HomeMy WebLinkAbout03-02-2022 City Council Agenda packet - amended 03-02-2022Saratoga City Council Agenda March 2, 2022 – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
MARCH 2, 2022
AMENDED AGENDA
• 02/28/2022 ITEM 1.1 ATTACHMENT A, REVISED 02-28-2022
• 02/28/2022 ITEM 1.3 RECOMMENDED ACTION REVISED TO MATCH STAFF
REPORT 02-28-2022
• 03/02/2022 ITEM 2.1 WRITTEN COMMUNICATIONS ADDED
• 03/02/2022 ITEM 3.1 WRITTEN COMMUNICATIONS ADDED
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be held entirely by teleconference. All members of the City Council and staff
will only participate via the Zoom platform using the process described below. The meeting is
being conducted pursuant to recent amendments to the teleconference rules required by the Ralph
M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local
official have recommended social distancing. The purpose of the amendments is to provide the
safest environment for the public, elected officials, and staff while allowing for continued
operation of the government and public participation during the COVID-19 pandemic.
Members of the public can view and participate in the 5:00 p.m. Commission Interviews by:
• Using the Zoom website https://us02web.zoom.us/j/84336814631; Webinar ID
843 3681 4631 OR
• Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
• Using the Zoom website https://us02web.zoom.us/j/85240135758; Webinar ID
852 4013 5758 OR
• Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above; OR
• Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
• Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in
following the direction above.
The public will not be able to participate in the meeting in person.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
received by 5:00 p.m., eight calendar days before the Council Meeting will be included in the City
Council’s agenda packet. Anything received after that time and up to the end of the public
comment period for that item will be provided to the members of the Council and included in
supplemental meeting materials.
Saratoga City Council Agenda March 2, 2022 – Page 2 of 6
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council.
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
5:00 PM COMMISSION INTERVIEWS
7:00 PM REGULAR SESSION
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on February 24, 2022.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the Agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
Time Name Commission Vacancies Incumbent
5:00 p.m. Clinton
Brownley
Planning
Commission
2 Full Terms
(ending March 31,
2026)
Yes
5:15 p.m. John Fitzpatrick Planning
Commission
2 Full Terms
(ending March 31,
2026)
No
5:30 p.m. Monica Gupta Planning
Commission
2 Full Terms
(ending March 31,
2026)
No
5:45 p.m. Ping Li Planning
Commission
2 Full Terms
(ending March 31,
2026)
No
6:00 p.m. Hobert Wai Planning
Commission
2 Full Terms
(ending March 31,
2026)
No
Saratoga City Council Agenda March 2, 2022 – Page 3 of 6
CEREMONIAL ITEMS
Proclamation Declaring March 2022 as Youth Art Month
Recommended Action:
Present the proclamation declaring March 2022 as Youth Art Month
Staff Report
Attachment A - Proclamation Declaring March 2022 as Youth Art Month
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the February 16, 2022 City Council Regular Meeting.
Staff Report (Updated 02-28-2022)
Attachment A - Minutes for the February 16, 2022 City Council Regular Meeting, Revised
02-28-2022
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
2/10/22 Period 8; 2/17/22 Period 8.
Staff Report
Attachment A - Check Register 02-10-2022 Period 8
Attachment B - Check Register 02-17-2022 Period 8
1.3. Notice of Completion – 2021 Civic Theater Lighting and Controls Upgrade Project
Recommended Action:
Move to accept the 2021 Civic Theater Lighting and Controls Upgrade Project contract as
complete and authorize staff to record the Notice of Completion.
Staff Report
Attachment A - Notice of Completion
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a special
notice and/or a public hearing or those called by the City Council on its own volition.
2.1. Ordinance relating to appeals of State determinations regarding development in Very
High Fire Hazard Zones
Recommended Action:
Conduct a public hearing, introduce and waive the first reading of an ordinance amending
section 16-05.020 of the Saratoga Municipal Code relating to appeals of State
determinations regarding development in Very High Fire Hazard Zones, and direct staff to
place the ordinance on the Consent Calendar of the next regular meeting of the City Council
for adoption.
Staff Report
Attachment A – Fire Safe Determinations Appeals Ordinance
Saratoga City Council Agenda March 2, 2022 – Page 4 of 6
Attachment B – Map of Very High Fire Hazard Severity Zones in Saratoga
Supplemental Memo Written Communications, Item 2.1 (added 03-02-2022)
3. GENERAL BUSINESS
3.1. American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Funds
Spending Plan & FY 2022 Budget Adjustment
Recommended Action:
Adopt the budget resolution amending the FY 2022 budget by creating a new special
revenue fund titled “SLFRF Fund” and appropriating five Capital Improvement Plan
Stormwater Management Project budgets.
Staff Report - ARPA SLFRF
Attachment A - Final Rule Overview
Attachment B - Budget Adjustment Resolution
Attachment C - Project Worksheets.pdf
Supplemental Memo Written Communications, Item 3.1 (added 03-02-2022)
3.2. Reconsider and confirm findings pursuant to Assembly Bill 361
Recommended Action:
1. Reconsider and confirm findings pursuant to Assembly Bill (AB) 361 of the continued
existence of a state of emergency and public health officials’ recommendation of social
distancing to continue virtual meetings for all City of Saratoga Brown Act bodies through
March 31, 2022.
2. Provide direction to staff regarding future in-person Brown Act meetings.
Staff Report
Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant
to AB 361
3.3. Meeting Recording Policy
Recommended Action:
Consider Mayor’s proposal to direct staff to amend the Meeting Recording Policy adding
City Council Finance Committee meetings to the list of City meetings that are recorded.
Staff Report
Attachment A – Meeting Recording Policy
COUNCIL ASSIGNMENTS
Mayor Tina Walia
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Hakone Foundation Executive Board
KSAR Community Access TV Board
Silicon Valley Clean Energy Authority Board of Directors
West Valley Mayors & Managers Association
Saratoga City Council Agenda March 2, 2022 – Page 5 of 6
Vice Mayor Kookie Fitzsimmons
Council Finance Committee
Hakone Foundation Board of Trustees
Santa Clara County Housing and Community Development (HCD) Advisory Committee
Saratoga Chamber of Commerce Board
Saratoga Sister City Committee Liaison
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation Board of Directors
Council Member Rishi Kumar
Santa Clara County Library District Board of Directors
Santa Clara Valley Water Commission
West Valley Clean Water Program Authority Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Council Member Yan Zhao
Association of Bay Area Governments
Saratoga Area Senior Coordinating Council Board of Directors
Saratoga Ministerial Association
Valley Transportation Authority (VTA) Policy Advisory Committee
Valley Transportation Authority (VTA) State Route 85 Corridor Policy Advisory Board
West Valley Sanitation District Board of Directors
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on February 24, 2022 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 24th day of February 2022 at Saratoga, California.
Britt Avrit, MMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
Saratoga City Council Agenda March 2, 2022 – Page 6 of 6
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
SARATOGA CITY COUNCIL
MEETING DATE:March 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Janet Costa, Executive Assistant
SUBJECT:Proclamation Declaring March 2022 as Youth Art Month
RECOMMENDED ACTION:
Present the proclamation declaring March 2022 as Youth Art Month.
BACKGROUND:
Youth Art Month is celebrated each year in March to emphasize the value of art education and to
encourage support for excellent school art programs. Youth Art Month provides a forum for
acknowledging skills that are fostered through experience in art education programs.
ATTACHMENTS:
Attachment A –Proclamation Declaring March 2022 as Youth Art Month
5
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING
MARCH 2022 AS YOUTH ART MONTH
WHEREAS, Youth Art Month is an annual celebration in March supported through
the Council for Art Education and is recognized by cities, counties, and states across the
United States; and
WHEREAS, the 2021/2022 theme of Youth Art Month is “Art Connects Us”; and
WHEREAS, arts education helps students develop creative problem-solving and
critical thinking abilities, as well as provides students with a deeper understanding of
multicultural values and beliefs; and
WHEREAS, the Santa Clara County Office of Education is committed to supporting
the arts to inspire and prepare students for success in the 21
st century by using arts education
to reinforce the skills students will need to become productive, contributing members of a
strong community; and
WHEREAS, art education brings creativity and innovation to the classroom through
collaborative strategies developed by a team of administrators, teachers, parents, students,
artists, and community leaders; and
WHEREAS, arts-learning strategies and arts integration help students build critical
thinking skills, curiosity, flexibility, communication, innovation, and collaboration, which
are key traits for success in post-secondary education and the workplace; and
WHEREAS, the Saratoga City Council is dedicated to bringing art to the City of
Saratoga through its public art program and efforts of the newly established Public Art
Commission.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
does hereby proclaim March 2022 as Youth Art Month and encourages Saratoga residents to
support the arts in schools.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 2nd day
of March 2022.
___________________________
Tina Walia, Mayor
City of Saratoga
6
SARATOGA CITY COUNCIL
MEETING DATE: March 2, 2022
DEPARTMENT: City Manager’s Department
PREPARED BY: Britt Avrit, MMC, City Clerk
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the February 16, 2022 City Council Regular Meeting.
BACKGROUND:
Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed
for accuracy and approval. Following City Council approval, minutes are retained for legislative
history and posted on the City of Saratoga website. The draft minutes are attached to this report
for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for the February 16, 2022 City Council Regular Meeting
REVISIONS & UPDATES:
• Attachment A – Minutes for the February 16, 2022 City Council Regular Meeting revised
to reflect correct information for Council Assignments
7
Saratoga City Council Minutes ~ February 16, 2022 ~ Page 1 of 7
MINUTES
WEDNESDAY, FEBRUARY 16, 2022
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Study Session regarding the EIR Project Description for the
Housing Element and General Plan Update including Housing Opportunity Sites Selection,
Policies, and Programs via teleconferencing through Zoom.
Mayor Walia requested the City Council consider reducing public comment time to one minute
per person for the Study Session and Regular Session.
KUMAR/BERNALD MOVED TO CHANGE THE PUBLIC SPEAKING TIME TO ONE
MINUTE PER PERSON FOR THE STUDY SESSION AND REGULAR SESSION.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO,
FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
Mayor Walia invited public comment on the item.
The following individuals spoke on this item: Terri Singer, Cheriel Jensen, Julio Aragon, Chris &
Leslie Vasquez, Phil Sutterlin, Jayanthi Simha, Marilyn Marchetti, James Foley, Vivian, Rachelle
Cuccias, Ron Leckie, Brian & Cynthia, James Lu, Jayne Sonnenschein, Timothy McNally, Taras,
David Anderson, Latika, Ray Froess, Pat, Bill Reid, Chris, concerned, Mark, Jun, Greg Dean, Sue
B, Anne Johnson, Cynthia Newton, Ed, Toggi, Ron Naymark, Brian Tran, Glenda Aune, Karthik
Bhat, KVM, Joy Ciffone, John Reagan, Samir Mitra, Sunitha Ayers, Dhans, Pravin Madhani, Steve
& Pat Moore, TK, David Gremer, AK, Mary Ann Welch, George Kemble, Ellis Hung, David,
Alan Perey, Usha Sundar, Erica Cervantes-Rodriguez, Sandeep, Ken, Letitia Lam, Nancy Carlson,
Terry, Gene Wu, Deepa, Enrique Rodriguez, Karen, Eva, Nancy Lietzke, Chuck Swan
Mayor Walia closed public comment for this item.
BERNALD/FITZSIMMONS MOVED TO CONTINUE THE STUDY SESSION UNTIL
AFTER THE CONCLUSION OF THE REGULAR SESSION. MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA,
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
After the conclusion of the 7:00 p.m. Regular Session, the City Council began discussion of the
remaining opportunity sites related to the Housing Element.
BERNALD/FITZSIMMONS MOVED TO REMOVE THE WEST VALLEY COLLEGE
SITE FROM CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: KUMAR. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
FITZSIMMONS/BERNALD MOVED TO REMOVE THE NOVAKOVICH ORCHARD
SITE FROM CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
8
Saratoga City Council Minutes ~ February 16, 2022 ~ Page 2 of 7
Vice Mayor Fitzsimmons stated she needs to recuse herself from discussion of the Village and
Village East opportunity sites due to the potential financial impact it will have on property her
family owns. Vice Mayor Fitzsimmons was moved to attendee status in Zoom at this time.
Mayor Walia requested a recess and reconvened the meeting at 9:09 p.m.
BERNALD/ZHAO MOVED TO REMOVE THE VILLAGE SITE FROM
CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
KUMAR, ZHAO, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: FITZSIMMONS.
ABSENT: NONE.
ZHAO/BERNALD MOVED TO KEEP THE VILLAGE EAST SITE ON THE LIST FOR
CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
ZHAO, WALIA: NOES: KUMAR. ABSTAIN: NONE. RECUSED: FITZSIMMONS. ABSENT:
NONE.
Vice Mayor Fitzsimmons returned to the meeting as a Zoom panelist at this time.
Mayor Walia stated she needs to recuse herself from discussion of the Argonaut Shopping Center
opportunity site due to the proximity of the site to her residence. Mayor Walia stated although the
Sunnyvale-Saratoga Pierce Road is not technically a conflict of interest, due to concerns expressed
by residents, she is recusing herself from discussion of the Sunnyvale-Saratoga Pierce Road as
well and turned the meeting over to Vice Mayor Fitzsimmons. Mayor Walia was moved to
attendees status in Zoom at this time.
FITZSIMMONS/BERNALD MOVED TO REMOVE THE ARGONAUT SHOPPING
CENTER FROM CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL.
AYES: BERNALD, KUMAR, FITZSIMMONS: NOES: ZHAO. ABSTAIN: NONE. RECUSED:
WALIA. ABSENT: NONE.
FITZSIMMONS/ZHAO MOVED TO REMOVE THE SARATOGA SUNNYVALE-PIERCE
ROAD SITE FROM CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL.
AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS: NOES: NONE. ABSTAIN: NONE.
RECUSED: WALIA. ABSENT: NONE.
Vice Mayor Fitzsimmons turned meeting over to the Mayor and Mayor Walia returned to the
meeting as a Zoom panelist at this time.
ZHAO/FITZSIMMONS MOVED TO REMOVE THE OFFICE CENTER ON SARATOGA
AVENUE FROM CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL.
AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
BERNALD/WALIA MOVED TO REMOVE SARATOGA COUNTRY CLUB FROM
CONSIDERATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
9
Saratoga City Council Minutes ~ February 16, 2022 ~ Page 3 of 7
BERNALD/FITZSIMMONS MOVED TO REMOVE COMMUNITY FACILITIES
(PLACES OF WORSHIP) FROM CONSIDERATION. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
BERNALD/FITZSIMMONS MOVED TO ACCEPT THE LIST OF OPPORTUNITY SITES
UNDER CONSIDERATION (ALLENDALE/CHESTER, FELLOWSHIP PLAZA,
GATEWAY, PROSPECT/LAWRENCE, QUITO/POLLARD, SARATOGA AVENUE
(PUMPKIN PATCH), VILLAGE EAST, WARDELL). MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: KUMAR.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Mayor Walia requested a recess and reconvened the meeting at 11:10 p.m.
