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HomeMy WebLinkAbout05-15-2024 City Council Agenda Packet, amended 05-15-2024Saratoga City Council Agenda May 15, 2024 – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING MAY 15, 2024 AMENDED AGENDA • 05/15/2024 SPECIAL PRESENTATION ITEM, PRESENTATION SLIDES ADDED • 05/15/2024 ITEM 2.1, 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 5:30 p.m. Closed 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/89527052458 • Webinar ID 895 2705 2458 OR • Calling 1.408.638.0968 or 1.669.900.6833 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 Saratoga Senior Center, S. Ku Hall, located at 19655 Allendale 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 • Calling 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. Saratoga City Council Agenda May 15, 2024 – Page 2 of 5 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. 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. 5:30 PM CLOSED SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Richard Taylor, Monica LaBossiere Unrepresented Employee: City Manager 6:00 PM JOINT SESSION Saratoga Senior Center, S. Ku Hall, | 19655 Allendale Avenue, Saratoga, CA 95070 Joint Session with Saratoga Neighborhoods Recommended Action: Meet with Saratoga neighborhood associations and residents to hear about concerns and updates in their respective neighborhoods. 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 May 9, 2024. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Saratoga City Council Agenda May 15, 2024 – Page 3 of 5 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 SPECIAL PRESENTATION West Valley Community Services Special Presentation Recommended Action: Receive presentation from West Valley Community Services. Presentation Slides (added 05-15-2024) 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 May 1, 2024, City Council Regular Meeting and the May 6, 2024, City Council Special Meeting. Staff Report Attachment A - Minutes for the May 1, 2024 City Council Regular Meeting Attachment B - Minutes for the May 6, 2024 Special City Council Meeting 1.2. Accounts Payable Check Registers Recommended Action: Review and accept the 04/25/2024 and 05/02/2024 accounts payable vendor payment check registers. Staff Report Attachment A - Check Register Reports 04-25-2024 Attachment B - Check Register Reports 05-02-2024 1.3. Resolution Temporarily Suspending Certain Requirement for Heritage Preservation Commission Applicants Recommended Action: Adopt the Resolution temporarily suspending the requirement for Historic Preservation Commission Applicants to attend a Commission meeting prior to being interviewed by the City Council. Staff Report Attachment A - Resolution Temporarily Suspending Requirement for HPC Applicants 1.4. Authorization to Write Off Bad Debt Recommended Action: Authorize write off bad debt totaling $8,563.92 as of March 31, 2024. Staff Report Saratoga City Council Agenda May 15, 2024 – Page 4 of 5 1.5. Reject All Bids for FY23/24 Pavement Management Program Project Recommended Action: Reject all bids for the FY23/24 Pavement Management Program Project and authorize staff to re-bid the project at a later date with a reduced project scope. Staff Report 1.6. AB 939 and Household Hazardous Waste Agreements with Santa Clara County Recommended Action: Authorize the City Manager to sign the Agreement for Countywide Assembly Bill 939 Implementation Fee and Santa Clara County Household Hazardous Waste Collection Program Agreement with a $76,767 augmentation for Fiscal Year 2024/25. Staff Report Attachment A - Agreement for Countywide AB939 Implementation Fee Attachment B - Agreement for Countywide Household Hazardous Waste Collection Program 2. GENERAL BUSINESS 2.1. Receive 2024-25 General Fund Budget Overview Recommended Action: Provide feedback on the 2024-25 General Fund budget overview. Staff Report Attachment A - 2024-25 General Fund Budget Overview Presentation Slides (added 05-15-2024) COUNCIL ASSIGNMENTS Council Assignments CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS 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 May 9, 2024 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 9th day of May 2024 at Saratoga, California. Britt Avrit, MMC, City Clerk Saratoga City Council Agenda May 15, 2024 – Page 5 of 5 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] West Valley Community Services 50 years of serving the community 5 Our mission is to unite the community to fight hunger and homelessness. Our vision is a community where every person has food on the table and a roof over their head. About WVCS “When I first came into WVCS for help, I had a three-day notice for evictions. I had to move out if I did not have any help. WVCS prevented me and my child from becoming homeless.” -Melissa (Client) 6 Our Clients ●West valley residents ●Multicultural ●Multilingual ●Single adults ●Couples ●Families ●Seniors ●At-risk youth ●Domestic abuse survivors ●Disabled ●Homeless and/or unstably housed Income eligibility ●$46,000 individual income ●$96,00 family income (four person household) 7 Our Services We provide a variety of critical safety-net services: ●Food -shopping ●Food -delivery ●Rental assistance ●Housing referrals & support ●Affordable housing ●Family support ●Homeless services ●Case management & system navigation ●Information and referrals ●Education and advocacy ●Employment coaching 8 Our Intervention ●Choice -Pantry to Market ●Food access is looked at with the lens of nutritional meals ●One stop shop approach ●Mobile operations (9 locations) ●Lived experience conversation ●Service learning opportunities ●Hunger and Housing advocacy for systems change 9 WVCS Client Data (2022-2023) By the Numbers People came to WVCS for the first time Men, women, and children assisted Meals made possible by our food pantries Emergency rental assistance provided 1,622 4,697 992,916 $ 1,498,142 10 Park-it Market Data (2022-2023) By the Numbers Park-it Market People came to WVCS for the first time Men, women, and children assisted Meals made possible by our food pantries Special Program support provided 1003 1535 220,000 206 11 Saratoga-2023-2024 ●33 new Saratoga household ●181 households accessing the WVCS Market ●170 households accessing the Park-it Market ●174 households participated in Special Programs ●5 households received rental assistance in the amount of $17,315 ●Post-COVID impact: rental assistance in high demand, requests for support from small business owners 12 Our Approach ●Prevent imminent evictions and/or utility shut-off ●Reduce food costs, preserving household assets for other essential expenses (rent, childcare, medical bills, utilities, transportation) ●Provide assistance in navigating benefits available through the social services system in the County ●Help clients remain housed/house un-housed clients ●Develop a plan to reduce long-term debt and save money ●Explore new income and employment opportunities ●Support long-term stability and health for children and other household members ●Work with clients to develop and implement a plan that supports long term stability 13 Video Presentation Park-it Market Video 14 Park-it Market Locations Cupertino De Anza College Saratoga Fellowship Plaza West Valley College Los Gatos Open Doors Mountain Bible Church/Skyland Church San Jose Locations Leigh High School Anderson Elementary School Rosemary Elementary School Moreland School District 15 Park-it Market Outreach Flyers 16 End Hunger and Homelessness ULTIMATE IMPACT PROGRAM COMPONENTS Food Market and Park-it Market Basic Needs Supports and Eviction Prevention Homelessness Supportive Services Community Access to Resource & Education (CARE) Program Homeless with significant financial and food needs In Crisis Vulnerable Self-Sufficient Unstably housed and financially vulnerable with significant food needs Stable housing and finances with regular food needs Self-sufficient in housing and finances with occasional food needs Programming not needed Outcome Areas: Program Components: Service Populations:Self-Sufficiency MatrixDepending on prescribed program intervention, and depending on where each service population group sits in the self-sufficiency scale, WVCS has expectations for how individuals or families should experience movement on that scale with the amount of intervention provided. As an individual receives services from programming, they can move into a new service population category and continue through additional programming to support their evolving needs. The matrices below convey how service populations are expected to move from one self-sufficiency level to the next with program intervention. Expected Outcomes Based on Life Circumstance and Program Participation WVCS has four program components that individuals in each service population category will interact with depending on their needs: SERVICE POPULATIONS WVCS thinks about its clients in four categories based on their life circumstances to make determinations for what services to offer clients: 1.Homeless with significant financial and food needs 2.Unstably housed and financially vulnerable with significant food needs 3.Stable housing and finances with regular food needs 4.Self-sufficient in housing and finances with occasional food needs OUTCOMES Food Security Financial security Housing security WVCS expects clients to improve in one or more of those critical areas corresponding to the program components they receive and their ability to engage in WVCS supports. WVCS uses a self-sufficiency matrix that identifies four progressive levels of development (in crisis, vulnerable, stable, and self-sufficient) for three critical areas of a person or family’s life: VALUES Compassion: We respond to the needs of others with sensitivity and kindness. Dignity: We treat everyone with honor and respect. Integrity: We operate with honesty and strong moral principles. Service: We bring the community together to help others. Diversity: We value each individual’s uniqueness. Ingenuity: We approach our work with creativity and resourcefulness. Stable WVCS Theory of Change 17 IMPACT STORIES Patty and Mel are a married senior couple that resides at Fellowship Plaza in Saratoga. They live on a fixed income and are regular shoppers at the Park-It Market. While his wife was shopping, Mel expressed how thankful he and his wife are and how much of an impact our Park-It Market has had on their limited budget. Mel reflected on how expensive it is to live in the Bay Area and how much he enjoys our weekly visits to Fellowship Plaza, where he can see his numerous neighbors and the community. Mel and Patty have recognized the community and more positive environment our Park-It Market team and program have been bringing to Fellowship Plaza. Ray regularly visits the Park-It Market Moreland School District location. Early in 2023, Ray suffered an ankle injury, which limited his mobility and use of his bicycle. Ray donated his bicycle to a neighbor because he had difficulty carrying it upstairs as he