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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. 11 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. 12 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 Saratoga Sunnyvale Rd.Pierce Rd. S a r a t o g a L o s G a t o s R d . ( H W Y 9 )Basin WayM t . E d e n Rd. Big MontalvoRd.PiedmontRd.Oak St.6thSt . Bohlm a n R d. Cox Ave.Saratoga Sunnyvale Rd.Pierce Rd.Fruitvale Ave.S a r a t o g a L o s G a t o s R d . ( H W Y 9 ) Sobey Rd.Saratoga Ave.Basin WayMiller Ave.M t . E d e n Rd. Big Douglas Ln. Congress Spring Rd. (HWY 9)MontalvoRd.PiedmontRd. Allendale Ave. P o r t o s D r . Glen Brae Dr.Quito Rd.Prospect Rd.Chester Ave.CUPERTINO SAN JOSE LOS GATOSLawrence Expy.SARATOGA LOS GATOS UNINCORPORATED SANTA CLARA COUNTYOak St.6thSt . Bohlm a n R d. Legend Very High High Moderate Wildland-Urban Interface Saratoga City Limits Saratoga Sphere of Influence Surrounding City Boundaries SAFETY ELEMENT Fire Hazard Zones Exhibit 7 0 1,500 3,000750 Feet 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) C IT Y OFSA R ATO G A Fire Station S 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: 50 10 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 51 11 U.S. DEPARTMENT OF THE TREASURY 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. 52 12 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 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. 53 13 U.S. DEPARTMENT OF THE TREASURY 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. 54 14 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 55 15 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 56 16 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. 57 17 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 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. 58 18 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). 59 19 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 60 20 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. 61 21 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. 62 22 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 63 23 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. 64 24 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. 65 25 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 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. 66 26 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 67 27 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 68 28 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 69 29 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ 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) 70 30 U.S. DEPARTMENT OF THE TREASURY 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. 71 31 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • 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. 72 32 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 73 33 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 74 34 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 75 35 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 76 36 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 77 37 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 78 38 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 79 39 U.S. DEPARTMENT OF THE TREASURY 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. 80 40 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. 81 41 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 82 42 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). 83 43 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. 84 44 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. 85 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 87 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. 88 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 89 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 90 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 91 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 92 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 93 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. 94 95 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. 96 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 97 98 99 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