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Home My WebLink About10-04-2023 City Council Agenda Packet, amended 10-03-2023Saratoga City Council Agenda September 28, 2023 – Page 1 of 4 SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 4, 2023 AMENDED AGENDA • 10/03/2023 JOINT SESSION INFORMATION AND PRESENTATION SLIDES ADDED Public Participation Information In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the public may participate in these meetings in person at the locations listed below or via remote attendance (if applicable) using the Zoom information below. In the event remote participation technology is unexpectedly unavailable, the meeting will proceed in person without remote participation. Members of the public can view and participate in the 6:00 p.m. Joint Session by: 1. Attending the meeting in person at the City Hall Linda Callon Conference Room, located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/88482254658 • Webinar ID 884 8225 4658 OR • Call In: 1.408.638.0968 or 1.669.900.6833 Members of the public can view and participate in the 7:00 p.m. Regular Session by: 1. Attending the meeting in person at Saratoga Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/81627041223 • Webinar ID: 816 2704 1223 • Call In: 1.408.638.0968 or 1.669.900.6833; OR 3. 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 4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications will be provided to the members of the City Council and included in the Agenda Packet and/or in supplemental meeting materials. 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. Oral Communications on Non-Agendized Items will take place at the beginning of the meeting for those attending in person. Oral Communications on Non-Agendized Items will take place at the end of the meeting for those attending via telephone and Zoom. Saratoga City Council Agenda September 28, 2023 – Page 2 of 4 Public Comment for agendized items will begin with speakers attending in-person followed by those attending via Zoom. Please ensure your comments pertain to the agenda item. Individuals providing comments not relevant to the agenda item will be asked to stay on topic or they will be muted. 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. 6:00 PM JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Hakone Recommended Action: Receive updates from Hakone Hakone Update Hakone Presentation 7:00 PM REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on September 28, 2023. 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 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 September 20, 2023, City Council Regular Meeting. Staff Report Attachment A - Minutes for the September 20, 2023 City Council Regular Meeting Saratoga City Council Agenda September 28, 2023 – Page 3 of 4 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 09/14/2023 and 09/21/2023 accounts payable vendor payment check registers. Staff Report Attachment A - Check Register 09-14-2023 Attachment B - Check Register 09-21-2023 1.3. Treasurer’s Report for the Month Ended July 31, 2023 Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2023. Staff Report 2. GENERAL BUSINESS 2.1. First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee Recommended Action: Authorize the City Manager to execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to allow satellite and auxiliary teleconferencing attendance in meetings. Staff Report Attachment A - First Amendment to 2013 RWRC MOA Attachment B - RWRC MOA COUNCIL ASSIGNMENTS Council Assignments 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 September 28, 2023 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 28th day of September 2023 at Saratoga, California. Britt Avrit, MMC, City Clerk Saratoga City Council Agenda September 28, 2023 – Page 4 of 4 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. 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] Mission: Dedicated to conserve and enhance Hakone Estate and Gardens for the enjoyment and benefit of the public, to preserve its Japanese authenticity for the future, to promote a deeper understanding of Asian cultures, and to serve as a global forum. Board of Trustees Executive Committee Emily Lo Chairperson Beverly Harada Vice-Chairperson Faramarz Yazdani Treasurer Yuki Hashimoto Secretary Kookie Fitzsimmons Saratoga City Council Ann Waltonsmith Immediate Past-Chair Trustees Belal Aftab Robert Himel Adrienne Reiko Iwanaga Sandra Miller Hiroshi Tomita Phyllis Tung Patricia Workman Bonnie Yamaoka Connie Young Yu Shozo Kagoshima Executive Director P.O. Box 2324 Saratoga, CA 95070 (408) 741-4994 www.hakone.com The Hakone Foundation is a registered 501-c3 Not-for-Profit Corporation. FEIN: 77-0054274 Hakone Foundation/City of Saratoga Joint Meeting October 4, 2023 Annual Update 1) Financial Report (Safdar) 2) Attendance for Calendar Year a) 2019 – 37,514 b) 2020 – 31, 677 i) Closed 3/17-5/3 due to the Shelter-in-Place Order by the State. ii) Hanami at Hakone was cancelled. c) 2021 – 75,272 d) 2022 – 60,114 e) 2023 – 47,813 (YTD 9/23) 3) Saratoga “Free” Days (includes Santa Clara County residents*) a) 2,259 Free admissions through September. i) First Tuesday, April – 1,200 (best guess estimate as we did not issue tickets due to the extreme number of visitors. (1) *As part of our grants from the County of Santa Clara for four different projects we agreed to offer free admission to Santa Clara County residents one day a month, through December 2025. 4) Events a) Total number of Booked events (weddings, family events, business meetings) for the Fiscal year: i) 2022 – 198 ii) 2023 - 161 5) Gardens a) Renovations and restorations- i) We have completed two major projects this year: (1) Upper Pathway repair/renovation -this project was completed with a $250,000 grant from the Santa Clara County Board of Supervisors. (2) Mon Roof renovation/restoration – this project was completed with $75,000 grant from the Santa Clara County Park’s Historic Heritage Preservation Grant. ii) Pond renovation – we are currently sitting at $1.1 million towards our goal of $4 million. This includes $300,000 in CIP funds from the City, $165,000 in grant money from Santa Clara County, $500,000 set aside from the Foundation’s Capital account. 6) Membership a) Total current members- 1,245 (YTD 9/23) 7) CONCLUSION- Though our general attendance has dipped slightly due to prople’s freedom to travel without restrictions, our revenue has remained strong due to increased event bookings. Thank you to our community, and the City of Saratoga, for your support. We couldn’t do it without you. 4 JOINT COUNCIL MEETING OCTOBER 4, 2023 FINANCIAL OVERVIEW YEAR END – JUNE 30, 2023 FY23 5 EXECUTIVE SUMMARY JUNE23 FY23 •REVENUE LOWER THAN BUDGET IN ALMOST ALL AREAS(6%) AND LOWER THAN PREVIOUS YEAR BY (6%). •TICKET PRICES WERE INCREASED BY 20% AROUND JULY. HOWEVER, THE REVENUE HAS INCREASED BY JUST ABOUT 3%. •OPERATING EXPENSES LOWER THAN BUDGET (5%), BUT HIGHER THAN LAST YEAR BY (16%) •CONTINIOUS CASH INCREASE OVER LAST YEAR ($239k) MANAGED TO REDUCE GIFT SHOP INVENTORY, ONLY 5% HIGHER THAN LAST YEAR. NET OPERATING INCOME LOWER THAN BUDGET BY 4% AND LOWER THAN LAST YEAR BY 43% 6 RESTRICTED FUNDS AS OF 6/30/23 FY23 •POND RENOVATION $806K ($256K) DONATIONS •SALES FORCE TRAINING $15K •GIFTSHP $5K •SHOGATSU TEA HOUSE $20K •FUND RAISER STAFF $30K •TOTAL $876K GRANT COMMITTED FOR POND RENOVATION BUT NOT PAID •CITY OF SARATOGA $300K •SANTA CLARA COUNTY $170K TOTAL COMMITTED $470K 7 CASH INVETSMENT FUNDS AS OF 9/30/23 •TREASURY BILL AT CHARLES SCHWAB $2,000,000 •CD AT CHASE BANK $225,000 •INTEREST RATES 5-5.5% •FULLY INVESTED! 8 HAKONE P&L SUMMARY FY23 – JUNE 30, 2023 ACTUAL BUDGET $ CHANGE % CHANGE $ CHANGE % CHANGE ENTRANCE FEES 596,910 621,900 (24,990)-4% 16,737 3% FUNDRAISING EVENTS 11,054 5,000 6,054 0% 8,591 349% DONATIONS 60,717 58,000 2,717 5% (54,875)-47% GIFT SHOP 161,739 216,861 (55,122)-25% (51,674)-24% MEMBERSHIP 63,944 87,900 (23,957)-27% (35,389)-36% EVENTS 686,004 687,850 (1,846)0% 10,588 2% PROPERTY DAMAGE 0 0 - 100% (3,744)-100% TOTAL OPS INCOME $1,580,367 $1,677,511 $(97,144)-6% $(109,767)-6% COST OF GOODS SOLD $ 75,430 $ 95,871 $ (20,441)-21% $ (10,858)-13% SALARIES & BENEFIT 834,918 912,649 (77,732)-9% 99,580 14% GENERAL & ADMIN 159,916 166,972 (7,057)-4% (7,422)-4% MKTG/EVENT/FUNDRAISE 82,689 56,945 25,744 45% 33,947 70% GARDEN/FACILITIES 77,791 82,320 (4,529)-6% 34,081 78% TOTAL OPS EXPENSE $ 1,155,313 $ 1,218,887 $ (63,573)-5% $ 160,186 16% NET OPS INCOME $ 349,624 $ 362,754 $ (13,129)-4% $ (259,095)-43% POND RENOVATION - INCOME 113,598 - 113,598 100% (415)0% INTEREST INCOME 26,066 - 23,811 1056% CAPITAL PROJECT - INCOME 5,000 - 5,000 100% (257,500)-98% NET OTHER INCOME/EXPENSE (132,158) (13,436) (118,722)100% 130,017 NA TOTAL NET OTHER $ 12,506 $ (13,436) $ (124)100% $ (104,087)-51% NET INCOME $ 362,130 $ 349,318 $ 12,812 4% $(363,182)-50% CURRENT YEAR PREVIOUS YEAR 9 HAKONE BALANCE SHEET FY23 – JUNE 30, 2023 JUNE-23 (CY) JUNE-22 (PY) $ CHANGE % CHANGE BANK ACCOUNT 2,277,665 2,039,014 238,651 12% GIFT SHOP INVENTORY 21,490 20,382 1,108 5% FIXED ASSETS 199,081 212,337 (13,256)-6% TOTAL ASSETS $2,498,236 $2,271,733 $226,503 10% ACCOUNTS PAYABLES 21,511 167,942 (146,432)-87% DEFERRED RENTAL REVENUE 372,440 347,113 25,328 7% REFUNDABLE DEPOSITS, EVENT 98,600 105,600 (7,000)-7% EARMARKED CONTRIBUTION LIAB 35,000 37,000 (2,000)100% ACCRUED VACATION 30,832 33,571 (2,739)-8% CREDIT CARDS PAYABLE 2 663 (661)-100% SALES TAX PAYABLE 4,722 5,554 (833)-15% PAYROLL LIABILITIES (708) 582 (1,290)-222% INSURANCE LIABILITY RESERVE 1,000 1,000 - 0% REFUNDABLE DEPOSITS, OTHER 300 300 - 0% TOTAL EQUITY 1,934,537 1,572,407 362,130 23% TOTAL LIABILITIES & EQUITY $2,498,236 $2,271,733 $226,503 10% 10 HAKONE EVENT BOOKINGS SUMMARY Month $ Amount # $ Amount # $ Amount # $ Amount # July 2022 37,305 8 75,298 20 83,144 23 (45,839)(15) August 31,690 10 52,150 10 68,803 19 (37,113)(9) September 70,430 20 67,090 18 47,908 13 22,522 7 October 26,365 8 80,389 24 77,339 19 (50,974)(11) November 29,650 8 41,625 14 58,420 18 (28,770)(10) December 32,400 9 6,300 3 79,950 15 (47,550)(6) January 23 92,853 18 9,100 4 89,325 21 3,528 (3) February 40,494 13 14,380 4 32,850 8 7,644 5 March 75,140 19 50,850 14 45,950 14 29,190 5 April 64,045 15 105,440 23 54,545 19 9,500 (4) May 82,387 21 70,046 18 43,625 16 38,763 5 June 59,200 12 76,436 15 48,250 13 10,950 (1) TOTAL 641,959 161 649,104 167 730,109 198 (88,150)(37) BOOKED EVENTS FY23 REVENUED EVENTS FY23 BOOKED EVENTS FY22 CHANGE BOOKED EVENTS 11 HAKONE FINAL P&L BUDGET FY24 FY24 BUDGET FY23 ACTUAL $ CHANGE % CHANGE FY22 ACTUAL FY21 ACTUAL FY20 ACTUAL ENTRANCE FEES 639,000 596,910 42,090 7%$580,173 $559,557 $205,081 FUNDRAISING EVENTS 7,000 11,054 (4,054)0%$2,463 $0 $125,657 DONATIONS 56,000 60,717 (4,717)-8%$125,592 $431,234 $132,331 GIFT SHOP 175,355 161,739 13,616 8%$213,413 $168,074 $92,920 MEMBERSHIP 69,100 63,944 5,157 8%$99,332 $131,175 $59,515 EVENTS 706,500 686,004 20,496 3%$675,416 $246,311 $298,057 OTHER INCOME $3,744 TOTAL OP INCOME $ 1,652,955 $1,580,367 $ 72,588 5%$1,700,134 $1,536,351 $ 