Council Member Bernald stated she wants the record to reflect a slide presented shows 1,919 units
and with the buffer another table shows 1,883 units which “can probably shake out over time.”
BERNALD/FITZSIMMONS MOVED TO APPROVE THE HOUSING OPPORTUNITY
SITE TABLE AS PRESENTED:
AREA DENSITY
RANGE
MINIMUM
NUMBER OF
HOMES
MAXIMUM
HEIGHT
(FLOORS)
PROSPECT/LAWRENCE
386-10-043, -004, -055, -
006, -007
80–150
UNITS/ACRE
410 10
FELLOWSHIP PLAZA
397-12-016
20
UNITS/ACRE
80 3
GATEWAY (NORTH)
366-22-023, -022
15-25
UNITS/ACRE
44 2
GATEWAY (SOUTH)
366-12-072, -054, -065, -
066, 386-53-031
30-40
UNITS/ACRE
197 3
VILLAGE EAST
397-27-001, -029, -028, 397-
31-020, -011, -008
30-40
UNITS/ACRE
87 3
SARATOGA AVENUE
389-06-017, -007, -006, -
008, -016
30-40
UNITS/ACRE
344 3
WARDELL
366-14-041
R-1-12,500 10 2
ALLENDALE/CHESTER
397-01-071
R-1-20,000 24 2
QUITO/POLLARD
403-22-016
R-1-10,000
10 2
AND MOVE FORWARD WITH THE NEXT STEPS IN THE PROCESS, INCLUDING
USE OF THESE SITES IN THE PROJECT DESCRIPTION FOR THE GENERAL PLAN
AND HOUSING ELEMENT UPDATE ENVIRONMENTAL IMPACT REPORT. MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA:
NOES: KUMAR. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
10
Saratoga City Council Minutes ~ February 16, 2022 ~ Page 4 of 7
BERNALD/WALIA MOVED TO APPROVE INCLUDING AN INCLUSIONARY
HOUSING REQUIREMENT POLICY IN THE HOUSING ELEMENT UPDATE TO
REQUIRE NEW MULTI-FAMILY HOUSING DEVELOPMENTS CONSISTING OF
FIVE OR MORE UNITES TO DEDICATE 15% OF THE UNITS AS AFFORDABLE
HOUSING TO MODERATE INCOME HOUSEHOLDS. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, ZHAO, WALIA: NOES: KUMAR, FITZSIMMONS.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Mayor Walia called the Regular Session to order at 7:06 p.m. via teleconferencing through Zoom.
The City Clerk explained the City Council meeting was conducted pursuant to State law as recently
amended by Assembly Bill 361, which allows the meeting to be conducted entirely by
teleconference. The City Council has met all the applicable notice requirements and the public is
welcome to participate. All Council Members, staff, and meeting attendees participated by Zoom.
Information on how the public can observe the meeting and provide public comment was provided.
ROLL CALL
PRESENT: Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council
Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
(All Council Members appearing via teleconference)
ABSENT: None
ALSO PRESENT:
James Lindsay, City Manager
Crystal Bothelio, Assistant City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
David Dorcich, Associate Civil Engineer
Nicole Johnson, Senior Planner
Christopher Riordan, Senior Planner
Nick Pegueros, Administrative Services Director
Lauren Pettipiece, Public Information Officer
Kayla Nakamoto, Administrative Analyst
(All staff members appearing via teleconference)
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on February 10, 2021.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following individuals spoke at this time:
Vivian discussed traffic at two locations in the City.
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Saratoga City Council Minutes ~ February 16, 2022 ~ Page 5 of 7
Terri Singer discussed traffic in the City and a no parking sign.
Dory Albert discussed timing for installation of the FLOCK cameras.
Brian R discussed the Pledge of Allegiance during Zoom meetings.
ANNOUNCEMENTS
Mayor Walia shared information about COVID-19 Updates, the upcoming free lecture “The
History of African Americans in Santa Clara County,” the new Ken Matsumoto exhibit at Hakone
Gardens, Commission Recruitments, and the Community Event Grant Program.
CEREMONIAL ITEMS
Appointment of Parks & Recreation Commissioner
Recommended Action:
Adopt the Resolution appointing one member to the Parks & Recreation Commission and
direct the City Clerk to administer the Oath of Office.
RESOLUTION 22-003
BERNALD/ZHAO MOVED TO ADOPT THE RESOLUTION APPOINTING ONE
MEMBER TO THE PARKS & RECREATION COMMISSION AND DIRECTED
THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED
BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1. CONSENT CALENDAR
Mayor Walia invited public comment on the Consent Calendar.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the January 28, 2022 City Council Special Meeting and the
Minutes for the February 2, 2022 City Council Regular Meeting.
FITZSIMMONS/ZHAO MOVED TO APPROVE THE MINUTES FOR THE JANUARY
28, 2022 CITY COUNCIL SPECIAL MEETING AND THE MINUTES FOR THE
FEBRUARY 2, 2022 CITY COUNCIL REGULAR MEETING. MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
1/28/22 Period 7.
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Saratoga City Council Minutes ~ February 16, 2022 ~ Page 6 of 7
FITZSIMMONS/ZHAO MOVED TO REVIEW AND ACCEPT CHECK REGISTERS
FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 1/28/22
PERIOD 7. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR,
ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended December 31, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended December 31, 2021.
FITZSIMMONS/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S
REPORT FOR THE MONTH ENDED DECEMBER 31, 2021. MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA:
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Ordinance Adding Article 2-55 to the Saratoga Municipal Code Relating to Electronic
and Paperless Filing of Fair Political Practices Commission Campaign Disclosure
Statements
Recommended Action:
Adopt the ordinance adding Article 2-55 to the Saratoga Municipal Code relating to
electronic and paperless filing of Fair Political Practices Commission Campaign Disclosure
Statements.
ORDINANCE 388
FITZSIMMONS/ZHAO MOVED TO ADOPT THE ORDINANCE ADDING ARTICLE
2-55 TO THE SARATOGA MUNICIPAL CODE RELATING TO ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION
CAMPAIGN DISCLOSURE STATEMENTS. MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Mary-Lynne Bernald
Nothing to report for assignments; stated she attended the recent Hakone meeting with Sister City
Association at which a Lunar New Year presentation was provided.
Council Member Rishi Kumar
Discussed missing the “garbage and clean water meeting” that was held recently.
Council Member Yan Zhao
Saratoga Area Senior Coordinating Council Board of Directors (SASCC) – stated a Health Fair
will be held in Los Gatos in September.
Saratoga Ministerial Association – stated this was the first meeting of the year and the Association
received an update for the recent Martin Luther King event held at City Hall.
Valley Transportation Authority (VTA) Policy Advisory Committee – stated several reports were
provided including an update on 2016 Measure B Bicycle and Pedestrian Education and
Encouragement Program progress for FY 20/21, received a report on FY 20/21 Annual
Transportation System Monitoring, reviewed the workplan for this year, and member agencies
submitted projects.
13
Saratoga City Council Minutes ~ February 16, 2022 ~ Page 7 of 7
Vice Mayor Kookie Fitzsimmons
Chamber of Commerce – stated the Saratoga Classic and Cool Car Show will be held Sunday, July
24,2022 from 10:00 a.m. to 4:00 p.m.; other activities related to the Car Show will kick off July
16, 2022.
Mayor Tina Walia
Cities Association of Santa Clara County-Legislative Action Committee – stated Mark Berman
provided a presentation and the Board received information related to teleconferencing and the
Brown Act.
Cities Association of Santa Clara County – Board of Directors received numerous presentations
including overview of the ‘Our Neighborhood Voices’ initiative.
Silicon Valley Clean Energy Authority Board of Directors – stated rates will be adjusted and will
continue to provide a 1% discount related to PG&E’s rates; PG&E’s rates are expected to increase
effective March 1, 2022 subject to CPUC approval; discussed use of funds in the coming year;
discussed an energy procurement contract for long term energy storage; the Board appointed
members of the 2022 Committees.
CITY COUNCIL ITEMS
Council Member Bernald requested that staff reach out to Vivian regarding parking at Parker
Ranch Road and requested that staff advise Terri Singer when the Traffic Safety Committee meets,
and discussed the Pledge of Allegiance at in-person meetings.
COUNCIL COMMUNICATIONS
Council Member Kumar discussed RHNA numbers audit, a proposed Ballot Measure being
circulated in the City and solar power in California.
CITY MANAGER'S REPORT
None
After concluding Regular Session items, the City Council returned to the Study Session.
ADJOURNMENT
BERNALD/WALIA MOVED TO ADJOURN THE MEETING AT 12:04 A.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga
14
SARATOGA CITY COUNCIL
MEETING DATE: March 2, 2022
DEPARTMENT: Administrative Services - Finance
PREPARED BY: Evangeline Bundang
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
2/10/22 Period 8; 2/17/22 Period 8.
BACKGROUND:
The information listed below provides detail for City check runs. Checks issued for $20,000 or
greater are listed separately as well as any checks that were voided during the time period. Fund
information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
2/10/2022 144704 144784 81 515,050.41 2/10/2022 1/28/2022 144703
2/17/2022 144785 144846 62 710,343.68 2/17/2022 2/10/2022 144784
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
2/10/2022 144707 Aecom Technical Services General CDD House Family Vineyards Project 25,348.88
2/10/2022 144719 City of San Jose General ASD Animal Control Services 53,995.05
2/10/2022 144723 Comp Shared Risk Pool Workers Comp ASD Workers Comp Premium 48,725.00
2/10/2022 144727 Daco Construction CIP Street Projects Fund PW Mt. Eden Rd. Pavement Repair 24,975.00
2/10/2022 144746 Just Leaks, Inc.Building Fee Replacement CDD Grace Building 29,770.28
2/10/2022 144764 Samir & Sundari Mitra General CDD Deposit Refund 55,336.64
2/10/2022 144767 Santa Clara Valley Trans Authority General PW FY21/22 CMP Membership Fees 26,514.00
2/10/2022 144769 Shute Mihaly & Weinberger General Various Attorney Services 27,835.24
2/10/2022 144774 The Bank of New York Mellon Arrowhead Bond ASD Interest Payment 42,392.79
2/10/2022 144779 Villalobos & Associates CIP Street Projects Fund PW Saratoga Ave/Creek Projects 51,041.00
2/17/2022 144819 SCC Office of the Sheriff General ASD Law Enforcement February 2022 574,165.83
Accounts Payable checks voided during this time period:
AP Date Check #Amount
12/21/2021 144534 Santa Clara County-DTAC Lost, never received 293.00 Reissued
Fund Purpose
StatusReason Issued to
Issued to
Prior Check Register
Checks
ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Ending
Check #
Starting
Check #Type of Checks Date
15
ATTACHMENTS:
Attachment A – 2/10/22 Check Register in the ‘A/P Checks by Period and Year’ report format
Attachment B – 2/17/22 Check Register in the ‘A/P Checks by Period and Year’ report format
16
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:12:30 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/22
FUND FUND TITLE AMOUNT
111 GENERAL FUND 260,101.91
241 ARROYO DE SARATOGA LNDSCP .00
245 FREDERICKSBURG LANDSCAPE 1,800.00
252 PRIDES CROSSING LANDSCAPE 268.00
273 GATEWAY L&L 2,060.00
276 TOLLGATE L&L 628.00
279 BROOKVIEW L&L 2,620.00
361 ARROWHEAD BOND 45,392.79
411 CIP STREET PROJECTS FUND 85,233.95
412 CIP PARKS PROJECT FUND 1,885.30
413 CIP FACILITY PROJECT FUND 1,658.34
414 CIP ADMIN PROJECTS FUND 12,202.50
612 WORKERS COMP FUND 49,058.00
621 OFFICE SUPPORT 2,299.02
622 IT SERVICES 2,803.35
623 VEHICLE & EQUIPMENT MAINT 2,859.96
624 BUILDING MAINTENANCE 7,792.40
632 IT EQUIPMENT REPLACEMENT 4,492.51
633 BUILDING FFE REPLACEMENT 29,770.28
713 WVCWP AGENCY FUND 2,124.10
TOTAL REPORT 515,050.41
17
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:11:31 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144704 11111 02/10/22 234 A T & T 63211 MONTHLY RECUR CHARGES 166.16
144704 11111 02/10/22 234 A T & T 63211 PROSPECT CENTER 105.32
144704 11111 02/10/22 234 A T & T 63211 BLANEY IRRIGATION 22.35
144704 11111 02/10/22 234 A T & T 63211 PRSPCT CTR EMER ALARM 276.73
144704 11111 02/10/22 234 A T & T 63211 CRP YRD EMER POTS LNS 42.99
144704 11111 02/10/22 234 A T & T 63211 ALARM SYS CIVIC THTR 209.69
144704 11111 02/10/22 234 A T & T 63211 SENIOR CENTER ALARMS 43.31
TOTAL CHECK 866.55
144705 11111 02/10/22 1130 ABLE SEPTIC TANK SVC 64212 EL QUITO PARK SEWER LINE 4,397.80
144706 11111 02/10/22 35 ACCENT GRAPHICS 64121 ENVELOPES 437.14
144707 11111 02/10/22 1692 AECOM TECHNICAL SERVICES 22119 ENV21-0011 HOUSE FAM 25,348.88
144708 11111 02/10/22 500 AHMAD GHAVI 68353 NBHD WTCH GRNT CS 300.00
144709 11111 02/10/22 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 189.96
144710 11111 02/10/22 1508 BABETTE MCKAY 61111 SUPPLIES REIMB 157.43
144711 11111 02/10/22 1192 BAKER'S LOCK AND KEY SERV 61133 FACILITIES SUPPLIES 14.77
144712 11111 02/10/22 641 BKF ENGINEERS 81143 VILLAGE PEDESTRIAN ENHANC 411.75
144713 11111 02/10/22 365 BOREL, KRISTIN 61111 SUPPLIES REIMB 19.60
144714 11111 02/10/22 607 BUDGET FLOORING, INC. 81161 SENIOR PANTRY FLOOR PROJE 920.25
144715 11111 02/10/22 552 CA DEPARTMENT OF JUSTICE 64161 JAN FINGERPRINT APPS 64.00
144716 11111 02/10/22 99 CAMPBELL UNION HIGH SCHOO 61151 GRANT PRSPCT HGH ART 750.00
144717 11111 02/10/22 130 CDW GOVERNMENT 61275 SPECIALTY PRINTERS 243.19
144718 11111 02/10/22 179 CIM AIR, INC 64514 HVAC SERVICES 995.00
144718 11111 02/10/22 179 CIM AIR, INC 64514 HVAC REMOTE SITE SRVC 995.00
TOTAL CHECK 1,990.00
144719 11111 02/10/22 517 CITY OF SAN JOSE 64821 SEP-NOV21 ANIMAL SRVC 53,995.05
144720 11111 02/10/22 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67
144721 11111 02/10/22 991 COMCAST 63213 COMCAST (TV) 47.95
144722 11111 02/10/22 1369 COMCAST CORPORATION 63213 COMCAST (P2P) 653.92
144723 11111 02/10/22 1511 COMP SHARED RISK POOL (SH 67211 FY21/22 Q3 WC PREMIUM 48,725.00
144724 11111 02/10/22 1624 CONFIDENCE UST SERVICES, 62144 12/9/21 UST INSPECT 230.00
144725 11111 02/10/22 1152 CORODATA RECORDS MANAGEME 62631 JAN RECORDS STORAGE 159.69
144726 11111 02/10/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0040 (S6071) 1,484.50
