Agenda packet — City Council and Authorities Concurrent, October 24, 2023 (part 4 of 7)

ORIGINAL
Exhibit D, Revision 6 to
Contract 09-SNR-01256
City of Roseville Primary: James Takehara
[email protected]
(916)746-1666
Alternate: Mike Bloom
[email protected]
(916)774-5626
Sacramento Municipal Utility District Gary Lawson
[email protected]
(916) 732-5802
Silicon Valley Power Ken Sims
[email protected]
(408) 426-7670

4. Duties of the Working Group:

4.1 The Working Group shall meet at least quarterly to review the allocation of benefits among the Parties, and shall make recommendations for changes to Exhibits B and C as necessary to preserve an equitable balance of the benefits, and to modify the scheduling and settlements processes as necessary to adjust to changes in CAISO and/or Western scheduling and settlements procedures and charges.

4.2 Any Party may request more frequent review by the Working Group should the balance of benefits become disproportionate to any one Party or class of Parties (DCCs and NDCCs).

4.3 The Working Group members shall have the right to review Displacement Program aggregation and settlement information for any and all Parties in order to execute their assigned duties.

4.4 Once the Working Group has reached a consensus on any changes to the Displacement Program scheduling or settlement processes, Western shall provide notice and shall issue to the Parties updated Exhibits B and/or C, which notice shall also include the effective date for implementation of the revised exhibit(s).

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ORIGINAL
Parties Working Group Representative
Western Area Power Administration Primary: Jeanne Haas
[email protected]
(916) 353-4438
Alternate: Hiroshi Kashiwagi
[email protected]
(916) 353-4477
Eastside Power Authority Cori Bradley
[email protected]
(916) 405-8923
Modesto Irrigation District David Olivares
[email protected]
(209) 526-7595
Northern California Power Agency Primary: Tony Zimmer
Tony. [email protected]
(916) 781-4229
Alternate: James Takehara
[email protected]
(916) 781-4272
Alternate: Roxana Khayyam
[email protected]
(916) 781-4298
Power and Water Resources Pooling Authority Kent Palmerton [email protected]
(916) 483-5368
City of Redding Bill Hughes
[email protected]
(530) 245-7025
Exhibit D, Revision 7 to
Contract 09-SNR-01256
Exhibit D
(Displacement Program Working Group Representatives)

1. This Exhibit D, Revision 7 to be effective under and as a part of Contract 09-SNR-01256 (Contract) shall become effective on April 1, 2015; and shall remain in effect until either superseded by another Exhibit D or termination of the Contract.

2. Western will revise this Exhibit D, as needed, in accordance with the procedures set forth herein. The Parties agree that they have granted Western the right to make unilateral changes to Exhibit D in accordance with the terms and conditions agreed to by the Parties and set forth in Section 11 of the Contract. Each time a revision is made to this Exhibit D Western will issue an authenticated copy of the revised exhibit to all Parties to this Contract.

3. The Parties and their respective Working Group Representatives are listed in the table below:

Exhibit D, Revision 7 to
Contract 09-SNR-01256

4. Duties of the Working Group:

4. 2 Any Party may request more frequent review by the Working Group should the balance of benefits become disproportionate to any one Party or class of Parties (DCCs and NDCCs).

4. 3 The Working Group members shall have the right to review Displacement Program aggregation and settlement information for any and all Parties in order to execute their assigned duties.

4. 4 Once the Working Group has reached a consensus on any changes to the Displacement Program scheduling or settlement processes, Western shall provide notice and shall issue to the Parties updated Exhibits B and/or C, which notice shall also include the effective date for implementation of the revised exhibit(s).

City of Roseville Mike Bloom
[email protected]
(916) 774-5626
Sacramento Municipal Utility District Gary Lawson
[email protected]
(916) 732-5802
Silicon Valley Power Ken Sims
[email protected]
(408) 615-6678
Department of Energy
Western Area Power Administration
Sierra Nevada Region
114 Parkshore Drive
Folsom, California 95630-4710
MAR 2 4 2016
Mr. John Roukema
Director of Electric Utility
City of Santa Clara
Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050-3713
Dear Mr. Roukema:

The Western Area Power Administration (Western) and the City of Santa Clara, Silicon Valley Power (SVP) are parties to Contract 09-SNR-01256 (Contract). This Contract provides for SVP’s participation in Western’s Base Resource Displacement Program (DP).

