 0 N/A
134,529 4,829 36,097 (98,432) 26.8%
100,200 0 115,155 14,955 114.9%
0 0 0 0 N/A
20,000 0 30,000 10,000 150.0%
12,500 0 0 (12,500) 0.0%
0 0 0 0 N/A
6,000 0 4,838 (1,162) 80.6%
50,000 0 0 (50,000) 0.0%
0 0 0 N/A
0 0 0 N/A
34,110 8,288 16,575 (17,535) 48.6%
413,289 15,985 266,265 (147,024) 64.4%
Page: 7 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 39 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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
01-636 Vision Care
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
1,153,560 108,759 748,745 (404,816) 64.9%
79,401 0 0 (79,401) 0.0%
0 0 0 N/A
102,752 8,998 68,322 (34,429) 66.5%
13,563 1,087 7,479 (6,083) 55.1%
185,488 18,778 111,981 (73,507) 60.4%
14,803 822 5,640 (9,164) 38.1%
4,024 894 2,236 (1,789) 55.6%
13,543 370 4,568 (8,975) 33.7%
69,413 6,844 42,830 (26,583) 61.7%
18,373 1,601 11,019 (7,354) 60.0%
744 392 493 (251) 66.3%
0 1,185 6,759 6,759 N/A
55,092 21 21 (55,071) 0.0%
1,710,758 149,751 1,010,095 (700,662) 59.0%
11,200 967 10,462 (738) 93.4%
22,900 3,479 17,673 (5,227) 77.2%
0 19 4,572 4,572 N/A
10,000 687 5,689 (4,311) 56.9%
0 0 106 106 N/A
26,200 1,430 14,991 (11,209) 57.2%
11,300 261 7,411 (3,889) 65.6%
18,500 2,278 16,146 (2,354) 87.3%
26,000 2,686 17,556 (8,444) 67.5%
0 0 0 0 N/A
366,662 44,686 187,605 (179,057) 51.2%
10,500 1,738 2,947 (7,553) 28.1%
0 0 0 0 N/A
0 0 0 0 N/A
2,500 0 0 (2,500) 0.0%
505,762 58,232 285,159 (220,603) 56.4%
Page: 8 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 40 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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
01-816 Building Improvement City Hall
TOTAL EQUIPMENT / IMPROVEMENTS
Notes to Building Improvement (01-815) $1,200,000
01-815 Annex Building Project $1,200,000
(Budget)
01-815 Green Stormwater Infrastructure
Project $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
FY 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 0 0 0 N/A
45,000 0 43,306 (1,694) 96.2%
64,052 2,849 36,836 (27,216) 57.5%
109,052 2,849 80,142 (28,910) 73.5%
0 0 0 0 N/A
1,257,401 0 27,234 (1,230,167) 2.2%
0 20,349 20,349 N/A
1,257,401 0 47,583 (1,209,818) 3.8%
1,092,665 89,270 520,461 (572,204) 47.6%
0 0 0 0 N/A
100,000 0 144,492 44,492 144.5%
1,192,665 89,270 664,953 (527,712) 55.8%
34,000 2,042 26,074 (7,926) 76.7%
0 0 0 0 N/A
34,000 2,042 26,074 (7,926) 76.7%
Page: 9 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 41 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
Adopted Budget
Treasurer's Report
Part 1 of 4
MAINTENANCE
01-845 Pavement Management Program
12-840 Pavement Impr Project - Constitution
12-841 PIP - Greenwood Road
12-845 Pavement Management Program
12-850 Street Maintenance
12-865 Street Sweeping
05-845 Street Maintenance
05-850 Storm Drain Maintenance
05-870 Traffic Safety (signs & markings)
05-880 Traffic Safety (emergency calls&repairs)
05-890 Traffic Safety ( street lighting)
25-850 Storm Drain Maintenance
TOTAL MAINTENANCE
CONSTRUCTION
01-905 Gen Fund Road Proj.(FY2018/19)
01-915 Neighborhood St. Improve Project
05-87x Daves Ave Winchester Equestrian
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
0 6,370 235,468 235,468 N/A
200,000 0 4,034 (195,966) 2.0%
131,700 0 0 (131,700) 0.0%
35,000 0 1,000 (34,000) 2.9%
40,000 0 5,940 (34,060) 14.9%
20,000 3,666 3,666 (16,334) 18.3%
0 0 0 N/A
60,000 0 1,100 (58,900) 1.8%
45,000 0 22,792 (22,208) 50.6%
0 2,150 2,150 2,150 N/A
3,200 200 1,389 (1,811) 43.4%
30,000 0 0 (30,000) 0.0%
564,900 12,386 277,538 (287,362) 49.1%
0 0 1,495 1,495 N/A
0 0 0 0 N/A
60,000 0 0 (60,000) 0.0%
0 0 0 0 N/A
0 0 955 955 N/A
0 0 0 0 N/A
0 0 0 0 N/A
60,000 0 2,450 (57,550) 4.1%
0 0 0 0 N/A
0 0 0 0 N/A
12,000 0 11,940 (60) 99.5%
12,000 0 11,940 (60) 99.5%
2,100 186 1,289 (811) 61.4%
600 49 339 (261) 56.6%
2,700 234 1,628 (1,072) 60.3%
Page: 10 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 42 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
90,000 0 42,500 (47,500) 47.2%
35,000 0 17,570 (17,430) 50.2%
0 0 0 0 N/A
0 0 0 0 N/A
125,000 0 60,070 (64,930) 48.1%
51,150 0 510 (50,640) 1.0%
3,000 0 0 (3,000) 0.0%
4,000 1,174 5,440 1,440 136.0%
58,150 1,174 5,950 (52,200) 10.2%
6,045,677 331,923 2,739,848 (3,305,829) 45.3%
(554,611) 371,952 56,589 611,200 -10.2%
Page: 11 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 43 of 107
THE CITY OF MONTE SERENO
RECEIPTS AND DISBURSEMENT REPORT
FOR THE MONTH OF
January 2024
58.3% OF FY 2023-24
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
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
03-015 Law Enforcement
05-015 Traffic Safety
07-015 Community Center Capital Campaign
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
Wells Fargo Advisors Account
01-035 Undesignated Reserves
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits (OPEB)
12-035 Gas Tax Account
Wells Fargo Advisors Account
TOTAL ALL FUNDS
FY 2023-24
Adopted Budget
CURRENT MONTH
January 2024
FY 2023-24 YTD
ACTUAL
FY 2023-24 YTD
vs. FY 2023-24 Full
Year Adopted
Budget -
Higher/(Lower)
% OF YTD
ACTUAL VS.
Full Year
Adopted
Budget
117,450 (16,498) 448,549 331,099 381.9%
448,549.45
78,882 344,239 (58,608) (137,490) -74.3%
0 N/A
0 N/A
0 N/A
0 N/A
0 8,333 511,097 511,097 N/A
0 651 62,282 62,282 N/A
0 5,000 5,000 N/A
64,274 13,670 511,860 447,586 796.4%
45,924 0 69,524 23,600 151.4%
73 0 73 (0) 99.7%
2,705 375 7,011 4,306 259.2%
0 0 39 39 N/A
191,858 367,268 1,108,278 916,420 577.7%
309,308 350,770 1,556,827 1,247,519 503.3%
1,108,277.65
647,671 1,524 99,033 (548,638) 15.3%
3,500,000 0 0 (3,500,000) 0.0%
500,000 0 0 (500,000) 0.0%
200,000 0 0 (200,000) 0.0%
0 0 0 0 N/A
4,847,671 1,524 99,033 (4,748,638) 2.0%
0 0 0 0 N/A
131,506 17 1,102 (130,404) 0.8%
21,000 0 21,000 0 100.0%
27,043 0 27,043 (0) 100.0%
6,751 0 6751 0 100.0%
186,300 17 55,896 (130,404) 30.0%
5,033,970 1,541 154,929 (4,879,042) 3.1%
18,638 285,462 285,462 N/A
0 3,500,000 3,500,000 N/A
0 500,000 500,000 N/A
0 200,000 200,000 N/A
0 0 0 N/A
588 141,571 141,571 N/A
0 19,226 4,627,033 4,627,033 0
5,343,278 371,538 6,338,788 995,510 118.6%
Page: 12 of 12 File: Part 1 - RECEIPTS AND DISBURSEMENT MONTHLY REPORT 2024 01 31 (Final) Page 44 of 107 1 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 January 2024
58.3% of FY 2023-24 Adopted Budget
Revenues
SIGNIFICANT FULL-YEAR VARIANCES TO FY 2023-24 ADOPTED BUDGET NARRATIVE Revenues $2.8 Million (50.9% of FY 2023-24 Adopted Budget FULL YEAR) - Property Tax $1,507.3 Thousand, 53.0% of FY 2023-24 Adopted Budget FULL YEAR: In January 2024, received ($293.6k) VLF SWAP; ($196.6k) for Secured Property Tax 12/10/23 Secured 4th Advance January 4 2024; ($106.2k) for Secured Property Tax 12/10/23 Secured Final January 19 2024.
- Licenses and Permits $498.1 Thousand, 67.4% of FY 2023-24 Adopted Budget FULL YEAR: In January, received $41k from Permit fees - major building permits on May Ave. ($13.3k), Bruce Ct ($4.3k) and Barry Ln ($3.9k);
- Franchise Fees $186.3 Thousand, 54.4% of FY 2023-24 Adopted Budget FULL YEAR: Received Franchise fees from Waste Connection for franchise tax ($12.8k)
- Intergovernmental $147.5 Thousand, 59.8% of FY 2023-24 Adopted Budget FULL YEAR: Received FY 2022- 24 COPS ELEAS Growth pass-thru grant ($8.3k)
- Other Revenues $166.8 Thousand, 94.0% of FY 2023-24 Adopted Budget FULL YEAR: In January, received total Road Impact fees ($1.2k)
- Gas Tax $110.1 Thousand, 59.5% of FY 2023-24 Adopted Budget FULL YEAR: Received Gas Tax Revenue ($7.3k) and SB-1 Revenue ($6.3k).
-
- Real Property Tax $43.6 Thousand, 59.5% of FY 2023-24 Adopted Budget FULL YEAR: In January, received $2.1k real estate transfer tax.
- Sales and Use Tax $4 Thousand, 44.5% of FY 2023-24 Adopted Budget FULL YEAR: Received sales tax for January 2024 ($237).
- Federal Relief Funds and Other $0, 0% of FY 2023-24 Adopted Budget Full Year: None. - Investment Income/Interest $128.6 Thousand, 127.9% of FY 2023-24 Adopted Budget FULL YEAR: In January 2024, earned $20.8k in T-Bill interest.
2 | P a g e
Significant Revenue and Expenditures Narrative Treasurer’s Report – Part 2 of 4 January 2024
58.3% of FY 2023-24 Adopted Budget
Expenditures
SIGNIFICANT FULL-YEAR VARIANCES TO FY 2023-24 ADOPTED BUDGET NARRATIVE Expenditures $2.7 Million, 45.3% of FY 2023-24 Adopted Budget FULL YEAR - Personnel $1,010.1 Thousand, 59.0% of FY 2023-24 Adopted Budget FULL YEAR: Even with the Adopted Budget.
- Law Enforcement $665 Thousand, 55.8% of FY 2023-24 Adopted Budget FULL YEAR: Paid $89.3 for Police Services.
- Construction $2.5 Thousand, 4.1% of FY 2023-24 Adopted Budget FULL YEAR: None. - General Government $266.3 Thousand, 64.4% of FY 2023-24 Adopted Budget FULL YEAR: In January, paid Dicar Networks IT Services ($3.6k) two months service; M-Group Housing Element Project ($2.2k) and - Maintenance $277.5 Thousand, 49.1% of FY 2023-24 Adopted Budget FULL YEAR: In January, paid Apex Asphalt Paving ($6.4k) and to SCA of Ca two months of street sweeping services ($3.7k). - Administration $285.2 Thousand, 56.4% of FY 2023-24 Adopted Budget FULL YEAR: In January, Alana Consulting for Hourly Building Official Services, e-Permit Development Plan Check Services (09/27/2023 thru 12/29/2023) ($44.7k).