typically did. Ray began riding public transit (VTA) to our Park-It Market and had difficulty carrying his groceries. As he was recuperating, he was encouraged to consider getting another bike but did not have the resources to do so. As he continued gaining strength in his leg, our Park-It Market team encouraged him to consider obtaining a new bike, providing potential resources in the community. We asked our staff at WVCS about resources available for Ray, and Liz Olmos provided us with resources for Ray to obtain a new bicycle at Good Karma Bikes. Ray has recently gone to Good Karma Bikes with a WVCS referral, where he was able to select his own brand new bicycle. “West valley community services as a whole have made a huge impact on our lives that words cannot even describe. I will forever be grateful and send people their way as they are all not only helpful but genuinely kind and care for others well being. Thank you so much for all you do” ( WVCS Client) 18 Pictures 19 Pictures West Valley College Location 20 Pictures Park-It Market -Fellowship Plaza and Rosemary Elementary School location 21 Pictures-Resource Fairs 22 Pictures-Back to School 23 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the May 1, 2024,City Council Regular Meeting and the May 6, 2024, City Council Special 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. ATTACHMENTS: Attachment A -Minutes for the May 1, 2024 City Council Regular Meeting Attachment B –Minutes for the May 6, 2024, City Council Special Meeting 24 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 1 of 9 MINUTES WEDNESDAY, MAY 1, 2024 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Study Session with the Planning Commission in the Linda Callon Conference Room. The Planning Commission introduced themselves and then presented its proposed FY 24/25 work plan. Mayor Zhao invited public comment. No one requested to speak. Mayor Zhao called the Regular Session to order at 7:00 p.m. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Belal Aftab, Council Members Kookie Fitzsimmons, 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 Ryan Hinchman, 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 April 25, 2024. REPORT FROM CLOSED SESSION Mayor Zhao stated the City Council held Closed Session Meetings on April 22, 2024, April 23, 2024, and April 29, 2024, with no reportable action from those meetings. REPORT FROM STUDY SESSION Mayor Zhao stated the City Council held a StudySession with the Planning Commission to discuss the Commission’s proposed FY 24/25 work plan, and Planning Commission Chair JoJo Choi provided a report of the City Council Study Session. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON ATTENDEES The following individuals spoke at this time: Betsy Landergren, Marilyn Basham, Tsing Bardin, and Charles F. Cummins, Jr., discussed the Saratoga Retirement Community expansion. 25 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 2 of 9 ANNOUNCEMENTS Mayor Zhao shared information about the Rotary Art Show, the Household Hazardous Waste Clean-up event, and the Memorial Day Observance at Blaney Plaza. CEREMONIAL ITEMS Proclamation Declaring May 2024 as National Preservation Month Recommended Action: Proclaim May 2024 as National Preservation Month The City Council proclaimed May 2024 as National Preservation Month. Proclamation Asian American, Native Hawaiian, and Pacific Islander Heritage Month Recommended Action: Declare May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month The City Council proclaimed May 2024 as Asian American, Native Hawaiian, and Pacific Islander Heritage Month. SPECIAL PRESENTATIONS United Way 211 presentation Recommended Action: Receive report from United Way Bay Area. The City Council received the report from United Way Bay Area. Catholic Charities presentation Recommended Action: Receive report from Catholic Charities. The City Council received the report from Catholic Charities regarding the Long-Term Care Ombudsman Program. 1.CONSENT CALENDAR Mayor Zhao invited public comment. No one requested to speak. Council Member Page requested Item 1.4 be removed for separate discussion. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the April 17, 2024, City Council Regular Meeting. 26 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 3 of 9 PAGE/WALIA MOVED TO APPROVE THE MINUTES FOR THE APRIL 17, 2024, CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.2. Accounts Payable Check Registers Recommended Action: Review and accept the 04/11/2024 and 04/18/2024 accounts payable vendor payment check registers. PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE 04/11/2024 AND 04/18/2024 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended March 31, 2024 Recommended Action: Review and accept the Treasurer’s Report for the month ended March 31, 2024. PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2024.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.4. Amend City Financial Policies Recommended Action: Review and approve updates to the City’s financial policies. PAGE/WALIA MOVED TO APPROVE UPDATES TO THE CITY’S FINANCIAL POLICIES, AS AMENDED, BY REMOVING REFERENCE TO THE CITY COUNCIL FINANCE COMMITTEE IN THE THIRD BULLET UNDER “INVESTMENTS” IN THE PROPOSED POLICIES.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. Animal Control Service Agreement with the City of San Jose Recommended Action: Authorize the City Manager to execute the agreement between the City of San Jose and the City of Saratoga for animal control services. PAGE/WALIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF SAN JOSE AND THE CITY OF SARATOGA FOR ANIMAL CONTROL SERVICES.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.6. Ordinance Amending Articles 7-05 (Discarded Material Disposal) and 17-10 (Mandatory Organic Waste Disposal Reduction) and Adopting Article 17-15 (Construction and Demolition Debris Diversion) of the Saratoga City Code. 27 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 4 of 9 Recommended Action: Adopt the ordinance amending Articles 7-05, (Discarded Material Disposal) and 17-10 (Mandatory Organic Waste Disposal Reduction), and adopting Article 17-15 (Construction and Demolition Debris Diversion) as required by the State of California. ORDINANCE 400 PAGE/WALIA MOVED TO ADOPT THE ORDINANCE AMENDING ARTICLES 7- 05, (DISCARDED MATERIAL DISPOSAL) AND 17-10 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) AND ADOPTING ARTICLE 17-15 (CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION) AS REQUIRED BY THE STATE OF CALIFORNIA.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.7. Community Emergency Response Team Argonaut Shed Emergency Preparedness Use Agreement Recommended Action: Approve Community Emergency Response Team (CERT) Argonaut Shed Emergency Preparedness Use Agreement with the Saratoga Union School District. PAGE/WALIA MOVED TO APPROVE THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) ARGONAUT SHED EMERGENCY PREPAREDNESS USE AGREEMENT WITH THE SARATOGA UNION SCHOOL DISTRICT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.8. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 2024-25 for Annexation of New Zone (Gardiner Park - Zone 42A) to the City of Saratoga Landscaping and Lighting Assessment District, LLA-1. Recommended Actions: 1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24- 25 for the annexation of New Zone (Gardiner Park – Zone 42A) into the Landscaping and Lighting Assessment District LLA-1. 2. Adopt the Resolution of Intention. RESOLUTION 24-020 RESOLUTION 24-021 PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 24-25 FOR THE ANNEXATION OF NEW ZONE (GARDINER PARK – ZONE 42A) INTO THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 28 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 5 of 9 1.9. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 2024-25 for Annexation of New Zone (Padero - Zone 47) to the City of Saratoga Landscaping and Lighting Assessment District, LLA-1. Recommended Actions: 1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24- 25 for the annexation of New Zone (Padero – Zone 47) into the Landscaping and Lighting Assessment District LLA-1. 2. Adopt the Resolution of Intention. RESOLUTION 24-022 RESOLUTION 24-023 PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 24-25 FOR THE ANNEXATION OF NEW ZONE (PADERO – ZONE 47) INTO THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.10. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 2024-25 for Annexation of New Zone (Glen Una - Zone 48) to the City of Saratoga Landscaping and Lighting Assessment District, LLA-1. Recommended Actions: 1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 2024-25 for the annexation of New Zone (Glen Una – Zone 48) into the Landscaping and Lighting Assessment District LLA-1. 2. Adopt the Resolution of Intention. RESOLUTION 24-024 RESOLUTION 24-025 PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 2024-25 FOR THE ANNEXATION OF NEW ZONE (GLEN UNA – ZONE 48) INTO THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.11. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 2024-25 Recommended Actions: 1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 2024-25 for renewing the Landscaping and Lighting Assessment District LLA-1. 2. Adopt the Resolution of Intention. 29 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 6 of 9 RESOLUTION 24-026 RESOLUTION 24-027 PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 2024-25 FOR RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.GENERAL BUSINESS 2.1. Fiscal Year 2024/25 Community Event Grant Program and Policy Update Recommended Actions: 1. Adopt a resolution amending the Community Event and Street Closure Grant Program Policy 2. Review Community Event Grant Program Competitive applications and provide staff with direction on competitive funding recipients and allocations for Fiscal Year 2024/25. 3. Approve event coverage through the City’s insurance program for Secured funding grantees Saratoga Village Development Council and the Fourth of July Celebration group Ramona McGary, Administrative Analyst, presented the staff report. Mayor Zhao invited public comment. No one requested to speak. RESOLUTION 24-028 WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION AMENDING THE COMMUNITY EVENT AND STREET CLOSURE GRANT PROGRAM POLICY, APPROVE THE COMPETITIVE FUNDING RECIPIENTS AND ALLOCATIONS FOR FISCAL YEAR 2024/25 AS PRESENTED, AND APPROVE EVENT COVERAGE THROUGH THE CITY’S INSURANCE PROGRAM FOR SECURED FUNDING GRANTEES SARATOGA VILLAGE DEVELOPMENT COUNCIL AND THE FOURTH OF JULY CELEBRATION GROUP.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.2. Contract with BKF Engineers in the amount of $255,555 for final design of Blue Hills Pedestrian Railroad Crossing Project at Union Pacific Railroad. Recommended Action: Authorize a contract with BKF Engineers in the amount of $255,555 for the Plans, Specifications, and Estimates to complete the final design of the Blue Hills Pedestrian Railroad Crossing Project at Fredericksburg Drive and the four railroad crossing mitigation sites citywide. Mainini Cabute, Environmental Program Manager, presented the staff report. 