913,560 COST OF GOODS SOLD $ 78,860 $ 75,430 $ 3,430 5% $ 86,287 $ 68,008 $ 40,721 SALARIES & BENEFIT 909,143 834,918 74,226 9% 735,337 735,130 722,347 GENERAL & ADMIN 161,278 159,916 1,362 1% 167,338 100,882 121,797 MKTG/EVENT/FUNDRAISE 62,545 82,689 (20,144)-24% 48,743 27,024 80,589 GARDEN/FACILITIES 141,100 77,791 63,309 81% 43,709 29,123 49,142 TOTAL OP EXPENSE $ 1,274,066 $ 1,155,313 $ 118,753 10% $ 995,127 $ 892,159 $ 973,875 NET OP INCOME $ 300,029 $ 349,624 $ (49,595)-14% $ 618,719 $ 576,184 $ (101,036) POND RENOVATION - INCOME 113,000 113,598 (598)-1% 114,013 27,960 INTEREST INCOME 100,800 26,066 74,734 287% 2,255 5,138 4,830 CAPITAL PROJECT - INCOME - 5,000 (5,000)-100% 262,500 23,640 OTHER INCOME/EXPENSE (13,456) (132,158) 118,702 -90% (272,175) (72,678) (80,732) NET OTHER $ 200,344 $ 12,506 $ 187,838 1502% $ 106,592 $ (15,940) $ (75,902) NET INCOME $ 500,373 $ 362,130 $138,243 38% $725,312 $560,244 $(176,938)12 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the September 20,2023,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. ATTACHMENT: Attachment A -Minutes for the September 20, 2023, City Council Regular Meeting 13 Saratoga City Council Minutes ~ September 20, 2023 ~ Page 1 of 4 MINUTES WEDNESDAY, SEPTEMBER 20, 2023 SARATOGA CITY COUNCIL REGULAR MEETING Mayor Fitzsimmons called the Regular Session to order at 7:05 p.m. Prior to Roll Call, the City Clerk stated Vice Mayor Zhao and Council Member Page are attending the meeting from Sacramento, as indicated on the agenda, pursuant to Government Code 54953 (b). Vice Mayor Zhao and Council Member Page confirmed for the record the public is able to participate from their locations. ROLL CALL PRESENT:Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members Belal Aftab, Chuck Page, Tina Walia ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Leslie Arroyo, Assistant City Manager John Cherbone, Public Works Director Bryan Swanson, Community Development Director Dan Jacobson, Interim Administrative Services Director Britt Avrit, City Clerk REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on September 14, 2023. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Fitzsimmons invited public comment. The following individuals spoke: Robert Berglund, Tsing Bardin, John Brittan, Marilyn Basham, Michael Griffin, John B. Henley, Jr., Colin Whitby-Strevens discussed the Saratoga Retirement Community project. Several individuals discussed their views. ANNOUNCEMENTS Mayor Fitzsimmons shared information about the Suicide Awareness Month, Saratoga Chamber of Commerce’s President and Mayor’s Inaugural Ball, Everybody Belongs at Parks Initiative, Village Scarecrow Project and Saratoga Library’s 20th Anniversary Celebrations. Council Member Walia shared information about the Suicide Awareness Month event in Sunnyvale and the Santa Clara County Firesafe Council Firesafe Summit. 14 Saratoga City Council Minutes ~ September 20, 2023 ~ Page 2 of 4 1.CONSENT CALENDAR Mayor Fitzsimmons invited public comment. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the September 6, 2023, City Council Regular Meeting. WALIA/AFTAB MOVED TO APPROVE THE MINUTES FOR THE SEPTEMBER 6, 2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 08/30/2023 and 09/07/2023 accounts payable vendor payment check registers. WALIA/AFTAB MOVED TO REVIEW AND ACCEPT THE 08/30/2023 AND 09/07/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.GENERAL BUSINESS 2.1. Tree Maintenance Contracts with Oscar’s Tree Service, Mario Topete Tree Care, and West Coast Arborist Recommended Action: Authorize the City Manager to execute the following tree maintenance service contracts: • Oscar’s Tree Service in an amount not to exceed $150,000.00; • Mario Topete Tree Care in an amount not to exceed $100,000.00; and, • West Coast Arborist in an amount not to exceed $100,000.00. John Cherbone, Public Works Director, presented the staff report. Mayor Fitzsimmons invited public comment. One speaker addressed the Council regarding this item. Mayor Fitzsimmons requested a recess at this time. Mayor Fitzsimmons reconvened the meeting at 8:22 p.m. Three additional speakers addressed the Council regarding this item. 15 Saratoga City Council Minutes ~ September 20, 2023 ~ Page 3 of 4 PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE FOLLOWING TREE MAINTENANCE SERVICE CONTRACTS: OSCAR’S TREE SERVICE IN AN AMOUNT NOT TO EXCEED 150,000.00, MARIO TOPETE TREE CARE IN AN AMOUNT NOT TO EXCEED $100,000.00 AND, WEST COAST ARBORIST IN AN AMOUNT NOT TO EXCEED $100,000.00.MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Council Member Tina Walia Silicon Valley Clean Energy Authority Board of Directors - stated the Board received an update on the 2022 Greenhouse Gas Emission Inventory, approved Strategic Focus Areas for the year ahead and adopted the FY 23-24 Operating Budget. Cities Association of Santa Clara County Board of Directors - stated the Board voted to move the Joint Powers Agency documents forward to the respective City and Town Councils. Council Member Belal Aftab Valley Transportation Authority (VTA) Policy Advisory Committee -stated he attended the meeting virtually as a member of the public; the Committee reported on the Beyonce concert, discussed the “Plan Bay Area 50”; Council Member Aftab also provided the number of graduating bus drivers. Mayor Kookie Fitzsimmons Nothing to report. Council Member Chuck Page Saratoga Chamber of Commerce Board - stated the Board discussed the recent House Family Vineyard Temporary Compliance Plan, the plans for Scarecrows in the village, and the upcoming holiday season. West Valley Solid Waste Management Authority Board of Directors - stated the Board received a presentation on the goals related to Senate Bill 1383. Vice Mayor Yan Zhao Cities Association of Santa Clara County-Legislative Action Committee - stated the Committee had a guest speaker from the League of CA Cities who discussed proposed ballot measures. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None 16 Saratoga City Council Minutes ~ September 20, 2023 ~ Page 4 of 4 ADJOURNMENT Mayor Fitzsimmons adjourned the meeting at 8:44 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 17 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2023 DEPARTMENT: Administrative Services PREPARED BY: Vivian Lu, Accounting Technician SUBJECT: Review and Accept Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept the 09/14/2023 and 09/21/2023 accounts payable vendor payment check registers. BACKGROUND: The accounts payable check registers report payments to vendors for goods and services properly procured and approved for payment in accordance with the City’s administrative purchasing policy. The information listed below lists vendor payments exceeding $20,000 and any checks that were voided during the time period. The complete check register(s) and summary by Fund are provided as attachments to this report. ATTACHMENTS: Attachment A - Check Register Reports Dated 09-14-2023 Attachment B - Check Register Reports Dated 09-21-2023 REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 09/14/2023 148227 148280 54 2,264,703.11 09/14/2023 09/07/2023 148226 09/21/2023 148281 148312 32 139,070.56 09/21/2023 09/14/2023 148280 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept. Amount 09/14/2023 148228 4Leaf Inc General Fund CDD July 2023 Plan Review 42,367.06 09/14/2023 148232 Calvac Paving Inc CIP Parks Project Fund PW Azule Park Pathways Project 20,850.00 09/14/2023 148252 SCC Office of the Sheriff General Fund ASD July 2023 Law Enforcement 651,016.58 09/14/2023 148253 SCC Office of the Sheriff General Fund ASD August 2023 Law Enforcement 651,016.58 09/14/2023 148254 SCC Office of the Sheriff General Fund ASD September 2023 Law Enforcement 651,016.58 09/14/2023 148265 San Jose Water Company General Fund Various Water Services 23,251.38 09/14/2023 148268 SYL Construction Inc ARPA/SLFRF Fund PW Prospect Center Sidewalk Improvement Project 44,497.00 09/14/2023 148277 US Bank Purchasing Card Various Funds Various Various City Expenses 20,790.98 09/14/2023 148279 Villalobos & Associates ARPA/SLFRF Fund PW Prospe ct Road Green Infastructure ARPA Project 50,228.98 09/21/2023 148283 Ajay Hampapur General Fund CDD Deposit Refund ARB22-0010 20,343.79 09/21/2023 148299 PG&E Various Funds Various Gas & Electric Expenses 23,080.29 09/21/2023 148308 SYL Construction Inc ARPA/SLFRF Fund PW Corp. Yard Container Loading Zone Repaving Project 38,000.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 03/20/2023 147042 Janice LeFevre Lost/Destroyed 40.00 Ending Check # Starting Check #Type of Checks Date Checks ReleasedTotal Checks Amount Accounts Payable Accounts Payable Fund Purpose StatusReason Issued to Issued to Voided 18 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:20:30 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 3/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 2,063,123.42 243 CARNELIAN GLEN LANDSCAPE 241.90 244 CUNNINGHAM/GLASGOW LND 172.41 247 KERWIN RANCH LANDSCAPE 322.07 249 MANOR DRIVE LANDSCAPE 400.79 253 SARATOGA LEGEND LANDSCAPE 1,273.04 254 SUNLAND PARK LANDSCAPE 330.64 255 TRICIA WOODS LANDSCAPE 50.06 256 ALLENDALE LANDSCAPE 169.59 271 BEUACHAMPS L&L 1,462.73 273 GATEWAY L&L 14.45 274 HORSESHOE DRIVE L&L 967.59 411 CIP STREET PROJECTS FUND 7,697.37 412 CIP PARKS PROJECT FUND 20,850.00 413 CIP FACILITY PROJECT FUND 1,133.23 414 CIP ADMIN PROJECTS FUND 545.11 435 ARPA/SLFRF FUND 127,274.53 612 WORKERS COMP FUND 617.77 621 OFFICE SUPPORT 231.57 622 IT SERVICES 3,342.73 623 VEHICLE & EQUIPMENT MAINT 2,798.11 624 BUILDING MAINTENANCE 19,575.85 713 WVCWP AGENCY FUND 12,108.15 TOTAL REPORT 2,264,703.11 19 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:19:16 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148227 1422 4LEAF INC. VOID: MULTI STUB CHECK 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2416 155.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2450 920.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1565 1,603.42 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#21-2528/29 290.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1512 1,281.74 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-0146 520.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1584 366.28 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1589 1,109.75 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1224 947.31 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1646/47 5,809.42 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1545 1,141.60 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1633 1,708.29 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1210/11 160.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1644 2,588.08 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1684 1,735.07 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1677 4,578.79 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1678 1,287.50 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1708 1,814.70 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1180/81 839.02 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#22-1356/57 400.