144726 11111 02/10/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0042 (S6341) 1,981.60
144726 11111 02/10/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0043 (S6351) 1,894.60
18
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:11:31 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144726 11111 02/10/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0044 (S6361) 1,912.00
144726 11111 02/10/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0045 (S6371) 1,805.00
TOTAL CHECK 9,077.70
144727 11111 02/10/22 1598 DACO CONSTRUCTION 81161 MT EDEN RD PATCH REPAIR 24,975.00
144728 11111 02/10/22 342 DATA TICKET INC 62481 DEC CITATIONS 100.00
144729 11111 02/10/22 225 DELL MARKETING L.P. C/O D 61272 DESKTOP REPLACEMENTS FOR 3,894.00
144729 11111 02/10/22 225 DELL MARKETING L.P. C/O D 61272 SALES TAX 355.32
TOTAL CHECK 4,249.32
144730 11111 02/10/22 573 STATE OF CALIFORNIA 64533 OCT-DEC SIG & LIGHTS 1,149.36
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64541 JAN AZULE PARK 715.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64541 JAN BROOKGLEN PARK 120.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64541 JAN FOOTHILL PARK 191.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64541 JAN GARDINER PARK 191.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64547 JAN PRIDES CROSSING 268.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64543 JAN PROSPECT MEDIANS 417.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64541 JAN RAVENWOOD PARK 120.00
144731 11111 02/10/22 1717 DINSMORE LANDSCAPE COMPAN 64555 JAN TRL DOG STATIONS 652.00
TOTAL CHECK 2,674.00
144732 11111 02/10/22 355 DURAN & VENABLES, INC. 81161 FILL WATER TANKS 4,907.00
144733 11111 02/10/22 370 ECONOMY LUMBER 68161 QUARRY PARK LUMBER 315.33
144734 11111 02/10/22 500 ED HUNTER 81121 THTR LGHT CNTRL REIMB 130.29
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64555 ORCHRD TRL WEED CNTRL 990.00
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64545 PARKS WEED CONTROL 2,800.00
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64545 PARKS WEED CONTROL 2,800.00
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64555 JOES TRAIL WEED CNTRL 2,800.00
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64545 PARAMOUNT WEED CONTRL 2,400.00
144735 11111 02/10/22 416 EVANS WEST VALLEY SPRAY 64545 CITY HALL WEED CONTRL 800.00
TOTAL CHECK 12,590.00
144736 11111 02/10/22 1734 FRANCES REED 61111 SUPPLIES REIMB 64.38
144737 11111 02/10/22 500 GARG NITIN 22113 DEP BD REF ARB20-0041 4,025.00
144738 11111 02/10/22 1365 GMO GLOBALSIGN, INC. 64312 SOFTWARE SUPPORT 392.00
144739 11111 02/10/22 461 GOVERNMENT FINANCE OFFICE 62412 FY21 CERT ACHIEVEMENT 530.00
144740 11111 02/10/22 488 HOME DEPOT CREDIT SERVICE 61331 ROAD MAINT SUPPLIES 65.56
144740 11111 02/10/22 488 HOME DEPOT CREDIT SERVICE 61331 ROAD MAINT SUPPLIES 693.29
144740 11111 02/10/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 55.79
TOTAL CHECK 814.64
144741 11111 02/10/22 472 HT HARVEY & ASSOCIATES 81141 MT EDEN STABILIZATION 914.32
144742 11111 02/10/22 14 HYDROTEC IRRIGATION EQUIP 64549 INTERNAL CORRECTION 3,800.94
144742 11111 02/10/22 14 HYDROTEC IRRIGATION EQUIP 64549 INTERNAL CORRECTION -3,800.94
144742 11111 02/10/22 14 HYDROTEC IRRIGATION EQUIP 81151 AZUL REPLACE FOUNTAIN 815.01
19
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:11:31 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144742 11111 02/10/22 14 HYDROTEC IRRIGATION EQUIP 81151 CSP REPLACE FOUNTAIN 274.12
144742 11111 02/10/22 14 HYDROTEC IRRIGATION EQUIP 81151 AZUL FOUNTAIN 796.17
TOTAL CHECK 1,885.30
144743 11111 02/10/22 19 IAN GEDDES TREE CARE, INC 64549 PROSPECT RD RMV TREES 2,620.00
144743 11111 02/10/22 19 IAN GEDDES TREE CARE, INC 64549 GREENBRIAR RMV TREE 2,060.00
TOTAL CHECK 4,680.00
144744 11111 02/10/22 39 INDUSTRIAL WIPER & SUPPLY 61331 ROAD MAINT SUPPLIES 293.04
144745 11111 02/10/22 63 INTERSTATE TRAFFIC CONTRO 81121 ROAD IMP SUPPLIES 462.11
144745 11111 02/10/22 63 INTERSTATE TRAFFIC CONTRO 81121 CUSTOM SIGNS 1,036.88
TOTAL CHECK 1,498.99
144746 11111 02/10/22 1078 JUST LEAKS, INC. 77265 GRACE BUILDING REROOF PRO 28,965.00
144746 11111 02/10/22 1078 JUST LEAKS, INC. 77263 AC-4 ROOF REPAIRS 805.28
TOTAL CHECK 29,770.28
144747 11111 02/10/22 178 LEAGUE OF CALIFORNIA CITI 62211 CY22 MEMBERSHIP DUES 13,543.00
144748 11111 02/10/22 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00
144749 11111 02/10/22 1164 MOUSER LAW FIRM 65273 FY 21/22 LEGAL SERVICES: 512.00
144750 11111 02/10/22 678 MUNICIPAL CODE CORPORATIO 64141 ELECTRONIC UPDATES 2,847.50
144751 11111 02/10/22 831 MUSSON THEATRICAL, INC 81121 THEATER CNTRLS EQUIP 607.80
144752 11111 02/10/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,134.00
144752 11111 02/10/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 891.00
144752 11111 02/10/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,134.00
144752 11111 02/10/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,053.00
TOTAL CHECK 4,212.00
144753 11111 02/10/22 1324 READYREFRESH 62614 DRINKING WATER SVC 115.10
144754 11111 02/10/22 1062 NI GOVERNMENT SERVICES, I 63211 12/21 AIRTIME 77.37
144755 11111 02/10/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 64.63
144756 11111 02/10/22 1669 ORLANDI TRAILER INC. 81121 RADAR SIGN MATERIALS 316.60
144757 11111 02/10/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64557 QUARRY PARK RMV TREE 2,600.00
144758 11111 02/10/22 610 PACIFIC DISPLAY, INC 64537 JAN VIL PED LIGHTING 900.00
144759 11111 02/10/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 163.57
144759 11111 02/10/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 40.70
144759 11111 02/10/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 9.85
144759 11111 02/10/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 147.08
144759 11111 02/10/22 173 PACIFIC GAS & ELECTRIC 63111 MONTE VISTA DRIVE 14.92
TOTAL CHECK 376.12
144760 11111 02/10/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 176.17
144761 11111 02/10/22 500 PHILIP DECKER 24211 DEP REF FACILITY 500.00
20
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:11:31 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144762 11111 02/10/22 500 RAY FROESS 68353 NBHD WTCH GRNT MLJVCH 300.00
144763 11111 02/10/22 393 REED & GRAHAM, INC 81121 STREETS SUPPLIES 315.13
144764 11111 02/10/22 500 SAMIR AND SUNDARI MITRA 22113 DEP BD REF ARB21-0012 54,987.50
144764 11111 02/10/22 500 SAMIR AND SUNDARI MITRA 22111 DEP REF ARB21-0012 349.14
TOTAL CHECK 55,336.64
144765 11111 02/10/22 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 793.76
144765 11111 02/10/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 3,488.18
144765 11111 02/10/22 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 628.00
144765 11111 02/10/22 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 1,792.91
TOTAL CHECK 6,702.85
144766 11111 02/10/22 1 SANTA CLARA COUNTY CLERK- 22119 MIL21-0001 RECORD FEE 141.00
144767 11111 02/10/22 91 SANTA CLARA VALLEY TRANS 62233 FY 21/22 CMP MEM FEES 26,514.00
144768 11111 02/10/22 136 SCOTTY'S AUTOMOTIVE 64611 VEHICLE MAINTENANCE 155.32
144768 11111 02/10/22 136 SCOTTY'S AUTOMOTIVE 64611 VEHICLE MAINTENANCE 129.72
TOTAL CHECK 285.04
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 26.60
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65214 CDE 26.60
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 212.80
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 2,711.30
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 106.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 1,134.00
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 4,813.20
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65214 CDE 176.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 302.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 4,082.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 25.20
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 261.44
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 2,948.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 7,635.60
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 1,562.40
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 22119 SB 35 PROJECT 297.90
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 22119 RW 930.00
144769 11111 02/10/22 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR 582.20
TOTAL CHECK 27,835.24
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 81131 LL0006627618 403.00
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006628382 316.00
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006633757 238.00
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006628386 218.00
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006634519 1,291.32
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006628706 214.00
144770 11111 02/10/22 313 BAY AREA NEWS GROUP 62132 LL0006633041 109.00
TOTAL CHECK 2,789.32
144771 11111 02/10/22 1359 SOFTWAREONE, INC. 64323 SOFTWARE RENEWAL 1,819.31
144771 11111 02/10/22 1359 SOFTWAREONE, INC. 61278 SOFTWARE RENEWAL 983.49
TOTAL CHECK 2,802.80
21
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5
DATE: 02/10/2022 CITY OF SARATOGA VENCHK11
TIME: 18:11:31 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144772 11111 02/10/22 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 2,344.92
144773 11111 02/10/22 256 STEVENS CREEK QUARRY INC 81121 STREETS SUPPLIES 451.16
144774 11111 02/10/22 710 THE BANK OF NEW YORK MELL 71122 SARATOGA18 INTEREST 45,392.79
144775 11111 02/10/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00
144775 11111 02/10/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 175.00
TOTAL CHECK 333.00
144776 11111 02/10/22 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER LEASE JAN 849.11
144776 11111 02/10/22 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER MAINT NOV-DEC 853.08
TOTAL CHECK 1,702.19
144777 11111 02/10/22 1707 URBAN PLANNING PARTNERS, 81141 DEC HOUSING ELEMENT 12,202.50
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 61171 WVCWP ADOBE SUBSCRIPT 88.81
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 63213 WVCWP INTERNET JAN 270.14
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 64311 WVCWP IT SERVICES 25.00
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 66111 WVCWP MTG EXPENSES 54.99
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 868.49
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 63211 WVCWP PHONE DEC-JAN 577.60
144778 11111 02/10/22 391 US BANK PURCHASING CARD P 64313 WVCWP WEBSITE SERVICE 239.07
TOTAL CHECK 2,124.10
144779 11111 02/10/22 1524 VILLALOBOS & ASSOCIATES 81161 SARATOGA CREEK DRIVE 1,216.00
144779 11111 02/10/22 1524 VILLALOBOS & ASSOCIATES 81161 SARATOGA CREEK DRIVE C & 24,725.00
144779 11111 02/10/22 1524 VILLALOBOS & ASSOCIATES 81161 SARATOGA AVENUE AC 24,500.00
144779 11111 02/10/22 1524 VILLALOBOS & ASSOCIATES 81161 SARATOGA AVENUE AC 600.00
TOTAL CHECK 51,041.00
144780 11111 02/10/22 786 WALKER, NINA 61111 SUPPLIES REIMB 19.64
144781 11111 02/10/22 432 WEST VALLEY COLLECTIONS 62616 JAN CS BINS 490.44
144782 11111 02/10/22 1678 WILINE NETWORKS INC. 63213 ISP ANNUAL SERVICES 1,147.81
144783 11111 02/10/22 1571 WORKTERRA 64163 JAN FLEX ADM FEES 200.00
144783 11111 02/10/22 1571 WORKTERRA 64163 2022 FLEX RNWL FEES 150.00
TOTAL CHECK 350.00
144784 11111 02/10/22 500 YI SU 64549 LLA ZONE 2 MISC REPRS 1,800.00
TOTAL FUND 515,050.41
TOTAL REPORT 515,050.41
22
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:45:54 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 8/22
FUND FUND TITLE AMOUNT
111 GENERAL FUND 653,069.48
233 SARAHILLS LIGHTING DIST 220.59
241 ARROYO DE SARATOGA LNDSCP 171.68
242 BONNET WAY LANDSCAPE 387.92
244 CUNNINGHAM/GLASGOW LND 354.94
245 FREDERICKSBURG LANDSCAPE 87.63
246 GREENBRIAR LANDSCAPE 581.12
247 KERWIN RANCH LANDSCAPE 144.49
248 LEUTAR COURT LANDSCAPE 249.13
251 MCCARTYSVILLE LANDSCAPE 678.18
252 PRIDES CROSSING LANDSCAPE 2,219.62
254 SUNLAND PARK LANDSCAPE 417.58
255 TRICIA WOODS LANDSCAPE 72.72
271 BEUACHAMPS L&L 59.83
272 BELLGROVE L&L 2,129.94
273 GATEWAY L&L 519.18
274 HORSESHOE DRIVE L&L 9.87
276 TOLLGATE L&L 16.23
279 BROOKVIEW L&L 227.26
292 PARAMOUNT COURT SWD 103.67
411 CIP STREET PROJECTS FUND 24,132.61
414 CIP ADMIN PROJECTS FUND 1,500.00
612 WORKERS COMP FUND 158.00
622 IT SERVICES 2,062.18
623 VEHICLE & EQUIPMENT MAINT 5,128.07
624 BUILDING MAINTENANCE 10,770.93
631 VEHICLE/EQUIP REPLACEMENT 76.56
713 WVCWP AGENCY FUND 4,794.27
TOTAL REPORT 710,343.68
23
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:44:24 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144785 11111 02/17/22 234 A T & T 63211 GATEWAY IRR CONTROL 22.28
144785 11111 02/17/22 234 A T & T 63211 ELEC PANEL CVC THTR 46.02
144785 11111 02/17/22 234 A T & T 63211 PHONE LINES LIB IRR 22.83
144785 11111 02/17/22 234 A T & T 63211 EMERGENCY POTS LINE 46.02
144785 11111 02/17/22 234 A T & T 63211 EMER POTS LN CDD LBBY 22.28
144785 11111 02/17/22 234 A T & T 63211 EMER POTS LINE VM 27.45
144785 11111 02/17/22 234 A T & T 63211 AM 1610 RADIO SARA 22.28
144785 11111 02/17/22 234 A T & T 63211 BOOK-GO-ROUND ALARM 43.56
144785 11111 02/17/22 234 A T & T 63211 CS PARK HVB IRR 43.99
TOTAL CHECK 296.71
144786 11111 02/17/22 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICE 639.14
144787 11111 02/17/22 1130 ABLE SEPTIC TANK SVC 64524 PLUMBING REPAIRS 250.00
144788 11111 02/17/22 1735 AGNES PABIS 61111 OFFICE SUPPLIES 263.40
144789 11111 02/17/22 500 ALOK MAHAJAN 43531 PERMIT 20-1469 CANCEL 500.00
144790 11111 02/17/22 1600 ARTICULATE SOLUTIONS, INC 64313 INTERNAL CORRECTION 1,041.97
144790 11111 02/17/22 1600 ARTICULATE SOLUTIONS, INC 64313 INTERNAL CORRECTION -1,041.97
144790 11111 02/17/22 1600 ARTICULATE SOLUTIONS, INC 64313 WVCWP OUTREACH 1,309.27
TOTAL CHECK 1,309.27
144791 11111 02/17/22 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 427.59
144792 11111 02/17/22 362 BOETHING TREELAND FARMS I 64541 LANDSCAPE SERVICES 171.67
144793 11111 02/17/22 1536 CALIFORNIA SPORT DESIGN 61313 CTY COUNCIL OUTERWEAR 696.62