In anticipation of the start of the DP this year, Western revised Exhibit A, Attachment 1 to Exhibit B, and
Exhibit D, to the Contract. Western revised Exhibit A to change the pricing point for some of the participants to reflect the California Independent System Operator’s (CAISO) Market Efficiency Enhancement Agreement pricing. Attachment 1 was revised to include the most current CAISO charges that make up the avoided fixed transaction costs related to the DP. The CAISO’s Charge Code 6496 (Peak Reliability Coordinator Charge) was also added to the table as an additional fixed transaction charge. Exhibit D was revised to update the DP working group representatives.

Enclosed for your records are Exhibit A, Revision 9, Attachment 1, Revision 28 to Exhibit B, and Exhibit D, Revision 8, to the Contract. If you have any questions, please contact Mr. Hiroshi Kashiwagi of my staff at (916) 353-4477 or [email protected].

Exhibit D
(Displacement Program Working Group Representatives)

1. This Exhibit D, Revision 8 to be effective under and as a part of Contract 09-SNR-01256 (Contract) shall become effective on April 1, 2016; and shall remain in effect until either superseded by another Exhibit D or termination of the Contract.

3. The Parties and their respective Working Group Representatives are listed in the table below:

4. Duties of the Working Group:

4.2 Any Party may request more frequent review by the Working Group should the balance of benefits become disproportionate to any one Party or class of Parties (DCCs and NDCCs).

4.3 The Working Group members shall have the right to review Displacement Program aggregation and settlement information for any and all Parties in order to execute their assigned duties.

Exhibit D
(Displacement Program Working Group Representatives)

1. This Exhibit D, Revision 10 to be effective under and as a part of Contract 09-SNR-01256 (Contract) shall become effective on November 1, 2018; and shall remain in effect until either superseded by another Exhibit D or termination of the Contract.

3. The Parties and their respective Working Group Representatives are listed in the table below:

4. Duties of the Working Group:

4.1 The Working Group shall meet at least yearly to (1) review the allocation of benefits among the Parties, (2) review the application of shared and variable charges and savings to the DCCs and NDCCs for the past year to ensure that all CAISO charge codes and program settlement and savings calculations are being applied correctly, and (3) shall make recommendations for changes to Exhibits B and C as necessary to preserve an equitable balance of the benefits, and to modify the scheduling and settlements processes as necessary to adjust to changes in CAISO and/or Western scheduling and settlements procedures and charges. If any errors are found in the application of shared and variable charges and savings and a correction is required to the calculations, all Parties agree that the correction will only be retroactive to one year of the discovery of the error(s).

4.2 Any Party may request more frequent review by the Working Group should the balance of benefits become disproportionate to any one Party or class of Parties (DCCs and NDCCs).

4.3 The Working Group members shall have the right to review Displacement Program aggregation and settlement information for any and all Parties in order to execute their assigned duties.

Mr. John Roukema
Director of Electric Utility
Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050-3713
Dear Mr. Roukema:

On April 1, 2009, the California Independent System Operator Corporation (CAISO) simultaneously implemented its Market Redesign and Technology Upgrade (MRTU) and Integrated Balancing Authority Area (IBAA) programs.

Operation under IBAA could be economically detrimental to the Western Area Power Administration's (Western) customers. Since late last year, Western and its customers have been working together to develop a program to minimize any adverse impacts of IBAA and help protect the value of federal power allocations.

The outcome of this collaborative effort is the Displacement Program. In general, the Displacement Program is designed to lessen the financial impacts of IBAA by decreasing transactions between neighboring balancing authority areas. The terms and conditions of the Displacement Program are set forth in Contract 09-SNR-01256 (Contract). This Contract will be executed in counterpart.