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-0786 240.00 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1406/07 7,339.15 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1438 1,555.65 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1507 1,737.19 148228 11111 09/14/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1513/14 2,239.10 TOTAL CHECK 42,367.06 148229 11111 09/14/23 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICES 1,570.00 148230 11111 09/14/23 1804 ANIXTER INC 81161 STANLEY READERS PROJ 158.23 148231 11111 09/14/23 1447 BP-PAK, INC. 64524 COMM. CTR PLUMB RPR 10,237.00 148232 11111 09/14/23 1519 CALVAC PAVING, INC. 81161 AZULE PK PATHWAYS 20,850.00 148233 11111 09/14/23 500 CHRIS VASQUEZ 68353 NBHD WATCH GRANT RMB 300.00 148234 11111 09/14/23 179 CIM AIR, INC 64514 HVAC MAINT-CVC CTR 995.00 148234 11111 09/14/23 179 CIM AIR, INC 64514 HVAC MAINT-RMOTE SITE 995.00 148234 11111 09/14/23 179 CIM AIR, INC 64514 HVAC REPAIR-CITY HALL 998.00 TOTAL CHECK 2,988.00 148235 11111 09/14/23 1152 CORODATA RECORDS MANAGEME 62631 AUG RECORDS STORAGE 231.57 148236 11111 09/14/23 1598 DACO CONSTRUCTION 81161 KOSICH DR MANHOLE RPR 4,359.73 148237 11111 09/14/23 500 DORY ALBERT 68353 NBHD WATCH GRANT RMB 300.00 148238 11111 09/14/23 378 EKIM PAINTING - NORTH, IN 81161 THEATER STAGE PAINT 975.00 148238 11111 09/14/23 378 EKIM PAINTING - NORTH, IN 64525 WHH PAINTING 950.00 TOTAL CHECK 1,925.00 148239 11111 09/14/23 1811 ENTERPRISE WIRELESS ALLIA 61212 CERT SUPPLIES 255.00 20 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:19:16 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148240 11111 09/14/23 419 EVENT SERVICES 64549 ORCHARD PORTA POTTY 575.73 148240 11111 09/14/23 419 EVENT SERVICES 81161 CSP PORTA POTTY 506.43 TOTAL CHECK 1,082.16 148241 11111 09/14/23 500 FLORA HOFFMAN 68353 NBHD WATCH GRANT RMB 300.00 148242 11111 09/14/23 1568 FRANCISCO & ASSOCIATES, I 65514 WVCWP ADMIN PROGRAM 8,342.47 148243 11111 09/14/23 454 GACHINA LANDSCAPE MANAGEM 81161 JUL MNTHLY WEED ABATE 901.00 148243 11111 09/14/23 454 GACHINA LANDSCAPE MANAGEM 81161 AUG MNTHLY WEED ABATE 901.00 148243 11111 09/14/23 454 GACHINA LANDSCAPE MANAGEM 81161 SEP MNTHLY WEED ABATE 901.00 TOTAL CHECK 2,703.00 148244 11111 09/14/23 455 GARDENLAND POWER EQUIPMEN 61331 STREETS MAINT SPPLS 229.25 148245 11111 09/14/23 455 GARDENLAND POWER EQUIPMEN 81161 CSP EMER RPLC TOOLS 10,013.63 148246 11111 09/14/23 463 GRAINGER 61133 FACILITIES SUPPLIES 220.08 148247 11111 09/14/23 14 HYDROTEC IRRIGATION EQUIP 64549 QUITO PK CONTROLLER 85.84 148247 11111 09/14/23 14 HYDROTEC IRRIGATION EQUIP 64549 BELLGROVE SPRINKLER 176.16 148247 11111 09/14/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT RD DRAIN 8,883.17 148247 11111 09/14/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT CTR IRR 6,343.86 TOTAL CHECK 15,489.03 148248 11111 09/14/23 500 MANJU BANERJE 68353 NBHD WATCH GRANT RMB 300.00 148249 11111 09/14/23 500 MAYURA JAYAM 68353 NBHD WATCH GRANT RMB 300.00 148250 11111 09/14/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,260.00 148251 11111 09/14/23 1 OFF OF SHERIFF-FISCAL SVC 68582 2023 CAR SHOW 10,348.00 148252 11111 09/14/23 1 OFF OF SHERIFF-FISCAL SVC 64811 JUL 2023 LAW ENFORCE 651,016.58 148253 11111 09/14/23 1 OFF OF SHERIFF-FISCAL SVC 64811 AUG 2023 LAW ENFORCE 651,016.58 148254 11111 09/14/23 1 OFF OF SHERIFF-FISCAL SVC 64811 SEP 2023 LAW ENFORCE 651,016.58 148255 11111 09/14/23 1182 ORCHARD CITY LOCK & SAFE, 64549 CSP BATHROOM LOCKS 173.00 148256 11111 09/14/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 BONNIE BRAE TREE RMV 3,150.00 148256 11111 09/14/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 CORP YARD TREE MAINT 6,950.00 TOTAL CHECK 10,100.00 148257 11111 09/14/23 610 PACIFIC DISPLAY, INC 64221 AUG VIL PED LIGHTING 900.00 148258 11111 09/14/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 203.48 148259 11111 09/14/23 173 PACIFIC GAS & ELECTRIC 63111 GATEWAY SERVICE 14.45 148260 11111 09/14/23 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 9.53 148261 11111 09/14/23 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 2.62 148262 11111 09/14/23 1092 PALACE ART & OFFICE SUPPL 66112 MTG EXP-WATER/CREAMER 63.08 21 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:19:16 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148263 11111 09/14/23 1619 RICHARDSON CONSULTING 22119 ENV19-0005 6,890.00 148263 11111 09/14/23 1619 RICHARDSON CONSULTING 65411 AUG ADR PROJ REVIEWS 390.00 TOTAL CHECK 7,280.00 148264 11111 09/14/23 1686 SAFETY NETWORK TRAFFIC SI 81121 STREET SPPLS-ALUMINUM 373.21 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 ALLENDALE LLA 169.59 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 BEAUCHAMPS 1,286.57 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 210.65 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 CARNELIAN GLEN 20% 241.90 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 CUNNINGHM/GLSGW 77.5% 172.41 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 FARWELL/THREE OAKS 545.11 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 HORSESHOE DR 80% 967.59 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 KERWIN RANCH 60% 322.07 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 MANOR DRIVE 400.79 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 6,329.87 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 SARA LEGENDS MINA WAY 1,273.04 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 SUNLAND PARK 330.64 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 TRICIA WOODS 22.5% 50.06 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 MEDIAN/PARKWAYS 10,736.38 148265 11111 09/14/23 87 SAN JOSE WATER COMPANY 63112 MED/KERWIN RANCH 40% 214.71 TOTAL CHECK 23,251.38 148266 11111 09/14/23 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#142 184.97 148267 11111 09/14/23 313 BAY AREA NEWS GROUP 62132 LL0006772710 478.64 148268 11111 09/14/23 1670 SYL CONSTRUCTION INC. 81161 PROSPECT CTR SIDEWALK 44,497.00 148269 11111 09/14/23 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES 1,089.22 148270 11111 09/14/23 343 TMT ENTERPRISES INC 61341 PARKS SPPLS-COMPOST 161.88 148271 11111 09/14/23 1813 TONY CHEW 64136 COMM RECOG DINNER 222.00 148271 11111 09/14/23 1813 TONY CHEW 64136 MOVIE NIGHT PHOTO SVC 222.00 148271 11111 09/14/23 1813 TONY CHEW 64136 MOVIE NIGHT PHOTO SVC 222.00 148271 11111 09/14/23 1813 TONY CHEW 64136 SAFETY FAIR PHOTO SVC 222.00 TOTAL CHECK 888.00 148272 11111 09/14/23 1287 TAPCO 81121 STREET SUPPLIES 261.43 148273 11111 09/14/23 549 TURF STAR, INC 64611 MAINTENANCE VEH 2,424.45 148274 11111 09/14/23 377 UNITED SITE SERVICES 81161 CSP TOILETS RENTAL 5,153.43 148275 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK 148276 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 439.96 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 64525 PAINTING SUPPLIES 436.57 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61331 ROAD MAINT SUPPLIES 102.78 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61313 UNIFORMS 54.68 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 CERT TRAINING -39.19 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61151 COMM. ART SUPPLIES 224.76 22 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:19:16 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61113 HAKONE MEMBERSHIP 45.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68651 MOVIE NIGHT - MEALS 81.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66111 NOTARY SERVICES 143.75 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 54.57 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC EVENT SUPPLIES 462.19 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 62251 IIMC ANNUAL DUES 225.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 10.90 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 RE-CERTIFICATION 120.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61362 FUEL 188.69 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 149.72 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61347 PICKLEBALL NETS RPLC 436.17 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68656 CITY EVENTS SPPLS 67.15 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 LEADERSHIP SUMMIT 188.58 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68651 MOVIE NIGHT SPPLS 690.42 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61278 SOFTWARE 339.96 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-BEACH BALLS 63.23 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-MOVIE LICENSE 480.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-PARTY RENTAL 520.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-SIGNS 76.55 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-T SHIRT FREIGHT 141.06 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-T SHIRTS 2,410.64 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 68618 SOTC-VOLLEYBALLS 17.39 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 64549 CSP SECURITY 945.29 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 545.45 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61347 PARKS EQUIPMENT 1,667.87 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61112 POSTAGE 43.87 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61113 HR SPECIALIST SUBSCR 147.32 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66111 MTG EXPENSES-MEALS 381.88 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66321 ORAL BOARD EXPENSES 117.56 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61192 WELLNESS GRANT-CARDS 300.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61192 WELLNESS GRANT-SNACKS 317.77 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 ICMA CONF REGISTER 149.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 109.95 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 64324 WEBSITE SERVICES 1,188.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61166 PC MEETING-MEALS 52.28 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61166 PC STUDY-DRINKS 49.30 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61166 PC STUDY-MEALS 256.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 71.73 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66212 MISAC CONF TRAVEL 113.98 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 102.64 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61116 RECOGNITION SUPPLIES 75.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61313 UNIFORMS 2,266.17 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61313 UNIFORMS 79.96 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61316 PROTECT GEAR-BOOTS 235.11 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61331 ROAD MAINT SUPPLIES 40.40 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61313 UNIFORMS 91.85 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 62112 PLUG & PLAY FEES 15.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 CALBO REGISTRATION 725.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 62251 IAEI MMBERSHIP RENEW 120.