144794 11111 02/17/22 179 CIM AIR, INC 64514 HVAC REPAIRS 898.00
144795 11111 02/17/22 188 CITY OF CAMPBELL 62624 WVCWP 21/22 MAR LEASE 1,910.00
144796 11111 02/17/22 1624 CONFIDENCE UST SERVICES, 64611 VEHICLE MAINTENANCE 1,019.27
144797 11111 02/17/22 250 COTTON SHIRES AND ASSOCIA 81141 PROJ E5428 PALOMINO 1,199.88
144798 11111 02/17/22 741 CPRS 62251 MEMBER DUES MEEK 170.00
144799 11111 02/17/22 320 CYGANY INC 61341 LANDSCAPE SUPPLIES 2,272.00
144800 11111 02/17/22 1688 ENVIRONMENTAL SCIENCE ASS 81141 JAN BRIDGE MAINT RPRS 6,571.63
144801 11111 02/17/22 500 ERIK SWANSON 62411 MLK EVENT REIMB 1,187.06
144802 11111 02/17/22 416 EVANS WEST VALLEY SPRAY 64545 CS PARK TURF SPRAY 4,800.00
144802 11111 02/17/22 416 EVANS WEST VALLEY SPRAY 64557 QUARRY PRK WEED CNTRL 7,000.00
144802 11111 02/17/22 416 EVANS WEST VALLEY SPRAY 64555 TRAILS WEED CONTROL 2,200.00
144802 11111 02/17/22 416 EVANS WEST VALLEY SPRAY 64555 TRAILS WEED CONTROL 2,200.00
144802 11111 02/17/22 416 EVANS WEST VALLEY SPRAY 64555 TRAILS WEED CONTROL 2,200.00
TOTAL CHECK 18,400.00
144803 11111 02/17/22 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMMISSION 2,747.13
144803 11111 02/17/22 423 FEHR & PEERS 81143 SAFE ROUTES TO SCHOOL MAS 510.00
TOTAL CHECK 3,257.13
24
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:44:24 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144804 11111 02/17/22 1456 FUNFLICKS SF BAY AREA/JAC 13224 JUL/AUG22 MOVIE NITES 2,681.24
144805 11111 02/17/22 454 GACHINA LANDSCAPE MANAGEM 81161 INT CORR PAID W/O PO 795.00
144805 11111 02/17/22 454 GACHINA LANDSCAPE MANAGEM 81161 INT CORR PAID W/O PO -795.00
144805 11111 02/17/22 454 GACHINA LANDSCAPE MANAGEM 81161 FEB MNTHLY WEED ABATE 795.00
TOTAL CHECK 795.00
144806 11111 02/17/22 1608 GREEN HALO SYSTEMS INC. 64323 FEB TRACKING FEES 192.00
144807 11111 02/17/22 563 HEID, W JEFFREY 64549 PRIDES CROSSING ENTRYWAY 1,750.00
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 SUNLAND SPRNKLR RPR 417.58
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 BELLGROVE REPAIR WIRE 164.98
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 MCCARTYSVILLE SPRNKLR 253.49
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 CS PARK SPRINKLER RPR 477.79
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 ORCHARD IRR REPAIR 122.80
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 GLASGOW IRR REPAIR 94.57
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 BONNET WY IRR REPLACE 361.99
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64734 ECG PUMP STATION 111.50
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64548 LIBRARY IRR REPLACE 99.49
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64549 KERWIN SPRINKLER RPR 144.49
144808 11111 02/17/22 14 HYDROTEC IRRIGATION EQUIP 64734 ECG PUMP STA INSTALL 218.00
TOTAL CHECK 2,466.68
144809 11111 02/17/22 199 JENSEN, PAUL 81144 BOHLMAN ROAD SURVEY 6,898.00
144810 11111 02/17/22 1563 LOGAN & POWELL, LLP 65282 WVCWP LEGAL COUNSEL SERVI 1,575.00
144811 11111 02/17/22 1546 LYNX TECHNOLOGIES, INC. 64341 JAN GIS CONSULTING 375.00
144811 11111 02/17/22 1546 LYNX TECHNOLOGIES, INC. 64341 JAN GIS CONSULTING 875.00
TOTAL CHECK 1,250.00
144812 11111 02/17/22 500 MANYFRIENDS LLC 81161 BUS RNWL GRANT PROG 1,500.00
144813 11111 02/17/22 500 NAZANIN AHMADKHANI 46246 DEP REFUND FACILITY 81.00
144814 11111 02/17/22 1572 NBBM SERVICES, INC 64551 JAN WKND PRK RESTROOM 3,854.40
144815 11111 02/17/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,161.00
144816 11111 02/17/22 110 NBS-GOVT FINANCE GROUP 22151 BONDS LIB PROJ FEES 1,841.50
144817 11111 02/17/22 1324 READYREFRESH 62614 DRINKING WATER SVC 132.10
144818 11111 02/17/22 1062 NI GOVERNMENT SERVICES, I 63211 1/22 AIRTIME 77.37
144819 11111 02/17/22 1 OFF OF SHERIFF-FISCAL SVC 64811 LAW ENFORCE FEB 2022 570,165.83
144819 11111 02/17/22 1 OFF OF SHERIFF-FISCAL SVC 64815 FY22 COMM. ACADEMY 4,000.00
TOTAL CHECK 574,165.83
144820 11111 02/17/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 71.11
144820 11111 02/17/22 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 18.10
TOTAL CHECK 89.21
144821 11111 02/17/22 1070 OMEGA INDUSTRIAL SUPPLY, 61331 ROAD MAINT SUPPLIES 1,127.41
25
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:44:24 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144822 11111 02/17/22 1658 ORCHARD KEEPERS, INC. 64554 HERITAGE ORCHARD MAINTENA 4,312.28
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS 59.83
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 688.14
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 6,502.74
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW 9.87
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 HORSESHOE DR LNDSCAPE 9.87
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE 19.77
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 715.27
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING 29.35
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 220.59
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE 16.23
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS 1,543.64
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 831.85
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 2,779.82
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 228.30
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 646.98
144823 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 LOAN RETROFIT PROGRAM 653.83
TOTAL CHECK 14,956.08
144824 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 30.94
144824 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 GATEWAY SERVICE 14.89
144824 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 PARAMOUNT CT. 10.52
144824 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 327.84
TOTAL CHECK 384.19
144825 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 475.02
144826 11111 02/17/22 173 PACIFIC GAS & ELECTRIC 63111 ECG PUMP STATION 51.04
144827 11111 02/17/22 1697 PENINSULA CRANE & RIGGING 81161 CRANE RELOCATE K-RAIL 2,375.00
144828 11111 02/17/22 629 QUALITY STRIPING, INC 81161 STRIPING AT HIGHWAY 9 5,496.00
144829 11111 02/17/22 1619 RICHARDSON CONSULTING 22119 ENV19-0005 JAN 2,400.00
144829 11111 02/17/22 1619 RICHARDSON CONSULTING 22119 ENV20-0003 JAN 3,300.00
TOTAL CHECK 5,700.00
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 12050 BROOKGLEN 50% 227.26
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 ARROYO DE SARATOGA 171.68
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 BELLGROVE 1,276.82
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 BONNET WAY 10% 25.93
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 CUNNINGHM/GLSGW 77.5% 250.50
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 FREDERICKSBURG 87.63
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 GATEWAY PROJECT 504.29
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 GREENBRIAR 581.12
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 LEUTAR CT. 249.13
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 25% 75.45
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 PARAMOUNT COURT 93.15
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 651.47
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 PRIDES CROSSING 440.27
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 TRICIA WOODS 22.5% 72.72
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 329.47
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 910.72
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS BONNET 90% 233.38
26
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:44:24 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS BRKGLN 50% 227.26
144830 11111 02/17/22 87 SAN JOSE WATER COMPANY 63112 MED/MCCARTYSVILLE 75% 226.35
TOTAL CHECK 6,634.60
144831 11111 02/17/22 1 SANTA CLARA COUNTY - DTAC 62325 NOV HANDCIAP CITATION 68.00
144831 11111 02/17/22 1 SANTA CLARA COUNTY - DTAC 62325 NOV PARKING CITATIONS 225.00
TOTAL CHECK 293.00
144832 11111 02/17/22 149 SIERRA DISPLAY INC 64537 LIGHT LED STRING 445.78
144833 11111 02/17/22 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 1,735.09
144834 11111 02/17/22 313 BAY AREA NEWS GROUP 62132 LL0006633921 25.00
144834 11111 02/17/22 313 BAY AREA NEWS GROUP 62132 LL0006633921 65.00
TOTAL CHECK 90.00
144835 11111 02/17/22 1394 ST. FRANCIS ELECTRIC, LLC 64221 STREETLIGHT SVC JAN 430.00
144836 11111 02/17/22 1246 STATEWIDE TRAFFIC SAFETY 81121 STREETS SUPPLIES 287.10
144837 11111 02/17/22 500 STEPHEN AZZI 46243 DEP REFUND FACILITY 121.50
144838 11111 02/17/22 500 SUBHA RAJANA 68353 NBHD WTCH GRNT FRD-WL 300.00
144839 11111 02/17/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00
144840 11111 02/17/22 343 TMT ENTERPRISES INC 64552 INFIELD MIX 5,704.30
144840 11111 02/17/22 343 TMT ENTERPRISES INC 64552 INFIELD MIX 2,844.06
TOTAL CHECK 8,548.36
144841 11111 02/17/22 933 TURF & INDUSTRIAL EQUIPME 64611 TRACTOR REPAIR 3,182.45
144842 11111 02/17/22 389 U SAVE ROCKERY 61348 PLAYGROUND SUPPLIES 262.50
144843 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 510.89
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66211 CERTIFIED TRAINING 379.95
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 398.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66112 CC MTG EXPENSES 208.16
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 126.11
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66112 CC MTG EXPENSES 195.50
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 62131 CONSTANT CONTACT 115.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 172.50
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61278 ZOOM SOFTWARE 1,344.95
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 420.64
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61113 CALCHAMBER NOTICES 124.70
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 506.10
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61171 SMALL OFFICE EQUIP 115.77
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 62112 CREDIT CARD FEES .60
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 62441 CA DEPT PEST LICENSE 60.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66211 CERTIFIED TRAINING 279.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66211 2022 CPRS CONFERENCE 495.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66211 CAPIO WEBINARS 50.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 64323 BLUEBEAM SOFTWARE 349.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66131 PC ACADEMY BROWNLEY 625.00
27
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5
DATE: 02/17/2022 CITY OF SARATOGA VENCHK11
TIME: 12:44:24 CHECK REGISTER ACCOUNTING PERIOD: 8/22
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61132 JANITORIAL SUPPLIES 57.79
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61323 PAINT SUPPLIES 49.91
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61211 IT SUPPLIES 398.11
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61116 EMPLOYEE RECOGNITION 25.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 64611 VEH #129 & #131 TIRES 904.50
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 77113 VEHICLE #150 PARTS 76.56
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61331 ROAD MAINT SUPPLIES 98.20
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 64221 DOWNTOWN VIL REPAIRS 85.72
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61361 VEHICLE #142 PARTS 21.85
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 36.90
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 62112 PLUG N PAY CHARGE 15.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 66211 CA BLDG OFFICIALS 70.00
144844 11111 02/17/22 391 US BANK PURCHASING CARD P 61113 DROPBOX 45.00
TOTAL CHECK 8,361.41
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 ADMIN SERVICES 340.71
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 BUILDING & INSPECTION 153.18
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 142.46
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 IT SERVICES 147.94
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 PARKS 232.89
144845 11111 02/17/22 395 VERIZON WIRELESS 63212 STREETS 133.86
TOTAL CHECK 1,151.04
144846 11111 02/17/22 696 ZAG TECHNICAL SERVICES, I 64315 IT SUPPORT SERVICES 538.13
144846 11111 02/17/22 696 ZAG TECHNICAL SERVICES, I 64315 IT SUPPORT SERVICES 978.00
TOTAL CHECK 1,516.13
TOTAL FUND 710,343.68
TOTAL REPORT 710,343.68
28
SARATOGA CITY COUNCIL
MEETING DATE: March 2, 2022
DEPARTMENT: Community Development Department
PREPARED BY: Frances Reed, Administrative Analyst
SUBJECT: Notice of Completion – 2021 Civic Theater Lighting and Controls Upgrade
Project
RECOMMENDED ACTION:
Move to accept the 2021 Civic Theater Lighting and Controls Upgrade Project contract as
complete and authorize staff to record the Notice of Completion.
BACKGROUND:
On July 7, 2021, the City Council awarded a contract to Musson Theatrical in the amount of
$340,924 for the Civic Theater Lighting and Controls Upgrade Project. The scope of work of the
project included converting the current analog system to digital and LED lights, installation of new
equipment and setup of the new lights.
All work has been completed by the contractor and the project has been inspected and accepted by
Facilities Maintenance and Building staff. The contract was completed at a final cost of $323,690.
In order to close out the construction contract and begin the one-year maintenance / warranty
period, it is recommended that Council accept the project as complete. Furthermore, it is
recommended that the Council authorizes staff to record the attached Notice of Completion for the
construction contract so that the requisite 30-day stop notice for filing of claims by subcontractors
or material providers may commence.
ATTACHMENT:
Attachment A – Notice of Completion for the 2021 Civic Theater Lighting and Controls Upgrade
Project
29
RECORDING REQUESTED BY
City of Saratoga
WHEN RECORDED MAIL TO
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
EXEMPT FROM FEES FOR RECORDATION (Gov. C. §27383)
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 2nd
day of March 2022.