Enclosed is one original of the Contract and two original signature pages. Please have the appropriate authorized Silicon Valley Power (SVP) representative sign both signature pages, have the signatures attested, and send both signed signature pages, along with a resolution and/or certificate as applicable, to Ms.

Ruth Nye, N6205, at this office. Please keep the original Contract for your records. Once Western receives the signature pages back from all counterparties, it will counter sign all of the pages, send SVP a Western/SVP- executed original signature page, and send copies of the other counter parties' signature pages for SVP's records. We thank you for your involvement in the development of the Displacement Program.

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If you have any questions, please contact Ms. Jeanne Haas at (916) 353-4438, or at [email protected].

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1132 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action on First Amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to Allow for Remote Participation by Committee Members

COUNCIL PILLAR
Promote Sustainability and Environmental Protection

BACKGROUND
In 2013, the City Council adopted Resolution 13-8052 (Attachment 1) which approved the “Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee” (Attachment 2). The Agreement included language that restricted and discouraged the use of teleconference (phone) participation based on the inability to confirm member attendance, identify participants, and document important action items as they occurred on the record.

Countywide coordination of mandated and discretionary recycling and solid waste planning is provided by the Santa Clara County Recycling and Waste Reduction Commission (RWRC). The RWRC is chartered by the Board of Supervisors and is made up of elected officials representing cities or groups of cities, the County and the Santa Clara Valley Water District. Council Member Watanabe represents the Central County cities (Santa Clara and Milpitas) on the RWRC.

A Technical Advisory Committee (TAC) advises the RWRC. The TAC is made up of staff from the 15 cities, the County, representatives of the solid waste industry, recyclers, San Jose State University, and environmental organizations. It is also supported by various subcommittees.

In December 2020, under the direction of AB 361 and the COVID-19 pandemic, members of the RWRC, TAC, and associated subcommittees were ordered to continue their operations virtually through video and audio teleconference platforms such as Zoom. The new arrangement was well- received by attendees as demonstrated by the unprecedented member engagement and improved attendance records. In January 2023, AB 361 had expired and prompted the Santa Clara County Health Officer to lift its previous order on various workplace restrictions, thereby withdrawing authorization for the RWRC to conduct meetings virtually via audio and video teleconferencing platforms.

DISCUSSION
The RWRC, TAC, and associated subcommittees desire to continue operating through video and audio teleconference platforms to reduce barriers to participation. The First Amendment (Attachment 3) will incorporate language into the Agreement that permits teleconference access to members of the RWRC, TAC, and associated subcommittees as specified in Section 54953(b) of the Ralph M.

Brown Act. No other terms in the agreement are impacted with the approval of the First Amendment.

City of Santa Clara Printed on 10/18/2023Page 1 of 2
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23-1132 Agenda Date: 10/24/2023
Signatures on the final First Amendment document will be obtained electronically through DocuSign to enable each participating jurisdiction to execute the same document.

ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this report.

COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute the First Amendment to Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee in substantially the form presented, and in a final form approved by the City Attorney

2. Authorize the City Manager to execute future minor administrative amendments to the Agreement as necessary.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution 13-8052

2. Agreement

3. First Amendment
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RESOLUTION NO. 13-8052

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, CREATING THE SANTA CLARA

COUNTY RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the California Integrated Waste Management Act, known as "AB 939" (Public Resources Code Section 40000 et seq.) enacted in 1989 required jurisdictions to divert 50% of waste from disposal by 2000, and as amended by Assembly Bill 341 in 2011 now establishes a statewide goal of diverting 75% of solid waste by 2020; WHEREAS, in 1992 the Santa Clara County Board of Supervisors established the Solid Waste Commission of Santa Clara County to advise city councils and the Board of Supervisors on countywide solid waste and recycling issues, and in 2001 revised the name of the Commission to the "Recycling and Waste Reduction Commission of Santa Clara County" ("the Commission"); WHEREAS, the bylaws of the Commission included establishment of the Recycling and Waste Reduction Technical Advisory Committee ("the TAC") to provide technical advice to the Commission on solid waste management and policy, to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions and to assist in development of policies, and programs as well as revisions to the County Solid Waste Management Plan/County Integrated Waste Management Plan; WHEREAS, in accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the County and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly Resolution/RWRC TAC
Rev.03-09-IO;Typed:05-15-13