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 81161 PROSPECT RD MATERIALS 1,648.03 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 61113 NAT'L ELECTRICAL CODE 54.00 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 64323 SOFTWARE SUPPORT 300.04 148277 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 CALPERS CONF-BUNDANG 449.00 TOTAL CHECK 20,790.98 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 WVCWP CASQA CONF 875.00 23 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 09/14/2023 CITY OF SARATOGA VENCHK11 TIME: 15:19:16 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 66211 WVCWP GOVT CONF 699.00 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 66111 WVCWP MTG EXPENSES 55.99 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 81.78 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 61119 WVCWP OUTREACH SPPLS 1,546.90 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 64121 WVCWP PRINTING SVCS 11.95 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 61171 WVCWP SOFTWARE 15.00 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 63211 WVCWP TELEPHONE 342.10 148278 11111 09/14/23 391 US BANK PURCHASING CARD P 66212 WVCWP TRAVEL 137.96 TOTAL CHECK 3,765.68 148279 11111 09/14/23 1524 VILLALOBOS & ASSOCIATES 81161 PROSPECT RD ARPA PROJ 50,228.98 148280 11111 09/14/23 696 ZAG TECHNICAL SERVICES, I 64315 AUG IT SUPPORT SVCS 3,228.75 TOTAL FUND 2,264,703.11 TOTAL REPORT 2,264,703.11 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/21/2023 CITY OF SARATOGA VENCHK11 TIME: 12:15:22 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 3/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 68,280.07 233 SARAHILLS LIGHTING DIST 244.44 244 CUNNINGHAM/GLASGOW LND 9.56 251 MCCARTYSVILLE LANDSCAPE 19.48 252 PRIDES CROSSING LANDSCAPE 29.59 271 BEUACHAMPS L&L 67.66 272 BELLGROVE L&L 608.94 274 HORSESHOE DRIVE L&L 9.65 276 TOLLGATE L&L 16.35 411 CIP STREET PROJECTS FUND 184.84 414 CIP ADMIN PROJECTS FUND 487.28 432 CIP GRANT - PARK & TRAIL 1,995.00 435 ARPA/SLFRF FUND 38,000.00 612 WORKERS COMP FUND 289.92 621 OFFICE SUPPORT 8,500.00 622 IT SERVICES 98.91 623 VEHICLE & EQUIPMENT MAINT 230.00 624 BUILDING MAINTENANCE 17,973.87 713 WVCWP AGENCY FUND 2,025.00 TOTAL REPORT 139,070.56 25 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/21/2023 CITY OF SARATOGA VENCHK11 TIME: 12:14:34 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148281 11111 09/21/23 234 A T & T 63211 MONTHLY RECUR CHARGES 464.64 148281 11111 09/21/23 234 A T & T 63211 PROSPECT CENTER 392.97 148281 11111 09/21/23 234 A T & T 63211 BLANEY IRRIGATION 82.19 148281 11111 09/21/23 234 A T & T 63211 PRSPCT CTR EMER ALARM 902.95 148281 11111 09/21/23 234 A T & T 63211 CRP YRD EMER POTS LNS 59.08 148281 11111 09/21/23 234 A T & T 63211 ALARM SYS CIVIC THTR 286.23 148281 11111 09/21/23 234 A T & T 63211 SENIOR CENTER ALARMS 59.30 148281 11111 09/21/23 234 A T & T 63211 GATEWAY IRR CONTROL 28.58 148281 11111 09/21/23 234 A T & T 63211 ELEC PANEL CVC THTR 28.58 148281 11111 09/21/23 234 A T & T 63211 PHONE LNS PARKS/LIB 29.09 148281 11111 09/21/23 234 A T & T 63211 EMER POTS LINE 28.58 148281 11111 09/21/23 234 A T & T 63211 EMER POTS LN CDD LBBY 28.58 148281 11111 09/21/23 234 A T & T 63211 EMER POTS LV VM 33.77 148281 11111 09/21/23 234 A T & T 63211 AM 1610 RADIO 28.58 148281 11111 09/21/23 234 A T & T 63211 BOOK GO ROUND ALARM 55.87 148281 11111 09/21/23 234 A T & T 63211 CSP HVB FOR IRR 56.65 TOTAL CHECK 2,565.64 148282 11111 09/21/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 63.30 148282 11111 09/21/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 128.30 TOTAL CHECK 191.60 148283 11111 09/21/23 500 AJAY HAMPAPUR 22113 REF BD DEP ARB22-0010 20,601.00 148283 11111 09/21/23 500 AJAY HAMPAPUR 22111 REF DEP ARB22-0010 -257.21 TOTAL CHECK 20,343.79 148284 11111 09/21/23 357 BMI IMAGING SYSTEMS 81148 DOCUMENTS SCAN SVCS 487.28 148285 11111 09/21/23 188 CITY OF CAMPBELL 62624 WVCWP 23/24 OCT LEASE 2,025.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0022 (S0069) 1,080.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0028 (S5120) 1,687.50 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0002 (S6033) 1,350.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0009 (S6113) 810.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO22-0023 (S6172) 810.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0023 (S6173) 810.00 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0030 (S6183) 3,388.10 148286 11111 09/21/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0043 (S6351) 2,160.00 TOTAL CHECK 12,095.60 148287 11111 09/21/23 1814 DIANNE TULEY-BROWN 42591 WILDFIRE GRANT REBATE 1,995.00 148288 11111 09/21/23 378 EKIM PAINTING - NORTH, IN 64525 WHH PAINTING 950.00 148288 11111 09/21/23 378 EKIM PAINTING - NORTH, IN 64525 WHH DOOR TRIM 950.00 TOTAL CHECK 1,900.00 148289 11111 09/21/23 500 GEORGE MEDNICK 68353 NBHD WATCH GRANT RMB 300.00 148290 11111 09/21/23 1608 GREEN HALO SYSTEMS INC. 64323 SEP TRACKING FEE 192.00 148291 11111 09/21/23 63 INTERSTATE TRAFFIC CONTRO 81121 STREETS SUPPLIES 184.84 148292 11111 09/21/23 1802 KAIZEN INFOSOURCE LLC 65114 CITY RECORDS SVCS 8,500.00 148293 11111 09/21/23 500 MAGED ATTIA 22113 REF BD DEP ARB20-0005 8,500.00 26 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 09/21/2023 CITY OF SARATOGA VENCHK11 TIME: 12:14:34 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148294 11111 09/21/23 1164 MOUSER LAW FIRM 65273 AUG 2023 LEGAL SVCS 2,975.00 148295 11111 09/21/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,288.00 148295 11111 09/21/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,260.00 TOTAL CHECK 2,548.00 148296 11111 09/21/23 1324 READYREFRESH 62614 DRINKING WATER SVC 120.84 148297 11111 09/21/23 1062 NI GOVERNMENT SERVICES, I 63211 08/23 AIRTIME 87.35 148298 11111 09/21/23 1732 NWESTCO LLC 62144 AUG 2023 UST INSPECT 230.00 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS 67.66 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 608.94 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 12,820.88 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW 9.56 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 HORSESHOE DR LNDSCAP 9.65 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE 19.48 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 1,408.69 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING 29.59 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 244.44 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE 16.35 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS 1,903.66 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 975.24 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 3,976.28 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 262.57 148299 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 727.30 TOTAL CHECK 23,080.29 148300 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 24.94 148301 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 513.24 148302 11111 09/21/23 173 PACIFIC GAS & ELECTRIC 63111 PUB LIB/LNDSCP LIGHTS 23.82 148303 11111 09/21/23 1 SANTA CLARA COUNTY - DTAC 62325 AUG PARKING CITATION 112.50 148303 11111 09/21/23 1 SANTA CLARA COUNTY - DTAC 62325 AUG HANDICAP CITATION 73.60 TOTAL CHECK 186.10 148304 11111 09/21/23 98 SARATOGA CHAMBER OF COMME 68519 2023 CAR SHOWS 9,000.00 148305 11111 09/21/23 109 SARATOGA FOOTHILL CLUB 61111 FACILITY RENTAL FEE 250.00 148305 11111 09/21/23 109 SARATOGA FOOTHILL CLUB 61111 EVENT MGMT FEE 225.00 TOTAL CHECK 475.00 148306 11111 09/21/23 109 SARATOGA FOOTHILL CLUB 61111 FACILITY RENTAL DEP 1,000.00 148307 11111 09/21/23 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00 148308 11111 09/21/23 1670 SYL CONSTRUCTION INC. 81161 CRP YRD LOADING ZONE 38,000.00 148309 11111 09/21/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 207.92 148309 11111 09/21/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00 TOTAL CHECK 289.92 148310 11111 09/21/23 1813 TONY CHEW 64136 SOTC PHOTO SVCS 333.00 27 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 09/21/2023 CITY OF SARATOGA VENCHK11 TIME: 12:14:34 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 ADMIN SERVICES 19.11 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 BUILDING & INSPECTION 153.03 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 263.45 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 IT SERVICES 98.91 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 PARKS 37.11 148311 11111 09/21/23 395 VERIZON WIRELESS 63212 STREETS 80.70 TOTAL CHECK 652.31 148312 11111 09/21/23 1571 WORKTERRA 64163 AUG FLEX ADM FEES 200.00 TOTAL FUND 139,070.56 TOTAL REPORT 139,070.56 28 SARATOGA CITY COUNCIL MEETING DATE:October 4,2023 DEPARTMENT:Administrative Services PREPARED BY:Ann Xu, Interim Finance Manager/Accountant SUBJECT:Treasurer’s Report for the Month Ended July 31, 2023 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended July 31, 2023. BACKGROUND: California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly Local Agency Investment Fund (LAIF) rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of July 31, 2023, the City’s unaudited cash and investments totaled $41,167,888. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2016: for cash flow purposes and to avoid the occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance of $41.1 million exceeds the minimum amount required. Comerica Bank 1,356,979$ Deposit with LAIF 39,810,909$ Total Cash 41,167,888$ Cash Summary 29 City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its estimated expenditure requirements for the next six months. As of July 31, 2023, the City’s financial position (Assets $40.8M, Liabilities $6.0M, and Fund Equity $34.8M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –which represents the actual amount of funds available. ATTACHMENTS: Table 1 – Change in Total Fund Balances by Fund Table 2 – Change in Total Fund Balances by CIP Project Chart 1 – Change in Investment Pool Balance by Month Chart 2 – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates "+ Total Cash 41,167,888$ Plus: Assets (353,900) Less: Liabilities (6,052,470) Ending Fund Balance 34,761,518$ Adjusting Cash to Ending Fund Balance 30 TABLE 1: CHANGES IN TOTAL FUND BALANCE *Negative fund balance due to authorized spending of anticipated revenues **Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY2022/23 independent audit is completed. Fund Description Prior Year Carryforward 7/1/2023** Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2023 General Fund Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - - 1,000,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 3,509,000 - - - - - 3,509,000 Carryforwards Reserve 20,000 - - - - - 20,000 Facility Reserve 3,700,000 - - - - - 3,700,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,250,000 - - - - - 3,250,000 Compensated Absences Reserve 330,000 - - - - - 330,000 Other Unassigned Fund Balance Reserve (Pre YE distribution)2,335,220 - 363,802 (1,089,537) - (3,289,000) (1,679,515) * General Fund Total 15,144,220 - 363,802 (1,089,537) - (3,289,000) 11,129,485 Special Revenue Landscape/Lighting