Contract Number: N/A
Contract Date: July 1, 2021
Contractor’s Name: Musson Theatrical
Contractor’s Address: 890 Walsh Avenue, Santa Clara, CA 95050
Description of Work: 2021 Civic Theater Lighting and Controls Upgrade
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the
same is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters that he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on March 2, 2022.
CITY OF SARATOGA
BY: __________________________ ATTEST: ____________________________
James Lindsay Britt Avrit, City Clerk
City Manager Gov. Code 40814
30
SARATOGA CITY COUNCIL
MEETING DATE: March 2, 2022
DEPARTMENT: Community Development Department
PREPARED BY: Richard Taylor, City Attorney
SUBJECT: Ordinance relating to appeals of State determinations regarding
development in Very High Fire Hazard Zones
RECOMMENDED ACTION:
Conduct a public hearing, introduce and waive the first reading of an ordinance amending section
16-05.020 of the Saratoga Municipal Code relating to appeals of State determinations regarding
development in Very High Fire Hazard Zones, and direct staff to place the ordinance on the
Consent Calendar of the next regular meeting of the City Council for adoption.
BACKGROUND:
State law requires the California Department of Forestry and Fire Protection (“CalFire”) to adopt
State Minimum Fire Safe Regulations applicable to development in areas designated Very High
Fire Hazard Severity Zones in both State and Local Responsibility Areas. State Responsibility
Areas (SRA) are areas where Cal Fire is the primary emergency response agency responsible for
fire suppression and prevention. Local Responsibility Areas (LRA) are incorporated cities, urban
regions, and other lands where a local government (such as the Saratoga Fire Protection District
or the Santa Clara County Fire District) is responsible for wildfire protection. For many years these
regulations only applied in SRAs. However, as of July 1, 2021, they also became applicable in all
Very High Fire Hazard Severity Zones including both SRAs and LRAs. A substantial portion of
the City is in the Very High Fire Hazard Severity Zone.
When CalFire receives a development application for a project in the City’s Very High Fire
Severity Zone and issues a recommendation, the City must include that recommendation as a
condition of approval unless the applicant requests and receives an “exception.” An applicant’s
request to CalFire must show the exception will have the “same practical effect” as the regulations
in providing “defensible space.” Defensible space is characterized by “emergency vehicle access,
emergency water reserves, road names and building identification, and fuel modification
measures.” The exception essentially requires that the applicant demonstrate an alternative means
of compliance that utilizes accepted wildland fire suppression techniques to establish a key point
of defense against a wildfire or structure fire.
31
If CalFire denies exception request by the applicant, the regulations allow the applicant to appeal
that decision to the City. The attached ordinance establishes the process for such appeals.
The Municipal Code includes a section concerning appeals of various decisions made pursuant to
the Building Code. The proposed ordinance would amend that section to establish a process for
appealing determinations pursuant to the Fire Safe Regulations. Those appeals would be heard by
a Fire Protection Specialist certified by the National Fire Protection Association under contract to
the City to hear those appeals using the same process currently used for code enforcement appeals.
Appellants would be required to provide a report prepared by a separate certified Fire Protection
specialist setting forth the basis for the appeal.
Before making a determination on the appeal, the City must consult CalFire, and CalFire must
provide a report detailing the effects of the exception. If the City approves an appeal the City must
also file with CalFire a written statement of its reasons for granting an appeal. This part of the
process is addressed by the Fire Safe Regulations and is not addressed directly in the ordinance as
those regulations are subject to change. The ordinance requires that all appeals be processed in
accordance with applicable laws.
ATTACHMENTS:
Attachment A – Fire Safe Determinations Appeals Ordinance
Attachment B – Map of Very High Fire Hazard Severity Zones in Saratoga
1474475.1
32
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING SECTION 16-05.020 OF THE SARATOGA MUNICIPAL CODE
RELATING TO APPEALS OF DETERMINATIONS PURSUANT TO STATE
REGULATIONS CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZRD
ZONES
IN CONSIDERATION OF THE FOLLOWING:
1. The State of California’s Public Resources Code 4290 requires the California Department
of Forestry and Fire Protection to adopt fire safety regulations applicable to development in
areas designated as very high fire hazard severity zones. These “State Minimum Fire Safe
Regulations” are set forth in in Title 14, California Code of Regulations, Section 1270.00 et
seq.
2. Local governments considering development applications subject to the State Minimum
Fire Safe Regulations are required to refer those applications to CalFire or its designee for
review and must condition approval of the project on compliance with any
recommendations made pursuant to that review.
3. An applicant objecting to one or more recommendations made in the review process may
request an exception from the regulations. If that exception request is denied, the applicant
may appeal to the local government acting on the development application.
4. This ordinance would establish a process to hear appeals from determinations made
pursuant to the CalFire Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption.
Section 16-05.020 of the Saratoga Municipal Code is amended as set forth below. Text in bold
italics (example) is added, and text in strikethrough (example) is deleted.
16-05.020 - Building appeals Appeals.
(a) The City Council shall hear and act upon appeals from determinations by City building
officials concerning the suitability of alternate materials and methods of construction and
questions of interpretation arising under the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Electrical Code, the Uniform Plumbing Code and the
Uniform Fire Code, as these codes may be amended from time to time, and shall act as the
Housing Appeals Board and the Local Appeals Board as those terms are used in Health
and Safety Code Sections 19720.5 and 19720.6.
33
Ordinance No. XX
Page 2
(b) Notwithstanding subsection (a), any appeal of a determination made pursuant to
regulations adopted pursuant to Public Resources Code section 4290 (concerning
development in areas designated as very high fire hazard severity zones) shall be heard
by the Fire Safe Review Officer. The Fire Safe Review Officer shall be designated by the
Building Official and shall be certified by the National Fire Protection Association as a
Certified Fire Protection Specialist. The process for consideration of appeals shall be as
set forth in sections 3-10.050 and 3-10.070 of this Code (concerning appeals of code
enforcement decisions) and shall comply with all applicable laws. All references therein
to a violation, are, for the purposes of this subsection, references to the determination
made pursuant to the regulations referenced above. The statements of the nature of the
appeal and the relief sought shall set forth the legal and factual basis for the appeal and
be accompanied by a report from a professional certified by the National Fire Protection
Association as a Certified Fire Protection Specialist supporting the statements.
However, no report submitted by an applicant for development may be prepared by the
Fire Safe Review Officer. Any deadline for action by the Fire Safe Review Officer shall
be extended for the period necessary to conduct any consultations with other agencies
required by law.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance establishing an appeal process would have a de minimis impact on the
environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
[Continued on next page.]
34
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on March 2, 2022 and was adopted by the
following vote on March 16, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Tina Walia
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
_____________________________ DATE: ________________________
Richard Taylor
CITY ATTORNEY
1469644.2
35
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SAFETY ELEMENT
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Exhibit 7
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Prepared by RBF Consulting: 12/04/2012
Sources: City of Saratoga - Zoning Map (2010) Wildland-Urban Interface Fire Area Map (2009) : ESRI Terrain Basemap
County of Santa Clara - CityLimits (2010) StreetEdge (2009) : CA Dept of Forestry and Fire Protection (2007)
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36
CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: March 2, 2022
Subject: Written Communications, Item. 2.1
Following publication of the agenda packet for the March 2, 2022, City Council Regular Meeting,
written communications were submitted. The communications are attached to this memo.
37
From:noreply@civicplus.com
To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal
Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Tuesday, March 1, 2022 11:11:24 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name tom moran
Phone Number Field not completed.
Email Address
Subject fire hazard area map
Comments The map included in the 3/2/22 Agenda is low resolution and only
shows a few major streets. How would a person near the edge of
a hazard zone tell whether his contemplated development was
included?
Email Subscription Subscribe
Email not displaying correctly? View it in your browser.
38
SARATOGA CITY COUNCIL
MEETING DATE:March 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:James Lindsay, City Manager
SUBJECT:American Rescue Plan Act/Coronavirus State and
Local Fiscal Recovery Funds Spending Plan & FY 2022 Budget Adjustment
RECOMMENDED ACTION:
Adopt the budget resolution amending the FY 2022 budget by creating a new special revenue fund
titled “SLFRF Fund” and appropriating five Capital Improvement Plan Stormwater Management
Project budgets.
BACKGROUND:
In March 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law with $350
billion made available through the State and Local Fiscal Recovery Funds (SLFRF) to assist state
and local governments with pandemic related response and recovery efforts.
Saratoga’s ARPA/SLFRF funding allocation is $7,213,239, which will be released in two
payments. The initial payment of $3,606,619 was received in July 2021 and the second payment
of $3,606,620 is scheduled to be released in June 2022.
The U.S. Treasury Department Final Rule released in January 2022 (Attachment A), clarified
ARPA/SLFRF allowable expenditure categories, reporting requirements, and compliance
guidance. Regulations indicate the following allowable categories:
Support public health expenditures by funding COVID-19 mitigation efforts, medical
expenses, behavioral healthcare, and certain public health and safety staff.
Address negative economic impacts caused by the public health emergency including
economic harms to workers, households, small businesses, impacted industries, and the
public sector.
Invest in water, sewer, and broadband infrastructure making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet.
Replace lost public sector revenue using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic.
39
Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors.
It is important to note that roadway improvements are not an allowable use of ARPA/SLFRF
funds.
DISCUSSION:
Staff is recommending the City Council establish a new special revenue fund to account for
ARPA/SLFRF award funding and adopt a budget for five stormwater management projects to
improve the City’s aging stormwater and sanitary sewer infrastructure. Of all the allowable
categories of funding uses, we believe those improvements will benefit the community the most
and help reduce maintenance expenses in the long term. The City does not have a dedicated
funding source to maintain and repair our storm drain system and much of our existing
infrastructure does not meet current standards required under the Clean Water Act and the City’s
National Pollutant Discharge Elimination System Permit.
The first step towards committing the use of ARPA/SLFRF funds for stormwater and sanitary
sewer improvements is to create a series of Capital Improvement Projects in the current fiscal year.
Staff is proposing the following projects be created with the attached budget adjustment resolution:
Saratoga Village Water Quality Improvements ($6,093,239) - Improvements to the
City’s storm drain collection and treatment systems in all Village Parking Districts to
improve the quality of water discharged to Saratoga Creek.
Storm Water Pollution Prevention Plan Compliance ($150,000)–Installation of a new
tractor wash area, improvements to the trash collection area including new shelters and
connections to the sanitary sewer system at the Corporation Yard.
Prospect Road Green Infrastructure ($370,000)– Remove concrete curb and gutter
along the frontage of Prospect Center. The curb and gutter will be replaced with bioswale
that will filtrate runoff water from Prospect Road.
Sewer Laterals & Water Conservation Measures for Park Restrooms ($300,000) The
cost of maintaining the aging sewer laterals serving the City’s is increasing and the lines
need to be replaced. There are also opportunities for further increase city water
conservation by upgrading the fixtures in the park restrooms.
Storm Water Master Plan ($300,000) This project updates the Stormwater Infrastructure
Master Plan by determining the condition, age, type, and accurate location of all storm
drains, drain inlets, outfalls, and other storm drain facilities operated and maintained by the
City. Most of the City’s stormwater infrastructure is between 50 and 100 years old.
The City will also need to retain a compliance consultant to assist in the tracking and reporting on
the use of these federal funds. The compliance costs should not exceed $20,000 per year for a total
estimated cost of $80,000, allocated to the project budgets above as incurred. The timeline
established for ARPA/SLFRF funding and expenditure terms is - obligations/encumbrances must
be executed by December 31, 2024, and all payments for obligations/encumbrances must be
released by December 31, 2026.
40
ATTACHMENTS:
Attachment A - Final Rule Overview
Attachment B – Budget Adjustment Resolution
Attachment C – Project Worksheets
41
Coronavirus State & Local
Fiscal Recovery Funds:
Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
Attachment A
42
2
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final
rule for informational purposes and is intended as a brief, simplified user guide to the
final rule provisions.
The descriptions provided in this document summarize key provisions of the final rule
but are non-exhaustive, do not describe all terms and conditions associated with the use
of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF
funds received are also subject to the terms and conditions of the agreement entered
into by Treasury and the respective jurisdiction, which incorporate the provisions of the
final rule and the guidance that implements this program.
43
3
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Contents
Introduction .................................................................................................................................................. 4
Overview of the Program .............................................................................................................................. 6
Replacing Lost Public Sector Revenue .......................................................................................................... 9
Responding to Public Health and Economic Impacts of COVID-19 ............................................................. 12
Responding to the Public Health Emergency .......................................................................................... 14
Responding to Negative Economic Impacts ............................................................................................ 16
Assistance to Households ................................................................................................................... 17
Assistance to Small Businesses ........................................................................................................... 21
Assistance to Nonprofits ..................................................................................................................... 23
Aid to Impacted Industries .................................................................................................................. 24
Public Sector Capacity ............................................................................................................................. 26
Public Safety, Public Health, and Human Services Staff ..................................................................... 26
Government Employment and Rehiring Public Sector Staff ............................................................... 27
Effective Service Delivery .................................................................................................................... 28
Capital Expenditures ............................................................................................................................... 30
Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32
Premium Pay ............................................................................................................................................... 35
Water & Sewer Infrastructure .................................................................................................................... 37
Broadband Infrastructure ........................................................................................................................... 39
Restrictions on Use ..................................................................................................................................... 41
Program Administration ............................................................................................................................. 43
44
4
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan,
delivers $350 billion to state, local, and Tribal governments across the country to support their response
to and recovery from the COVID-19 public health emergency. The program ensures that governments
have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and
economic impacts,
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that support long-term
growth and opportunity.
EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of
funds (as well as other program provisions), sought feedback from the public on these program rules,
and began to distribute funds. The IFR went immediately into effect in May, and since then,
governments have used SLFRF funds to meet their immediate pandemic response needs and begin
building a strong and equitable recovery, such as through providing vaccine incentives, development of
affordable housing, and construction of infrastructure to deliver safe and reliable water.
As governments began to deploy this funding in their communities, Treasury carefully considered the
feedback provided through its public comment process and other forums. Treasury received over 1,500
comments, participated in hundreds of meetings, and received correspondence from a wide range of
governments and other stakeholders.
KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in
the comment process. Among other clarifications and changes, the final rule provides the features
below.
Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select
between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that
select the standard allowance may use that amount – in many cases their full award – for government
services, with streamlined reporting requirements.
Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital
expenditures that support an eligible COVID-19 public health or economic response. For example,
recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects
consistent with final rule requirements.
45
5
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed
to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to
provide responses to a broad set of households and entities without requiring additional analysis.
Further, the final rule provides a broader set of uses available for these communities as part of COVID-
19 public health and economic response, including making affordable housing, childcare, early learning,
and services to address learning loss during the pandemic eligible in all impacted communities and
making certain community development and neighborhood revitalization activities eligible for
disproportionately impacted communities.
Further, the final rule allows for a broader set of uses to restore and support government employment,
including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that
experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.
Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of
eligible workers who can receive premium pay without a written justification while maintaining a focus
on lower-income and frontline workers performing essential work.
Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges
with broadband access, affordability, and reliability, and adds additional eligible water and sewer
infrastructure investments, including a broader range of lead remediation and stormwater management
projects.
FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds
used consistently with the IFR while it is in effect are in compliance with the SLFRF program.
However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now,
even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the
extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF
funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus
State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s
website, for more information on compliance with the interim final rule and the final rule.
46
6
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility
for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview
of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible
to the most specific.
Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the
amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their
award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s
formula, which compares actual revenue to a counterfactual trend.
• Recipients may use funds up to the amount of revenue loss for government services;
generally, services traditionally provided by recipient governments are government
services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its
impact on public health as well as addressing economic harms to households, small businesses,
nonprofits, impacted industries, and the public sector.
• Recipients can use funds for programs, services, or capital expenditures that respond to
the public health and negative economic impacts of the pandemic.
• To provide simple and clear eligible uses of funds, Treasury provides a list of
enumerated uses that recipients can provide to households, populations, or classes (i.e.,
groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical
expenses, behavioral healthcare, and preventing and responding to violence.
• Eligible uses to respond to negative economic impacts are organized by the type of
beneficiary: assistance to households, small businesses, and nonprofits.
• Each category includes assistance for “impacted” and “disproportionately
impacted” classes: impacted classes experienced the general, broad-based
impacts of the pandemic, while disproportionately impacted classes faced
meaningfully more severe impacts, often due to preexisting disparities.
• To simplify administration, the final rule presumes that some populations and
groups were impacted or disproportionately impacted and are eligible for
responsive services.
47
7
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• Eligible uses for assistance to impacted households include aid for re-
employment, job training, food, rent, mortgages, utilities, affordable housing
development, childcare, early education, addressing learning loss, and many
more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include
loans or grants to mitigate financial hardship, technical assistance for small
businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and
hospitality that faced substantial pandemic impacts, or address impacts to the public
sector, for example by re-hiring public sector workers cut during the crisis.
• Recipients providing funds for enumerated uses to populations and groups that
Treasury has presumed eligible are clearly operating consistently with the final rule.
Recipients can also identify (1) other populations or groups, beyond those presumed
eligible, that experienced pandemic impacts or disproportionate impacts and (2) other
programs, services, or capital expenditures, beyond those enumerated, to respond to
those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional
support to those who have and will bear the greatest health risks because of their service in
critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working in-
person in key economic sectors – who are below a wage threshold or non-exempt from
the Fair Labor Standards Act overtime provisions, or if the recipient submits justification
that the premium pay is responsive to workers performing essential work.
• Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, to support vital wastewater and stormwater
infrastructure, and to expand affordable access to broadband internet.
• Recipients may fund a broad range of water and sewer projects, including those eligible
under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State
Revolving Fund, and certain additional projects, including a wide set of lead
remediation, stormwater infrastructure, and aid for private wells and septic units.
• Recipients may fund high-speed broadband infrastructure in areas of need that the
recipient identifies, such as areas without access to adequate speeds, affordable
options, or where connections are inconsistent or unreliable; completed projects must
participate in a low-income subsidy program.
While recipients have considerable flexibility to use funds to address the diverse needs of their
communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change
in state or territory law.
48
8
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• For all recipients except for Tribal governments: No extraordinary contributions to a pension
fund for the purpose of reducing an accrued, unfunded liability.
• For all recipients: No payments for debt service and replenishments of rainy day funds; no
satisfaction of settlements and judgments; no uses that contravene or violate the American
Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state,
and local laws and regulations.
Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further,
funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period,
during which recipients can expend SLFRF funds, is the “period of performance.”
In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local
governments, including the Coronavirus Capital Projects Fund to fund critical capital investments
including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s
most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are
unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit
expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more
information.
49
9
U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that
have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically,
SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss
experienced by the recipient due to the COVID-19 public health emergency.
Government services generally include any service traditionally provided by a government, including
construction of roads and other infrastructure, provision of public safety and other services, and health
and educational services. Funds spent under government services are subject to streamlined reporting
and compliance requirements.
In order to use funds under government services, recipients should first determine revenue loss. They
may, then, spend up to that amount on general government services.
DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose
one of the two options and cannot switch between these approaches after an election is made.
1. Recipients may elect a “standard allowance” of $10 million to spend on government services
through the period of performance.
Under this option, which is newly offered in the final rule Treasury presumes that up to $10
million in revenue has been lost due to the public health emergency and recipients are
permitted to use that amount (not to exceed the award amount) to fund “government services.”
The standard allowance provides an estimate of revenue loss that is based on an extensive
analysis of average revenue loss across states and localities, and offers a simple, convenient way
to determine revenue loss, particularly for SLFRF’s smallest recipients.
All recipients may elect to use this standard allowance instead of calculating lost revenue using
the formula below, including those with total allocations of $10 million or less. Electing the
standard allowance does not increase or decrease a recipient’s total allocation.
2. Recipients may calculate their actual revenue loss according to the formula articulated in the
final rule.
Under this option, recipients calculate revenue loss at four distinct points in time, either at the
end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end
of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can
choose whether to use calendar or fiscal year dates but must be consistent throughout the
period of performance. Treasury has also provided several adjustments to the definition of
general revenue in the final rule.
To calculate revenue loss at each of these dates, recipients must follow a four-step process:
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
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a. Calculate revenues collected in the most recent full fiscal year prior to the public health
emergency (i.e., last full fiscal year before January 27, 2020), called the base year
revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the
number of months elapsed since the end of the base year to the calculation date:
𝑎𝑎𝑟𝑑 𝑦𝑑𝑎𝑟 𝑟𝑑𝑟𝑑𝑚𝑟𝑑 × (1 +𝑔𝑟𝑚𝑟𝑟ℎ 𝑎𝑑𝑗𝑟𝑟𝑟𝑚𝑑𝑚𝑟)
𝑛
12
The growth adjustment is the greater of either a standard growth rate—5.2 percent—or
the recipient’s average annual revenue growth in the last full three fiscal years prior to
the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months
immediately preceding the calculation date.
Under the final rule, recipients must adjust actual revenue totals for the effect of tax
cuts and tax increases that are adopted after the date of adoption of the final rule
(January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases
adopted after January 6, 2022, must be added or subtracted to the calculation of actual
revenue for purposes of calculation dates that occur on or after April 1, 2022.
Recipients may subtract from their calculation of actual revenue the effect of tax
increases enacted prior to the adoption of the final rule. Note that recipients that elect
to remove the effect of tax increases enacted before the adoption of the final rule must
also remove the effect of tax decreases enacted before the adoption of the final rule,
such that they are accurately removing the effect of tax policy changes on revenue.
d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual
revenue (adjusted for tax changes) for the twelve-month period. If actual revenue
exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.
Revenue loss for the period of performance is the sum of the revenue loss on for each
calculation date.
The supplementary information in the final rule provides an example of this calculation, which
recipients may find helpful, in the Revenue Loss section.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be
the standard allowance amount or the amount calculated using the above approach. Government
services generally include any service traditionally provided by a government, unless Treasury has
stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are
subject to streamlined reporting and compliance requirements. Recipients should be mindful that
certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of
funds, apply to government services as well.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19
The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the
public health and economic needs of those impacted by the pandemic in their communities, as well as
address longstanding health and economic disparities, which amplified the impact of the pandemic in
disproportionately impacted communities, resulting in more severe pandemic impacts.
The eligible use category to respond to public health and negative economic impacts is organized
around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.
In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19
public health or economic impact on an individual or class (i.e., a group) and (2) design a program that
responds to that impact. Responses should be related and reasonably proportional to the harm
identified and reasonably designed to benefit those impacted.
To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non-
exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that
some populations experienced pandemic impacts and are eligible for responsive services. In other
words, recipients providing enumerated uses of funds to populations presumed eligible are clearly
operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2)
serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that
experienced pandemic impacts and provide services to those classes.
1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further,
recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please
note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm
except as provided in the Capital Expenditures section.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions • Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use
of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on
the entity that experienced the health or economic impact.2 Then, recipients should refer to the relevant
section for more details on each sub-category.
While the same overall eligibility standard applies to all uses of funds to respond to the public health
and negative economic impacts of the pandemic, each sub-category has specific nuances on its
application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property,
facilities, or equipment) should review the Capital Expenditures section in addition to the
eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the
section on “Framework for Eligible Uses Beyond Those Enumerated.”
2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact
experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the
difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can
receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub -recipients are
organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not
need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that
experienced an impact.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic
vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.
Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a
core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways
that the pandemic has impacted public health. Treasury has identified several public health impacts of
the pandemic and enumerated uses of funds to respond to impacted populations.
• COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients
can provide services to prevent and mitigate COVID-19 to the general public or to small businesses,
nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID-
19 related treatment
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• Medical expenses. Funds may be used for expenses to households, medical providers, or others that
incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other
behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’
behavioral health and recipients can provide these services to the general public to respond.
Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence –
has increased in some communities due to the pandemic, recipients may use funds to respond in
these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery,
much work remains to continue building a robust, resilient, and equitable economy in the wake of the
crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted
millions of American households and businesses, some of its most severe impacts fell on low-income
and underserved communities, where pre-existing disparities amplified the impact of the pandemic and
where the most work remains to reach a full recovery.
The final rule recognizes that the pandemic caused broad-based impacts that affected many
communities, households, and small businesses across the country; for example, many workers faced
unemployment and many small businesses saw declines in revenue. The final rule describes these as
“impacted" households, communities, small businesses, and nonprofits.
At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain
communities. For example, low-income and underserved communities have faced more severe health
and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre-
existing disparities exacerbated the impact of the pandemic. The final rule describes these as
“disproportionately impacted” households, communities, small businesses, and nonprofits.
To simplify administration of the program, the final rule presumes that certain populations were
“impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be
eligible for services that respond to the impact they experienced. The final rule also enumerates a non-
exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate
impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly
operating consistently with the final rule.
As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients
can also identify other pandemic impacts, impacted or disproportionately impacted populations or
classes, and responses.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300
percent of the Federal Poverty Guidelines for the size of the household based on the most recently
published poverty guidelines or (ii) income at or below 65 percent of the area median income for the
county and size of household based on the most recently published data. For the vast majority of
communities, the Federal Poverty Guidelines are higher than the area’s median income and using the
Federal Poverty Guidelines would result in more households and communities being presumed eligible.
Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median
income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the response they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880
per year.3 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is impacted by the pandemic and eligible for services
to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses
Beyond Those Enumerated, recipients may designate additional households as impacted or
disproportionately impacted beyond these presumptions, and may also pursue projects not listed below
in response to these impacts consistent with Treasury’s standards.
3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350
per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is
$75,780 per year.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newly-
employed workers, subsidized employment,
grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfare-
involved families and foster youth & childcare
facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal
amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between
the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of
May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the
Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of
any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance
trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up
to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF
funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by
changing the computation method governing regular unemployment compensation in a way that results in a reduction of
average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement).
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the
pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the
Federal Poverty Guidelines for the size of its household based on the most recently published poverty
guidelines or (ii) income at or below 40 percent of area median income for its county and size of
household based on the most recently published data. For the vast majority of communities, the Federal
Poverty Guidelines level is higher than the area median income level and using this level would result in
more households and communities being presumed eligible. Treasury has provided an easy-to-use
spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the service they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626
per year.6 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is disproportionately impacted by the pandemic and
eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP),
Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies,
Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For
services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and
responsive services that support the school generally or support the whole school as eligible.
6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783
per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is
$46,731 per year
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption
that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for
low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing
is ineligible for support with SLFRF funds.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of
shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to
respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses
where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees
established by the Administrator of the Small Business Administration for the industry in which
the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes,
among other requirements, that the business is independently owned and operated and is not
dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many
ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the
pandemic:
8 15 U.S.C. 632.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses,
which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and
changing operational needs, as well as declines in revenue sources such as donations and fees.
Nonprofits eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those
that are 501(c)(3) or 501(c)(19) tax-exempt organizations.
Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways;
for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to
addressing these disproportionate impacts.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.
Recipients should first designate an impacted industry and then provide aid to address the impacted
industry’s negative economic impact.
This sub-category of eligible uses does not separately identify disproportionate impacts and
corresponding responsive services.
1. Designating an impacted industry. There are two main ways an industry can be designated as
“impacted.”
1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development
districts), the industry is impacted.
2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted
if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic
levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national
tourism, travel, and hospitality industries as of the date of the final rule, based on
the totality of economic indicators or qualitative data (if quantitative data is
unavailable), and if the impacts were generally due to the COVID-19 public health
emergency.
Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages
recipients to define narrow and discrete industries eligible for aid. State and territory recipients
also have flexibility to define the industries with greater geographic precision; for example, a
state may identify a particular industry in a certain region of a state as impacted.
2. Providing eligible aid to the impacted industry. Aid may only be provided to support
businesses, attractions, and Tribal development districts operating prior to the pandemic and
affected by required closures and other efforts to contain the pandemic. Further, aid should be
generally broadly available to all businesses within the impacted industry to avoid potential
conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such
as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry
and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight
three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with
the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September
2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure
industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a
county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is
located) solely for purposes of determining whether a particular industry is an impacted industry.
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Treasury recognizes the enumerated projects below as eligible responses to impacted
industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps
outlined in the section Framework for Eligible Uses Beyond Those Enumerated.
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PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports
government’s ability to deliver critical COVID-19 services. There are three main categories of eligible
uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services
Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.
Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care,
human services and similar employees of a recipient government, for the portion of the employee’s
time spent responding to COVID-19. Recipients should follow the steps below.
1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees
2. Assess portion of time spent on COVID-19 response for eligible staff.
Recipients can use a variety of methods to assess the share of an employees’ time spent responding
to COVID-19, including using reasonable estimates—such as estimating the share of time based on
discussions with staff and applying that share to all employees in that position.
For administrative convenience, recipients can consider public health and safety employees entirely
devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the
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employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID-
19. Primarily dedicated means that more than half of the employee, unit, or division’s time is
dedicated to responding to COVID-19.
Recipients must periodically reassess their determination and maintain records to support their
assessment, although recipients do not need to track staff hours.
3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on
COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of
the employees’ time spent on COVID-19 response, as calculated above, through the period of
performance.
Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of
uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic
baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for
employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention
incentives, and paying for ancillary administrative costs related to hiring, support, and retention.
• Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic
employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients
may use SLFRF funds to hire employees for the same positions that existed on January 27,
2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF
funds to cover payroll and covered benefits for such positions through the period of
performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have
flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered
benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5
percent above its pre-pandemic baseline. Specifically, recipients should undergo the
following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all
budgeted positions, filled and unfilled. This is called the pre-pandemic baseline.
b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre-
pandemic baseline.
c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning
of the period of performance for SLFRF funds. Recipients may, but are not required
to, exclude the number of FTEs dedicated to responding to the COVID-19 public
health emergency. This is called the actual number of FTEs.
d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to
calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not
have to hire for the same roles that existed pre-pandemic.