- City Attorney $60.1 Thousand, 48.1% of FY 2023-24 Adopted Budget FULL YEAR: none paid in January. - City Audit $6 Thousand, 10.2% of FY 2023-24 Adopted Budget FULL YEAR: None. - Equipment / Improvements $80.1 Thousand, 73.5% of FY 2023-24 Adopted Budget FULL YEAR: In January, paid recurring software license fees ($2.8k).
- Building and Improvement $47.6 Thousand, 3.8% of FY 2023-24 Adopted Budget FULL YEAR: In January, none. - Building Maintenance $26.1 Thousand, 76.7% of FY 2023-24 Adopted Budget FULL YEAR: In January, paid building repair supplies ($2.0k).
DEMAND ACCOUNT REPORT For the period ending
January 31, 2024
Treasurer's Report - Part 3 of 4
January 31, 2024 December 31, 2023 Changes Higher /
(Lower) Comment
BEGINNING BALANCE $1,206,056.62 $1,179,949.82 $26,106.80 Receipts and Interest Earned
Receipts for the period $683,374.90 $609,278.77 $74,096.13 In January 2024, received ($293.6k) for January 2024 VLF SWAP; ($196.6k) for Secured Property Tax 12/10/23 Secured 4th Advance January 4 2024 - Monte Sereno; ($106.2k) for Secured Property Tax 12/10/23 Secured Final January 19 2024 - Monte Sereno; ($10.4k) from Waste Connection for franchise tax; ($40.9k) from Building Permits; Gas Tax Revenue ($7.3k); COPS ELEAS pass-thru Grant ($8.3k); SB-1 revenue ($6.3k).
Investment receipts during the period $0.00
Interest earned $0.00 4
Total Receipts and Interest Earned $683,374.90 $609,278.77 $74,096.13 Less: Disbursements
Cash disbursements during the period $260,002.95 $524,182.41 ($264,179.46) Paid in January 2024, Police Services ($89.3k); Staff salaries net pay ($71.9k); Alana Consulting for Building Official services and Plan checks ($44.7k); CalPERS Health Insurance Premiums ($19.8k); and Apex Asphalt Pving ($6.4k).
Invested during the period $0.00
GASB 68 Report & SSA fee $0.00
EFT(PERS retirement) $17,650.34 $11,443.31 $6,207.03 New calandar tax year EFT (payroll taxes) $28,600.15 $23,357.55 $5,242.60 New calandar tax year EFT (PERS health) $19,841.81 $17,949.75 $1,892.06 Higher medical premium rates for the new 2024 year EFT (EDD payroll taxes) $6,509.17 $6,238.95 $270.22
Bank fees $0.00
Total Disbursements $332,604.42 $583,171.97 ($250,567.55) ENDING BALANCE $1,556,827.10 $1,206,056.62 $350,770.48
BALANCE IN DEMAND ACCOUNTS
Checking $448,549.45 $465,047.05 ($16,497.60)
Savings $1,108,277.65 $741,009.57 $367,268.08
TOTAL DEMAND ACCOUNTS $1,556,827.10 $1,206,056.62 $350,770.48
FUND DISTRIBUTION IN DEMAND ACCOUNTS
General $389,941.43 $62,200.47 $327,740.96
Law Enforcement $511,097.21 $502,763.88 $8,333.33 Received FY 2023-24 COPS ELEAS Growth pass-thru grant ($8.3k) Traffic Safety $62,282.47 $61,631.84 $650.63 Bails and Fines - November 2023 Community Center Capital Campaign $5,000.00 $5,000.00 $0.00 Received second contribution towards the Monte Sereno Community Center Gas Tax (2107) $511,859.53 $498,189.35 $13,670.18 Gas Tax Revenue ($7.3k) and SB-1 Revenue ($6.3k).
Storm Drain $69,523.86 $69,523.86 $0.00
Surety Trust $72.75 $72.75 $0.00
Loma Serena Ltg $7,010.91 $6,635.53 $375.38 Secured Property Tax 12/10/23 Secured 4th Advance January 4 2024 - Loma Serena
Rose/Andrews Ltg. $38.94 $38.94 $0.00
Total $1,556,827.10 $1,206,056.62 $350,770.48
City of Monte Sereno
Investment Accounts
Local Agency Investment Fund Wells Fargo Accounts Custodian For the period ending
January 31, 2024
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
12/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF) To Wells
Fargo Advisors
1/31/2024 Comments
97,509.04 1,524.05 99,033.09 LAIF Interest earned from 10/01/2023 thru 12/31/2023
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
97,509.04 1,524.05 0.00 0.00 99,033.09
0.00 0.00
1,085.15 16.96 1,102.11 LAIF Interest earned from 10/01/2023 thru 12/31/2023 21,000.00 21,000.00
27,042.53 27,042.53
0.00 0.00
6,751.00 6,751.00
55,878.68 16.96 0.00 0.00 55,895.64
153,387.72 1,541.01 0.00 0.00 154,928.73
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
January 31, 2024
Treasurer's Report - Part 4 of 4
ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT Wells Fargo Advisors GENERAL FUND RESERVE ACCOUNT Undesignated Reserve
Economic Fluctuation Reserve
Capital Improvement Program Reserve
Property Improvement Reserve
Other Post Emplpoyment Benefits
(OPEB)
01-035 Subtotal Unrestricted Reserves
05-035 Trafffic Safety
12-035 2107 GAS TAX
25-035 Storm Drain
30-035 Surety Trust
Building Fund
40-035 Loma Serena Ltg.
Subtotal Restricted Reserve
Total General Fund Reserve -
Wells Fargo Advisors
12/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF) To Wells
Fargo Advisors
1/31/2024 Comments
266,823.44 18,638.09 285,461.53 Interest earned on T-Bills 3,500,000.00 3,500,000.00
500,000.00 500,000.00
200,000.00 200,000.00
0.00 0.00
4,466,823.44 18,638.09 0.00 0.00 4,485,461.53
0.00 0.00
140,982.84 588.26 141,571.10 Interest earned on T-Bills
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
140,982.84 588.26 0.00 0.00 141,571.10
4,607,806.28 19,226.35 0.00 0.00 4,627,032.63
-
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
January 31, 2024
Treasurer's Report - Part 4 of 4
ALL FUNDS REPORT
LAIF GENERAL FUND RESERVE ACCOUNT SAVINGS ACCOUNT #5508 01-015 General
01-015 Economic Fluctuation Reserve
01-015 Capital Improvement Program Reserve
01-015 Property Improvement Reserve
01-015 Other Post Emplpoyment Benefits
(OPEB)
01-015 Total General Fund Reserve - LAIF
03-015 Law Enforecment
05-015 Traffic Safety
07-015 Community Center Capital Campaign
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
12/31/2023
Revenue Interest
and
(Disbursements)
Transfers within
WFB between 5508
and 2153
Transfer in/(Out)
(From WFB 5508 to
LAIF) To Wells
Fargo Advisors
1/31/2024 Comments
(402,846.58) 660,345.38 (316,106.82) (58,608.02)
In January 2024, received ($293.6k) for January 2024 VLF SWAP; ($196.6k) for Secured Property Tax 12/10/23 Secured 4th Advance January 4 2024 - Monte Sereno; ($106.2k) for Secured Property Tax 12/10/23 Secured Final January 19 2024 - Monte Sereno; ($10.4k) from Waste Connection for franchise tax; ($40.9k) from Building Permits.
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
(402,846.58) 660,345.38 (316,106.82) 0.00 (58,608.02)
502,763.88 8,333.33 511,097.21 COPS ELEAS pass-thru Grant ($8.3k); 61,631.84 650.63 62,282.47 Bails and Fines - November 2023 5,000.00 5,000.00
498,189.35 13,670.18 511,859.53 Gas Tax Revenue ($7.3k) and SB-1 revenue ($6.3k). 69,523.86 69,523.86
72.75 72.75
6,635.53 375.38 7,010.91 Secured Property Tax 12/10/23 Secured 4th Advance January 4 2024 - Loma Serena
38.94 38.94
741,009.57 683,374.90 (316,106.82) 0.00 1,108,277.65
465,047.05 (332,604.42) 316,106.82 448,549.45
Paid in January 2024, Police Services ($89.3k); Staff salaries net pay ($71.9k); Alana Consulting for Building Official services and Plan checks ($44.7k); CalPERS Health Insurance Premiums ($19.8k); and Apex Asphalt Pving ($6.4k).
5,967,250.62 371,537.84 0.00 0.00 6,338,788.46
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 - Apr 02 2024
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Adoption of 2024-2025 City Council Goals
Recommendation(s):
It is recommended that the City Council Adopt the 2024-2025 City Council Goals and Accept the Summary Notes and related materials, which inform the Council’s consensus direction set at the Study Session.
Background Information:
The Monte Sereno City Council conducts an Annual Goal Setting Study Session. This year’s Study Session was held on Tuesday, March 19, 2024.
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:
FY24-25 City Council Goals
I. Provide Quality Public Services
A. Maintain Fiscal Prudence
1. Plan the Green Stormwater Infrastructure project required by State law
2. Review and amend City of Monte Sereno Financial Policies a) Review and amend, if required, the City of Monte Sereno’s investment policy b) Consider migration to a biannual budget from an annual budget process/cycle B. Improve Governance and Operations
1. Review, evaluate, and select a new financial reporting system for the City of Monte Sereno’s general accounting system to better facilitate internal controls C. Engage Community Members
1. Build Monte Sereno’s Community Center
2. Review and improve the City of Monte Sereno website with easier access to historical minutes and recordings
II. Maintain Community Character
A. Update General Plan
B. Review and assess alternatives to offering affordable housing in Monte Sereno III. Enhance Mobility for Residents
IV. Maintain Community Safety
A. Provide safe evacuation routes throughout the City of Monte Sereno including:
1. Assess evacuation routes for blockage due to fallen trees from public and private property
2. Increase awareness of the fire/wind danger related to poorly maintained vegetation
3. Work with Los Gatos and Saratoga to create a joint Highway 9 Committee
4. Involve State Senator Becker, Assemblymember Pellerin, Caltrans and others
5. Look into available grant funding
B. Consider an additional NICP for Monte Sereno
C. Installation of Flock Cameras citywide
D. Recruit more 10 more CERT members in 2024-2025
E. Finalize evaluation of the LGMSPD contract options
F. Update the City of Monte Sereno Wireless Ordinance
V. Enhance Environmental Sustainability
A. Promote low-water and low-fire landscaping alternatives for residents B. Encourage water conservation and support the move to lower carbon emissions in Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Daryl Jordan, City Engineer
Department: City Engineer
Title: Consideration of Daves Avenue “S” Curve Safety Measures Recommendation(s):
Staff Recommends the City Council consider the proposed safety measures to improve the “S” Curve on Daves Avenue and resident input on those measures and provide direction to staff.
Background Information:
The Daves Avenue “S” Curve Project originated from multiple safety concerns. Several vehicular accidents have occurred from westbound traffic entering the bottom of the curves at high speeds. As a result, public mailboxes, pavement and curbs have been damaged.
Fortunately, no serious injuries to drivers, pedestrians or cyclists have occurred.
As a result of past incidents, additional concerns were discussed regarding traffic calming mechanisms to reduce speeds, protect pedestrians and cycling. Staff contracted with a reputable traffic engineering consultant, Kimley Horn and Associates, to design and provide a multitude of options to enhance safety along the corridor. These measures included striping to narrow the width of travel lanes, striped bike lanes, vertical bollards, zebras (bumps) and signage.
As reported last December, the design plans were completed and delivered to staff. The staff report stated public outreach events would be scheduled early and that the results would be reported back to the City Council.
Two outreach events were hosted at City Hall. The first event took place in early January and the second meeting was held on the evening of March 4th. The first meeting held had 4 participants and the second meeting registered sixteen local residents including the local school principal. Each element of the safety plan was presented to the attendees. Every attendee contributed to the discussion and commented on which safety elements they were in favor of. The following poll summarizes their feedback:
Speed Tables 100% Support
Bollards 100% Oppose
Extension of Sidewalk 100% Support
Flashing Speed Sign 100% Support
Striping Majority Opposed (thought not to be effective) Additional input outside of the “S” Curve scope included interest in adding an additional stop sign at Equestrian Way, which would require a warrant study.
Analysis:
The outreach events were very successful in regards to resident input and preference.
Residents clearly support the installation of improvements along the “S” Curve. If approved by City Council, Staff can utilize the community input to move forward on the elements supported including a portion of sidewalk. These elements include installation of speed tables located before each curve and in the middle of the corridor. The speed tables will have a direct effect on excessive speeds creating a jarring affect within the vehicle prior to entering the curves.