Districts 1,001,132 - - (8,802) - - 992,330 ARPA Federal Grants 6,473,435 - - - - - 6,473,435 2023 Storm Fund 200,884 - - - - - 200,884 Special Revenue Fund Total 7,675,451 - - (8,802) - - 7,666,649 Debt Service Library Bond 910,655 - - (733,293) - - 177,363 Arrowhead Bond 190,128 - - - - - 190,128 Debt Service Fund Total 1,100,783 - - (733,293) - - 367,491 Internal Service Fund Liability/Risk Management 643,207 - - (974,508) - - (331,301) * W orkers Compensation 224,868 - - (2,203) - - 222,665 Office Support Fund 162,213 - 881 (1,000) - - 162,094 Information Technology Services 710,691 - - (38,328) - - 672,363 Vehicle & Equipment Maintenance 268,387 - - (6,499) - - 261,888 Building Maintenance 692,401 - - (34,615) - - 657,786 Vehicle & Equipment Replacement 754,983 - - - - - 754,983 Technology Replacement 908,565 - - - - - 908,565 Facility FFE Replacement 855,962 - - - - - 855,962 Internal Service Fund Total 5,221,277 - 881 (1,057,153) - - 4,165,005 Trust/Agency WVCWP Agency Fund 653,923 - - (28,764) - - 625,159 Trust/Agency Fund Total 653,923 - - (28,764) - - 625,159 Capital Project Street Projects 3,660,101 - - (5,460) 2,846,395 (57,395) 6,443,641 Park and Trail Projects 836,826 - - - 375,000 - 1,211,826 Facility Projects 492,336 - 3,573 - - - 495,909 Administrative Projects 1,334,960 - 22,203 - 125,000 - 1,482,164 Tree Fund Projects 53,141 - 10,670 - - - 63,811 Park In-Lieu Projects 1,048,701 - 291,087 - - - 1,339,788 CIP Grant Street Projects (81,233) - - - - - (81,233) * CIP Grant Park & Trail Projects 90,000 - - - - - 90,000 Gas Tax Fund Projects (51,189) - - - - - (51,189) * CIP Fund Total 7,196,656 - 327,533 (5,460) 3,346,395 (57,395) 10,807,729 Total City 36,992,310 - 692,216 (2,923,008) 3,346,395 (3,346,395)34,761,518 31 TABLE 2: FUND BALANCES BY CIP PROJECT *Negative fund balance due to authorized spending of anticipated revenues **Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY 2022/23 independent audit is completed CIP Funds/Projects Prior Year Carryforward 7/1/2023** Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2023 Street Projects Annual Road Improvements 853,356 - - - 1,337,000 (57,395) 2,132,961 Roadway Safety & Traffic Calming 212,585 - - - 150,000 - 362,585 Citywide Traffic Signal Battery Backup 271,991 - - - - - 271,991 Portable Radar Feedback Sign 1,548 - - - - - 1,548 Local Roadway Safety Plan 3,047 - - - - - 3,047 Traffic Signal Controller Upgrades 80,000 - - - - - 80,000 Safe Routes to School Implementation - - - - 160,000 - 160,000 Citywide Bikeways and Sidewalk Master Plan - - - - 57,395 - 57,395 Prospect/Saratoga Median Improvement 309,379 - - - - - 309,379 Village Clock 2,560 - - - - - 2,560 Big Basin Way/Blaney Trash Can Replacement 2,133 - - - - - 2,133 Annual Infrastructure Maintenance & Repairs 72,915 - - - 250,000 - 322,915 Guava Court Curb & Gutter Replacement 252,514 - - - - - 252,514 Annual Corrugated Pipe Rehabilitation Project - - - - 300,000 - 300,000 El Camino Grande Storm Drain Pump 104 - - - - - 104 Saratoga Village Crosswalk & Sidewalk Rehabilitation 31,724 - - - - - 31,724 Quito Road Sidewalk Improvements 43,370 - - - - - 43,370 Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 50,000 - - - - - 50,000 Quito Road Sidewalk Rehabilitation and Gap Closure 182,609 - - - - - 182,609 Quito Road Sidewalk Rehabilitation Gap Closure Phase 2 300,000 - - - - - 300,000 Fourth Street Bridge Widening 95,813 - - - 42,000 - 137,813 Quito Road Bridge Replacement 127,478 - - - - - 127,478 Quito Road Bridge - ROW Acquisition 3,662 - - - - - 3,662 Bridge Rehabilitation Project Phase 1 350,000 - - - 350,000 - 700,000 Annual Retaining Wall Maintenance & Repairs 332,401 - - (5,460) 200,000 - 526,941 Mt. Eden Erosion Repair 45,344 - - - - - 45,344 Continental Circle Landslide Stabilization 57,447 - - - - - 57,447 Pierce Road Retainment 36,881 - - - - - 36,881 Mt. Eden Emergency Landslide 20,080 - - - - - 20,080 Unallocated Street Funds (171,000) - - - - - (171,000) Total Street Projects 3,660,101 - - (5,460) 2,846,395 (57,395) 6,443,641 Parks & Trails Projects Park/Trail Repairs 150,756 - - - 250,000 - 400,756 Hakone Gardens Infrastructure Improvements (12,010) - - - 25,000 - 12,990 Hakone Pond Reconstruction 300,000 - - - - - 300,000 Beauchamps Park Playground Replacement (3,945) - - - - - (3,945) * Guava/Fredericksburg Entrance 87,035 - - - - - 87,035 Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989 Park and Trail Fire Mitigation - - - - 100,000 - 100,000 Unallocated Park Funds 86,000 - - - - - 86,000 Total Parks & Trails Projects 836,826 - - - 375,000 - 1,211,826 Facility Projects Open Work Space 78,100 - - - - - 78,100 Civic Theater Improvements 27,240 - 3,573 - - - 30,812 PEG Funded Project 189,312 - - - - - 189,312 Community Center Improvement 19,484 - - - - - 19,484 Community Center Generator and EV Charging Stations 163,201 - - - - - 163,201 Library Building Exterior Maintenance 15,000 - - - - - 15,000 Total Facility Projects 492,336 - 3,573 - - - 495,909 Administrative and Technology Projects Safe Routes to School 158,755 - - - - - 158,755 City Website/Intranet 16,948 - - - - - 16,948 Development Technology (27,042) - 68 - - - (26,974) * Software Technology Management 194,403 - 6,989 - - - 201,392 LLD Initiation Match Program (7,344) - - - - - (7,344) * Horseshoe Beautification 8,237 - - - - - 8,237 Business Renewal Program 5,798 - - - - - 5,798 Citywide Accessibility Assessment 26,116 - - - 100,000 - 126,116 City Art Program 78,669 - - - 25,000 - 103,669 Safe Routes to School Needs Assessment 15,748 - - - - - 15,748 El Quito Neighborhood Improvements 284,507 - - - - - 284,507 Parking District ADA Improvements and Rehabilitation 250,000 - - - - - 250,000 Storm Drain Master Plan 300,000 - - - - - 300,000 ADA Self Assessment 320,250 - - - - - 320,250 General Plan Update 234,195 - 15,147 - - - 249,342 Wildfire Mitigation Program 4,067 - - - - - 4,067 Risk Management Project Funding 54,153 - - - - - 54,153 Unallocated Administrative Funds (582,500) - - - - - (582,500) Total Administrative and Technology Projects 1,334,960 - 22,203 - 125,000 - 1,482,164 32 TABLE 2 (cont.): FUND BALANCES BY CIP PROJECT *Negative fund balance due to authorized spending of anticipated revenues **Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY 2022/23 independent audit is completed. CIP Funds/Projects Prior Year Carryforward 7/1/2023** Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2023 Tree Fund Projects Citywide Tree Planting Program 27,266 - 10,670 - - - 37,936 Tree Dedication Program 25,875 - - - - - 25,875 Total Tree Fund Projects 53,141 - 10,670 - - - 63,811 Park In-Lieu Projects Orchard Irrigation & Tree Planting 3,237 - - - - - 3,237 Hakone Gardens Infrastructure 82,011 - - - - - 82,011 Hakone Gardens Neighbor Wood Fence Replacement 75,000 - - - - - 75,000 Quarry Park Maintenance Building Utility Project 35,000 - - - - - 35,000 EL Quito Park Pickleball 1,515 - - - - - 1,515 Joe's Trail Phase II 130,755 - - - - - 130,755 Joe's Trail Phase III 264,000 - - - - - 264,000 Trail Pet Stations 25,000 - - - - - 25,000 Saratoga Village to Quarry Park Walkway - Design 223,810 - - - - - 223,810 Village Oaks Bridge Reconstruction and Erosion Control 30,000 - - - - - 30,000 Hakone Gardens to Quarry Park Trail Gap Closure Phase 1 50,000 - - - - - 50,000 Park and Trail Fire Mitigation 100,000 - - - - - 100,000 Unallocated Park In-Lieu Funds 28,372 - 291,087 - - - 319,459 Total Park In-Lieu Projects 1,048,701 - 291,087 - - - 1,339,788 CIP Grant Street Projects Local Roadway Safety Plan (4,882) - - - - - (4,882) * Prospect/Saratoga Median Improvement (19,217) - - - - - (19,217) * Citywide Signal Upgrade II 18 - - - - - 18 Saratoga Ave Sidewalk (34,146) - - - - - (34,146) * Village Sidewalk, Curb & Gutter - Phase II Construction (91) - - - - - (91) * Saratoga Village Crosswalk & Sidewalk Rehabilitation (834) - - - - - (834) * 4th Street Bridge (31,057) - - - - - (31,057) * Quito Bridge Replacement 18,597 - - - - - 18,597 Quito Road Bridges - ROW Acquisition (9,619) - - - - - (9,619) * Total CIP Grant Street Projects (81,233) - - - - - (81,233) CIP Grant Park & Trail Projects Park and Trail Fire Mitigation 90,000 - - - - - 90,000 Total CIP Grant Park & Trail Projects 90,000 - - - - - 90,000 CIP Grant Administrative Projects CDD Software/ADA 39,736 - - - - - 39,736 General Plan Update (LEAP)(226,723) - - - - - (226,723) * Total CIP Grant Administrative Projects (186,987) - - - - - (186,987) Gas Tax Fund Projects Annual Roadway Improvements (104,750) - - - - - (104,750) * Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278 Big Basin Way Sidewalk Repairs (1,802) - - - - - (1,802) * Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects (51,189) - - - - - (51,189) Total CIP Funds 7,196,656 - 327,533 (5,460) 3,346,395 (57,395) 10,807,729 33 CHART 1: CHANGE IN INVESTMENT POOL BALANCE BY MONTH 34 CHART 2 March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 2.16 2.40 2019 2.55 2.57 2.45 2.29 2020 2.03 1.36 0.84 0.63 2021 0.44 0.33 0.24 0.23 2022 0.32 0.75 1.35 2.07 2023 2.74 3.15 Quarterly Apportionment Rates Local Agency Investment Fund 35 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2023 DEPARTMENT:Public Works Department PREPARED BY:M. Leah Cabute, Environmental Program Manager SUBJECT:First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee RECOMMENDED ACTION: Authorize the City Manager to execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to allow satellite and auxiliary teleconferencing attendance in meetings. BACKGROUND: The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County provides leadership for countywide planning efforts and works to ensure the success of countywide cooperative programs to reduce, reuse, and recycle materials that otherwise would be disposed of in landfills. Most recently, the RWRC has been instrumental in helping cities coordinate their edible food recovery efforts to comply with SB1383 requirements. Members of the RWRC consist of representatives from local agencies operating under the jurisdiction of Santa Clara County. The West Valley Solid Waste Management Authority staff attends the RWRC meetings on behalf of Saratoga, Campbell, Los Gatos, and Monte Sereno and is the voting member for each of the west valley cities. In 2013, the Saratoga City Council authorized the City Manager to execute a Memorandum of Agreement (MOA) to implement the City’s participation in the RWRC. In December 2020, the Santa Clara County Health Officer ordered local businesses and agencies to implement workplace changes in accordance with the rules and regulations of AB 361 in response to the COVID-19 state of emergency. Consequently, limitations were placed on in- person activities and events to help prevent the spread of COVID-19 to ensure the health and safety of the public. The RWRC was instructed to conduct all meetings virtually in compliance with these mandates and their program operations. Soon after, the RWRC's Commission, committees, and subcommittees began hosting their meetings virtually through the online platform Zoom. 36 In January 2023, the expiration of AB 361 