30 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 7 of 9 Mayor Zhao invited public comment. No one requested to speak. PAGE/AFTAB MOVED TO AUTHORIZE A CONTRACT WITH BKF ENGINEERS IN THE AMOUNT OF $255,555 FOR THE PLANS, SPECIFICATIONS, AND ESTIMATES TO COMPLETE THE FINAL DESIGN OF THE BLUE HILLS PEDESTRIAN RAILROAD CROSSING PROJECT AT FREDERICKSBURG DRIVE AND THE FOUR RAILROAD CROSSING MITIGATION SITES CITYWIDE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.3. Approve new roofing material for the Saratoga Library Recommended Action: Approve CertainTeed Presidential TL shingle for the Saratoga Library roof. Leslie Arroyo, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment. No one requested to speak. WALIA/PAGE MOVED TO APPROVE ‘CERTAINTEED PRESIDENTIAL TL’ SHINGLE FOR THE SARATOGA LIBRARY ROOF.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.4. Commission Recruitment Process Recommended Action: Discuss the current requirements and process regarding recruiting for Saratoga’s Commissions and provide direction to staff. Britt Avrit, City Clerk, presented the staff report. Mayor Zhao invited public comment. No one requested to speak. AFTAB MOVED TO MODIFY SARATOGA’S REQUIREMENT FOR ELIGIBILITY TO APPOINTMENT TO A SARATOGA COMMISSION TO ALLOW FOR EXCEPTIONAL CIRCUMSTANCES IN THE EVENT TWO THINGS HAPPEN, 1) THE CHAIR AND/OR STAFF REQUEST THE EXCEPTION AND 2), THE COUNCIL MUST HAVE THE ABILITY TO APPROVE AND EXPEDITE THE RECRUITMENT, INTERVIEW AND APPOINTMENT. Additional discussion took place. 31 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 8 of 9 AFTAB/WALIA MOVED TO INCLUDE IN THE ANNUAL CODE CLEAN UP AN AMENDMENT TO THE MUNICIPAL CODE TO REFLECT THAT APPLICANTS MUST HAVE ATTENDED AT LEAST ONE MEETING OF THE COMMISSION TO WHICH APPOINTMENT IS BEING SOUGHT UNLESS AN EXCEPTION HAS BEEN GRANTED BY THE CITY COUNCIL.MOTION PASSED BY THE FOLLOWING VOTE: AYES: PAGE, WALIA, AFTAB, ZHAO. NOES: FITZSIMMONS. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Direction was given to staff to bring an item to the City Council that will grant an exception to the requirement that an applicant must attend a commission meeting before being interviewed for the current Heritage Preservation Commission vacancy recruitment. Mayor Zhao requested a recess at this time. Mayor Zhao reconvened the meeting at 9:30 p.m. 2.5. Economic Development Discussion Recommended Action: Staff recommends the Council receive the report and provide direction. Bryan Swanson, Community Development Director, presented the staff report. Mayor Zhao invited public comment. The following individuals spoke at this time: Jacqueline Holmes, Paul Hernandez, Kelly Ciccone, Jason Mooberry, Clyde Zaya AFTAB/PAGE MOVED TO CREATE AN AD-HOC COMMITTEE MADE UP OF VICE MAYOR AFTAB AND COUNCIL MEMBER PAGE FOR THE PURPOSE OF STUDYING WAYS OF INCREASING ECONOMIC VITALITY IN SARATOGA’S COMMERCIAL AREAS AND REPORT BACK TO THE COUNCIL IN SIX MONTHS.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Council Member Kookie Fitzsimmons Hakone Foundation Board of Trustees – stated Hakone Gardens is doing well, and is very busy with private events. Council Member Tina Walia Nothing to report. Council Member Chuck Page West Valley Solid Waste Management Authority Board of Directors – stated the most recent meeting was rescheduled to May 2, 2024 due to the lack of a quorum. 32 Saratoga City Council Minutes ~ May 1, 2024 ~ Page 9 of 9 Vice Mayor Belal Aftab Saratoga Historical Foundation Board of Directors –stated the Historical Foundation will be holding an Open House on May 18, 2024, the Foundation is looking for volunteers for the Blossom Festival, and a lecture will be held at the Foothill Club on the Covered Wagon Migration. Mayor Yan Zhao West Valley Sanitation District Board of Directors – stated the Board held a Closed Session with no reportable action. Santa Clara County Library District Board of Directors – stated the Board approved a cash donation to the Saratoga Library and considered the FY 24/25 preliminary budget. West Valley Mayors and City Managers Association – stated Seth Miller from the League of CA Cities presented upcoming bills the legislature will consider. CITY COUNCIL ITEMS Page/Fitzsimmons requested discussion of renaming the Council Finance Committee to Council Finance Advisory Committee. COUNCIL COMMUNICATIONS None. CITY MANAGER'S REPORT None. CITY ATTORNEY'S REPORT None. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES No one requested to speak. ADJOURNMENT Mayor Zhao adjourned the meeting at 10:25 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 33 Saratoga City Council Minutes ~ May 6, 2024 ~ Page 1 of 1 MINUTES MONDAY, MAY 6, 2024 SARATOGA CITY COUNCIL SPECIAL MEETING Mayor Zhao called the Special Meeting to order at 6:00 p.m. PRESENT: Mayor Yan Zhao, Vice Mayor Belal Aftab, Council Members Kookie Fitzsimmons, Chuck Page, Tina Walia ABSENT:None ALSO PRESENT:Britt Avrit, City Clerk YOUTH COMMISSION INTERVIEWS The City Council conducted interviews of Youth Commission Applicants taking breaks throughout the evening. PAGE/WALIA MOVED TO APPOINT AYMAN ARIBI, ZARA FUGMAN, PREKSHA JAIN, ANASTASIA MIIN, JENNY SUH AND CHRISTOPHER XIA TO FULL 2- YEAR TERMS ON THE YOUTH COMMISSION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. ADJOURNMENT Mayor Zhao adjourned the meeting at 9:22 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 34 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:Administrative Services PREPARED BY:Vivian Lu, Accounting Technician SUBJECT:Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept the 04/25/2024 and 05/02/2024 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 04/25/2024 Attachment B -Check Register Reports Dated 05/02/2024 REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 04/25/2024 149624 149669 46 474,294.84 04/25/2024 04/18/2024 149623 05/02/2024 149670 149717 48 384,101.62 05/02/2024 04/25/2024 149669 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 04/25/2024 149625 4Leaf Inc General Fund CDD March 2024 Plan Review 38,043.10 04/25/2024 149633 City of San Jose General Fund ASD April-June 2024 Animal Services 58,989.57 04/25/2024 149636 Dinsmore Landscape Company Various Funds Various April 2024 Landscape Services 33,894.18 04/25/2024 149638 Fehr & Peers Various Funds PW September 2023-February 2024 Traffic Safety 69,630.46 04/25/2024 149640 Hieu Van Tran General Fund CDD Deposit Refund ARB16-0003 84,398.42 04/25/2024 149651 O'Grady Paving Inc CIP Street Projects Fund PW Mendelsohn Lane Speed Tables 34,500.00 05/02/2024 149670 AECOM Technical Services General Fund CDD February-March 2024 Family Vineyards Expansion 65,298.87 05/02/2024 149673 City of Campbell General Fund PW Q4 FY2023-2024 Waste Management 61,755.38 05/02/2024 149682 Duran & Venables Inc CIP Street Projects Fund PW Sarahills Pavement & Asphalt Repairs 44,240.00 05/02/2024 149696 Mullins Construction Inc Park In-Lieu Fees Fund PW Quarry Park Shop Repairs Project 23,850.00 05/02/2024 149707 Sandis Civil Engineers Surveyors ARPA/SLFRF Fund PW March 2024 Village Parking Improvement 38,314.33 05/02/2024 149716 Villalobos & Associates CIP Street Projects Fund PW 4th Street Pipe Drain Improvement 21,450.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 07/06/2023 147787 Atif Sarwari Lost/Never received 130.00 09/07/2023 148201 Anthem Group Lost/Never received 939.16 09/07/2023 148218 Sally Doelling Lost/Never received 20.00 04/11/2024 149526 Clearwater Hydrology Lost/Vendor requested to resissue 13,610.00 Ending Check # Starting Check #Type of Checks Date Prior Check Register Checks ReleasedTotal Checks Amount Accounts Payable Accounts Payable Fund Purpose StatusReason Issued to Issued to Voided Voided Voided Reissued 35 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:16:58 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 316,181.26 233 SARAHILLS LIGHTING DIST 265.66 241 ARROYO DE SARATOGA LNDSCP 159.13 242 BONNET WAY LANDSCAPE 212.16 243 CARNELIAN GLEN LANDSCAPE 212.16 244 CUNNINGHAM/GLASGOW LND 60.81 245 FREDERICKSBURG LANDSCAPE 159.13 246 GREENBRIAR LANDSCAPE 106.09 247 KERWIN RANCH LANDSCAPE 848.68 248 LEUTAR COURT LANDSCAPE 159.13 249 MANOR DRIVE LANDSCAPE 159.13 251 MCCARTYSVILLE LANDSCAPE 228.74 252 PRIDES CROSSING LANDSCAPE 241.47 253 SARATOGA LEGEND LANDSCAPE 265.21 254 SUNLAND PARK LANDSCAPE 848.68 255 TRICIA WOODS LANDSCAPE 159.13 256 ALLENDALE LANDSCAPE 106.09 257 COVINA LANDSCAPING DIST 318.26 271 BEUACHAMPS L&L 394.00 272 BELLGROVE L&L 3,844.36 273 GATEWAY L&L 212.16 274 HORSESHOE DRIVE L&L 166.85 276 TOLLGATE L&L 38.27 278 WESTBROOK L&L 159.13 279 BROOKVIEW L&L 212.17 292 PARAMOUNT COURT SWD 318.26 411 CIP STREET PROJECTS FUND 102,410.49 413 CIP FACILITY PROJECT FUND 9,932.19 414 CIP ADMIN PROJECTS FUND 5,511.12 435 ARPA/SLFRF FUND 10,037.00 612 WORKERS COMP FUND 82.00 621 OFFICE SUPPORT 453.50 622 IT SERVICES 978.00 623 VEHICLE & EQUIPMENT MAINT 5,033.66 624 BUILDING MAINTENANCE 13,820.76 TOTAL REPORT 474,294.84 36 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:15:49 CHECK REGISTER ACCOUNTING PERIOD: 10/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149624 1422 4LEAF INC. VOID: MULTI STUB CHECK 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-0084/85 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-0505 1,033.98 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0288 1,408.64 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0218 3,679.06 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-2466/67 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0495/96 3,500.36 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0453 891.20 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0491 5,745.15 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0459 1,020.56 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0512 2,306.07 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-1565 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0461/62 8,008.34 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-2678 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-0425 543.75 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0533 3,612.55 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-2784/85 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0053 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-1406/07 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0172 1,926.08 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#23-0061 520.