The speed tables are an approved standard by our local Fire Department. The added sidewalk around the bottom curve will create a barrier at the location of the historic accident zones. The additional curb, gutter and sidewalk will be targeted for the area at the base of the curves where the mailboxes have been taken out from prior accidents. If budget allows the sidewalk will follow the curve and head as far east as budget will allow. This will create a safer path for pedestrians. Staff will look for future projects to continue the sidewalks along the route to school.
If approved by City Council, this project can be added to the annual city pavement project this year, to save costs.
Fiscal Impact:
The 2023-2024 City Budget includes $60,000 for the construction of this project. The estimated costs of the elements are within the approved budget with the possible exception of the sidewalk which will depend on the length of the sidewalk.
Alternatives:
1. Accept input from local residents and incorporate improvements into the project including; (3) speed tables, speed feedback sign and a portion of sidewalk. These elements would be bid with the annual city pavement project this year.
2. Choose to fully implement all the speed reduction elements of the existing plan including bollards with no speed tables.
3. Choose to not move forward with the safety project at this time.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: Ordinance Amending the Chapter 6.10 and Title 9 of the Monte Sereno Municipal Code to Comply with Senate Bill 1383
Recommendation(s):
Introduce an Ordinance titled, “An Ordinance of the City Council of the City of Monte Sereno Amending Title 6, Chapter 6.10, Solid Waste, Organic Waste, and Recyclable Materials and Title 9 by Adding Chapter 9.10, Construction & Demolition Debris Diversion of the Monte Sereno Municipal Code."
Background Information:
In September 2016, Governor Jerry Brown signed into law Senate Bill 1383 (SB 1383) with regulations finalized in November 2020. The purpose of this bill is to establish methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). While SB 1383 addresses a number of issues related to organics recycling, it also requires jurisdictions to have a mechanism to enforce a 65% recovery rate on construction and demolition (C&D) debris. All projects that require a local construction permit must divert at least 65% of their C&D away from landfills. At the December 5, 2022 West Valley Solid Waste Management Authority (the Authority) Board Meeting, the Board directed the Authority to establish a non-exclusive system for collecting and recycling Construction and Demolition (C&D) debris, to become effective on March 1, 2024.
The Authority presented the Board with a recommendation to manage C&D materials in an effective way that allows for competition, improved service, compliance with SB 1383, and more accurate reporting. The Board accepted the recommendation and directed the Authority staff to develop regulatory documents and criteria for selecting C&D collection contractors and certified C&D processing facilities.
Analysis:
City staff worked closely with Authority staff develop the proposed updates to the City’s Municipal Code to implement the non-exclusive system. The updates provide for a nonexclusive construction and demolition debris removal process and add definitions provided in SB 1383. A redline showing the proposed changes are attached as Attachment 1 and the clean ordinance for introduction is contained in Attachment 2.
Fiscal Impact:
There is no fiscal impact for this item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Draft Ordinance Redline
Ordinance No. NS-241
‐ Municipal Code
Title 6 ‐ SANITATION AND HEALTH
Chapter 6.10 SOLID WASTE, ORGANIC WASTE, AND RECYCLABLE MATERIALS Monte Sereno, California, Code of Ordinances
Title 6 SANITATION AND HEALTH
Chapter 6.10 SOLID WASTE, ORGANIC WASTE, AND RECYCLABLE MATERIALS Sections:
6.10.010 Definitions.
For purposes of this Chapter the following terms shall have the meaning set out below.
A. “Approved C&D Processing Facility” means any of the CALGreen‐compliant facilities, used to process C&D, that have been approved by the Regional Agency.
B. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
C. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities.
D. "Blue Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Ssource Sseparated Rrecyclable Mmaterials or Source Separated Blue Container Organic Waste.
E. "City" means the City of Monte Sereno, California, a political subdivision of the State of California, and its duly authorized representatives.
F. "City Enforcement Official" has the same meaning as "Enforcement Official" as defined in Section
5.01.010.
G. "Commercial Business" or “Commercial” means a non‐residential premises including a firm, partnership, proprietorship, joint‐stock company, corporation, or association where business activity is conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property that are permitted under applicable zoning regulations and are not the primary use of the property, whether for‐profit or nonprofit, strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi‐family is excluded from the definition of commercial business.means a firm, partnership, proprietorship, joint‐stock company, corporation, or association, whether for‐profit or nonprofit, strip mall, industrial facility, or a multi‐family residential premises with five (5) or more units, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(6). A multi‐family residential premises that consists of fewer than five (5) units is not a commercial business for purposes of implementing this ordinance.
EH. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 Cal. Code Regulations sections 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
(g)I. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on‐site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(h)J. "Compliance Review" means a review of records by the City or its designee to determine compliance with this chapter.
H(i)K. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
(j)L. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(k)M. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
F.N. "County" means the County of Santa Clara, California.
GO. "County Enforcement Official" means any official of an authorized department of the County of Santa Clara designated by the City to enforce or administer any portion of this Chapter.
P. "Customer" means the person who receives the exclusive or C&D hauler's services and to whom the exclusive or C&D hauler submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or designated responsible person by the owner of the premises, as allowed under the City code.
HQ. “Construction and Demolition Debris” or “C&D Debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.
R. “C&D Hauler” means the collection contractor that has been granted the exclusive or non‐exclusive rights to collect C&D debris in the City through the agreement entered into by the collection contractor and the Regional Agency.
S. “Covered Project” means and includes any project which meets the thresholds set forth in section
9.10.010.
T. "C&D" means construction and demolition debris. "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(r)U. "Discarded Materials" means recyclable materials, organic materials, and solid waste discarded by a generator for the purposes of collection by hauler and/or self‐hauling, excluding excluded waste. (s)V. "Disposal" or "Dispose" (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.
W. “Dwelling Unit” means any individual living unit in a single‐family dwelling, multi‐family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
IX. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 Cal.
Code Regulations section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Y. "Enforcement Action" means an action of the City or Regional Agency to address non‐compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(v)Z. "Enforcement Entity" means an appointed designee for the enforcement of this chapter. A designee may be the City enforcement official, Regional Agency's enforcement official, County Enforcement Official, other designee, or a combination or those entities.
JAA. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, or that would present a significant risk to human health or the environment, or cause a nuisance; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single‐family or multi‐family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, or latex paint when such materials are defined as allowable materials for collection through the Regional Agency's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Regional Agency or its designee for collection services.
BB. “Exclusive Hauler" means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, in the City through the agreement entered into by the collection contractor and the Regional Agency.
(y)CC. "Food Distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
KDD. "Food Facility" has the same meaning as set forth in section 113789 of the Health and Safety Code.
LEE. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(24).
MFF. "Food Recovery Organization" shall have the meaning set forth in 14 Cal. Code Regulations section 18982(a)(25), and means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. A food bank as defined in section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in section 113841 of the Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this Chapter.
NGG. "Food Recovery Service" is defined in 14 Cal. Code Regulations section 18982(a)(26), and means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
HH. "Food Scraps" means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste.
Food scraps exclude fats, oils, and grease when such materials are source separated from other food scraps.
(ee)II."Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (ff)JJ. "Food‐Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food‐soiled paper is a subset of food waste.
(gg)KK. "Food Waste" includes food scraps and food‐soiled paper, and includes compostable plastics, unless City, its designee, Regional Agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.
OLL. "Generator" means any person who generates or otherwise creates, by their own action or consumption, any solid waste, organics materials, or recyclable materials, on any parcel within the City.
PMM. "Gray Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Solid Waste and excluding Organic Waste.
QNN. "Green Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
OO. "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and dead trees (not more than three (3) inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the premises. (jj)PP."Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ll)RR.
RSS. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 Cal. Code Regulations section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy‐five (75) percent after January 1, 2025, as calculated pursuant to 14 Cal. Code Regulations section 18815.5(e) for Organic Waste received from the "Mixed waste organic Formatted: Justified
collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
TT. "Inspection" means a site visit where a City, its Designee, or Regional Agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(35).
VV. "Local Education Agency" means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
T.WW. "Multi‐Family Residential Premises" or "Multi‐Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi‐family residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five (5) dwelling units shall be considered a single‐ family premises for the purpose of this Chapter.
XXZZ. "Non‐Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
YYAAAU. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
ZZBBB. “Occupant” means the Person who occupies a premises.
VAAACCC. "Organic Materials" means green waste, food waste, lumber, and wood waste.
WBBBDDD. "Organic Waste" means solid waste material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(46).
(yy)CCCEEE. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
DDDFFF. “Overage” means Discarded Materials exceeding the container's intended capacity such that the container’s lid is lifted by at least one (1) inch (or would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded materials placed on top of or in the immediate vicinity of the container, excluding allowed cardboard.
EEEGGG. “Owner” means the Person(s) holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).
FFFHHH. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
GGGIII. “Premises” means any land or building in the City where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.
(aaa)HHHKKK. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(bbb)IIILLL. "Process" or "Processing" (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materialsincluding, but not limited to, organized, manual, automated, or mechanicalsorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
XJJJMMM. "Prohibited Container Contaminants" means the following: (i) discarded materials, other than source separated recyclable materials that are identified as acceptable for placement in the blue container by the Regional Agency or the Regional Agency's franchised hauler, that are placed in the blue container; (ii) discarded materials, other than as source separated organic waste that is identified as acceptable for placement in the green container by the Regional Agency or the Regional Agency's franchise hauler, that is placed in the green container; (iii) discarded materials placed in the grey container that are recyclable materials or organic waste that could be properly placed in either a green container or blue container as source separated recyclable materials or source separated organic waste in accordance with collection requirements for blue and green containers; and (iv) excluded waste placed in any container.
KKKNNN. “Recovered Organic Waste Products" means products made from California, landfill‐diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(eee)LLLOOO. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
YMMMPPP. "Recyclable Materials" materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the City’s programs shall be specified from time to time by the Regional Agency.means reusable materials, including, but not limited to, metals, E‐Waste, paper, plastic, film plastics, glass, textiles, and used oil and used oil filters which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form.
NNNQQQ. "Recycled‐Content Paper" means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
ZOOORRR. "Regional Agency" means the West Valley Solid Waste Management Authority.
AAPPPSSS. "Regional Agency Enforcement Official" means a designated enforcement official from the Regional Agency or other regional or County agency, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with the City Enforcement Official.
QQQTTT. "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. (lll)RRRUUU. "Renewable Gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in‐vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (mmm)
(nnn)SSSWWW. "Route Review" means a visual inspection of discarded materials containers along a hauler route for the purpose of determining container contamination, and may include mechanical iInspection methodssuch as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
TTTXXX. “Salvage” means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.
BBUUUYYY."SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, as may be subsequently amended.
VVVZZZ. “SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the short‐lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
CCWWWAAAA. "Self‐Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another person. Self‐hauler also includes a person who back‐hauls waste, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(66). Back‐haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(66)(A). Self‐hauler also includes a landscaper.
XXXBBBB. “Service Level” refers to the size of a customer’s container(s) and the frequency of Collection service.
(rrr)YYYCCCC. "Share Table" has the same meaning as in Section 114079 of the Health and Safety Code.
ZZZDDDD. "Single‐Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
AAAAEEEE. "Solid Waste" has the same meaning as defined in Public Resources Code section 40191.
BBBBFFFF. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 Cal.
Code Regulations section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Solid Waste for the purposes of collection and processing.
CCCCGGGG. "State" means the State of California.
DDDDKKKK.“Transportation” or “Transport” means the act of conveying collected materials from one location to another.
(cccc)EEEELLLL. "West Valley Clean Water Authority" means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
FFFFNNNN. “Universal Waste” means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E‐waste.
6.10.020 Single‐family premises requirements.
A. Any owner, occupant, or property manager of a single‐family premises, except those that that meet the self‐ hauler requirements in Section 6.10.080, shall subscribe to the Regional Agency's discarded materials collection services of Regional Agency's franchised hauler for all solid waste generated on the premises. The City Enforcement Official or Regional Agency Enforcement Official shall have the right to review the number Formatted: Indent: Hanging: 0.33"
and size of a containers for the premises to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, any owner or occupant of the single‐family premises shall adjust the service level for its collection services at the premises as determined necessary by such official to ensure adequate sanitation on the premises and removal and treatment of solid waste, organic waste, and recyclable materials from the premises in accordance with requirements of State law. Generators may additionally manage their solid waste by preventing or reducing their discarded materials, by managing organic waste on‐site, and/or using a community composting site pursuant to 14 Cal. Code Regulations section 18984.9(c).