prompted the Santa Clara County Health Officer to lift its previous order and the restrictions placed on local entities during the height of the pandemic. Subsequently, RWRC staff aligned their meeting procedures with Section 54953(b) from the Ralph M. Brown Act, which permits the inclusion of teleconference participation (including both audio and camera) based on specific predefined conditions. However, the RWRC’s current MOA, which dates back to 2013, contains language strongly discouraging the use of alternative teleconference methods. The RWRC determined its teleconference technology did not allow for member attendance confirmation, nor the ability to identify participants during active discussions. Due to the evolution of technology in the last 10 years, the RWRC would like to revise the language of its MOA to incorporate language permitting the use of teleconference options in accordance with the Brown Act’s updated meeting procedures. For the First Amendment to pass, it must receive unanimous written agreement of the County and 15 cities in Santa Clara County. Staff recommends that the Saratoga City Council authorize the City Manager to execute the First Amendment of the RWRC MOA. ATTACHMENTS: Attachment A- First Amendment to 2013 RWRC MOA Attachment B- RWRC MOA 37 First Amendment to Agreement Page 1 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee FIRST AMENDMENT TO AGREEMENT CREATING THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE (“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California. All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY." RECITALS WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”); WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was strongly discouraged; WHEREAS, starting in December 2020, pursuant to first the state of emergency teleconferencing procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) (“Brown Act”). FIRST AMENDMENT NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows: 1.Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated 38 First Amendment to Agreement Page 2 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee herein as Exhibit “1” shall remain in full force and effect except that the following amendments shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following: “C. Satellite and Auxiliary Teleconferencing Attendance in Meetings. 1. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator. 2.Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology,provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements,including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda.The member shall comply with all Brown Act teleconferencing requirements. In such event,the member will notify the Administrator at least ten (10)days in advance of the meeting and request to attend from an Auxiliary Teleconference Location.The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible,the Administrator will comply with all Brown Act teleconferencing requirements,including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction. The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location. A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum;however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum. Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location 39 First Amendment to Agreement Page 3 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee attendance at meetings is strongly preferred and encouraged. 2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists. 3.The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal. 4.The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County. 5.The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT. 6.This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES. [SIGNATURES ON FOLLOWING PAGE] 40 First Amendment to Agreement Page 4 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above. COUNTY OF SANTA CLARA, a political subdivision of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ President, Board of Supervisors Deputy County Counsel CITY OF CAMPBELL, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF CUPERTINO, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF GILROY, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF LOS ALTOS, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney 41 First Amendment to Agreement Page 5 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee TOWN OF LOS GATOS, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney CITY OF MILPITAS, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF MONTE SERENO, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF MORGAN HILL, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF PALO ALTO, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney 42 First Amendment to Agreement Page 6 of 6 Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF SARATOGA, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney CITY OF SUNNYVALE, a municipal corporation of the State of California Approved as to Form: Date: __________Date: __________ By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney 43 I , AGREEMENT CREATING THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION T E CHNICAL ADVISORY COMMITTEE THIS AGREEMENT, is made and entered into this 4 {:-h day of j U YI e 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California , CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California . All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY." RECITALS: A. In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Waste Management Plan and to appoint an AB 939 Local Task Force. B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee , also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues. C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County. D. On February 4, 1992 , the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commission") in order to streamline the 5/6/13 ORIGINAL JUN o 4 2013 44 TAC MEMORANDUM OF AGREEMENT decision -making process on solid waste and recycling issues. (Ordinance No. NS- 300.495) The powers and duties of the Commission are defined in Chapter XVII , Division A6 of the County of Santa Clara Ordinance Code. E. On December 4 , 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing th e name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County. F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan . G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4 , 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the "TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies , programs and revisions and amendments to countywide plans . H. On an annual basis , the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget. I. In accordance with the AB 939 provisions for financing solid waste diversion and planning activities , the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county and subsequently transported for disposal to landfills outside Santa Clara County , and on tons transported directly to disposal facilities located outside Santa C lara County. The current SWPF of $0.78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition , funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs . Such funds , including monies from the SWPF , are referred to herein as "Countywide Funds". J . In 2011 , Assembly Bill 341 ("AB 341 ") was signed into law establis hing a statewide goal of dive rting 75 % of solid waste from disposal by 2020 and requiring The California Department of Resources , Recycling and Recovery to pre pare and submit a plan to th e Legislature on or before January 1, 2014 on how to achieve this goal. K . Since the TAC was originally established, the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75 % diversion , many materia ls currently disposed in landfills must be segregated and 45 TAC MEMORANDUM OF AGREEMENT processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal. L. Commensurate with changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs . M. The TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission -approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget. N. In order to address these issues, the Commission appointed the Ad Hoc Committee for TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees , the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC. 0. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC . Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. PURPOSES AND FUNDING 5/6/1 3 The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001. A. Purposes. The purposes of the TAC are: 3 46 TAC MEMORANDUM OF AGREEMENT 5/6/13 1. To implement the Commission-approved Annual Workplan and Budget; 2. To advise the Commission and the decision-making bodies of all PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste; 3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health; 4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval; 5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information; 6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary; 7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs. 8. To assist with future master planning for facilities and infrastructure, as requested by the Commission . 9 . To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage , collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle-to-cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to: a. The feasibility of technical proposals; b. Analysis of issues and problems in solid waste management; c . Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e . Financing and management options for creation of such infrastructure. 10. To perform other duties as directed by the Commission. B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators , to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is established by the Board of Supervisors based upon input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants , voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the Countywide Funds used to fund the Commission-approved Annual Workplan and Budget. 