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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of
performance; these employees must have begun their employment on or after March 3,
2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021
level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways
that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were
furloughed since the onset of the pandemic, up to the difference in the employee’s pay,
taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used
to maintain current compensation levels, with adjustments for inflation, in order to
prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in
compensation to persuade employees to remain with the employer as compared to
other employment options. Retention incentives must be entirely additive to an
employee’s regular compensation, narrowly tailored to need, and should not exceed
incentives traditionally offered by the recipient or compensation that alternative
employers may offer to compete for the employees. Treasury presumes that retention
incentives that are less than 25 percent of the rate of base pay for an individual
employee or 10 percent for a group or category of employees are reasonably
proportional to the need to retain employees, as long as other requirements are met.
• Covering administrative costs associated with administering the hiring, support, and retention
programs above.
Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through
tools like program evaluation, data, and outreach, as well as to address administrative needs caused or
exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its
negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for
details on these uses.
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✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and
capital expenditures that respond to the public health and negative economic impacts of the pandemic.
Any use of funds in this category for a capital expenditure must comply with the capital expenditure
requirements, in addition to other standards for uses of funds.
Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the
pandemic’s public health and economic impacts; specifically, they must be related and reasonably
proportional to the pandemic impact identified and reasonably designed to benefit the impacted
population or class.
For ease of administration, the final rule identifies enumerated types of capital expenditures that
Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable sub-
category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify
other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre-
approval is required for capital expenditures.
To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients
(with the exception of Tribal governments) must complete and meet the requirements of a written
justification for capital expenditures equal to or greater than $1 million. For large-scale capital
expenditures, which have high costs and may require an extended length of time to complete, as well as
most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit
their written justification as part of regular reporting. Specifically:
If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required
Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and
recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the
specific harm or need to be addressed and why the harm was exacerbated or caused by the
public health emergency. Recipients may provide quantitative information on the extent and the
type of harm, such as the number of individuals or entities affected.
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• Explanation of why a capital expenditure is appropriate. For example, recipients should include
an explanation of why existing equipment and facilities, or policy changes or additional funding
to pertinent programs or services, would be inadequate.
• Comparison of proposed capital project against at least two alternative capital expenditures and
demonstration of why the proposed capital expenditure is superior. Recipients should consider
the effectiveness of the capital expenditure in addressing the harm identified and the expected
total cost (including pre-development costs) against at least two alternative capital
expenditures.
Where relevant, recipients should consider the alternatives of improving existing capital assets already
owned or leasing other capital assets.
Treasury presumes that the following capital projects are generally ineligible:
Construction of new correctional
facilities as a response to an increase in
rate of crime
Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards,
including project labor agreements and community benefits agreements that offer wages at or above
the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in
their procurements employers with high labor standards and to prioritize employers without recent
violations of federal and state labor and employment laws.
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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts
and serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients should undergo the following steps to decide whether their
project is eligible:
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
1. Identify a COVID-19 public health or negative economic impact on an individual or a class.
Recipients should identify an individual or class that is “impacted” or “disproportionately
impacted” by the COVID-19 public health emergency or its negative economic impacts as well as
the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful
consequences of the economic disruptions resulting from or exacerbated by the COVID-
19 public health emergency. For example, an individual who lost their job or a small
business that saw lower revenue during a period of closure would both have
experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate
public health or economic outcomes from the pandemic; Treasury recognizes that pre-
existing disparities, in many cases, amplified the impacts of the pandemic, causing more
severe impacts in underserved communities. For example, a household living in a
neighborhood with limited access to medical care and healthy foods may have faced
health disparities before the pandemic, like a higher rate of chronic health conditions,
that contributed to more severe health outcomes during the COVID-19 pandemic.
The recipient may choose to identify these impacts at either the individual level or at a class
level. If the recipient is identifying impacts at the individual level, they should retain
documentation supporting the impact the individual experienced (e.g., documentation of lost
revenues from a small business). Such documentation can be streamlined in many cases (e.g.,
self-attestation that a household requires food assistance).
Recipients also have broad flexibility to identify a “class” – or a group of households, small
businesses, or nonprofits – that experienced an impact. In these cases, the recipients should
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first identify the class and the impact that it faced. Then, recipients only need to document that
the individuals served fall within that class; recipients do not need to document a specific impact
to each individual served. For example, a recipient could identify that restaurants in the
downtown area faced substantial declines in revenue due to decreased foot traffic from
workers; the recipient could develop a program to respond to the impact on that class and only
needs to document that the businesses being served are restaurants in the downtown area.
Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed
response. Larger and less-specific classes are less likely to have experienced similar
harms, which may make it more difficult to design a response that appropriately
responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the
response should be appropriately matched. For example, a response might be designed
to provide childcare to single parents, regardless of which neighborhood they live in, or
a response might provide a park to improve the health of a disproportionately impacted
neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by
assessing the impacts of the pandemic and finding that some populations experienced
meaningfully more severe impacts than the general public. To determine these
disproportionate impacts, recipients:
o May designate classes based on academic research or government research
publications (such as the citations provided in the supplementary information in
the final rule), through analysis of their own data, or through analysis of other
existing data sources.
o May also consider qualitative research and sources to augment their analysis, or
when quantitative data is not readily available. Such sources might include
resident interviews or feedback from relevant state and local agencies, such as
public health departments or social services departments.
o Should consider the quality of the research, data, and applicability of analysis to
their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts
experienced by other classes of beneficiaries. It is permissible for recipients to provide
these services to other classes, so long as the recipient determines that the response is
also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than
the final rule definition of "low- and moderate-income." For example, a recipient may
identify that households in their community with incomes above the final rule threshold
for low-income nevertheless experienced disproportionate impacts from the pandemic
and provide responsive services.
2. Design a response that addresses or responds to the impact. Programs, services, and other
interventions must be reasonably designed to benefit the individual or class that experienced
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the impact. They must also be related and reasonably proportional to the extent and type of
impact experienced. For example, uses that bear no relation or are grossly disproportionate to
the type or extent of the impact would not be eligible.
“Reasonably proportional” refers to the scale of the response compared to the scale of the
harm, as well as the targeting of the response to beneficiaries compared to the amount of harm
they experienced; for example, it may not be reasonably proportional for a cash assistance
program to provide a very small amount of aid to a group that experienced severe harm and a
much larger amount to a group that experienced relatively little harm. Recipients should
consider relevant factors about the harm identified and the response to evaluate whether the
response is reasonably proportional. For example, recipients may consider the size of the
population impacted and the severity, type, and duration of the impact. Recipients may also
consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.
For disproportionately impacted communities, recipients may design interventions that address
broader pre-existing disparities that contributed to more severe health and economic outcomes
during the pandemic, such as disproportionate gaps in access to health care or pre-existing
disparities in educational outcomes that have been exacerbated by the pandemic.
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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible
workers performing essential work during the pandemic. Premium pay may be awarded to eligible
workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e.,
compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any
single worker during the program.
Recipients should undergo the following steps to provide premium pay to eligible workers.
1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity
of operations of essential critical infrastructure sectors.” These sectors and occupations are
eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate
additional non-public sectors as critical so long as doing so is necessary to protecting the health
and wellbeing of the residents of such jurisdictions.
2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and
• Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the
individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by,
patients, the public, or coworkers of the individual that is performing the work.
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3. Confirm that the premium pay “responds to” workers performing essential work during the
COVID-19 public health emergency. Under the final rule, which broadened the share of eligible
workers who can receive premium pay without a written justification, recipients may meet this
requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below
150 percent of their residing state or county’s average annual wage for all occupations, as
defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics,
whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act
overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit
written justification to Treasury detailing how the premium pay is otherwise responsive to
workers performing essential work during the public health emergency. This may include a
description of the essential worker’s duties, health, or financial risks faced due to COVID-19,
and why the recipient determined that the premium pay was responsive. Treasury
anticipates that recipients will easily be able to satisfy the justification requirement for
front-line workers, like nurses and hospital staff.
Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be
awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition
to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely
reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may
not be paid to volunteers.
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to
address the consequences of deferred maintenance in drinking water systems and removal,
management, and treatment of sewage and stormwater, along with additional resiliency measures
needed to adapt to climate change.
Recipients may undertake the eligible projects below:
PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF)
Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.
PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF)
Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities.
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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of
projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain
rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be
“necessary” according to the definition provided in the final rule and outlined below.
✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
which may include a reasonable projection of increased need, whether due to population
growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and
(3) for investments in infrastructure that supply drinking water in order to meet projected
population growth, projected to be sustainable over its estimated useful life.
Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary
investments. Additional eligible projects generally must be responsive to an identified need to achieve
or maintain an adequate minimum level of service. Recipients are only required to assess cost-
effectiveness of projects for the creation of new drinking water systems, dam and reservoir
rehabilitation projects, or projects for the extension of drinking water service to meet population
growth needs. Recipients should review the supplementary information to the final rule for more details
on requirements applicable to each type of investment.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements
and community benefits agreements that offer wages at or above the prevailing rate and include local
hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic
participation during the public health emergency. The final rule broadens the set of eligible broadband
infrastructure investments that recipients may undertake.
Recipients may pursue investments in broadband infrastructure meeting technical standards detailed
below, as well as an expanded set of cybersecurity investments.
BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure
project:
1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that
are designed to serve locations without access to reliable wireline 100/20 Mbps broadband
service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload
speed through a wireline connection), but are broadly able to invest in projects designed to
provide service to locations with an identified need for additional broadband investment.
Recipients have broad flexibility to define need in their community. Examples of need could
include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and
enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps,
recipients must ensure that SLFRF funds are designed to address an identified need for
additional broadband investment that is not met by existing federal or state funding
commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will
be reimbursed by the other federal or state funding streams.
2. Design project to meet high-speed technical standards. Recipients are required to design
projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and
upload speeds. In cases where it is not practicable, because of the excessive cost of the project
or geography or topography of the area to be served by the project, eligible projects may be
designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical
100 Mbps download and upload speeds.
Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever
feasible and to focus on projects that will achieve last-mile connections. Further, Treasury
encourages recipients to prioritize support for broadband networks owned, operated by, or
affiliated with local governments, nonprofits, and co-operatives.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
3. Require enrollment in a low-income subsidy program. Recipients must require the service
provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered
without data usage caps at speeds sufficient for a household with multiple users to
simultaneously telework and engage in remote learning. Recipients are also encouraged to
consult with the community on affordability needs.
CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure,
regardless of their speed delivery standards. This includes modernization of hardware and software.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements
and community benefits agreements that offer wages at or above the prevailing rate and include local
hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to
address the diverse needs of their communities, some restrictions on use of funds apply.
OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net
tax revenue resulting from a change in law, regulation, or administrative interpretation
beginning on March 3, 2021, through the last day of the fiscal year in which the funds
provided have been spent. If a state or territory cuts taxes during this period, it must
demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting
policies to raise other sources of revenue, by cutting spending, or through higher revenue due to
economic growth. If the funds provided have been used to offset tax cuts, the amount used for
this purpose must be repaid to the Treasury.
DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension
fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the
purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited,
recipients may use funds for routine payroll contributions connected to an eligible use of funds
(e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
Occur at the regular time for pension
contributions but is larger than a regular
payment would have been
ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used
prospectively, recipients may not use SLFRF funds for debt service or replenishing financial
reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or
pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt
restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.
However, if a settlement requires the recipient to provide services or incur other costs that are
an eligible use of SLFRF funds, SLFRF may be used for those costs.
• Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or
contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and
may not be used in violation of the Award Terms and Conditions or conflict of interest
requirements under the Uniform Guidance. Other applicable laws and regulations, outside of
SLFRF program requirements, may also apply (e.g., laws around procurement, contracting,
conflicts-of-interest, environmental standards, or civil rights).
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative
processes and requirements, including on distribution of funds, timeline for use of funds, transfer of
funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements,
administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for
ineligible purposes. This section provides a summary for the most frequently asked questions.
TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must
be obligated by December 31, 2024, and expended by December 31, 2026.
TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses
on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF
funds with other sources of funds. Localities may also transfer their funds to the state through section
603(c)(4), which will decrease the locality’s award and increase the state award amounts.
LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although
there are special rules about how recipients should track program income depending on the length of
the loan. Recipients should consult the final rule if they seek to utilize these provisions.
NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of
the Social Security Act) generally may be used to meet the non-federal cost-share or matching
requirements of other federal programs. However, note that SLFRF funds may not be used as the non-
federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management
and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services
pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.
SLFRF funds beyond those that are available under the revenue loss eligible use category may not be
used to meet the non-federal match or cost-share requirements of other federal programs, other than
as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act
provides that SLFRF funds may be used to meet the non-federal match requirements of authorized
Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult
the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.
ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the
program. For details on permissible direct and indirect administrative costs, recipients should refer to
Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like
circumstances must be treated consistently as either direct or indirect costs.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes
submitting mandatory periodic reports to Treasury.
Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the
final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients
will be provided with an initial written notice of recoupment with an opportunity to submit a request for
reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial
notice of recoupment and does not submit a request for reconsideration, the initial notice will be
deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction
with, or as an alternative to, recoupment.
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RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE SLFRF SPECIAL REVENUE FUND AND
ADOPTING STORMWATER MANAGEMENT PROJECT BUDGETS
IN THE SLFRF FUND IN FISCAL YEAR 2022
WHEREAS,in June 2021 the United States Department of the Treasury (Treasury) released
funding awards for local governments and the City was awarded $7,213,239 in Coronavirus State
and Local Fiscal Relief Funds (SLFRF,) a part of the American Rescue Plan Act; and
WHEREAS,Treasury’s January 2022 SLFRF final rule identifies stormwater management
projects as eligible uses of SLFRF award funds and reaffirmed the deadline for recipients to
obligate award funds is December 2024 and the deadline for recipients to expend award funds is
December 2026; and
WHEREAS,SLFRF awards are restricted by Treasury guidelines and subject to special audit and
compliance requirements unique to SLFRF thereby requiring the creation of a new special revenue
fund on the City’s general ledger accounting system; and
WHEREAS,the City’s stormwater infrastructure requires funding in excess of $7,213,239 to
improve water quality in the City, downstream jurisdictions, and the San Francisco Bay; and
WHEREAS,City staff have presented a package of projects to advance the clean water objectives
of the SLFRF and City Council now desires to authorize proposed stormwater management
projects in an amount not to exceed $7,213,239 in fiscal year 2022;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
authorizes the following:
1. Creation of a new accounting fund titled “SLFRF Fund,” to record all SLFRF financial
activity; and
2. Fiscal year 2022 budget and stormwater management projects as provided in Exhibit A;
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on 2nd day of March 2022 by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
86
Resolution 22-___
Page 2
Tina Walia, Mayor
ATTEST:
DATE:
Britt Avrit, MMC, City Clerk
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Resolution 22-___
Page 3
EXHIBIT A
Fiscal Year 2022 State and Local Fiscal Relief Fund (SLFRF) / American Rescue Plan Act
Budget Adoption
SLFRF Fund Line Item Revenue /
(Expenditure)
SLFRF award funds (July 2021 and June 2022)$7,213,239
Stormwater Management Projects*:
Saratoga Village Water Quality Improvement Plan (6,093,239)
Stormwater Pollution Prevention Plan Compliance (150,000)
Prospect Road Green Infrastructure (370,000)
Sewer Laterals & Water Conservation Measures for Park
Restrooms
(300,000)
Stormwater Management Master Plan (300,000)
Net Impact on General Fund $0
*Includes contract compliance costs in an amount not to exceed $20,000 per year for a total estimated cost
of $80.000, allocated to the project budgets above as incurred.