B. With exception of permitted self‐haulers that haul waste in accordance with the requirements of this Chapter, any generator occupying any single‐family premises shall place source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the grey container.
(Ord. No. NS‐227 , § 2, 11‐2‐2021)
6.10.030 Commercial business and multi‐family residential requirements.
A. The owner, manager or operator of any commercial businesses or multi‐family residential premises shall comply with the following requirements:
(1) With exception of permitted self‐haulers that haul all waste in accordance with this Chapter, the owner, manager or operator shall subscribe to Regional Agency's discarded materials collection services for the premises and comply with requirements of those services. The City Enforcement Official or Regional Agency Enforcement Official shall have the right to review the number and size of containers for the premises and the frequency of collection to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of materials and containment of materials to ensure adequate sanitation on the premises and removal and treatment of solid waste, organic waste, and recyclable materials from the premises in accordance with requirements of State law; and, the owner, operator, or manager of such premises shall adjust the service level for the collection services for such premises as determined necessary by such official. If the commercial businesses and multi‐family residential dwellings do not increase their service level as requested by the City, its designee, or Regional Agency, the City, its designee, or Regional Agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi‐family residential dwellings for the increased service level required to prevent overages. (2) With exception of premises where the owner, manager or operator self‐hauls waste in accordance with this Chapter, the owner, manager or operator of such premises shall ensure that each generator on the premises shall participate in the Regional Agency's collection services by placing designated materials in designated containers, and that such generators shall place Source Separated Organic Materials, including food waste, in the Green container; Source Separated Recyclable Materials in the Blue container; and Solid Waste in the Grey Container.
(3) The owner, manager, or operator shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors or employees, contractors, tenants, and customers, consistent with Regional Agency's discarded materials collection service or, if self‐hauling, in a manner to support its compliance with its self‐haul program. (4) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic materials and source separated recyclable materials.
(5) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source
separated recyclable materials separate from solid waste and the location of containers and the rules governing their use at each property.
(6) Provide or arrange access for the City Enforcement Official and the Regional Agency Enforcement Official to premises during all inspections conducted in accordance with Section 6.10.100 to confirm compliance with the requirements of this Chapter.
B. Any owner, manager or operator of a commercial business (which shall not include a multi‐family residential premises) shall also comply with the following requirements:
(1) Provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Such containers provided at the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement provided by Regional Agency, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.
(ii) Container labels or other signage that shall include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 Cal. Code Regulations sections 18984.8 and 18984.9.
(2) To the extent practical through education, training, inspection, or other measures, shall prohibit employees from placing materials in a container not designated for those materials per the Regional Agency's collection service or, if self‐hauling, in a manner to support its compliance with its self‐haul program.
(3) Periodically inspect recyclable materials containers, organic materials containers, and solid waste materials containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 Cal. Code Regulations section 18984.9(b)(3).
C. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 Cal. Code Regulations section 18984.9(c).
6.10.040 Waivers for generators.
A. De Minimis Waivers. The City Enforcement Official or Regional Agency may waive the obligations imposed on the owner, manager, or operator of any commercial business or multi‐family residential premises to subscribe to collection service for recyclable materials or organic materials and to source separate such materials if such person provides documentation that the use of the premises generates recyclable materials and organic materials below the threshold identified in this Section. Such persons requesting a waiver based on their de minimis generation of such materials shall:
(1) Submit an application to City Manager or designee the City, Regional Agency, or exclusive hauler specifying the collection services that they are requesting a waiver from; and (2) Provide documentation that either:
(a) The total solid waste generated at the premises requiring collection service is two (2) cubic yards or more per week; and if seeking waiver of organics collection, the organic waste materials generated at such premises is less than twenty (20) gallons per week of the total waste; and if seeking waiver of recyclables collection, the total recyclable materials generated at such premises is less than twenty (20) gallons per week of the total waste; or (b) The total solid waste generated at the premises requiring collection service is less than two (2) cubic yards per week; and if seeking waiver of organics collection, the organic waste materials generated at such premises is less than ten (10) gallons per week of the total waste; and if seeking waiver of recyclables collection, the total recyclable materials generated at such premises is less than ten (10) gallons per week of the total waste. (3) Pay any applicable application fee, which may be established by resolution of the City Council or Regional Agency.
Any person granted such a waiver shall provide written verification of continued eligibility to the City and Regional Agency every five (5) years, or other interval deemed appropriate by the City or Regional Agency for special circumstances. Such person shall also notify the City Enforcement Official and Regional Agency if circumstances change such that the premises exceeds the above thresholds allowing for issuance of a waiver, in which case waiver shall be deemed rescinded.
B. Physical Space Waivers. The City Enforcement Official or Regional Agency may waive the obligations imposed on the owner, manager, or operator of any commercial business or multi‐family residential premises to comply with some or all of the recyclable materials or organic waste collection service requirements if the City has evidence from its own staff, the Regional Agency'’s franchised hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this Chapter.
A person may request a physical space waiver through the following process:
(1) Submit an application form to City Manager or designee specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials or organic materials containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Pay any applicable application fee, which may be established by resolution of the City Council or Regional Agency.
Any person granted such a waiver shall provide written verification of continued eligibility to the City Enforcement Official and Regional Agency every five (5) years, or other interval deemed appropriate by the City or Regional Aagency for special circumstances.
6.10.070 Requirements for haulers.
A. Any exclusive hauler providing discarded materials collection of recyclable materials, organic waste, C&D,or solid waste within the City shall comply with the following requirements and standards with respect to the collection of such materials:
(1) Through written notice to the City annually on or before January 1, identify the facilities to which they will transport organic waste.
(2) The hauler shall transport source separated organic materials to a facility, operation, activity, or property that recovers Organic Waste in accordance with applicable requirements in 14 Cal. Code Regulations, Division 7, Chapter 12, Article 2 and shall comply with all requirements in 14 Cal. Code Regulations, Division 7, Chapter 12, Article 3.
(3) The hauler shall transport solid waste to an appropriate disposal facility, and shall transport source separated recyclable materials to an appropriate facility that recovers recyclable materials. (4) Comply with all education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within any franchise agreement entered into either with the City or with the Regional Agency.
(5) The hauler shall comply with reporting requirements in 14 Cal. Code Regulations 18815.4.
This section shall not apply to a hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing with Section 41950 of the Public Resources Code, transports source separated organic waste to a community composting site; or a hauler that is lawfully transporting construction and demolition debris in compliance with 14 Cal. Code Regulations section 18989.1..
B. Exclusive haulers shall have the sole and exclusive right for discarded materials collection services provided for in this code for all residential, multi‐family, and commercial businesses located within the City, with the following exceptions:
(1) Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (i) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or, (ii) have a value equal to or more than the cost of collection. (2) Commercial business owner or resident may collection and transport discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler. (3) Any items that are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations. (4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator. (5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self‐hauled by generator or hauled by another party. (6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. (7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree‐ trimming service, residential clean‐out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service which is not provided by the exclusive hauler. (8) Organic materials composted on a residential premises or otherwise legally managed at the site where it is generated or at a community composting site.
(9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By‐products of sewage treatment, including sludge, sludge ash, grit, and screenings. (11) Excluded materials regardless of their source.
(12) Materials generated by State and County facilities located in the City, including but not limited to public schools, provided that the facility self‐hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.
C. Any C&D hauler providing C&D collection services to generators within the City’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and Regional Agency.
6.10.100 Prohibited practices.
A. No person shall place any prohibited container contaminants into any collection containers that are a part of the Regional Agency's collection service.
B. No person shall deposit solid waste in any City sewer or plumbing fixture connected thereto, except through residential food scrap disposal units, nor shall any person bury or burn of solid waste within the City.
C. No person shall place, deposit, scatter, or cause to be placed any rubbish, garbage, brush, trimmings, junk, disabled or discarded automobiles, or other solid waste materials or excluded waste upon any portion of the public streets, alleys, or other public property, other than in a container designated for such purposes consistent with the collection requirements under this Chapter.
D. No owner or occupant of any premises shall permit or allow the accumulation of any solid waste that is, or may become, a menace to health and sanitation, or a fire hazard.
E. No person shall place, deposit, or keep any solid waste on any premises, except in containers with correct tight‐fitting lids, and of sufficient capacity to hold any accumulation of solid waste generated between scheduled collections or self‐hauling. Containers shall be maintained in a sanitary and serviceable condition with lids closed. Containers shall not be overfilled such that they attract animals or create litter. Containers shall not be stored on any public right‐of‐way or property (unless they are serving that property) and shall be stored so as to be screened from public view. Yard trimmings and other putrescible organic materials may be kept in a small pile as a properly managed compost heap, all of which shall be out of general public view and not become a nuisance.
F. All C&D debris shall be containerized in roll‐off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed on a public right‐of‐way or private alley.
G. The exclusive hauler for collection of discarded materials is granted by the City the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which containers are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the Regional Agency.
6.10.120 Contract.
A. For the collection, disposal, and processing of discarded materials, a contract may be entered into by the City or Regional Agency in accordance with the terms and conditions of this Chapter.
B. For the collection and transport of C&D debris, an exclusive or non‐exclusive contract may be entered into by the City or Regional Agency in accordance with the terms and conditions of this Chapter. The Regional Agency may impose a limit on the number of non‐exclusive C&D haulers.
Chapter 9.10 CONSTRUCTION & DEMOLITION DEBRIS DIVERSION Sections:
9.10.010‐ Covered projects.
A. Persons applying for a permit from the City for new construction, building renovation, remodel, additions or alterations and demolition projects shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this section, the CALGreen requirements shall apply.
B. All projects within the City, including City‐sponsored projects, shall be subject to the Waste Management Plan requirement of section 9.10.060.
C. All new construction and demolition projects within the City, including City‐sponsored projects, shall comply with this Chapter and shall submit a Waste Management Plan prior to the beginning of any construction and demolition activities:
(1) Newly constructed buildings and demolition
(2) Non‐residential renovation, remodel, addition, or alterations to an existing structure within the City, as determined by the building official
(3) Residential renovation, remodel, addition, or alternations that increase the structure’s conditioned area, volume, or size, as determined by the building official
9.10.020‐ Requirement to divert C&D debris.
A. This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(1) 4.408.1 Construction Waste Management Residential (recycling requirements) (2) 5.408.1 Construction Waste Management Non‐Residential (recycling requirements) (3) 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements) (4) 5.410.1 Recycling by Occupants Non‐Residential (recycling enclosure requirements) (5) 5.408.2 Diversion by Waste Management Non‐Residential (universal waste diversion requirements) B. It is required that at least sixty‐five (65) percent of waste tonnage and one hundred (100) percent of excavated soil from new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be diverted from disposal.
9.10.030‐ Deconstruction, salvage, and recovery.
A. Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition.
B. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this Chapter.
9.10.040‐ Approved C&D processing facilities.
A. The Regional Agency is authorized to designate and approve C&D processing facilities. The Regional Agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the Regional Agency and shall obtain third party certification for mixed C&D processing.
B. A mixed C&D processing facility is required to obtain third party certification prior to registration with the Regional Agency. The Regional Agency will apply the standards described in the then‐current facility certification program, consistent with the procedures set forth in this chapter, to determine whether a facility qualifies for approval of registration. Any facility certified under a terminated certification program must reapply and receive certification under the then‐current program.
C. C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the Regional Agency.
9.10.050‐ Reporting.
A. No later than thirty (30) days following the completion of a covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and requirement set forth in section
9.10.20 and submit documentation to department of public works that demonstrates compliance with the requirements of this chapter.
B. The documentation shall be submitted in a form consistent with City requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies.
C. Progress reports during construction may be required.
D. All documentation submitted pursuant to this section is subject to verification by City.
E. It is unlawful for any person to submit documentation to City under this section that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.
9.10.060‐ Violation or misdemeanor.
A. Each violation of the provisions of this chapter shall constitute a misdemeanor and be subject to the provisions of Section 1.01.010 of this code. In addition, each violation of the provisions of this chapter may be enforced in accordance with Title 5 of this code.