4 47 TAC MEMORANDUM OF AGREEMENT II. COMPOSITION 5/6/1 3 A Voting members, not to exceed 27 in number, shall include: 1. One (1) staff person from each City or Town that is a PARTY 2. Three (3) staff persons from the County as follows: a. One (1) to represent the Unincorporated Area b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management 3. One (1) staff person from the Santa Clara Valley Water District 4. Up to eight (8) persons from non -governmental organizations appointed by the Commission as follows: a. No more than three (3) representing for-profit industry groups and/or business organizations (however, no member shall represent a single for-profit company) b. No more than four (4) representatives of non-profit groups that advocate for source reduction , recycling programs, sustainability, and/or producer responsibility c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County B. Appointment of Members. All members representing a public agency shall be re - designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator"). The Commission will accept requests and nominations for non - governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media , including, but not limited to, websites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate. Members representing non-governmental organizations shall serve for a period of two (2) years beginning in January. At the end of that time, the Commission shall select the non- governmental organizations to be represented on the TAC for the new two (2) year term . The initial group of non-governmental organization representatives will be selected by the Commission on or before December 31 , 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media , in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC. C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, 5 48 TAC MEMORANDUM OF AGREEMENT subcommittees, and ad hoc subcommittees . D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. If a vacancy occurs with regard to a representative of a non -governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non -governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy. E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY. Ill. QUORUM AND VOTING 5/6/1 3 A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting. B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.) C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict , a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In- person attendance and participation at meetings is strongly preferred and encouraged. D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its 6 49 TAC MEMORANDUM OF AGREEMENT governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission. IV. OFFICERS AND THEIR RESPONSIBILITIES A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or alternates representing a PARTY. B . Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officers' terms begin with the first meeting of each calendar year. C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee (IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings . The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two (2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda. V. MEETINGS A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings . The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair. B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq .) Except for official meetings of the TAC and its Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply. VI. IMPLEMENTATION COMMITTEE 5/6/13 A. Composition and Duties. The TAC Implementation Committee (IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S 7 50 TAC MEMORANDUM OF AGREEMENT 5/6/13 IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCVWD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission. B . Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. (Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. (For purposes of calculating whether or not the forty percent (40%) figure has been reached , the population of each PARTY shall be counted; however, no population shall be attributed to the SCVWD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members. Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission , and also makes an informational report to the TAC on the recommendations forwarded to the Commission . The Chair shall strive to achieve consensus among IC members . Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached , the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the IC along with the dissenting opinion(s) and viewpoints, to the Commission and to the TAC . In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome . In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for another IC meeting . C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission- approved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s). 8 51 TAC MEMORANDUM OF AGREEMENT VII. TAC SUBCOMMITTEES A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year . Additional Subcommittees may be established at other times throughout the year as needed. B. Membership and Meetings . Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates . There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee . A quorum is two (2) or more Subcommittee members. Subcommittees may elect a Vice- Chair to serve in the Chair's absence . Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC. Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at another meeting. C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems . The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees . The TAC Chair shall monitor the work of all Ad Hoc Subcommittees , and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished. VIII. TAC ADMINISTRATOR 5/6/13 A. Duties. The TAC Administrator provides administration and management se rvices to the TAC and carries out the Annual Workplan . Duties of the Administrator include, but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes ; maintaining all TAC records and files ; notifying the TAC of correspondence received and preparing outgoing correspondence ; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chai r of the TAC. The Administrator shall work cooperatively and collaboratively with the IC , the Fiscal Ag e nt and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget. B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2 . 9 52 TAC MEMORANDUM OF AGREEMENT 5/6/13 C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara , Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of des ignated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed. D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose funct ion is to re present the PARTY's point of view on issues, policy and fiscal matters . The PARTY'S TAC/IC represe ntative shall be a person who is not be involved in the work of the Administrator. This d e signation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC , TAC committees and subcommittees, and to the IC . E. Contract With Administrator. All duties and responsibilities of the Admin ist rator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years , at the discretion of the IC . In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties , responsibilit ies, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The lette r agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be pre pared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 2014/15 . If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to repre sent the Contracting Agent. F . Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fis.cal year 2 014/15 , the following schedule will apply. In November of each year , the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3. The Administrator shall submit the final draft of the proposed Annual Workplan and 10 53 TAC MEMORANDUM OF AGREEMENT Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C . The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year. G. Annual Reporting and Evaluation. The Administrator shall prepare a self- evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator. IX. FISCAL AGENT 5/6/13 A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non - disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer 11 54 TAC MEMORANDUM OF AGREEMENT 5/6/13 any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as direc;ted by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC , the Administrator, and the Contracting Agent. B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed. C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified . The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year. D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs , the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent. E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months , and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues , movement of monies , reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12 55 TAC MEMORANDUM OF AGREEMENT description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests. F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year. G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self- evaluation, along with the Year-End Budget Report, for submittal to the IC. The self- evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed . The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent. X . CONTRACTING AGENT 5/6/13 A. Duties. The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors , and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to any PARTY or pe rson designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator. 13 56 TAC MEMORANDUM OF AGREEMENT 5/6/13 In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend , use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5 , comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent. B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C. C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2 . If the Contracting Agent is also serving as the Administrator, the Fiscal Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator. D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts , and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14 57 TAC MEMORANDUM OF AGREEMENT E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit. F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report , for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent. XI. LEGAL COUNSEL A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission- approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm . The IC will interview and select Legal Counsel as needed , and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel , but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTI ES related to their individual compliance with Public Resources Code Section 40000 et. seq ., but may provide such services under separate contract with any PARTY or PARTIES. XII. OTHER AGREEMENTS OF THE PARTIES A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 5/6/13 15 58 TAC MEMORANDUM OF AGREEMENT 5/6/13 occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF. B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted. C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto. D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including , but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead. E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI. Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such 16 59 TAC MEMORANDUM OF AGREEMENT 5/6/13 PARTY under this Agreement. F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including, but not limited to , the TAC Rules of Procedure dated May 22 , 2006, but does not supersede any other agreements betwe en any of the PARTI ES . G. Amendments. This Agreeme nt may be amended by unanimous w ritten a greement of the PARTIES. All PARTIES agree to bring-.any proposed amendments to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evalu ate this Agreement and determine if any amendments are needed . The fi rst bi e nnial evaluation s hall be in 2015 . T he IC m ay recommend amendments on a more frequent basis if desired . H. Venue. In the event that suit shall be brought by any PARTY t o thi s Agreement, the PARTI E S agree that venue shall be exclusively vested in the state courts of the C?u~ty of Santa Clara , or_ w~ere othe_rwis~ ~~rffl~~\~Wtr e~st~l~!Y~1Yff~~!f nited States D1stnct Court, Northern D1stnct of Callforn1a,;~~g;;J,o,~~,s;~j 1fp rn J~.