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#22-2481 320.00 149625 11111 04/25/24 1422 4LEAF INC. 44491 PLAN CHK#24-0364 1,287.36 TOTAL CHECK 38,043.10 149626 11111 04/25/24 234 A T & T 63211 MONTHLY RECUR CHARGES 155.55 149626 11111 04/25/24 234 A T & T 63211 PROSPECT CENTER 271.03 149626 11111 04/25/24 234 A T & T 63211 BLANEY IRRIGATION 56.63 149626 11111 04/25/24 234 A T & T 63211 PRSPCT CTR EMER ALARM 329.53 149626 11111 04/25/24 234 A T & T 63211 CRP YRD EMER POTS LNS 58.62 149626 11111 04/25/24 234 A T & T 63211 ALARM SYS CIVIC THTR 280.42 149626 11111 04/25/24 234 A T & T 63211 SENIOR CENTER ALARMS 59.20 149626 11111 04/25/24 234 A T & T 63211 ELEC PANEL CVC THTR 29.35 149626 11111 04/25/24 234 A T & T 63211 PHONE LNS PARKS/LIB 29.87 149626 11111 04/25/24 234 A T & T 63211 EMER POTS LINE 29.35 149626 11111 04/25/24 234 A T & T 63211 EMER POTS LN CDD LBBY 29.53 149626 11111 04/25/24 234 A T & T 63211 EMER POTS LV VM 34.49 149626 11111 04/25/24 234 A T & T 63211 AM 1610 RADIO 29.35 149626 11111 04/25/24 234 A T & T 63211 BOOK GO ROUND ALARM 57.38 149626 11111 04/25/24 234 A T & T 63211 CSP HVB FOR IRR 58.18 TOTAL CHECK 1,508.48 149627 11111 04/25/24 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 114.58 149627 11111 04/25/24 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 49.11 149627 11111 04/25/24 35 ACCENT GRAPHICS 64121 OFFICE SUPPLIES 453.50 TOTAL CHECK 617.19 149628 11111 04/25/24 1786 BELAL AFTAB 66212 THE BAY'S FUTURE RMB 38.00 149629 11111 04/25/24 500 BENJAMIN LYON 22113 DEP BD REF ARB15-0010 12,300.00 149629 11111 04/25/24 500 BENJAMIN LYON 22111 DEP REF ARB15-0010 269.33 TOTAL CHECK 12,569.33 149630 11111 04/25/24 500 BETTER EARTH ELECTRIC INC 43471 DEP REF 23-1730 204.33 149630 11111 04/25/24 500 BETTER EARTH ELECTRIC INC 41412 DEP REF 23-1730 30.65 37 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:15:49 CHECK REGISTER ACCOUNTING PERIOD: 10/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149630 11111 04/25/24 500 BETTER EARTH ELECTRIC INC 43117 DEP REF 23-1730 16.55 TOTAL CHECK 251.53 149631 11111 04/25/24 247 CA DEPARTMENT OF CONSERVA 43476 23/24 Q3 COM SMIP FEE 406.33 149631 11111 04/25/24 247 CA DEPARTMENT OF CONSERVA 43477 23/24 Q3 RES SMIP FEE 3,745.05 TOTAL CHECK 4,151.38 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61111 GH102-603396 Q3/FY24 25.08 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 68657 GH102-603396 Q3/FY24 -1.46 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61341 GH102-603396 Q3/FY24 -1.26 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61165 GH102-603396 Q3/FY24 -1.09 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 64552 GH102-603396 Q3/FY24 - .02 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61211 GH102-603396 Q3/FY24 - .01 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61212 GH102-603396 Q3/FY24 .01 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61113 GH102-603396 Q3/FY24 .01 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61111 GH102-603396 Q3/FY24 .01 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61331 GH102-603396 Q3/FY24 .01 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61313 GH102-603396 Q3/FY24 .04 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 61133 GH102-603396 Q3/FY24 1.35 149632 11111 04/25/24 587 CALIFORNIA DEPT. TAX AND 64557 GH102-603396 Q3/FY24 71.33 TOTAL CHECK 94.00 149633 11111 04/25/24 517 CITY OF SAN JOSE 64821 APR-JUN24 ANIMAL SRVC 58,989.57 149634 11111 04/25/24 1 DEPT OF ENVIRONMENTAL HEA 62143 SCC HAZ WASTE FY2024 4,420.00 149635 1717 DINSMORE LANDSCAPE COMPAN VOID: MULTI STUB CHECK 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64543 APR MEDIAN LOCATIONS 8,009.42 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR ALLNDALE/HARLEIGH 106.09 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR AROYO DE SARA 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR BEAUCHAMPS 424.34 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR BONNET WAY 212.16 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR BROOKVIEW/BRKGLEN 212.17 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR CARNELIAN GLEN 212.16 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR COVINA 318.26 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR CUNNINGHM/GLASCOW 106.09 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR FREDRICKSBURG 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR GATEWAY 212.16 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR GREENBRIAR 106.09 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR HORSESHOE DRIVE 212.16 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR KERWIN RANCH 848.68 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR LEUTAR COURT 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR MANOR DRIVE 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR MCCARTYSVILLE 318.26 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR PARAMOUNT 318.26 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR PRIDES CROSSING 318.26 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR SARATOGA LEGENDS 265.21 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR SUNLAND PARK 848.68 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR TOLLGATE 53.04 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR TRICIA WOODS 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR WESTBROOK 159.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64557 APR PARKS LANDSCAPE 212.17 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64542 APR PARKS LANDSCAPE 1,273.02 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64548 APR PARKS LANDSCAPE 3,394.72 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64541 APR PARKS LANDSCAPE 7,532.04 38 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:15:49 CHECK REGISTER ACCOUNTING PERIOD: 10/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64221 APR DOWNTOWN LNDSCAPE 2,652.13 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64547 APR BELLGROVE LNDSCAP 3,182.55 149636 11111 04/25/24 1717 DINSMORE LANDSCAPE COMPAN 64555 APR TRAILS LANDSCAPE 1,591.28 TOTAL CHECK 33,894.18 149637 11111 04/25/24 355 DURAN & VENABLES, INC. 81161 GUAVA CT IMPROVEMENT 10,037.00 149638 11111 04/25/24 423 FEHR & PEERS 81161 TRAFFIC SAFETY CIP 14,069.77 149638 11111 04/25/24 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMM. 3,513.27 149638 11111 04/25/24 423 FEHR & PEERS 81141 GENERAL PLAN 1,000.22 149638 11111 04/25/24 423 FEHR & PEERS 81161 TRAFFIC SAFETY CIP 10,725.75 149638 11111 04/25/24 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMM. 8,161.13 149638 11111 04/25/24 423 FEHR & PEERS 64831 EVACUATION PLAN 645.75 149638 11111 04/25/24 423 FEHR & PEERS 81141 GENERAL PLAN 236.25 149638 11111 04/25/24 423 FEHR & PEERS 81161 TRAFFIC SAFETY CIP 7,961.08 149638 11111 04/25/24 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMM. 506.48 149638 11111 04/25/24 423 FEHR & PEERS 64831 EVACUATION PLAN 1,274.94 149638 11111 04/25/24 423 FEHR & PEERS 81141 GENERAL PLAN 436.62 149638 11111 04/25/24 423 FEHR & PEERS 81161 TRAFFIC SAFETY CIP 4,665.74 149638 11111 04/25/24 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMM. 7,603.21 149638 11111 04/25/24 423 FEHR & PEERS 64831 EVACUATION/SAFETY 4,277.06 149638 11111 04/25/24 423 FEHR & PEERS 65511 TRAFFIC SAFETY COMM. 4,199.34 149638 11111 04/25/24 423 FEHR & PEERS 81141 GENERAL PLAN 353.85 TOTAL CHECK 69,630.46 149639 11111 04/25/24 1832 GVP VENTURES, INC(BOB MUR 62411 RECRUITMENT SVCS 10,122.69 149640 11111 04/25/24 500 HIEU VAN TRAN 22113 DEP BD REF ARB16-0003 85,510.23 149640 11111 04/25/24 500 HIEU VAN TRAN 22111 DEP REF ARB16-0003 -1,111.81 TOTAL CHECK 84,398.42 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61342 COLORED MULCH 18.21 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 HAMMER TRACKER/STAPLE 77.28 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 81.59 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 173.23 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61342 PLANTS 23.42 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 TRASH CANS 214.19 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 CONCRETE PATCH/TAMPER 75.36 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61342 COLORED MULCH 36.42 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 FLOOD HEADLAMP/GLOVES 101.07 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 DIP CUT WORK GLOVES 35.38 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 GLOVES/SCRAPER/GLASS 35.73 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 95.04 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 318.94 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 ROAD MAINT SUPPLIES 84.31 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 PARKS MAINT SUPPLIES 89.91 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61342 MULCH/PLANTS 55.89 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 163.42 149641 11111 04/25/24 488 HOME DEPOT CREDIT SERVICE 61331 GRINDING STONE/GLASS 143.19 TOTAL CHECK 1,822.58 149642 11111 04/25/24 63 INTERSTATE TRAFFIC CONTRO 81121 INLET STRAINER/FILTER 225.53 149643 11111 04/25/24 500 JIGISH SHAH 22113 DEP REF ATFTR21-0007 3,400.00 149644 11111 04/25/24 123 KELEX SECURITY 64513 SENIOR CTR ALARM RPR 765.00 39 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:15:49 CHECK REGISTER ACCOUNTING PERIOD: 10/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149645 11111 04/25/24 500 LI YIRAN 22111 DEP REF GEO23-0013 1,616.81 149646 11111 04/25/24 1546 LYNX TECHNOLOGIES, INC. 64341 MAR GIS SUPPORT 2,100.00 149646 11111 04/25/24 1546 LYNX TECHNOLOGIES, INC. 64341 MAR GIS SUPPORT 2,100.00 TOTAL CHECK 4,200.00 149647 11111 04/25/24 1572 NBBM SERVICES, INC 64551 APR WKND PK RESTROOM 4,239.83 149648 11111 04/25/24 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,680.00 149649 11111 04/25/24 1324 READYREFRESH 62614 DRINKING WATER SVC 140.84 149650 11111 04/25/24 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 70.61 149650 11111 04/25/24 1745 ODP BUSINESS SOLUTIONS, L 61166 PC MTG EXP-SNACKS 24.95 149650 11111 04/25/24 1745 ODP BUSINESS SOLUTIONS, L 61166 PC MTG EXP-SNACKS 63.38 149650 11111 04/25/24 1745 ODP BUSINESS SOLUTIONS, L 61117 OFFICE CHAIR 228.19 TOTAL CHECK 387.13 149651 11111 04/25/24 777 O'GRADY PAVING, INC. 81161 MENDELSOHN LN SPEED 34,500.00 149652 11111 04/25/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 SARATOGA AVE TREE RMV 575.00 149652 11111 04/25/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 LA PALOMA AVE TREE 4,425.00 TOTAL CHECK 5,000.00 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS -30.34 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 661.81 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 10,955.30 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW -45.28 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 HORSESHOE DR LNDSCAP -45.31 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE -89.52 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 428.83 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING -76.79 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 265.66 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE -14.77 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS -517.04 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 1,164.82 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 5,511.57 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 298.56 149653 11111 04/25/24 