9.10.070‐ Responsible party.
A. Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter.
9.10.080‐ Severability.
A. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City and Regional Agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.
ORDINANCE NO. NS-241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING MONTE SERENO MUNICIPAL CODE TITLE 6, CHAPTER 6.10, ‘SOLID WASTE, ORGANIC WASTE, AND RECYCLABLE MATERIALS’ AND TITLE 9 BY ADDING CHAPTER 9.10, ‘CONSTRUCTION & DEMOLITION DEBRIS DIVERSION’ WHEREAS, in September 2016, Governor Jerry Brown signed into law Senate Bill 1383 (SB 1383), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants; and WHEREAS, SB 1383 established targets to achieve 50 percent reduction in the level of statewide disposal of organic waste from 2014 levels by 2020 and a 75 percent reduction by 2025; and
WHEREAS, an Ordinance in compliance with SB 1383 requirements was adopted by the City Council on November 10, 2021; and
WHEREAS, the City is a member of the West Valley Solid Waste Management Authority; and
WHEREAS, the Solid Waste Management Authority has recommended that the City update its City Municipal Code provisions related to the collection of construction and demolition debris and organic waste; and
WHEREAS, an amendment to Title 6, Chapter 6.10, ‘Solid Waste, Organic Waste, and Recyclable Materials’ is recommended to update definitions to comply with SB 1383 WHEREAS, an amendment to Title 9 to add Chapter 9.10, ‘Construction & Demolition Debris Diversion’ is recommended to provide a nonexclusive process for construction and demolition debris removal process.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monte Sereno as follows:
Section 1. Section 6.10.010 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.010 Definitions.
For purposes of this Chapter the following terms shall have the meaning set out below.
A. “Approved C&D Processing Facility” means any of the facilities, used to process C&D, that have been approved by the Regional Agency.
B. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
C. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities.
D. "Blue Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
E. "City" means the City of Monte Sereno, California, a political subdivision of the State of California, and its duly authorized representatives.
F. "City Enforcement Official" has the same meaning as "Enforcement Official" as defined in Section 5.01.010.
G. "Commercial Business" or “Commercial” means a non-residential premises including a firm, partnership, proprietorship, joint-stock company, corporation, or association where business activity is conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property that are permitted under applicable zoning regulations and are not the primary use of the property, whether for-profit or nonprofit, strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception that multi-family is excluded from the definition of commercial business.
H. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 Cal. Code Regulations sections 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
I. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred (100) cubic yards and seven hundred fifty (750) square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
J. "Compliance Review" means a review of records by the City or its designee to determine compliance with this chapter.
K. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
L. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
M. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
N. "County" means the County of Santa Clara, California.
O. "County Enforcement Official" means any official of an authorized department of the County of Santa Clara designated by the City to enforce or administer any portion of this Chapter.
P. "Customer" means the person who receives the exclusive or C&D hauler's services and to whom the exclusive or C&D hauler submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or designated responsible person by the owner of the premises, as allowed under the City code.
Q. “Construction and Demolition Debris” or “C&D Debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.
R. “C&D Hauler” means the collection contractor that has been granted the exclusive or non-exclusive rights to collect C&D debris in the City through the agreement entered into by the collection contractor and the Regional Agency.
S. “Covered Project” means and includes any project which meets the thresholds set forth in section 9.10.010.
T. "Designee" means an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
U. "Discarded Materials" means recyclable materials, organic materials, and solid waste discarded by a generator for the purposes of collection by hauler and/or self-hauling, excluding excluded waste.
V. "Disposal" or "Dispose" (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility.
W. “Dwelling Unit” means any individual living unit in a single-family dwelling, multi-family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
X. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance requires or authorizes the recovery of
Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Y. "Enforcement Action" means an action of the City or Regional Agency to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Z. "Enforcement Entity" means an appointed designee for the enforcement of this chapter. A designee may be the City enforcement official, Regional Agency's enforcement official, County Enforcement Official, other designee, or a combination or those entities.
AA. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, or that would present a significant risk to human health or the environment, or cause a nuisance; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with sections 41500 and 41802 of the Public Resources Code.
Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, or latex paint when such materials are defined as allowable materials for collection through the Regional Agency's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Regional Agency or its designee for collection services.
BB. “Exclusive Hauler" means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, in the City through the agreement entered into by the collection contractor and the Regional Agency.
CC. "Food Distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
DD. "Food Facility" has the same meaning as set forth in section 113789 of the Health and Safety Code.
EE. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(24).
FF. "Food Recovery Organization" shall have the meaning set forth in 14 Cal.
Code Regulations section 18982(a)(25), and means an entity that engages in
the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to:
1. A food bank as defined in section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in section 113841 of the Health and Safety code; and
3. A nonprofit charitable temporary food facility as defined in section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this Chapter.
GG. "Food Recovery Service" is defined in 14 Cal. Code Regulations section 18982(a)(26), and means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
HH. "Food Scraps" means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste. Food scraps exclude fats, oils, and grease when such materials are source separated from other food scraps.
II. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
JJ. "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.
KK. "Food Waste" includes food scraps and food-soiled paper, and includes compostable plastics, unless City, its designee, Regional Agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.
LL. "Generator" means any person who generates or otherwise creates, by their own action or consumption, any solid waste, organics materials, or recyclable materials, on any parcel within the City.
MM."Gray Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Solid Waste and excluding Organic Waste.
NN. "Green Container" has the same meaning as in 14 Cal. Code Regulations section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
OO. "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and dead trees (not more than three (3) inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the premises.
PP. "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
QQ. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 Cal. Code Regulations section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content recovery rate of fifty (50) percent between January 1, 2022 and December 31, 2024, and seventy-five (75) percent after January 1, 2025, as calculated pursuant to 14 Cal. Code Regulations section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
RR. "Inspection" means a site visit where a City, its Designee, or Regional Agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(35).
SS. "Local Education Agency" means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
TT. "Multi-Family Residential Premises" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily residential premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five (5) dwelling units shall be considered a singlefamily premises for the purpose of this Chapter.
UU. "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not break down in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
VV. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
WW. “Occupant” means the Person who occupies a premises.
XX. "Organic Materials" means green waste, food waste, lumber, and wood waste.
YY. "Organic Waste" means solid waste material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(46).
ZZ. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
AAA.“Overage” means Discarded Materials exceeding the container's intended capacity such that the container’s lid is lifted by at least one (1) inch (or would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded materials placed on top of or in the immediate vicinity of the container, excluding allowed cardboard.
BBB.“Owner” means the Person(s) holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).
CCC."Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
DDD.“Premises” means any land or building in the City where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.
EEE."Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
FFF."Process" or "Processing" (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
GGG."Prohibited Container Contaminants" means the following: (i) discarded materials, other than source separated recyclable materials that are identified
as acceptable for placement in the blue container by the Regional Agency or the Regional Agency's franchised hauler, that are placed in the blue container; (ii) discarded materials, other than as source separated organic waste that is identified as acceptable for placement in the green container by the Regional Agency or the Regional Agency's franchise hauler, that is placed in the green container; (iii) discarded materials placed in the grey container that are recyclable materials or organic waste that could be properly placed in either a green container or blue container as source separated recyclable materials or source separated organic waste in accordance with collection requirements for blue and green containers; and (iv) excluded waste placed in any container.
HHH.“Recovered Organic Waste Products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
III. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
JJJ. "Recyclable Materials" materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the City’s programs shall be specified from time to time by the Regional Agency.
KKK."Recycled-Content Paper" means paper products and printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
LLL."Regional Agency" means the West Valley Solid Waste Management Authority.
MMM."Regional Agency Enforcement Official" means a designated enforcement official from the Regional Agency or other regional or County agency, designated by the City with responsibility for enforcing the ordinance in conjunction or consultation with the City Enforcement Official.
NNN."Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
OOO."Renewable Gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
PPP. "Route Review" means a visual inspection of discarded materials containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
QQQ.“Salvage” means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse.
RRR."SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, as may be subsequently amended.
SSS.“SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
TTT. "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 Cal.
Code Regulations section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 Cal. Code Regulations section 18982(a)(66)(A). Selfhauler also includes a landscaper.
UUU.“Service Level” refers to the size of a customer’s container(s) and the frequency of Collection service.
VVV. "Share Table" has the same meaning as in Section 114079 of the Health and Safety Code.
WWW."Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
XXX."Solid Waste" has the same meaning as defined in Public Resources Code section 40191.
YYY."Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 Cal. Code Regulations section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Solid Waste for the purposes of collection and processing.
ZZZ."State" means the State of California.
AAAA.“Transportation” or “Transport” means the act of conveying collected materials from one location to another.
BBBB."West Valley Clean Water Authority" means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
CCCC.“Universal Waste” means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.”
Section 2. Section 6.10.020 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.020 Single-family premises requirements.
A. Any owner, occupant, or property manager of a single-family premises, except those that that meet the self-hauler requirements in Section 6.10.080, shall subscribe to the Regional Agency's discarded materials collection services for the premises. The City Enforcement Official or Regional Agency Enforcement Official shall have the right to review the number and size of a containers for the premises to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, any owner or occupant of the single-family premises shall adjust the service level for its collection services at the premises as determined necessary by such official to ensure adequate sanitation on the premises and removal and treatment of solid waste, organic waste, and recyclable materials from the premises in accordance with requirements of State law. Generators may additionally manage their solid waste by preventing or reducing their discarded materials, by managing organic waste onsite, and/or using a community composting site pursuant to 14 Cal. Code Regulations section 18984.9(c).
B. With exception of permitted self-haulers that haul waste in accordance with the requirements of this Chapter, any generator occupying any single-family premises shall place source separated organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and solid waste in the grey container.”
Section 3. Section 6.10.030 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.030 Commercial business and multi-family residential requirements.
A. The owner, manager or operator of any commercial businesses or multi-family residential premises shall comply with the following requirements:
(1) With exception of permitted self-haulers that haul all waste in accordance with this Chapter, the owner, manager or operator shall subscribe to Regional Agency's discarded materials collection services for the premises and comply with requirements of those services. The City Enforcement Official or Regional Agency Enforcement Official shall have the right to review the number and size of containers for the premises and the frequency of collection to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of materials and containment of materials to
ensure adequate sanitation on the premises and removal and treatment of solid waste, organic waste, and recyclable materials from the premises in accordance with requirements of State law; and, the owner, operator, or manager of such premises shall adjust the service level for the collection services for such premises as determined necessary by such official. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the City, its designee, or Regional Agency, the City, its designee, or Regional Agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi-family residential dwellings for the increased service level required to prevent overages.
(2) With exception of premises where the owner, manager or operator self-hauls waste in accordance with this Chapter, the owner, manager or operator of such premises shall ensure that each generator on the premises shall participate in the Regional Agency's collection services by placing designated materials in designated containers, and that such generators shall place Source Separated Organic Materials, including food waste, in the Green container; Source Separated Recyclable Materials in the Blue container; and Solid Waste in the Grey Container.
(3) The owner, manager, or operator shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors or employees, contractors, tenants, and customers, consistent with Regional Agency's discarded materials collection service or, if self-hauling, in a manner to support its compliance with its self-haul program. (4) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic materials and source separated recyclable materials.
(5) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from solid waste and the location of containers and the rules governing their use at each property.
(6) Provide or arrange access for the City Enforcement Official and the Regional Agency Enforcement Official to premises during all inspections conducted in accordance with Section 6.10.100 to confirm compliance with the requirements of this Chapter.
B. Any owner, manager or operator of a commercial business (which shall not include a multi-family residential premises) shall also comply with the following requirements:
(1) Provide containers for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated
by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one (1) type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Such containers provided at the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement provided by Regional Agency, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. (ii) Container labels or other signage that shall include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 Cal. Code Regulations sections 18984.8 and 18984.9.
(2) To the extent practical through education, training, inspection, or other measures, shall prohibit employees from placing materials in a container not designated for those materials per the Regional Agency's collection service or, if self-hauling, in a manner to support its compliance with its self-haul program. (3) Periodically inspect recyclable materials containers, organic materials containers, and solid waste materials containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 Cal. Code Regulations section 18984.9(b)(3).
C. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 Cal. Code Regulations section 18984.9(c).” Section 4. Section 6.10.040 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.040 Waivers for generators.