Page 1 of 4 ends

to disposal facilities located outside Santa Clara County, and the revenues from the SWPF, along with grants and voluntary contributions from agencies are used to fund the work of the Commission and the TAC;
WHEREAS, the field of solid waste management and recycling has become much more complex since the TAC was originally established, and the City of Santa Clare has found it useful and cost-effective to work jointly with other local jurisdictions through the Commission and the TAC in order to comply with the increasing number of new laws and regulations; WHEREAS, the responsibilities of the TAC have evolved over time to include recommending, implementing, monitoring, and auditing the funding for existing and new countywide programs included in the Commission-approved Annual Workplan and Budget and these enhanced duties need to be formalized by the cities and the County;
WHEREAS, in 2009 the Commission and the TAC appointed an Organizational Study Committee and an Organizational Study Subcommittee, respectively, and retained the services of Arroyo Associates to evaluate the organizational structure of the countywide integrated waste management system, programs, staffing and services;
WHEREAS, the Commission held a public meeting m May 2012 to discuss the recommendations of the Organizational Study with the TAC and members of the public and directed the TAC to prepare an agreement between all the agencies in Santa Clara County that are responsible for AB 939 compliance (all cities and the County) to clarify, enumerate and memorialize the expanded duties of the TAC and to streamline the decision-making and reporting functions of the TAC;
WHEREAS, the Commission reviewed and approved the attached "Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee" and has Resolution/RWRC TAC Page 2 of 4
Rev. 03-09-10; Typed: 05-15-13
recommended the Agreement to the County and to all of the cities in Santa Clara County for consideration and approval;
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the approval of the attached agreement is categorically exempt pursuant to Section 15308; and, WHEREAS, the City of Santa Clara has considered the agreement at a regularly noticed meeting held on June 11, 2013.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the attached "Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee" is hereby approved.

2. That the City of Santa Clara finds that, with regard to CEQA, the approval of the attached agreement is categorically exempt pursuant to Section 15308.

3. Staff is directed to appoint a representative to serve on the TAC and to notify the Commission that the Agreement has been approved.

4. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

5. Effective date. This resolution shall become effective immediately.

Resolution/RWRC TAC Page 3 of4
Rev. 03-09-10; Typed: 05-15-13

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION

PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 25TH DAY OF JUNE, 2013, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Davis, Kolstad, Mahan, Marsalli, O'Neill and
Mayor Matthews
None
Gillmor
None
ATTEST: ~~w~~~~~~
• 'ci:r

CITY OF SANTA CLARA

1. Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee I:pubworks/street/dave/davesl/TAC/TACMOUresolution.doc
Resolution/RWRC TAC Page 4 of4
Rev. 03-09-10; Typed: 05-15-13

AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made and entered into this ______ day of __,_~~--2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS:

A. In 1989 the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Waste Management Plan and to appoint an AB 939 Local Task Force.

B. Prior to 1992 the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.

C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County.

D. On February 4, 1992 the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid 5/6/13 1

TAC MEMORANDUM OF AGREEMENT
Waste Commission of Santa Clara County ("Commission") in order to streamline the decision-making process on solid waste and recycling issues. (Ordinance No. NS-300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.

E. On December 4, 2001 the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.

F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.

H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.

I. In accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County.

The current SWPF of $0.78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as "County-wide Funds".

J. In 2011 Assembly Bill 341 ("AB 341") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.

K. Since the TAC was originally established, the field of solid waste management and 5/6/13 2

TAC MEMORANDUM OF AGREEMENT
recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.

L. Commensurate with changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring county-wide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs.

M. The TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget.

N. In order to address these issues the Commission appointed the Ad Hoc Committee for TAC Organizational Study and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.

0. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate county-wide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory 5/6/13 3

TAC MEMORANDUM OF AGREEMENT
5/6/13
Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.