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C:\Users\sdalida\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MRY84Y88\CIP Project Proposal Forms - DJ.doc
02/23/2022
State and Local Fiscal Recovery Funds (SLFRF/ ARPA)
Project Proposal
PROJECT TITLE: Saratoga Village Water Quality Improvement Plan
PROJECT NUMBER: XXXXX-XX
SLFRF CATEGORY: Environmental Remediation / Stormwater Infrastructure
1. Project
Description/Purpose:
Repair, resize, remove, replace storm sewers, and additional types of
stormwater infrastructure improvements to the City’s stormwater collection
and treatment systems in the Village to reduce parking district surface
contaminants in stormwater runoff that discharges into Saratoga Creek.
2. Project Justification:
To improve water quality in Saratoga and fulfill State mandates. If not
completed the City would be out of compliance with State water permit.
Stormwater treatment in the Village parking districts also benefits regional
water quality for approximately 8 miles across the Santa Clara Valley,
including through the cities of San Jose and Santa Clara, before entering the
San Francisco Bay. This project is one of 5 addressing stormwater discharge.
3. Project Alternatives:
No alternatives identified.
4. Anticipated Revenue
Sources:
• Federal funds advanced by Department of Treasury under the State and
Local Fiscal Recovery Funds (SLFRF/ ARPA) in FY 2022 and FY 2023.
• General Fund for City staff project management, as necessary.
5. Estimated funding
requirement:
$6,093,239. The Saratoga Village Water Quality Improvement Plan is one of
five phased and integrated stormwater infrastructure projects totaling $7.3
million. Funds may be reallocated between phases, as necessary, based on
project design and bids.
6. Environmental
Review:
Yes, negative declaration
7. Time Frame:
Fiscal years 2023 and 2024
8. Other Review Issues:
Regional Water Control Board, Sanitation District, Water District
9. Project Manager Mainini Cabute
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C:\Users\jlindsay\Downloads\04.5 Attach C - Stormwater Master Plan.doc 02/23/2022
State and Local Fiscal Recovery Funds (SLFRF/ ARPA )
Project Proposal
PROJECT TITLE: Stormwater Master Plan
PROJECT NUMBER: XXXXX-XX
SLFRF CATEGORY: Environmental Remediation / Stormwater Infrastructure
1. Project
Description/Purpose:
Stormwater infrastructure is located throughout the City. This project
updates the Stormwater Infrastructure Master Plan by determining the
condition, age, type, and accurate location of all storm drains, drain inlets,
outfalls, and other storm drain facilities operated and maintained by the City.
Most of the City’s stormwater infrastructure is between 50 and 100 years old.
2. Project Justification:
The Stormwater Master Plan provides accurate information to manage the
system’s operational integrity through a proactive infrastructure program.
3. Project Alternatives:
No alternatives identified.
4. Anticipated Revenue
Sources:
• Federal funds advanced by Department of Treasury under the State and
Local Fiscal Recovery Funds (SLFRF/ ARPA) in FY 2022 and FY 2023.
• General Fund for City staff project management, as necessary.
5. Estimated funding
requirement:
$300,000. The Stormwater Master Plan project is one of five phased and
integrated stormwater infrastructure projects totaling $7.3 million. Funds
may be reallocated between phases, as necessary, based on project design
and bids.
6. Environmental
Review:
None.
7. Time Frame:
Fiscal year 2023
8. Other Review Issues:
None.
9. Project Manager John Cherbone
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C:\Users\jlindsay\Downloads\04.4 Attach C - Park Sewer Lateral Replacements and Upgrades (1).docx 02/23/2022
State and Local Fiscal Recovery Funds (SLFRF/ ARPA)
Project Proposal
PROJECT TITLE: Park Sewer Lateral Replacements and Upgrades
PROJECT NUMBER: XXXXX-XX
SLFRF CATEGORY: Environmental Remediation / Sewer and Stormwater infrastructure
1. Project
Description/Purpose:
Upgrade aging sewer lines and change out fixtures for water savings
2. Project Justification:
Proper sewage treatment and water savings during a drought.
3. Project Alternatives:
No alternatives identified.
4. Anticipated Revenue
Sources:
• Federal funds advanced by Department of Treasury under the State and
Local Fiscal Recovery Funds (SLFRF/ ARPA) in FY 2022 and FY 2023.
• General Fund for City staff project management, as necessary.
5. Estimated funding
requirement:
$300,000. The Park Sewer Lateral Replacements and Upgrades is one of five
phased and integrated stormwater infrastructure projects totaling $7.3
million. Funds may be reallocated between phases, as necessary, based on
project design and bids.
6. Environmental
Review:
None.
7. Time Frame:
Fiscal years 2023 and 2024
8. Other Review Issues:
West Valley Sanitation district
9. Project Manager Kevin Meek
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C:\Users\jlindsay\Downloads\04.3 Attach C - Prospect Road Green Infrastructure.docx 02/23/2022
State and Local Fiscal Recovery Funds (SLFRF/ ARPA)
Project Proposal
PROJECT TITLE: Prospect Road Green Infrastructure
PROJECT NUMBER: XXXXX-XX
SLFRF CATEGORY: Environmental Remediation / Stormwater Infrastructure
1. Project
Description/Purpose:
Install bioswale to filtrate runoff water from Prospect Road. The bioswale
replaces existing stormwater infrastructure that drains into the watershed.
2. Project Justification:
To improve water quality in Saratoga and fulfill State mandates. If not
completed the City would be out of compliance with State water permit.
Stormwater treatment through bioswale green infrastructure also benefits
regional water quality for approximately 8 miles across the Santa Clara
Valley, including through the cities of San Jose and Santa Clara, before
entering the San Francisco Bay. This project is one of 5 addressing
stormwater discharge.
3. Project Alternatives:
No alternatives identified.
4. Anticipated Revenue
Sources:
• Federal funds advanced by Department of Treasury under the State and
Local Fiscal Recovery Funds (SLFRF/ ARPA) in FY 2022 and FY 2023.
• General Fund for City staff project management, as necessary.
5. Estimated funding
requirement:
$370,000. The Prospect Road Green Infrastructure is one of five phased and
integrated stormwater infrastructure projects totaling $7.3 million. Funds
may be reallocated between phases, as necessary, based on project design
and bids.
6. Environmental
Review:
None.
7. Time Frame:
Fiscal years 2023 and 2024
8. Other Review Issues:
None.
9. Project Manager Mainini Cabute
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C:\Users\jlindsay\Downloads\04.2 Attach C - SWPPP Compliance.docx 02/23/2022
State and Local Fiscal Recovery Funds (SLFRF/ ARPA)
Project Proposal
PROJECT TITLE: Stormwater Pollution Prevention Program Compliance (SWPPP)
PROJECT NUMBER: XXXXX-XX
SLFRF CATEGORY: Environmental Remediation / Sewer and Stormwater Infrastructure
1. Project
Description/Purpose:
Upgrade Corporation Yard facilities to meet National Pollution Discharge
Elimination System (NPDES) standards for clean water objectives. Upgrades
include a new tractor wash area, trash area improvements including shelters,
and sewer connection.
2. Project Justification:
Improvements will keep contaminants from entering the watershed as
mandated by the California Regional Water Quality Control for the San
Francisco Bay Municipal Regional Stormwater NPDES Permit.
3. Project Alternatives:
No alternatives identified.
4. Anticipated Revenue
Sources:
• Federal funds advanced by Department of Treasury under the State and
Local Fiscal Recovery Funds (SLFRF/ ARPA) in FY 2022 and FY 2023.
• General Fund for City staff project management, as necessary.
5. Estimated funding
requirement:
$150,000. The Stormwater Pollution Prevention Program Compliance
(SWPPP) project is one of five phased and integrated stormwater
infrastructure projects totaling $7.3 million. Funds may be reallocated
between phases, as necessary, based on project design and bids.
6. Environmental
Review:
None.
7. Time Frame:
Fiscal year 2023
8. Other Review Issues:
None.
9. Project Manager Rick Torres
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CITY OF SARATOGA
Memorandum
To: Mayor Walia & Members of the Saratoga City Council
From: Britt Avrit, MMC, City Clerk
Meeting Date: March 2, 2022
Subject: Written Communications, Item. 3.1
Following publication of the agenda packet for the March 2, 2022, City Council Regular Meeting,
written communications were submitted. The communications are attached to this memo.
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SARATOGA CITY COUNCIL
MEETING DATE:March 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Reconsider and Confirm Findings Pursuant to Assembly Bill 361
RECOMMENDED ACTIONS:
1.Reconsider and confirm findings pursuant to Assembly Bill (AB) 361 of the continued
existence of a state of emergency and public health officials’ recommendation of social
distancing to continue virtual meetings for all City of Saratoga Brown Act bodies through
March 31, 2022.
2.Provide direction to staff regarding future in-person Brown Act meetings.
BACKGROUND:
On October 20, 2021,the City Council adopted Resolution 21-073 that enabled the City Council
and all Brown Act bodies of the City to continue to meet remotely in accordance with AB
361.This state law allows cities to meet remotely based on a proclaimed state of emergency
when the city determines that either: 1) state or local public health officials have required or
recommend social distancing; or 2) the emergency continues to directly impact the ability to
meet safely in person.
Pursuant to AB 361, staff must bring this item back every 30 days for the City Council’s
reconsideration of the findings related to the declared state of emergency and the recommended
social distancing measures. Reconsideration and confirmation of the necessary findings at the
March 2, 2022 meeting will allow all City of Saratoga Brown Act bodies to hold virtual meetings
through the end of March in accordance with AB 361.
In addition to consideration of the findings pursuant to AB 361, staff is seeking direction on the
return to in-person Brown Act meetings. Governor Newsom’s Emergency Declaration is set to
expire March 31, 2022 and an extension is not currently expected. The City Council may continue
to meet virtually under the streamlined rules of AB 361 if the emergency declaration expires so
long as social distancing continues to be required or recommended by a state or local public health
official, and if the City Council has taken action to reconfirm findings pursuant to AB 361. If the
City Council does not continue to reconfirm the findings pursuant to AB 361, and if the Governor’s
emergency declaration expires, the City will not have the option to return to virtual meetings under
the streamlined rules of AB 361 unless a new emergency declaration is proclaimed by the
Governor.
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Some of options regarding the return to in-person Brown Act meetings include:
1. Direct staff to resume in-person meetings beginning April 1, 2022 for all City of Saratoga
Brown Act bodies.
2. Direct staff to resume in-person meetings for all City of Saratoga Brown Act bodies 30
days (or some other period determined by the City Council) after the Governor lifts the
emergency declaration or the emergency declaration expires and place the item to
reconfirm AB 361 findings on each regular meeting agenda to provide the City Council the
option to change course based upon the situation at that time.
3. Direct staff to continue virtual meetings for all City of Saratoga Brown Act bodies and
place the item to reconfirm AB 361 findings on each regular meeting agenda to provide
the City Council the option to change course based upon the situation at that time.
ATTACHMENT:
Attachment A – Resolution 21-073 Authorizing Teleconferenced Public Meetings
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SARATOGA CITY COUNCIL
MEETING DATE:March 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Meeting Recording Policy
RECOMMENDED ACTION:
Consider Mayor’s proposal to direct staff to amend the Meeting Recording Policy adding City
Council Finance Committee meetings to the list of City meetings that are recorded.
BACKGROUND:
At the request of Mayor Walia, this item has been placed on the March 2 agenda to provide the
Council with the opportunity to consider adding City Council Finance Committee meetings to the
list of meetings that are recorded in accordance with the City’s Meeting Recording Policy adopted
on June 15, 2021 via Resolution 21-046.
Per the policy, the following meetings are currently recorded:
City Council Regular Meetings held in the Civic Theater, Study Sessions, Joint Sessions,
Commission Interviews, Retreats, and meetings with the Planning Commission
Planning Commission Regular Meetings held in the Civic Theater and Study Sessions
If the City Council directs staff to prepare an amendment to the Meeting Recording Policy, a
resolution adopting the change will be scheduled for the March 16, 2022 City Council meeting.
ATTACHMENTS:
Attachment A –Meeting Recording Policy
100
RESOLUTION NO. 21-046
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARA TOGA ESTABLISHING A POLICY
FOR MEETING RECORDINGS
WHEREAS, the City Council recognizes that recordings of meeting provide the most
complete and comprehensive record of a meeting ; and
WHEREAS , the City Council also values that meeting recordings allow the public to view
meetings after they have occurred, providing the community with additional options to track and
observe the City's decision making and advisory bodies ; and
WHEREAS , the City of Saratoga's video archives for City Council Regular Meetings goes
back as far as 1991 and the City 's archive of Planning Commission Regular Meetings dates back
to 2004; and
WHEREAS , the City Council wishes to increase the number of meetings that are recorded
and made available to the public on the City website;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
establishes the attached policy for meeting recordings.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 161h day of June 2021 by the following vote:
AYES: Vice Mayor Tina Walia, Council Members Kookie Fitzsimmons, Rishi Kumar
NOES: Mayor Yan Zhao , Council Member Mary-Lynne Bernald
ABSENT:
ABSTAIN:
y ~
DATE:
City Clerk
101
CITY OF SARATOGA MEETING RECORDING POLICY
Adopted June 16,2021 via Resolution 21-046
The City Council of the City of Saratoga has approved this policy concerning recording of
meetings.
1. All City Council Regular Meetings held in the Civic Theater shall be video recorded and
indexed to allow ready viewing of particular agenda items. The video recordings shall be
made available to the public on the City website.
2. City Council Study Sessions, Joint Meetings, Commission Interviews, Retreats, and City
Council meetings with the Planning Commission shall be video recorded. The video
recordings shall be made available to the public on the City website. These video recordings
are not required to be indexed.
3. Planning Commission Regular Meetings held in the Civic Theater shall be video recorded
and indexed to allow ready viewing of particular agenda items. The video recordings shall
be made available to the public on the City website.
4. Planning Commission Study Sessions shall be video recorded. The video recordings will be
made available to the public on the City website. These video recordings are not required to
be indexed.
City of Saratoga Meeting Recording Policy (Adopted June 16, 2021 via Resolution 21-046)-Page 1 of 1
102