A. De Minimis Waivers. The City Enforcement Official or Regional Agency may waive the obligations imposed on the owner, manager, or operator of any commercial business or multi-family residential premises to subscribe to collection service for recyclable materials or organic materials and to source separate such materials if such person provides documentation that the use of the premises generates recyclable materials and organic materials below the threshold identified in this Section. Such persons requesting a waiver based on their de minimis generation of such materials shall:
(1) Submit an application to the City, Regional Agency, or exclusive hauler specifying the collection services that they are requesting a waiver from; and (2) Provide documentation that either:
(a) The total solid waste generated at the premises requiring collection service is two (2) cubic yards or more per week; and if seeking waiver of organics collection, the organic waste materials generated at such premises is less than twenty (20) gallons per week of the total waste; and if seeking waiver of recyclables collection, the total recyclable materials generated at such premises is less than twenty (20) gallons per week of the total waste; or
(b) The total solid waste generated at the premises requiring collection service is less than two (2) cubic yards per week; and if seeking waiver of organics collection, the organic waste materials generated at such premises is less than ten (10) gallons per week of the total waste; and if seeking waiver of recyclables collection, the total recyclable materials generated at such premises is less than ten (10) gallons per week of the total waste.
(3) Pay any applicable application fee, which may be established by resolution of the City Council or Regional Agency.
Any person granted such a waiver shall provide written verification of continued eligibility to the City and Regional Agency every five (5) years, or other interval deemed appropriate by the City or Regional Agency for special circumstances. Such person shall also notify the City Enforcement Official and Regional Agency if circumstances change such that the premises exceeds the above thresholds allowing for issuance of a waiver, in which case waiver shall be deemed rescinded.
B. Physical Space Waivers. The City Enforcement Official or Regional Agency may waive the obligations imposed on the owner, manager, or operator of any commercial business or multi-family residential premises to comply with some or all of the recyclable materials or organic waste collection service requirements if the City has evidence from its own staff, the Regional Agency’s franchised hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this Chapter.
A person may request a physical space waiver through the following process:
(1) Submit an application form to City Manager or designee specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for recyclable materials or organic materials containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Pay any applicable application fee, which may be established by resolution of the City Council or Regional Agency.
Any person granted such a waiver shall provide written verification of continued eligibility to the City Enforcement Official and Regional Agency every five (5) years, or other interval deemed appropriate by the City or Regional Agency for special circumstances.”
Section 5. Section 6.10.070 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.070 Requirements for haulers.
A. Any exclusive hauler providing discarded materials collection of recyclable materials, organic waste, or solid waste within the City shall comply with the following requirements and standards with respect to the collection of such materials:
(1) Through written notice to the City annually on or before January 1, identify the facilities to which they will transport organic waste.
(2) The hauler shall transport source separated organic materials to a facility, operation, activity, or property that recovers Organic Waste in accordance with applicable requirements in 14 Cal. Code Regulations, Division 7, Chapter 12, Article 2 and shall comply with all requirements in 14 Cal. Code Regulations, Division 7, Chapter 12, Article 3.
(3) The hauler shall transport solid waste to an appropriate disposal facility, and shall transport source separated recyclable materials to an appropriate facility that recovers recyclable materials.
(4) Comply with all education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within any franchise agreement entered into either with the City or with the Regional Agency.
(5) The hauler shall comply with reporting requirements in 14 Cal. Code Regulations 18815.4.
This section shall not apply to a hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing with Section 41950 of the Public Resources Code, transports source separated organic waste to a community composting site.
B. Exclusive haulers shall have the sole and exclusive right for discarded materials collection services provided for in this code for all residential, multi-family, and commercial businesses located within the City, with the following exceptions:
(1) Collection and transport of recyclable materials and organic materials other than edible food that have been source separated from solid waste by the generator and that: (i) generator sells or donates to any other person, provided that there is no net payment made by the generator to such other person; or, (ii) have a value equal to or more than the cost of collection. (2) Commercial business owner or resident may collection and transport discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.
(3) Any items that are source separated at any premises by the generator and sold or donated to other persons, including youth, civic, or charitable organizations. (4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.
(5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.
(6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.
(7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service which is not provided by the exclusive hauler.
(8) Organic materials composted on a residential premises or otherwise legally managed at the site where it is generated or at a community composting site. (9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
(11) Excluded materials regardless of their source.
(12) Materials generated by State and County facilities located in the City, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.
C. Any C&D hauler providing C&D collection services to generators within the City’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and Regional Agency.”
Section 6. Section 6.10.100 of Chapter 6.10 of Title 6 is hereby amended to read as follows:
“6.10.100 Prohibited practices.
A. No person shall place any prohibited container contaminants into any collection containers that are a part of the Regional Agency's collection service.
B. No person shall deposit solid waste in any City sewer or plumbing fixture connected thereto, except through residential food scrap disposal units, nor shall any person bury or burn of solid waste within the City.
C. No person shall place, deposit, scatter, or cause to be placed any rubbish, garbage, brush, trimmings, junk, disabled or discarded automobiles, or other solid waste materials or excluded waste upon any portion of the public streets, alleys, or other public property, other than in a container designated for such purposes consistent with the collection requirements under this Chapter.
D. No owner or occupant of any premises shall permit or allow the accumulation of any solid waste that is, or may become, a menace to health and sanitation, or a fire hazard.
E. No person shall place, deposit, or keep any solid waste on any premises, except in containers with correct tight-fitting lids, and of sufficient capacity to hold any accumulation of solid waste generated between scheduled collections or selfhauling. Containers shall be maintained in a sanitary and serviceable condition with lids closed. Containers shall not be overfilled such that they attract animals or create litter. Containers shall not be stored on any public right-of-way or property (unless they are serving that property) and shall be stored so as to be screened from public view. Yard trimmings and other putrescible organic materials may be kept in a small pile as a properly managed compost heap, all of which shall be out of general public view and not become a nuisance.
F. All C&D debris shall be containerized in roll-off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector.
C&D debris containers shall not be placed on a public right-of-way or private alley.
G. The exclusive hauler for collection of discarded materials is granted by the City the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which containers are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the Regional Agency.” Section 7. Chapter 6.10 of Title 6 is hereby amended by adding a new Section
6.10.120 to read as follows:
“6.10.120 Contract.
A. For the collection, disposal, and processing of discarded materials, a contract may be entered into by the City or Regional Agency in accordance with the terms and conditions of this Chapter.
B. For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the City or Regional Agency in accordance with the terms and conditions of this Chapter. The Regional Agency may impose a limit on the number of non-exclusive C&D haulers.”
Section 8. Title 9 is hereby amended by adding a new Chapter 9.10 entitled “Construction & Demolition Debris Diversion“ to read as follows:
“Chapter 9.10 CONSTRUCTION & DEMOLITION DEBRIS DIVERSION Sections:
9.10.010 Covered projects.
9.10.020 Requirement to divert C&D debris.
9.10.030 Deconstruction, salvage, and recovery.
9.10.040 Approved C&D processing facilities.
9.10.050 Reporting.
9.10.060 Violation or misdemeanor.
9.10.070 Responsible party.
9.10.080 Severability.
9.10.010 Covered projects.
A. Persons applying for a permit from the City for new construction, building renovation, remodel, additions or alterations and demolition projects shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if its project is covered by the scope of CALGreen and other applicable requirements of the City. If the requirements of CALGreen, as amended, are more stringent than the requirements of this section, the CALGreen requirements shall apply.
B. All projects within the City, including City-sponsored projects, shall be subject to the Waste Management Plan requirement of section 9.10.060.
C. All new construction and demolition projects within the City, including Citysponsored projects, shall comply with this Chapter and shall submit a Waste Management Plan prior to the beginning of any construction and demolition activities:
(1) Newly constructed buildings and demolition
(2) Non-residential renovation, remodel, addition, or alterations to an existing structure within the City, as determined by the building official (3) Residential renovation, remodel, addition, or alternations that increase the structure’s conditioned area, volume, or size, as determined by the building official.
9.10.020 Requirement to divert C&D debris.
A. This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(1) 4.408.1 Construction Waste Management Residential (recycling requirements)
(2) 5.408.1 Construction Waste Management Non-Residential (recycling requirements)
(3) 4.410.2 Recycling by Occupants Residential (recycling enclosure requirements) (4) 5.410.1 Recycling by Occupants Non-Residential (recycling enclosure requirements)
(5) 5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements)
B. It is required that at least sixty-five (65) percent of waste tonnage and one hundred (100) percent of excavated soil from new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be diverted from disposal.
9.10.030 Deconstruction, salvage, and recovery.
A. Contractors are encouraged to make every structure planned for demolition available for deconstruction, salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition.
B. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall be counted towards the diversion requirements of this Chapter.
9.10.040 Approved C&D processing facilities.
A. The Regional Agency is authorized to designate and approve C&D processing facilities. The Regional Agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the Regional Agency and shall obtain third party certification for mixed C&D processing.
B. A mixed C&D processing facility is required to obtain third party certification prior to registration with the Regional Agency. The Regional Agency will apply the standards described in the then-current facility certification program, consistent with the procedures set forth in this chapter, to determine whether a facility qualifies for approval of registration. Any facility certified under a terminated certification program must reapply and receive certification under the then-current program.
C. C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the Regional Agency.
9.10.050 Reporting.
A. No later than thirty (30) days following the completion of a covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and requirement set forth in section 9.10.20 and submit documentation to department of public works that demonstrates compliance with the requirements of this chapter.
B. The documentation shall be submitted in a form consistent with City requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies.
C. Progress reports during construction may be required.
D. All documentation submitted pursuant to this section is subject to verification by City.
E. It is unlawful for any person to submit documentation to City under this section that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.
9.10.060 Violation or misdemeanor.
A. Each violation of the provisions of this chapter shall constitute a misdemeanor and be subject to the provisions of Section 1.01.010 of this code.
9.10.070 Responsible party.
A. Every applicant and/or owner of property on which a covered project occurs shall be responsible for compliance with the provisions of this chapter.
9.10.080 Severability.
A. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.
The City and Regional Agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.” Section 9. Environmental Review.
The City Council finds and determines that enactment of this Ordinance is The City Council finds and determines that enactment of this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
Section 10. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
Section 11. 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 12. 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 2nd day of April, 2024, and was adopted at a regular meeting of the City Council on the 16th day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Evert Wolsheimer, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Kirsten Powell, City Attorney
STAFF REPORT
Meeting: City Council - Apr 02 2024
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Consider and Accept the City Manager's Quarterly Report Covering Dates 01/01/2024 Through 03/31/2024
Recommendation(s):
Staff recommends that the City Council consider and accept the City Manager's quarterly 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:
Highlights 3-24 (002)
Customer Satisfaction Surveys 1.1.2024 - 3.27.2024
Housing Element Timeline
Spring 2024 Newsletter Final
City Manager Quarterly Report
January – March 2024
Building permit activity for the last quarter was as follows:
January – March
2024
Same Range
Last Year
Permits/Inspections
Building Permits Issued 48 58
Construction Valuation $3,963,569 $7,674,262
Building Permit Revenue $155,266 $208,676
Inspection Completed 173 180
Housing Element Status Update
On September 22, 2023, the city received comments from the California Housing and Community Development Department (HCD) on the third submittal of the 6th Cycle Housing Element. Staff and our consultant have been working diligently to address the comments.
Following is a summary of the activities that have taken place:
• A few meetings were held in October and November 2023 with the HCD reviewer to discuss the comments and changes that need to be made.
• Staff were able to submit informal revisions to the HCD reviewer in October 2023 and we received informal comments approximately 30 days later in November 2023. • The HCD reviewer agreed to another informal review and anticipated that their informal review would take 30 days. Staff submitted the informal review on December 12, 2023. • Staff followed up on January 17, 2024, and were told by the HCD reviewer we would get something that week. No further information provided. • Staff followed-up again on January 22, 2024, and received a response on January 29, 2024, that their capacity is currently constrained and thanked us for our patience. No comment on when feedback would be provided. • We followed up again on February 6, 2024, and did not receive any response.
After two months, HCD still had not provided informal comments and due to the lack of responses from HCD, staff formally submitted the revised 6th Cycle Housing Element for the fourth review on February 21, 2024. The 60-day comment period will end on April 22, 2024.