-fl••m \ttnl•i tt · 1;_,,fr.,1~u~ I. Attachments. Attachments 1 through 5 are attached hereto and incorporated herein by this reference. ·. ·l 17 60 TAC MEMORANDUM OF AGREEMENT IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. By: ---f:f----r---f---Tfl----- PRES EN KEN YEAGER 5/6/13 Signed and certified that a copy of lhia document has been delivered by elldronic or other means to the President, Board of Superviaots. A est: APPROVED AS T ~ORM:~ By: ~ I~ o/5/7t>13 Deputy County Counsel 18 61 TAC ME MORANDUM OF AGREEMENT CITY OF CAMPBELL Date: ---------- By: __________ _ Name: Mark Linder Title: City Manager CI T Y OF CUP ERTINO Date: ---------- By: __________ _ Name: David Brandt Title: City Manager CITY OF GILROY Date: ---------- By: __________ _ Name: Thomas Haglund Title: City Administrator CITY OF LOS ALTOS Date: ---------- By: __________ _ Name: Marcia Somers Title : City Manager TOWN OF LOS ALTOS HILLS Date: ---------- By: __________ _ Name: Carl Cahill Title: City Manager 5/6/1 3 APPROVED AS TO FORM: By: __________ _ Name : -------- Tit I e: City Attorney APPROVED AS TO FORM : By: __________ _ Name: --------- Title: City Attorney APPROVE D AS TO FORM: By: __________ _ Name: -------- Tit I e: City Attorney APPROVED AS TO FORM : By: __________ _ Name: . ________ _ Title : --------- APPROVED AS TO FORM: By: __________ _ Name: ·--------- Title: Town Attorney 19 62 TAC MEMORANDUM OF AGREEMENT TOWN OF LOS GATOS Date: ---------- By: __________ _ Name: Greg Larson Title: Town Manager CITY OF MILPITAS Date: ---------- By: __________ _ Name: Tom Williams Title: City Manager CITY OF MONTE SERENO Date : ---------- By: __________ _ Name: Brian Leventhal Title: City Manager CITY OF MORGAN HILL Date: ---------- By: __________ _ Name: Steve Rymer Title: City Manager 5/6/13 APPROVED AS TO FORM: By: __________ _ Name: --------- Title: Town Attorney APPROVED AS TO FORM: By: __________ _ Name: Michael J. Ogaz Title : City Attorney APPROVED AS TO FORM: By: __________ _ Name: --------- Title: --------- APPROVED AS TO FORM: By: __________ _ Name: -------- Ti tie : City Attorney 20 63 TAC MEMORANDUM OF AGREEMENT CITY OF MOUNTAIN VIEW Date : ---------- By: __________ _ Name: Daniel H. Rich Title : City Manager CITY OF PALO ALT O Date: ----------- By: __________ _ Name : James Keene Title : City Manager CITY OF SAN JOS E Date: ---------- By: __________ _ Name: Norberto Duenas Title: Deputy City Manager CITY OF SANTA CLARA Date: ----------- By: __________ _ Name: Julio J . Fuentes Title: City Manager CITY OF SARATOGA Date: ----------- By: __________ _ Name: Dave Anderson T itle: City Manager 5/6/13 APPROVED AS TO FORM : By:. ___________ _ Name : Jannie L. Quinn Title: City Attorney APPROVED AS TO FORM: By: ___________ _ Name : --------- Title: City Attorney APPROVED AS T O FORM : By: ___________ _ Name : Rosa Tsongtaatarii Titl e : Senior Deputy City Attorney APPROVED AS TO FORM: By: ___________ _ Name: Richard E. Nosky , Jr. Title : City Attorn ey APPROVED AS TO FORM: By: ___________ _ Name: Richard T aylor Title: City Attorney 2 1 64 TAC MEMORANDUM OF AGREEMENT CITY OF SUNNYVALE Date: APPROVED AS TO FORM: ---------- By: __________ _ By: ___________ _ Name: Gary M. Luebbers Name: Joan A. Borger Title: City Manager Title: 5/6/13 22 65 TAC MEMORANDUM OF AGREEMENT ATTACHMENT 1 INITIAL STAFFING OF ADMINISTRATOR The following is the initial staff complement for the Administrator: Staff Person E lizabeth Constantino, Program Manager II Provides oversight of all Annual Workplan tasks and all functions of the Administrator. Lisa Rose, Senior Management Analyst Coordinates the Green Business Program, serves as staff to the Commission, and performs various other duties. Clifton Chew, Management Analyst Serves as staff to the TAC, prepares state reporting and DRS, and performs various other duties. Zachary DeVine, Management Analyst Contracts monitoring, budget tracking , Outreach Specialist, and various other duties. Sue Sherrin, Associate Management Analyst B, Green Business Specialist Sarah Smith, Management Analyst Home Composting Education Program Coordinator Joanne Chapa, Office Specialist Ill 5/6/13 % FTE Committed To Administrator Duties 0.82 FTE 0.87 FTE 0.80 FTE 0.67 FTE 0.98 FTE 1.0 FTE 0.94 FTE 2 3 % FTE Committed To County Unincorporated Duties 0.18 FTE 0.13FTE 0.20 FTE 0.33 FTE 0.02 FTE 0.00 FTE 0.06 FTE 66 TAC MEMORANDUM OF AGREEMENT ATTACHMENT 2 SELECTION PROCESS FOR THE ADMINISTRATOR 1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission. 2. Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable. 3. Key Employee. A "key employee" includes, but is not limited to, any one of the following: 5/6/13 a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan. 24 67 TAC MEMORANDUM OF AGREEMENT 5/6/13 b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or ha zardous waste management programs and practices . c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling , solid and hazardous waste management, and/or in work for public agencies. d . An employee whose work tasks involve a high level of interaction with the public (e.g . in trainings , liaison with businesses or non-profit organizations , etc.). e . An employee whose work tasks involve presentations or testimony to public agencies (e.g . City Councils , the Board of Supervisors) and/or community organizations (e.g. service organizations , community groups , homeowner's associations, etc.). 25 68 TAC MEMORANDUM OF AGREEMENT ATTACHMENT 3 ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET 1 . Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent {FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task. 2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees. 3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks. 4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs. 5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26 69 TAC MEMORANDUM OF AGREEMENT Contracting Agent, and other potential providers of these services . 6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one -time transfer of funds, quarterly transfer of funds, or other recommended timing.) 7. Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27 70 TAC MEMORANDUM OF AGREEMENT ATTACHMENT 4 CODE OF ETHICAL CONDUCT 1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own. 2. All members shall remain aware that the activities of the TAC are funded by fees raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions. 3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply : a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered . b. The member is an owner or investor of a business the TAC is considering doing business with. c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC. d. A charity, community group or non -governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services . e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse. 4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded. 5. Members shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency. 6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room. 7. Members shall not engage in financial transactions using non -public information nor allow the improper use of such information to further any personal or private interest. 5/6/13 28 71 TAC MEMORANDUM OF AGREEMENT 8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section. 9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment. 10. Members shall not use their membership on the TAC for private gain. 11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual. 12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC. 13 . Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations. 14.AII members shall participate in a TAC-sponsored Ethics Training biennially. 15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment. 5/6/13 29 72 TAC MEMORANDUM OF AGREEMENT ATTACHMENT 5 PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT TO CONTRACTING AGENT The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES. 1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year. 2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following: A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual , quarterly, or more frequent transfers , as needed for the fiscal year. B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if ci rcumstances change during the year, or if there are other reasons to do so. C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work , the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work. 3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator. The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator. 4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent. 5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the · Administrator , the Fiscal Agent and the Contracting Agent , as well as carrying out the duties of each. 6. If the Contracting Agent is , at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC. 7. When making transfers of funds to the Contracting Agent, the Fiscal Ag e nt shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent. 8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC , the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferre d . 5/6/13 30 73 TAC MEMORANDUM OF AGREEMENT 9. At the end of the fiscal year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC. 10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures. 5/6/13 3 1 74 SARATOGA CITY COUNCIL COUNCIL ASSIGNMENTS Mayor Kookie Fitzsimmons Cities Association of Santa Clara County-City Selection Committee Council Finance Committee Hakone Foundation Executive Board Saratoga Area Senior Coordinating Council Board of Directors West Valley Mayors & Managers Association Vice Mayor Yan Zhao Cities Association of Santa Clara County-Legislative Action Committee Saratoga Ministerial Association Silicon Valley Regional Interoperability Authority Alternate Council Member Belal Aftab Association of Bay Area Governments Hakone Foundation Board of Trustees Santa Clara County Housing and Community Development (HCD) Advisory Committee Saratoga Historical Foundation Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee Council Member Chuck Page Council Finance Committee Santa Clara Valley Water Commission Saratoga Chamber of Commerce Board West Valley Clean Water Program Authority Board of Directors West Valley Sanitation District Board of Directors West Valley Solid Waste Management Authority Board of Directors Council Member Tina Walia Cities Association of Santa Clara County Board of Directors KSAR Community Access TV Board Santa Clara County Library District Board of Directors Saratoga Sister City Committee Liaison Silicon Valley Clean Energy Authority Board of Directors 75