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 809.19 TOTAL CHECK 19,276.69 149654 11111 04/25/24 1356 PETERSON POWER SYSTEMS, I 64611 BATTERIES 465.13 149655 11111 04/25/24 1663 SAN JOSE MAILING 64121 POSTCARDS/MAILING 4,712.50 149656 11111 04/25/24 1039 SANCHEZ ELECTRIC, INC. 81161 AIR EMISSIONS PERMIT 4,939.56 149656 11111 04/25/24 1039 SANCHEZ ELECTRIC, INC. 81161 GENERATOR INSTALL 4,992.63 TOTAL CHECK 9,932.19 149657 11111 04/25/24 109 SARATOGA FOOTHILL CLUB 66131 RECOG. EVENT MGMT 300.00 149658 11111 04/25/24 69 SASCC 68112 FY24 Q3 SUPPORT GRANT 11,503.75 149659 11111 04/25/24 69 SASCC 68113 FY24 Q3 ADULT DAYCARE 6,222.75 40 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 04/25/2024 CITY OF SARATOGA VENCHK11 TIME: 12:15:49 CHECK REGISTER ACCOUNTING PERIOD: 10/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149660 11111 04/25/24 136 SCOTTY'S AUTOMOTIVE 64611 VEH MAINT-FORD FUSION 148.53 149661 11111 04/25/24 1394 ST. FRANCIS ELECTRIC, LLC 81161 HWY 9/OAK ST LIGHTED 4,750.00 149662 11111 04/25/24 256 STEVENS CREEK QUARRY INC 81121 WASHED SAND 543.05 149663 11111 04/25/24 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00 149664 11111 04/25/24 1660 TRAFFICWARE GROUP, INC. 81121 TS CONTROLLERS 8,184.38 149664 11111 04/25/24 1660 TRAFFICWARE GROUP, INC. 81121 TS CONTROLLERS 601.19 149664 11111 04/25/24 1660 TRAFFICWARE GROUP, INC. 81121 TS CONTROLLERS 3,491.00 TOTAL CHECK 12,276.57 149665 11111 04/25/24 1707 URBAN PLANNING PARTNERS, 81141 FEB SAFETY ELEMENT 3,467.63 149666 11111 04/25/24 1524 VILLALOBOS & ASSOCIATES 81161 MERRIBROOK DRIVE RPR 1,968.00 149667 11111 04/25/24 1524 VILLALOBOS & ASSOCIATES 81161 6TH ST REPAIRS 10,725.00 149668 11111 04/25/24 1571 WORKTERRA 64163 APR FLEX ADM FEES 200.00 149669 11111 04/25/24 696 ZAG TECHNICAL SERVICES, I 64312 IT CLOUD SERVICES 978.00 TOTAL FUND 474,294.84 TOTAL REPORT 474,294.84 41 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 05/02/2024 CITY OF SARATOGA VENCHK11 TIME: 12:33:22 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 11/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 166,966.25 273 GATEWAY L&L 975.00 276 TOLLGATE L&L 950.00 411 CIP STREET PROJECTS FUND 77,312.52 412 CIP PARKS PROJECT FUND 31,997.00 413 CIP FACILITY PROJECT FUND 65.31 422 PARK IN-LIEU FEES FUND 23,850.00 431 CIP GRANT - STREET REPAIR 12,048.94 434 CIP GRANT - ADMINISTRATN 16,568.33 435 ARPA/SLFRF FUND 38,314.33 612 WORKERS COMP FUND 44.37 621 OFFICE SUPPORT 849.11 622 IT SERVICES 1,414.25 623 VEHICLE & EQUIPMENT MAINT 6,724.66 624 BUILDING MAINTENANCE 2,380.30 632 IT EQUIPMENT REPLACEMENT 651.42 713 WVCWP AGENCY FUND 2,989.83 TOTAL REPORT 384,101.62 42 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 05/02/2024 CITY OF SARATOGA VENCHK11 TIME: 12:32:19 CHECK REGISTER ACCOUNTING PERIOD: 11/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149670 11111 05/02/24 1692 AECOM TECHNICAL SERVICES 22119 ENV21-0011 HSE VINERY 65,298.87 149671 11111 05/02/24 130 CDW GOVERNMENT 61276 BATTERIES 651.42 149672 11111 05/02/24 188 CITY OF CAMPBELL 62624 WVCWP 23/24 MAY LEASE 2,085.75 149673 11111 05/02/24 188 CITY OF CAMPBELL 62235 Q4 FY23/24 WASTE MGMT 61,755.38 149674 11111 05/02/24 1846 CITY RISE, LLC 81161 PROSPECT TRAFFIC CTRL 1,997.00 149675 11111 05/02/24 1784 CLEARWATER HYDROLOGY 81141 4TH ST BRIDGE PROJECT 1,274.31 149675 11111 05/02/24 1784 CLEARWATER HYDROLOGY 81141 4TH ST BRIDGE PROJECT 9,835.69 149675 11111 05/02/24 1784 CLEARWATER HYDROLOGY 81141 4TH ST BRIDGE PROJECT 286.75 149675 11111 05/02/24 1784 CLEARWATER HYDROLOGY 81141 4TH ST BRIDGE PROJECT 2,213.25 TOTAL CHECK 13,610.00 149676 11111 05/02/24 1357 COMCAST 63213 COMCAST (PROSPECT) 108.22 149677 11111 05/02/24 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67 149678 11111 05/02/24 991 COMCAST 63213 COMCAST (TV) 47.92 149679 11111 05/02/24 1369 COMCAST CORPORATION 63213 COMCAST (P2P) 696.44 149680 11111 05/02/24 342 DATA TICKET INC 62481 MAR 2024 CITATION 110.04 149681 11111 05/02/24 573 STATE OF CALIFORNIA 64533 JAN-MAR SIG & LIGHTS 2,337.47 149682 11111 05/02/24 355 DURAN & VENABLES, INC. 81161 SARAHILLS PAVEMENT 44,240.00 149683 11111 05/02/24 1308 EDGES ELECTRICAL GROUP LL 61341 CSP REPAIR SPPLS 121.76 149684 11111 05/02/24 378 EKIM PAINTING - NORTH, IN 81161 PIERCE RD PAINTING 1,900.00 149684 11111 05/02/24 378 EKIM PAINTING - NORTH, IN 64549 SARA SNNYVLE PAINTING 975.00 149684 11111 05/02/24 378 EKIM PAINTING - NORTH, IN 64549 TOLLGATE PAINTING 950.00 TOTAL CHECK 3,825.00 149685 11111 05/02/24 500 ERIK SWASON 68536 MLK EVENT RMB 850.00 149686 11111 05/02/24 421 EWING IRRIGATION 61341 EL QUITO PK RPR SPPLS 300.64 149687 11111 05/02/24 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ULS23-0003 155.00 149687 11111 05/02/24 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ULS22-0015 310.00 TOTAL CHECK 465.00 149688 11111 05/02/24 463 GRAINGER 61341 FILTER CARTRIDGE 136.23 149689 11111 05/02/24 14 HYDROTEC IRRIGATION EQUIP 64549 WILDWOOD BACKFLOW 619.33 149689 11111 05/02/24 14 HYDROTEC IRRIGATION EQUIP 64549 LAWRENCE VALVE COIL 243.08 TOTAL CHECK 862.41 149690 11111 05/02/24 500 IVAN BURGOS 22111 DEP REF 04-133 512.02 149691 11111 05/02/24 500 JUDITH E PINCUS 81161 THEATER ROOM KEYS RMB 65.31 149692 11111 05/02/24 647 MAGGIORA BROTHERS DRILLIN 64549 AZULE PK FAN RPLC 1,157.61 43 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 05/02/2024 CITY OF SARATOGA VENCHK11 TIME: 12:32:19 CHECK REGISTER ACCOUNTING PERIOD: 11/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 149693 11111 05/02/24 1750 MARIO TOPETE TREE CARE, I 64581 COX AVE PINE TREE RMV 450.00 149694 11111 05/02/24 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00 149695 11111 05/02/24 1792 MULLINS CONSTRUCTION INC 81161 WHH GAZEBO RENOVATION 15,500.00 149696 11111 05/02/24 1792 MULLINS CONSTRUCTION INC 81161 QUARRY PK SHOP PROJ 23,850.00 149697 11111 05/02/24 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,596.00 149698 11111 05/02/24 1062 NI GOVERNMENT SERVICES, I 63211 03/24 AIRTIME 90.14 149699 11111 05/02/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 BAYLOR AVE TREE RMV 1,750.00 149699 11111 05/02/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 HILL AVE TREE RMV 1,450.00 TOTAL CHECK 3,200.00 149700 11111 05/02/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 VILLE VISTA DR TREE 17,950.00 149701 11111 05/02/24 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 69.30 149702 11111 05/02/24 1092 PALACE ART & OFFICE SUPPL 61111 FIRST AID SUPPLIES 44.37 149703 11111 05/02/24 1356 PETERSON POWER SYSTEMS, I 64519 GENERATOR INSPECTION 715.00 149704 11111 05/02/24 1623 PIA LUSK 66212 WVCWP GSM CONF RMB 904.08 149705 11111 05/02/24 1338 ROBERT CHAVEZ FENCING 81161 QUITO PK FENCE PROJ 14,500.00 149706 11111 05/02/24 1663 SAN JOSE MAILING 64121 POSTCARDS/MAILING 4,899.62 149707 11111 05/02/24 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 38,314.33 149708 11111 05/02/24 160 SIERRA PACIFIC TURF SUPPL 61341 PARK GRASS SEEDS 837.13 149708 11111 05/02/24 160 SIERRA PACIFIC TURF SUPPL 61341 PARK SUPPLIES 2,583.13 TOTAL CHECK 3,420.26 149709 11111 05/02/24 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 6,724.66 149710 11111 05/02/24 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00 149711 11111 05/02/24 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 172.27 149712 11111 05/02/24 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER LEASE - APR 849.11 149713 11111 05/02/24 1660 TRAFFICWARE GROUP, INC. 81121 TS CONTROLLERS 8,161.46 149714 11111 05/02/24 1468 UNITED WAY BAY AREA 68341 HLTH/HM SRV GRT 23/24 2,000.00 149715 11111 05/02/24 1707 URBAN PLANNING PARTNERS, 81141 MAR HOUSING ELEMENT 16,568.33 149716 11111 05/02/24 1524 VILLALOBOS & ASSOCIATES 81161 4TH ST PIPE DRAIN IMP 19,500.00 149716 11111 05/02/24 1524 VILLALOBOS & ASSOCIATES 81161 4TH ST PIPE DRAIN IMP 1,950.00 TOTAL CHECK 21,450.00 149717 11111 05/02/24 432 WEST VALLEY COLLECTIONS 64532 APR 2024 CSP BINS 566.53 44 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 05/02/2024 CITY OF SARATOGA VENCHK11 TIME: 12:32:19 CHECK REGISTER ACCOUNTING PERIOD: 11/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT TOTAL FUND 384,101.62 TOTAL REPORT 384,101.62 45 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Resolution Temporarily Suspending Certain Requirement for Heritage Preservation Commission Applicants RECOMMENDED ACTION: Adopt the Resolution temporarily suspending the requirement for Historic Preservation Commission Applicants to attend a Commission meeting prior to being interviewed by the City Council. BACKGROUND: At the May 1, 2024, City Council meeting the City Council directed staff to bring a Resolution forward that will temporarily suspend the requirement that applicants for the Heritage Preservation Commission attend a meeting before being interviewed by the City Council. This is due to unusual circumstances concerning the Commission’s meeting schedule which have made compliance with this requirement infeasible at this time. The attached Resolution suspends the requirement for 45 days and directs the City Clerk to schedule interviews for the vacancy on the Heritage Preservation Commission for June 19, 2024. ATTACHMENT: Attachment A –Resolution Temporarily Suspending Requirement for HPC Applicants 1777836.1 46 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TEMPORARILY SUSPENDING A CERTAIN REQUIREMENT FOR HISTORIC PRESERVATION COMMISSION APPLICANTS The City Council of the City of Saratoga resolves as follows: SECTION 1:Due to unusual circumstances concerning the Historic Preservation Commission’s meeting schedule, it is not feasible for applicants wishing to serve on the Commission to comply with the requirement that applicants for the Historic Preservation Commission must attend a Commission meeting prior to being interviewed. SECTION 2:Therefore, the requirement that applicants for the Historic Preservation Commission must attend a Commission meeting prior to being interviewed is hereby temporarily suspended for 45 days and the City Clerk is directed to schedule interviews for the vacant position on June 19, 2024. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15 th day of May 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor City of Saratoga ATTEST: ____ Britt Avrit, City Clerk City of Saratoga 1777835.1 47 SARATOGA CITY COUNCIL MEETING DATE:May 15,2024 DEPARTMENT:Administrative Services PREPARED BY:Julie Ingraham, Accounting Technician SUBJECT:Authorization to Write Off Bad Debt RECOMMENDED ACTION: Authorize write off bad debt totaling $8,563.92 as of March 31, 2024. BACKGROUND: Over the last several years, the Finance Department has made multiple attempts to contact the customer regarding the outstanding invoices but has not received any response.It is determined that it is unlikely that we will be able to collect these receivables in the future, and therefore are requesting authorization to write them off. The table below provides summary information on the outstanding invoices. OUTSTANDING PUBLIC WORKS INVOICES NAME INVOICE DATE INVOICE NUMBER CURRENT AMOUNT DUE MASTEC 4/24/2020 PWM1000001 5,306.92 MASTEC 9/28/2020 IC00000002 3,257.00 TOTAL BALANCE DUE=8,563.92 48 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Reject All Bids for FY23/24 Pavement Management Program Project RECOMMENDED ACTION: Reject all bids for the FY23/24 Pavement Management Program Project and authorize staff to re-bid the project at a later date with a reduced project scope. BACKGROUND: Sealed bids for the FY23/24 Pavement Management Program (PMP) were opened on Tuesday, April 30, 2024.The City received six bids, all bids exceeded the City’s engineering estimate of $2.95 million for the scope of work.The engineering estimate is generally based on the most recent pavement project. The bid items that differed the most in cost from the engineering estimate were mobilization and traffic control, repair failed street sections, and striping. The following table summarizes the base bid amounts. Company Total Base Bid O’Grady Paving $3,105,401.30 G. Bortolotto & Co.$3,304,208.82 Interstate Grading & Paving $3,412,685.55 Radius Earthwork $3,598,086.55 Joseph J. Albanese $3,747,908.00 Teichert Construction $3,775,483.00 It is therefore recommended that the Council reject all bids for the FY23/24 PMP and authorize staff to rebid the project with a reduced scope. 49 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:Public Works PREPARED BY:Bridget Cash, Administrative Analyst SUBJECT:AB 939 and Household Hazardous Waste Agreements with Santa Clara County RECOMMENDED ACTION: 1.Authorize the City Manager to sign the Agreement for Countywide Assembly Bill 939 Implementation Fee and Santa Clara County Household Hazardous Waste Collection Program Agreement 2.Approve $76,767 Household Hazardous Waste additional service augmentation fee for Fiscal Year 2024/25. BACKGROUND: Enacted in 1989, the Integrated Waste Management Act (AB 939) requires local governments to prepare, adopt, implement, and maintain plans to reduce waste disposal in landfills. The law requires that integrated waste management plans include provisions for the proper disposal of household hazardous waste. Household hazardous waste includes materials such as pesticides, paints, pool cleaning chemicals, fluorescent lamps, and other materials that are prohibited from being disposed of in landfills. The law also allows jurisdictions to impose fees collected at landfills to pay for the costs associated with preparing, adopting, and implementing integrated waste management plans. Since 1992, the cities in Santa Clara County have contracted with the County to collect and distribute the AB 939 fee collected at landfills,and non-disposal facilities. In Santa Clara County, the AB 939 fee is set at $4.10 per ton of garbage disposed of at landfills and transfer stations within the County. Of the $4.10 per ton of waste, $1.50 per ton is distributed among the cities in Santa Clara County to implement AB 939 compliance activities. The City receives roughly $45,000 to $55,000 in AB 939 fees each year. This revenue source is accounted for in the Environmental Service program in the General Fund. The remaining AB939 fee of $2.60 per ton is set aside to fund the countywide Household Hazardous Waste (HHW) Collection Program. This amount is paid directly to Santa Clara County and is intended to provide HHW collection services for a minimum of 4% of households from each of the jurisdictions in the County. In Saratoga, there are a total of 11,353 households 50 and 4% accounts for roughly 454 households. The County conservatively estimates that approximately 932 Saratoga households, approximately 9%, will take advantage of the program in the next fiscal year, based on historic usage of HHW services by Saratoga residents. Paying this augmentation will enable the City to provide HHW services to these households in the next fiscal year. If actual usage of HHW services by Saratoga residents is higher or less than expected, the City will be billed or refunded accordingly after the close of the fiscal year. However, due to the conservative calculation of anticipated participants, any revisions to the budget are unlikely to exceed the estimated augmentation amount. In fiscal year 2023 and 2024, the City paid $45,244 and $55,251 respectively to augment HHW services above the 4% baseline. See the table below for a summary of costs to provide HHW services for Saratoga residents in 2025. Although the HHW Agreement will be valid until June 30, 2027, participating cities must amend the HHW agreement annually to authorize augmentation levels each fiscal year. ATTACHMENTS: Attachment A – Agreement for Countywide AB939 Implementation Fee Attachment B – Agreement for Countywide Household Hazardous Waste Collection Program Saratoga HHW Program Costs County’s estimate for contracted 4% household participation $91,750 County’s estimate for additional Saratoga households that will use HHW in FY2024 $31,550 Total anticipated costs for Saratoga $123,300 Anticipated AB939 HHW Fees to be collected ($46,533) Saratoga augmentation amount for FY2025 $76,767 51 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 1 of 16 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements; WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law; WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and 52 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 2 of 16 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement. NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non- Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division. COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. 53 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 3 of 16 / / 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D. 54 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 4 of 16 Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non- disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 55 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 5 of 16 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. / / / / 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Title: Address: County of Santa Clara 56 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 6 of 16 Contact: Recycling and Waste Reduction Program Manager Program: Integrated Waste Management Services Address: 1553 Berger Drive, Building 1 San José, CA 95112 / / / / 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 20. CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. / / / / / / / / / / / / 57 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 7 of 16 / / / / / / / / / / IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: Date: COUNTY OF SANTA CLARA JAMES R. WILLIAMS County Executive Date: CITY” CITY/TOWN OF Title A municipal corporation APPROVED AS TO FORM AND LEGALITY: Willie Nguyen Deputy County Counsel 58 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 8 of 16 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility ComCare Farms Composting Facility Environmental Management Systems Facility Green Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility Pacific Coast Recycling, Inc. Premier Recycling Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility 59 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 9 of 16 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each of the CITIES, and the COUNTY for its unincorporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance. 60 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 10 of 16 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation. E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904. / / 61 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 11 of 16 / / 2. FIXED PROGRAM COST Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes. 3. ABANDONED WASTE DISPOSAL COST The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein. Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. SAN JOSÉ FACILITY USE SURCHARGE The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection 62 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 12 of 16 Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San José Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs. If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES’ representative must call the Countywide HHW Program appointment line to schedule 63 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 13 of 16 an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement. 64 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 14 of 16 EXHIBIT D SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless 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, employees or agents, under or in connection with or arising out of 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 occurring 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 out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total 65 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 15 of 16 liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste. COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste. 66 Agreement for Countywide AB939 Implementation Fee FYs 2025 - 2027 Page 16 of 16 67 Agreement for Countywide Household Hazardous Waste Collection Program Page 1 of 27 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024. RECITALS WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently 68 Agreement for Countywide Household Hazardous Waste Collection Program Page 2 of 27 transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents. NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County. 2. PROGRAM FUNDING SOURCE HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT. Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133. 69 Agreement for Countywide Household Hazardous Waste Collection Program Page 3 of 27 C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation. E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code. The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. 3. FIXED PROGRAM COST Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 4. ABANDONED WASTE DISPOSAL COST The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein. For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 70 Agreement for Countywide Household Hazardous Waste Collection Program Page 4 of 27 5. SAN JOSÉ FACILITY USE SURCHARGE The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year. 7. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system. Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law 71 Agreement for Countywide Household Hazardous Waste Collection Program Page 5 of 27 to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 9. PROGRAM PUBLICITY The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY; • Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period. 