Staff has requested that HCD provide feedback in the middle of the 60-day review cycle to provide the city with an opportunity to address any remaining comments within this review period. This type of mid-cycle review has been provided to other jurisdictions. No feedback from HCD has been received to date. Staff emails HCD weekly requesting an update on the review status. Most of these emails go unreturned. Attached is a correspondence highlighting staff’s communication with HCD.
.
Update on SB9 Projects
Since the recent modifications to the SB9 ordinance went into effect in December 2023, three applications have been received from property owners to split their lot into two lots. Two of those applications have been approved and the Parcel Maps for these lot splits have been recorded. One application is still pending review with the city. No applications for new houses have yet been received on the two newly created lots.
Building Permit Applications Online
As of January 1, 2024, all building permit plan submittals are now submitted online with electronic plans. We have had a total of 30 applications for plan review that have been received online. Once the plans have been reviewed and approved, the approved electronic plans are emailed to the applicant and the permit can be issued online.
Staff are currently adding additional features of sending plans/documents to Santa Clara County Fire Department for their review, to the school districts, and to the Santa Clara County Assessor’s Office to further streamline the processes.
Staff have received positive feedback from customers on the new process. These online services save customers a significant amount of time by not requiring them to visit City Hall for each permit submittal and issuance. Additionally, this is a cost savings for customers as no longer must print multiple sets of hard copy plans. There are also environmental benefits to saving paper as well as reducing the number of vehicular trips to City Hall. Staff time is also saved with this system that automates the permit submittals and issuance.
Neighborhood Watch formed
Monte Sereno Staff, in conjunction with LGMSPD, helped form a new Neighborhood Watch program. Staff also installed no parking signs, no through street, litter removal signs and no dumping signs in the vicinity of Withey Road.
S-Curve Neighborhood meetings
In February and March Monte Sereno staff hosted two meetings regarding the Daves Avenue SCurve project. The first meeting had four residents in attendance. The second meeting had 16 residents in attendance and included the principal of Daves Avenue School. The consensus was residents preferred speed humps over green pylons.
Community Center Bidding process
Monte Sereno staff has advertised and provided access to the old post office site to interested parties bidding on the Monte Sereno Community Center project. Final bids are due April 5th, 2024, and will be opened at City Hall in the conference area. The lowest qualified bids will be presented to council for potential acceptance at the April 16th council meeting.
Peaceful Mountain Monitor Spring edition
Is arriving in the mail beginning April 1st. Highlights include CERT recruitment, S-Curve project, and the Gas Leaf Blower Ordinance. An electronic copy is attached to this report.
Customer Service Data
The latest customer service survey data is attached. These surveys are voluntary and not every customer takes the time to complete to form. The customer service feedback has been positive.
Keep Our City Pretty
Monte Sereno staff, in conjunction with the Monte Sereno Youth Commission, has been installing “Keep Our City Pretty” litter removal signs in our community. These signs raise awareness as well as positively reinforce community pride in keeping Monte Sereno clean of litter which can pollute waterways. Monte Sereno Youth Commission will be hosting a clean up day on April 21st at 2pm at Monte Sereno City Hall, in conjunction with earth week.
Customer Satisfaction Surveys
September 2022 ‐ January 2023
Date
Submitted
Which city
servicesdid you
receive?
Please rateyour overallexperience.
City staff
responded
in a timely
andefficientmanner.
I was able to
access services
and make any
necessaryappointmentseasily.
Onlineinformation and
tools (city
website, permitinformation)
were easy tofind.
I was treated
in a
courteousandrespectful
manner.
My questions
were answered
clearly and I
understoodhow toproceed.
Email responseswere timely and
professional.
Please share additional
comments about your
experience and our
services.
1/8/2024 Building Permit Satisfactory Agree Agree Agree Agree Agree Agree 1/10/2024 Building Permit Satisfactory Agree Agree Agree Agree Agree Agree 2/6/2024 Building Permit Satisfactory Agree Agree Agree Agree Agree N/A 2/20/2024
Building
Permit,
Business
License
Satisfactory Agree Agree Agree Agree Agree Agree Charlotte is the best. 3/1/2024
Building
Permit,
Business
License
Satisfactory Agree Agree Disagree Agree Agree Agree
The only issue I have with
the portal is the Paypal. We
DO NOT use Paypal,therefore we are not able
to make payments. Either I
still have to come in person
and deliver a check. Hope
that there will be anotherform of payment other
than PayPal. Other than
that, everything is great
and Charlotte is awesome
and always accommodating
and friendly.
3/6/2024 Building Permit Satisfactory Agree Agree Agree Agree Agree Agree Very nice staff and easy to deal with! P:/Building/Customer Satisfaction/2022 ‐ 2023 Surveys 2/2023
Customer Satisfaction Surveys
September 2022 ‐ January 2023
3/7/2024 Building Permit Satisfactory Agree Agree Agree Agree Agree Agree P:/Building/Customer Satisfaction/2022 ‐ 2023 Surveys 2/2023
City of Monte Sereno Housing Element Timeline
2/1/2024
Draft Housing Element
• Draft Housing Element submitted to HCD for review – October 11, 2022 • HCD reviewer (Mashal Ayobi) cancelled two scheduled meetings (day of and day before the meetings) and did not reply to subsequent emails from the City requesting to reschedule the meeting.
• Received comments from HCD on Draft Housing Element January 9, 2023 Second Revised Draft (Adopted) Housing Element
• Adopted by the City Council on January 31, 2023
• Submitted to HCD February 1, 2023
• We met with new HCD Reviewer (Brandon Yung) March 17, 2023, but no specifics provided, just general feedback.
• Received comments from HCD on Second Revised Draft (Adopted) March 31, 2023 Third Revised Draft Housing Element
• Met with the HCD reviewer and had several emails to discuss their comments (mostly very general feedback was given with comments referencing state statutes, HCD materials online, and direction to review housing element from other jurisdictions) • Third revised Draft Submitted July 25, 2023
• Comments received on Third Revised Draft September 22, 2023 Fourth Revised Draft Housing Element
• Received the most assistance and direct feedback from HCD in October and November.
Even received feedback on draft revisions.
• We submitted another round of draft revisions on December 12, 2023 and were told the review time would be about 30 days.
• We followed up on January 17, 2024 and were told by the HCD reviewer we would get something this week. No further information provided.
• We followed-up again on January 22, 2024 and received a response on January 29, 2024 that their capacity is currently constrained and thanked us for our patience. No comment on when feedback would be provided.
• We followed up again on February 6, 2024 and have not received a response to date. • Submitted Fourth Revised Housing Element on February 21, 2024.
Peaceful Mountain
Monitor Peaceful Mountain
Monte Sereno Spring 2024 Community Newsle� er
A Message
from the Mayor
I am truly honored to be the new Mayor of Monte
Sereno. This is my second term on the Council -
the first time was from 2015-2018. Before that, I
was on the Site and Architectural Commission for
five years, which allowed me to become familiar
with just about every street in the City. My family
and I have lived in Monte Sereno since 2002, and
we enjoy living here very much.
Monte Sereno is by far the smallest out of the 15
cities and towns in Santa Clara County, with San
Jose being by far the largest. Being the smallest
city does not mean we don’t have a voice. Council
members and City Staff represent the City in many
organizations, committees, commissions and
boards. Some examples are Silicon Valley Clean
Energy, West Valley Solid Waste Management
Authority, Silicon Valley Animal Control and the
quarterly meetings of all 15 Santa Clara County
mayors. A full list of all these responsibilities can
be found on the City website.
One of the key responsibilities of our City Staff and
Council is doing what we can to improve the safety
and security of our residents. Last winter, wind,
rain and power outages had a big impact. Downed
trees impaired traffic and caused several lengthy
power outages. This year the City will develop and
implement an updated tree ordinance, which will
assist in addressing problems before they happen.
Of major concern is also the condition of Highway 9
between Los Gatos and Saratoga. As the Lahaina
disaster clearly showed last summer, fire can
quickly develop and overwhelm escape routes,
and therefore improving the condition of Highway
9 will be a focus this year. A complicating factor is
that many organizations, municipalities and even
residents are involved and share responsibility
in this - such as Monte Sereno, Los Gatos,
Saratoga, Caltrans, County Fire and CalFire. The
large number (more than 80) of poorly maintained
Eucalyptus trees along this route pose a risk all
year long.
If you see a tree that endangers power lines,
houses or traffic, please call City Hall, the
Los Gatos-Monte Sereno Police Department
(LGMSPD) or PGE before that tree causes major
damage and disruption.
The Los Gatos-Monte Sereno CERT (Community
Emergency Response Team) was activated during
last year’s bad storms, when trees came down and
power went out. CERT members can be called
upon during disasters, such as earthquakes,
fires or weather-related events. They assist the
LGMSPD in assessing where damage or injuries
have occurred, using a set of skills they learn during
the CERT Academy. We desperately need more
CERT members for Monte Sereno. I attended and
graduated from the CERT Academy in September
of 2023, and I can highly recommend everyone to
attend the classes. Attending the CERT Academy
doesn’t mean you necessarily have to show up
and help out when disaster strikes. One of the
main goals is to be better prepared and keep
your own home and family safe. Announcements
of upcoming CERT classes are sent out to
residents regularly.
The LGMSPD plays a major role in our security.
Unlike several other nearby cities, Monte Sereno
partners with its neighbor, Los Gatos, for police
services. Other cities have chosen to contract with
the Santa Clara Sheriff Department for police services. Through our partnership with Los Gatos, we are able to offer additional services, such as vacation checks, to ensure the safety of our residents.
The Santa Clara County Fire Department can provide additional safety services, such as free evaluation of fire hazards around your property.
Everyone is undoubtedly aware that 2024 is an
election year. This year, two council seats will be up
for election, and I sincerely hope many residents
will show interest in joining the Council. It has been
difficult in recent years to fill open council seats.
The 2022 Monte Sereno City Council election was
canceled, because there were exactly as many
candidates as there were open seats. Historically,
the Monte Sereno City Council has been made up
of predominantly older males. I believe expanding
the diversity of our Council would be in the best
interest of Monte Sereno. A diversity of experiences
and opinions can benefit all. Please feel free to
contact any of the current Councilmembers, if you
would like more information on serving on the
Monte Sereno City Council. The filing deadline to
serve on the Council is Friday, 8/29/2024.
Evert Wolsheimer
Mayor
In October 2023, the City Council adopted revised
regulations for leaf blowers used in Monte Sereno.
The new allowed hours of operation for all leaf
blowers are 9:00 am to 5:00 pm Monday through
Saturday and from 10:00 am to 5:00 pm on Sundays
and holidays. Noise generated from leaf blowers
shall not exceed 65 decibels when measured at 50
feet from the equipment.
Additionally, the revised regulations prohibit the use
of gas-powered leaf blowers; however, enforcement
of this prohibition will not be effective until January 2026. The purpose of delaying the prohibition on
gas-powered leaf blowers is to allow time for the information to be distributed to the community and for landscape professionals to obtain new equipment.
The purpose of prohibiting the use of gas-powered
leaf blowers is to reduce the volume of smogforming emissions. 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, Governor Newsom signed AB
1346, which will ban the sale of 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 gaspowered SORE equipment, the use of existing gaspowered equipment will not be restricted by this law.
Gas-Powered
Leaf Blowers to be
Prohibited in 2026
Fascinating Facts
Thomas Kinkade
Painter of Light
A Magical Humpback Whale Ocean Safari
by Ruth Alexander
before returning to Alaska. Newborn whales do not
have the fat or insulation to survive the brisk Alaskan waters. The mom eventually takes her calf back to
Alaska and will also bring her young whale back to
Hawaii one more time to mate when it is older and
then departs to Alaska by herself. Ruth, Daniel,
their daughter, and the other passengers were lucky
to see whales blowing, breaching, fl ipping in the air, slapping their fi ns, and showing their tales to them.
One came about arm’s length away from them and
even went under the boat, which was a little scary,
and another whale was about 10 ft away, wagging
her tail fi n and jumping back into the sea.
Not many sights are as magical as being out on
the ocean with these magnifi cent creatures. It was
an awesome experience for Ruth, Daniel, and their
daughter.