A. Purposes. The purposes of the TAC are:

1. To implement the Commission-approved Annual Workplan and Budget;

2. To advise the Commission and the decision-making bodies of all PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;

3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;

4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and thus receive countywide approval;

5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;

6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;

7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.

8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.

9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle to cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.

10. To perform other duties as directed by the Commission.

B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is 4 TAC MEMORANDUM OF AGREEMENT
established by the Board of Supervisors based upon input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the County-wide Funds used to fund the Commission-approved Annual Workplan and Budget.

II. COMPOSITION
5/6/13
A. Voting members, not to exceed 27 in number, shall include:

1. One (1) staff person from each City or Town that is a PARTY

2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management

3. One (1) staff person from the Santa Clara Valley Water District

4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or business organizations (however no member shall represent a single for profit company)
b. No more than four (4) representatives of non-profit groups that advocate for source reduction, recycling programs, sustainability, and/or producer responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be re-designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator"). The Commission will accept requests and nominations for non-governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including but not limited to, web sites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate. Members representing non governmental organizations shall serve for a period of two (2) years beginning in January. At the end of that time the Commission shall select the non-governmental organizations to be represented on the TAC for the new two (2) year term. The initial group of non-governmental organization representatives will be selected by the Commission on or before December 31, 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the 5 TAC MEMORANDUM OF AGREEMENT
Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.

C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, subcommittees, and ad hoc subcommittees.

D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. If a vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy.

E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.

Ill. QUORUM AND VOTING
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A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.

B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing 6 TAC MEMORANDUM OF AGREEMENT
members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In-person attendance and participation at meetings is strongly preferred and encouraged.

D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission.

IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or alternates representing a PARTY.

B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officer's terms begin with the first meeting of each calendar year.

C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee (IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two (2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda. •
V. MEETINGS
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A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.

B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and its Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff 7 TAC MEMORANDUM OF AGREEMENT
members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.

VI. IMPLEMENTATION COMMITTEE
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A. Composition and Duties. The TAC Implementation Committee (IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S IC representative is usually also the PARTY'S TAC representative.

Each PARTY and the SCVWD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.

B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. (Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. (For purposes of calculating whether or not the forty percent (40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCVWD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members. Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the IC along with the dissenting opinion(s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for 8 TAC MEMORANDUM OF AGREEMENT
another IC meeting.

C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission-approved Annual Workplan and Budget and who are to be paid from County-wide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.

The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s).

VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.

Subcommittees may elect a Vice-Chair to serve in the Chair's absence.

Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC. Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative the Subcommittee Chair, in consultation with the TAC Chair, may decide to re agendize the item for discussion at another meeting.

C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.

VIII. TAC ADMINISTRATOR
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A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator 9 TAC MEMORANDUM OF AGREEMENT
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include but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.

C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.

D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator. This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.

E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY

TAC MEMORANDUM OF AGREEMENT
5/6/13
2014/15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.

F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fiscal year 2014/15 the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.

The Administrator shall submit the final draft of the proposed Annual Workplan and Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February.

Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.

G. Annual Reporting and Evaluation. The Administrator shall prepare a self evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback willJ:>e used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator the IC may, at any time, 11 TAC MEMORANDUM OF AGREEMENT
discuss questions, concerns or issues of performance with the Administrator.

IX. FISCAL AGENT
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A. Duties. The Fiscal Agent serves as the treasurer of the County-wide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non-disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments.

The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep County-wide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing County-wide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer County-wide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.

The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.

D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Fiscal Agent is also serving as the Administrator, the Contracting 12 TAC MEMORANDUM OF AGREEMENT
5/6/13
Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.

E. Quarlerly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the County-wide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.

G. Evaluation of the Fiscal Agent. Each year the Fiscal Agent shall prepare a self-evaluation, along with the Year-End Budget Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of 13 TAC MEMORANDUM OF AGREEMENT
performance with the designated representative of the Fiscal Agent.

X. CONTRACTING AGENT
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A. Duties. The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.