10. TEMPORARY HHW EVENTS COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary 72 Agreement for Countywide Household Hazardous Waste Collection Program Page 6 of 27 HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY . To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). The CoHHWCF are located at: ♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133 The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY GENERATORS COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration, 73 Agreement for Countywide Household Hazardous Waste Collection Program Page 7 of 27 on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG. The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. A) GOVERNMENT AGENCIES Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. B) NONPROFIT CHARITABLE REUSER In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction. 14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, 74 Agreement for Countywide Household Hazardous Waste Collection Program Page 8 of 27 household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products. 15. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted. 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. / / 75 Agreement for Countywide Household Hazardous Waste Collection Program Page 9 of 27 17. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding. 18. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 19. OUTSIDE FUNDING During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement. 20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity. 21. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and 76 Agreement for Countywide Household Hazardous Waste Collection Program Page 10 of 27 COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice. 22. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions. 23. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 24. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year. 77 Agreement for Countywide Household Hazardous Waste Collection Program Page 11 of 27 It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. 25. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 26. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless 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, employees or agents, under or in connection with or arising out of 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 occurring 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 out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above. CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident 78 Agreement for Countywide Household Hazardous Waste Collection Program Page 12 of 27 employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste. COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste. 27. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 28. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later. 29. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 30. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 31. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 79 Agreement for Countywide Household Hazardous Waste Collection Program Page 13 of 27 32. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates. 33. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of City Representative Representative’s Title City Address County of Santa Clara Director Consumer and Environmental Protection Agency 1553 Berger Drive San José, California 95112 34. CONTRACT EXECUTION Unless otherwise prohibited by law or COUNTY policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the COUNTY. / / / / / / / / / / / / 80 Agreement for Countywide Household Hazardous Waste Collection Program Page 14 of 27 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: Date: COUNTY OF SANTA CLARA JAMES R. WILLIAMS County Executive Date: “CITY” CITY/TOWN OF Title A municipal corporation APPROVED AS TO FORM AND LEGALITY: WILLIE NGUYEN Deputy County Counsel Attachments: A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan E Exhibit-E Insurance Requirements for Environmental Services Contracts 81 Agreement for Countywide Household Hazardous Waste Collection Program Page 15 of 27 ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE FUNDING ALLOCATION BY JURISDICTION 82 Agreement for Countywide Household Hazardous Waste Collection Program Page 16 of 27 ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027 83 Agreement for Countywide Household Hazardous Waste Collection Program Page 17 of 27 ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* 84 Agreement for Countywide Household Hazardous Waste Collection Program Page 18 of 27 ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE 2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Ev ent No Event NEW YEAR'S Thurs,Fri, Sat 2,3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri 9,10 San Jose Permanent Saturday 11 Sunnyvale Temporary TBD Thurs,Fri,Sat 16,17,18 San Jose Permanent Thurs,Fri 23,24 San Jose Permanent Saturday 25 Santa Clara Temporary TBD Thurs,Fri 30,31 San Jose Permanent February Sat 1 San Jose Permanent Thurs,Fri, Sat 6,7,8 San Martin Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri 27,28 San Jose Permanent March Sat 1 San Jose Permanent Thurs,Fri, Sat 6,7,8 San Martin Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent April Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri, Sat 3,4,5 San Martin Permanent Thurs,Fri 10,11 San Jose Permanent Saturday 12 Los Altos Temporary TBD Thurs,Fri 17,18 San Jose Permanent Saturday 19 Sunnyvale Temporary TBD Thurs,Fri 24,25 San Jose Permanent Saturday 26 Santa Clara Temporary TBD May Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri, Sat 1,2,3 San Martin Permanent Thurs,Fri,Sat 8,9,10 San Jose Permanent Thurs,Fri,Sat 15,16,17 San Jose Permanent Thurs,Fri 22,23 San Jose Permanent Saturday 24 No Event No Event MEMORIAL DAY WEEKEND Thurs,Fri,Sat 29,30,31 San Jose Permanent June Thurs,Fri, Sat 5,6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri 12,13 San Jose Permanent Saturday 14 Milpitas Temporary TBD Thurs, Fri,Sat 19,20,21 San Jose Permanent Thurs,Fri,Sat 26,27,28 San Jose Permanent 85 Agreement for Countywide Household Hazardous Waste Collection Program Page 19 of 27 ATTACHMENT D: COUNTY HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1. PURPOSE The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and California Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential. 3. Public Information/Notification: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary. 4. State HHW Collection Permits DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process. 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized 86 Agreement for Countywide Household Hazardous Waste Collection Program Page 20 of 27 location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. • Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: San Martin, 13055 Murphy Ave, San Martin, CA 95046 San Jose, 1608 Las Plumas, San Jose, CA 95133 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 87 Agreement for Countywide Household Hazardous Waste Collection Program Page 21 of 27 7. State and Federal Assistance and Funds It is the City’s responsibility to pursue reimbursement from State or Federal agencies. California Governor’s Office of Emergency Services (Cal OES) Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. DTSC may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA. Damage estimates: The city should provide to the Cal OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or Cal OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from USEPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Consumer and Environmental Protection Agency Household Hazardous Waste Program ATTN: Hazardous Materials Program Manager (408)-918-1967 For Non-Emergency after-hours, contact County Communications at: (408) 977-3220 88 Agreement for Countywide Household Hazardous Waste Collection Program Page 22 of 27 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations. Cal OES Public Safety Communications Main Office 601 Sequoia Pacific Boulevard Sacramento, CA 95811 (916) 894-5209 Cal OES 3650 Schriever Avenue Mather, CA 95655-4203 (916) 845-8510 CHEMTREC Emergency number, (800) 424-9300 Non‑emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. 89 ATTACHMENT E Agreement for Countywide Household Hazardous Waste Collection Program Page 23 of 27 EXHIBIT E INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with, performance of this AGREEMENT by Contractor and/or its agents or employees, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this AGREEMENT to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this AGREEMENT and does not prevail in that contest. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this AGREEMENT, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this AGREEMENT, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the AGREEMENT until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. 90 ATTACHMENT E Agreement for Countywide Household Hazardous Waste Collection Program Page 24 of 27 Exhibit E (Continued) C. Notice of Cancellation Should any of the requested policies be cancelled before the expiration date, notice will be provided in accordance with policy provisions. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds provided pursuant to Additional Insured Endorsement Form #1.” Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided 91 Agreement for Countywide Household Hazardous Waste Collection Program Page 25 of 27 Exhibit E (Continued) under this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim/aggregate. b. If coverage contains a deductible or self-retention, it shall be reviewed and approved by the County’s Insurance Manager prior to contract execution. c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT. 92 ATTACHMENT E Agreement for Countywide Household Hazardous Waste Collection Program Page 26 of 27 Exhibit E (Continued) 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination. E. Special Provisions The following provisions shall apply to this AGREEMENT: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this AGREEMENT, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this AGREEMENT may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this AGREEMENT. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this AGREEMENT be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. 93 ATTACHMENT E Agreement for Countywide Household Hazardous Waste Collection Program Page 27 of 27 Exhibit E (Continued) F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this AGREEMENT, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this AGREEMENT, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this AGREEMENT, at the option of County. 