Ruth Alexander and her spouse, Daniel D’Souza,
were excited about a 3-hour Humpback Whale
watching trip in Kona, Hawaii. They drove their rental
car to the boarding ramp and boarded the zodiactype boat with their adult daughter and another two passengers. As the group cruised the ocean, the
captain of the boat saw the blowing of a whale,
and at the speed of lightning, steered the boat for
about 10 minutes to where the whale was, as they
held on for dear life to not fall into the deep ocean.
There she was with her beautiful baby calf and a
male whale escort close to them. The captain idled
the boat, as the passengers enjoyed watching the
precious calf doing many diff erent fl ips in the air.
The incredible whales travel for about 6 to 8 weeks
from the cold Alaskan waters to the tropical warm
waters of Hawaii from December to March to mate,
give birth to their young, and raise their calves
Did you know the acclaimed painter, Thomas
Kinkade, once resided in the City of Monte Sereno?
Self-titled as “The Painter of Light,” Kinkade achieved worldwide recognition through his paintings which
encompassed landscapes, structures, idyllic
scenery, and special events.
Thomas Kincade was raised in Placerville
California and schooled at UC Berkeley and The Art
Center College of Design in Pasadena California.
Subsequently, Kinkade became a mass marketer
of his works selling printed reproductions and
licensed products.
In its heyday, Kinkade’s business enterprise, The
Thomas Kinkade Company, encompassed some
350 franchisees and licensing deals with Hallmark,
Disney, QVC, and Walmart. Kinkade’s works were
depicted onto prints, puzzles, cards, calendars,
snow globes, and even coloring books.
In addition, Thomas Kincade created numerous
works for special occasions such as Disneyland/
Disneyworld anniversaries, Graceland, Yankee and
Fenway Stadiums, Indianapolis, and Daytona 500,
the 2002 Salt Lake City Olympics, and the 2002
World Series.
Today, Thomas Kincade Galleries continue to be
located throughout the United States. The nearest
gallery to the City of Monte Sereno is located in
Carmel, California.
Kinkade passed away in 2012 at the age of 54.
Thomas Kincade’s artistic legacy and distinct style
of painting continue to inspire innumerous fans,
collectors, and artists worldwide.
Keep
Our
City
Prett y
The Monte Sereno Youth Commission, with support
of Monte Sereno City Staff , is launching a litter
removal program for the City of Monte Sereno
called “Keep Our City Pretty.” This program will
begin during Earth Week 2024 (April 21-April 27).
Monte Sereno Youth Commissioners will be
meeting at Monte Sereno City Hall on Sunday, April
21 at 2:00 pm. Teams of Youth Commissioners and
volunteers will be cleaning trash from parks, creeks
and roadways in Monte Sereno and adjacent areas.
During a pilot program in January and February
this year, approximately 25 bags of trash and several large refuse items were collected. Many of the collected items consisted of beverage containers
which are recyclable yet were discarded onto roadways, sidewalks, bushes and watershed properties.
As part of this program, bright yellow trash bags
with the Monte Sereno City Seal on them will be
fi lled by participants. In addition, positive messaging signage (as in the image above on the right) will
be installed throughout the City of Monte Sereno
to engage the community and create awareness
about cleanliness eff orts.
If you would like to sign up to help “Keep Our City
Pretty” on April 21, 2024, or any other time, please
contact City Clerk Gloisy Gonzalez-Langarica at
[email protected].
Daves Ave
“S” Curve
Traffi c
Calming
Project
In response to a history of traffi c incidents along
the Daves Avenue “S” curve, Monte Sereno staff
has been developing traffi c calming options for this
portion of Daves Avenue. Traffi c calming measures,
such as striping, refl ective bollards, lane width
reduction, lane buttons, signage, speed feedback
signs, and speed humps, have all been considered.
Two neighborhood meetings were held where staff
presented the various options to the residents
along the “S” curve, answered questions, and
received feedback on the preferred alternatives
from residents. The consensus of residents was
that speed humps were the strong preference.
The revised traffi c calming plans with speed
humps will be presented to the City Council in the
late Spring when they will consider budget and
construction approval.
Recognizing
Outstanding Resident
Lisa Matar
Monte Sereno resident, Lisa Matar, founded
Health Bear Food Company to bring healthy food
to busy people looking for a quick and healthy
solution for breakfast. Matar created diff erent
plant-based breakfast and snack options that are
both delicious and protein-fi lled. Health Bear is
partnered with Opportunity International, where
donations go directly to this global nonprofi t, whose
mission is to design, deliver and scale innovative
fi nancial solutions to help families living in extreme poverty. This mission is achieved through building
sustainable livelihoods and providing access to
quality education for children of these families.
Congratulations, Lisa, on a job well done!
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno, CA 95030-4299
CITY COUNCILMEMBERS
MAYOR EVERT WOLSHEIMER.............(408) 354-7635
[email protected]
VICE MAYOR BURTON CRAIG.............(408) 354-7635
[email protected]
BRYAN MEKECHUK................................(408) 354-7635 [email protected]
JAVED ELLAHIE.....................................(408) 354-7635 [email protected]
ROWENA TURNER...............................(408) 354-7635 [email protected]
CITY STAFF may be reached at (408) 354-7635
STEVE LEONARDIS, CITY MANAGER
[email protected]
KIRSTEN POWELL, CITY ATTORNEY
[email protected]
GLOISY GONZALEZ-LANGARICA, CITY CLERK
[email protected]
ALI FATAPOUR, BUILDING CONSULTANT
[email protected]
DIANA PERKINS, CITY PLANNER
[email protected]
DARYL JORDAN, PUBLIC WORKS DIRECTOR/
CITY ENGINEER
[email protected]
SARAH CHAFFIN, FACILITY MGR/SPECIAL PROJECTS
schaffi [email protected]
ALAN CUNNINGHAM, BUILDING INSPECTOR/
CODE ENFORCEMENT OFFICER
[email protected]
MICHELE KWONG
MANAGEMENT ANALYST PLANNER
[email protected]
REYNOLD SAMORANOS, FINANCE OFFICER
[email protected]
RILEY PETERSON, ADMIN I/MAINTENANCE
[email protected]
CHARLOTTE THOMAS, ADMINISTRATIVE CLERK II
[email protected]
SERVICE PROVIDERS
POLICE......................................................................911 Los Gatos-Monte Sereno Police Department
Business/Non-Emergency......................(408) 354-5257 A� er 5 pm .............................................(408) 354-8600 FIRE: Santa Clara County Fire Department..............911 Business/Non-Emergency......................(408) 378-4010
ANIMAL CONTROL/SHELTER
Silicon Valley Animal Control.................(408) 764-0344
GARBAGE & RECYCLING
West Valley Collec� on & Recycling........(408) 283-9250
ELECTRICITY/GAS
Silicon Valley Clean Energy.....................(844) 474-7823 Pacifi c Gas & Electric..............................(800) 743-5000
ROAD OBSTRUCTIONS/ISSUES
City Streets.............................................(408) 354-7635 A� er Hours Emergency..........................(408) 354-8600 Highway 9 (Caltrans)..............................(510) 286-4444 SEWER
West Valley Sanita� on...........................(408) 378-2407 A� er Hours Emergency..........................(408) 299-2507 WATER
San Jose Water Company.......................(408) 279-7900
STORM DRAIN SPILL REPORTING
Graphic Designer: Michele Kwong West Valley Clean Water Authority........(408) 354-5385
PRSRT STD
US POSTAGE
PAID
CAMPBELL, CA
PERMIT #7009
City Newsle� er Statement of Purpose
This is the offi cial city newsle� er to communicate current issues, services, and ac� vi� es in Monte Sereno to the residents of the city — to facilitate, encourage, and improve interac� on between the residents and the city government. The newsle� er is published twice a year.
Long-time Monte Sereno resident and former Mayor, Dr. Jack Lucas, passed away on January 25, 2024. Dr. Lucas served the City of Monte Sereno for eighteen years (1984-2002) as an elected member of the Monte Sereno City Council.
During his fi ve terms serving on the City Council, Jack’s colleagues elected him as Monte Sereno’s Mayor fi ve times.
Dr. Lucas represented Monte Sereno on numerous special
districts, boards, commissions, committees and authorities, which supported the City of Monte Sereno’s infrastructure and operations.
Following Jack’s retirement from the Monte Sereno City
Council, Jack remained active politically. In 2002, Jack was elected to the West Valley-Mission Community College
District’s Governing Board of Trustees. Jack was serving his sixth term as a Trustee when he passed.
Dr. Lucas was a retired Los Gatos-Saratoga High School
District teacher, coach, vice-principal, principal of a continuation school, dean of students, and an administrator. Jack worked as a volunteer for the Los Gatos Concert series and was also the self-appointed Chairperson of the Zena Avenue Fine Arts Commission (a title he gave himself after establishing “The Gallery” on the Wimberly Walkway). Jack attended every
home football game at Los Gatos High School to watch his beloved Los Gatos Wildcats.
Jack’s presence and warm sense of humor will be greatly missed throughout Monte Sereno, Saratoga, Los Gatos and the entire Valley of Heart’s Delight. But Jack’s spirit and the results of his service will continue to inspire, as Dr. Lucas truly was the essence of community.
Honorable Jack Lucas Monte Sereno Councilmember/Mayor
SB 1164 (Newman) Property Taxation: New Construction Exclusion:
Accessory Dwelling Units.
This measure would exempt new ADU construction from property tax assessment for 15 years from the date of completion or until the property is sold.
Cal Cities Position: Pending
AB 2814, (Low)
as introduced, Low. Crimes: unlawful entry: intent to commit package theft. Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified.
AB 1886 (Alvarez) Housing Element Law: Substantial Compliance:
Housing Accountability Act.
This measure would allow the Builder’s Remedy to begin as soon as the Department of Housing and Community Development or a court determines a jurisdiction’s housing element is out of compliance.
Cal Cities Position: Pending
AB 1820 (Schiavo) Housing Development Projects: Applications. Fees And Exactions.
This measure would require local agencies to provide an estimate of all taxes and fees within 10 business days of a request from a project applicant during the preliminary application process.
Cal Cities Position: Pending
AB 1779 (Irwin) Theft: Jurisdiction.
This measure would no longer limit jurisdictional rules for specified theft crimes to criminal action brought by the Attorney General.
Cal Cities Position: Pending
SB 21 (Umberg) Controlled Substances.
This measure would require a person who is convicted of crimes related to controlled substances to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies because of that action, the distributor can be charged with voluntary manslaughter or murder.
Cal Cities Position: Support
SB 1095 (Becker)
This bill would provide that the act, including any regulation, rule, or bulletin adopted pursuant thereto, does not prohibit the installation of plumbing, heating, or air-conditioning systems for manufactured homes, mobilehomes, or multifamily manufactured homes from being located outside of the home if necessary to replace an existing fuel-gas-burning water heater.
SB1130 (Bradford)
This bill would expand eligibility for the FERA program by eliminating the requirement that a household consist of 3 or more persons. The bill would require the commission, by March 1, 2025, and each year thereafter, to require the state’s 3 largest electrical corporations to report on their efforts to enroll customers in the FERA program. The bill would require the commission, by June 1, 2025, and each year thereafter, to review each electrical corporation’s report to ensure it has sufficiently enrolled eligible households in the FERA program commensurate with the proportion of households the commission determines to be eligible within the electrical corporation’s service territory. If the commission, in its review of a report, determines an electrical corporation has not sufficiently enrolled eligible households in the FERA program, the bill would require the commission to require the electrical corporation to develop a strategy and plan to sufficiently enroll eligible households within 3 years of the adoption of the strategy and plan.
AB 1999 (Irwin) Electricity: Fixed Charges.
This measure would repeal the California Public Utilities Commission’s (CPUC) authority to develop, no later than July 1, 2024, an income-graduated fixed charge, with no fewer than three income thresholds. This measure would permit the CPUC to not exceed a $5 fixed charge per residential customer per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and $10 fixed charge per
residential customer per month for all other customers.
Cal Cities Position: Pending
AB 1772 (Ramos) Theft.
This measure would make changes to Proposition 47 including reinstating felony theft with a prior conviction.
Cal Cities Position: Pending
AB2619 (Connolly)
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utility’s aggregate customer peak demand.
AB 817 (Pacheco) Open Meetings: Teleconferencing: Subsidiary Body.
This measure would remove barriers to entry for appointed and elected office by allowing nondecision-making legislative bodies to participate in two-way virtual teleconferencing without posting their location.
Cal Cities Position: Co-Sponsor/Support