94 SARATOGA CITY COUNCIL MEETING DATE:May 15, 2024 DEPARTMENT:Administrative Services PREPARED BY:Ryan Hinchman, Administrative Services Director SUBJECT:Receive 2024-25 General Fund Budget Overview RECOMMENDED ACTION: Provide feedback on the 2024-25 General Fund budget overview. BACKGROUND: City staff presented a draft preview of the 2024-25 General Fund operating budget to the Finance Committee at the May 7 meeting.The operating budget is balanced, and key highlights include: Expenditures: $500K additional payment to the unfunded accrued liability to reduce the City’s pension liability $180K request for tree inventory project to document and schedule maintenance of the City’s trees $150K estimated cost for implementation of the housing element Revenues: $1.1M investment income from investment vehicles $900K excess educational revenue augmentation funds (ERAF) Attachment A provides a series of schedules that consolidate the 2024-25 General Fund budget into graphs and charts for City Council review prior to the final preparation of the budget public hearing on June 5. ATTACHMENTS: Attachment A: 2024-25 General Fund budget overview 95 May 15, 2024 City Council Meeting Attachment A Page 1 of 5 2024-25 Budget -Draft Financial Summaries General Fund Net Revenue/ (Expenditure) by Program 2024-25 Budget General Fund Budget Overview 96 May 15, 2024 City Council Meeting Attachment A Page 2 of 5 2024-25 Budget -Draft Financial Summaries General Fund Net Revenue/ (Expenditure) by Program OVERVIEW This budget presents a balanced spending plan that maintains current service levels while addressing various challenges.These challenges include increasing pension costs, a necessary tree maintenance project, and the implementation of the mandated housing element. A notable change in the 2023-24 forecast compared to budget is the inclusion of projected solid waste revenue, previously believed to be at risk. While the 2024-25 budget is balanced, it relies on investment income and excess Educational Revenue Augmentation Fund (ERAF), together totaling $2.0 million, which are subject to potential cyclical and state changes in future years. The trend of expenditures outpacing revenues will continue to challenge the City's budget balancing, as illustrated in the chart below. FY21 Actuals FY22 Actuals FY23 Actuals FY24 Budget FY24 Forecast FY25 Requested Revenues 26,405,189 26,873,597 29,213,545 28,273,852 30,157,063 30,582,648 Expenditures 23,238,768 23,724,585 25,572,201 28,218,539 27,641,706 30,566,253 Operating Balance 3,166,421 3,149,012 3,641,345 55,313 2,515,357 16,395 $0 $5 $10 $15 $20 $25 $30 $35 MillionsGeneral Fund Revenue & Expenditures 97 May 15, 2024 City Council Meeting Attachment A Page 3 of 5 2024-25 Budget -Draft Financial Summaries General Fund Net Revenue/ (Expenditure) by Program General Fund Budget Summary by Category All programs Revenue/ (Expenditure) 2023-24 Budget 2023-24 Forecast 2024-25 Requested Revenues 411 -Property Taxes 18,636,124 18,755,977 19,255,458 413 -Other Taxes 2,677,000 2,539,551 2,575,000 416 -Franchises & Surcharges 1,918,500 2,827,229 2,646,296 420 -Intergovernmental 303,000 647,215 533,000 440 -Charges for services 3,164,892 3,673,697 4,096,699 450 -Fines & penalties 47,300 37,979 46,500 460 -Use of money & property 1,527,036 1,675,415 1,429,695 Total Revenue 28,273,852 30,157,063 30,582,648 Expenditures 500 -Salaries & Benefits (10,063,442)(9,513,198)(10,332,700) 529 -UAL Payoff (1,256,000)(1,256,000)(1,350,000) 610 -Operating Expenses (1,925,643)(1,991,109)(1,957,385) 640 -Contract Services (1,906,900)(1,947,258)(2,765,950) 648 -Public Safety Contract Services (8,162,000)(8,031,469)(8,693,685) 650 -Professional Services (871,000)(869,119)(1,078,615) 770 -Fixed Assets 0 0 (72,000) 790 -Internal Services (4,033,554)(4,033,554)(4,315,918) Total Expenditures (28,218,539)(27,641,706)(30,566,253) 900 -Transfer to Capital Program (3,507,876)(3,507,876)(3,215,632) Net Revenue / (Expenditures)*(3,452,563)(992,519)(3,199,237) *A Net Expenditure requires use of General Fund Reserves to balance the budget 98 May 15, 2024 City Council Meeting Attachment A Page 4 of 5 2024-25 Budget -Draft Financial Summaries General Fund Net Revenue/ (Expenditure) by Program 2024-25 General Fund Revenue $30.6 million Revenue/ (Expenditure) 2023-24 Budget 2023-24 Forecast 2024-25 Requested Revenues 411 -Property Taxes 18,636,124 18,755,977 19,255,458 413 -Other Taxes 2,677,000 2,539,551 2,575,000 416 -Franchises & Surcharges 1,918,500 2,827,229 2,646,296 420 -Intergovernmental 303,000 647,215 533,000 440 -Charges for services 3,164,892 3,673,697 4,096,699 450 -Fines & penalties 47,300 37,979 46,500 460 -Use of money & property 1,527,036 1,675,415 1,429,695 Total Revenue 28,273,852 30,157,063 30,582,648 411 - Property Taxes 63% 413 - Other Taxes 8%416 - Franchises & Surcharges 9% 420 - Intergovernmental 2% 440 - Charges for services 13% 450 - Fines & penalties 0% 460 - Use of money & property 5% 99 May 15, 2024 City Council Meeting Attachment A Page 5 of 5 2024-25 Budget -Draft Financial Summaries General Fund Net Revenue/ (Expenditure) by Program 2024-25 General Fund Expenditures $30.6 million Revenue/ (Expenditure) 2023-24 Budget 2023-24 Forecast 2024-25 Requested Expenditures 500 -Salaries & Benefits (10,063,442)(9,513,198)(10,332,700) 529 -CalPERS Unfunded Pension Liability (UAL)(1,256,000)(1,256,000)(1,350,000) 610 -Operating Expenses (1,925,643)(1,991,109)(1,957,385) 640 -Contract Services (1,906,900)(1,947,258)(2,765,950) 648 -Public Safety Contract Services (8,162,000)(8,031,469)(8,693,685) 650 -Professional Services (871,000)(869,119)(1,078,615) 770 -Fixed Assets 0 0 (72,000) 790 -Internal Services (4,033,554)(4,033,554)(4,315,918) Total Expenditures (28,218,539)(27,641,706)(30,566,253) 500 - Salaries & Benefits 34% 529 - UAL Payoff 4% 610 - Operating Expenses 6% 640 - Contract Services 9% 648 - Public Safety Contract Services 29% 650 - Professional Services 4% 770 - Fixed Assets 0% 790 - Internal Services 14% 100 2024-25 General Fund Budget Overview 101 Action Summary Provide feedback and requests for clarification in preparation for the June 5 public hearing. 102 Budget Timeline January City Council Retreat -financial forecast, Service Exercise, CIP Preview February Financial polices review CIP Prioritization Study Session April CIP final review, adopt financial policy updates Preliminary operating budget May Draft operating budget. Review enabling resolutions Draft proposed general fund operating budget June Public Hearing for complete budget Adopt budget and enabling resolutions 103 Recap -2024-25 General Fund Sources for Capital Funding Sources Future Capital Project $2.7M Road & Facility Replacement $0.5M Total General Fund for Capital $3.2M Funding Uses Priority Projects $2.2M Existing Projects $0.5M Nominated Projects $0.6M Total General Fund Capital $3.2M 104 $20.0 $22.0 $24.0 $26.0 $28.0 $30.0 $32.0 $34.0 $36.0 $38.0 $40.0 2019 2021 2023 2025 2027 Operating Expense Op & Capital Expense Revenues Actuals Forecast/Budget General Fund Projection •2024-25 budget baseline year •Property tax 3% growth •Expenditures grow at historic rates Scenario 105 2024-25 Budget Summary Balanced Operating Budget Expenditures include new budget requests and contract updates Revenues-excess ERAF and interest income strong in 2024-25, but may decline in future years 106 Balanced Operating Budget in ($1,000’s) Forecast 2023-24 Budget 2024-25 Total Revenue 30,157 30,583 Total Expenditures 27,642 30,566 *Does not include general fund contributions to capital 107 2024-25 Key Budget Requests 1.$500K additional payment to the UAL 2.$180K tree inventory project - Aid in risk management as well more efficient maintenance of City Trees (contract service) 3.$150K housing element implementation (professional service) 108 Pension Contributions in ($1,000’s) •Minimum unfunded accrued liability (UAL) payments continue to increase 1,015 1,041 1,049 726 1,576 1,350 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 Minimum UAL Payment Additional UAL Payment 109 - 200 400 600 800 1,000 1,200 1,400 2021 Actual 2022 Actual 2023 Actual 2024 Forecast 2025 Budget Insurance Premiums •Insurance costs are estimated to increase 23% in FY2024-25 •California market continues to harden In ($1,000’s) 110 Public Safety Contract Services •Protective Services make up about 30% of the general fund budget •8% cost increase In ($1,000’s) 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 2021 Actual 2022 Actual 2023 Actual 2024 Forecast 2025 Budget Sheriff Animal Control 111 Expenditure Summary in ($1,000’s) 2023-24 Forecast 2024-25 Budget Variance $ Variance % 500 - Salaries & Benefits 9,513 10,333 820 9% 529 - UAL Payoff 1,256 1,350 94 7% 610 - Operating Expenses 1,991 1,957 (34)-2% 640 - Contract Services 1,947 2,766 819 42% 648 - Public Safety Services 8,031 8,694 662 8% 650 - Professional Services 869 1,079 209 24% 770 - Fixed Assets 0 72 72 - 790 - Internal Services 4,034 4,316 282 7% Total Expenditures 27,642 30,566 2,925 11% 112 2024-25 Key Revenues Taxes make up about 70% of general fund revenue •Property tax- 3% growth to prior year •Sales tax – flat to prior year Investment Income – $1.1M revenue is cyclical and changes with the economy Excess ERAF – $900K included in budget and is volatile and subject to potential claw back 113 Property Tax Growth 0.0% 2.0% 4.0% 6.0% 8.0% 2021 Actual 2022 Actual 2023 Actual 2024 Est.2025 Prelim. Slowing property tax growth•Property tax growth has slowed from pandemic levels 1% increase in property tax = $190K 114 Revenue Summary in ($1,000’s) 2023-24 Forecast 2024-25 Budget Variance $ Variance % 411 - Property Taxes 18,756 19,255 499 3% 413 - Other Taxes 2,540 2,575 35 1% 416 - Franchises & Surcharges 2,827 2,646 (181)-6% 420 - Intergovernmental 647 533 (114)-18% 440 - Charges for services 3,674 4,097 423 12% 450 - Fines & penalties 38 47 9 22% 460 - Use of money & property 1,675 1,430 (246)-15% Total Revenue 30,157 30,583 426 1% 115 Next Steps Provide feedback and requests for clarification in preparation for the June 5 public hearing. 1.June 5th - budget public hearing 2.June 19th - budget adoption 116 SARATOGA CITY COUNCIL COUNCIL ASSIGNMENTS Mayor Yan Zhao Hakone Foundation Board Executive Board Santa Clara County Housing and Community Development Advisory Committee Santa Clara County Library District Board of Directors West Valley Mayors and City Managers Association West Valley Sanitation District Board of Directors Council Finance Committee Vice Mayor Belal Aftab Association of Bay Area Government (ABAG) General Assembly Silicon Valley Regional Interoperability Authority Alternate Valley Transportation Authority Policy Advisory Committee Saratoga Historical Foundation Board of Directors Council Finance Committee Council Member Chuck Page Santa Clara Valley Water Commission West Valley Clean Water Program Authority Board of Directors West Valley Solid Waste Management Authority Board of Directors Saratoga Chamber of Commerce Board Saratoga Ministerial Association Council Member Tina Walia Cities Association of Santa Clara County Board of Directors Cities Association of Santa Clara County City Selection Committee Cities Association of Santa Clara County Legislative Action Committee KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors Silicon Valley Clean Energy Authority Board of Directors Council Member Kookie Fitzsimmons Hakone Foundation Board of Trustees Saratoga Area Senior Coordinating Council Board of Directors Saratoga Sister City Committee Liaison 117