In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive County-wide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all County-wide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep County-wide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as County-wide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent, or both, the proposed costs to perform each function shall be separately 14 TAC MEMORANDUM OF AGREEMENT
5/6/13
specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the County-wide Funds received and expended by the Contracting Agent. In such event the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent. 15 TAC MEMORANDUM OF AGREEMENT
XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission-approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
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A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14.

The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.

C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended 16 TAC MEMORANDUM OF AGREEMENT
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(Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI. Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement.

G. Amendments. This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendments to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015. The IC may recommend amendments on a more frequent basis if desired.

I. Attachments. Attachments 1 through 5 are attached hereto and incorporated 17 TAC MEMORANDUM OF AGREEMENT
herein by this reference.
5/6/13 18

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors
CITY OF Sr; -------
Date:_~(o_,;,;,,__/ ~~7'--;/,__1_'2_=::::> ___ _
\ l
\~ITY OF -------
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ------------
By: -----------
APPROVED AS TO FORM:

APPROVED AS TO FORM:

By: -----------Name: --------
Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Ti tie: ---------

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------
5/6/13
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
20 TAC MEMORANDUM OF AGREEMENT

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Ti tie: ---------

CITY OF -------
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------
5/6/13
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Ti tie: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
21 TAC MEMORANDUM OF AGREEMENT

CITY OF -------
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------

CITY OF, -'------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------

CITY OF -------
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------
CITY OF ______ _
Date: ----------
By: __________ _
Name: --------
Tit I e: ---------
5/6/13
APPROVED AS TO FORM:

By: _________ _
Name: --------
Tit I e: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Ti tie: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Ti tie: ---------
22 TAC MEMORANDUM OF AGREEMENT

CITY OF -------
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------
5/6/13
APPROVED AS TO FORM:

By: _________ _
Name: --------
Ti tie: ---------
23 TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
Tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
Serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
Reporting and DRS, and performs various
other duties.

Zachary De Vine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanna Chapa, Office Specialist Ill
5/6/13 24
% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
% FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13 25

TAC MEMORANDUM OF AGREEMENT
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies, d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's associations, etc.).
26 TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1.Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefor, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.

4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.

5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project 5/6/13 27

TAC MEMORANDUM OF AGREEMENT
and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current Contracting Agent, and other potential providers of these services.

The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.)
?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent.

Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval.
5/6/13 28

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4

CODE OF ETHICAL CONDUCT

1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.

2. All members shall remain aware that the activities of the TAC are funded by fees raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency.

6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room. 5/6/13 29

TAC MEMORANDUM OF AGREEMENT

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.

8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain.

11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.

12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training biennially.

15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
5/6/13 30

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5

PROCEDURES FOR TRANSFER OF COUNTY-WIDE FUNDS FROM FISCAL

AGENT TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.

1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following:

A. Direct the Fiscal Agent to transfer specific amount(s) of County-wide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstances change during the year, or if there are other reasons to do so.

C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.

3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator.

The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of County-wide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the Administrator, the Fiscal Agent and the Contracting Agent, as well as carrying out the duties of each.

6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.

7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the 5/6/13 31

TAC MEMORANDUM OF AGREEMENT
Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.

9. At the end of the fiscal year the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures. 5/6/13 32

AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made·and entered into this 4 ±::h day of J Ur\ f.. 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation .of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
, RECITALS:

A. In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste ·from disposal by 2000. AB 939 required each County to develop and periodically update . a County Integrated Wast� Management Plan and to appoint an AB 939 Local Task Force.

B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.

D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commission") in order to streamline the 5/6/13
JUN o 4 2013

TAC MEMORANDUM OF AGREEMENT
decision-making process on solid waste and recycling issues. (Ordinance No. NS- 300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.

E. On December 4, 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.

G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the 11TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans. 1 H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.

I. In accordance with the AB 939,provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and c9llects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county-and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County. The current SWPF of $0.78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as "Countywide Funds".

J. In 2011, Assembly Bill 341 ("AB 341 ") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.

K. Since the TAC was originally established, the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and

TAC MEMORANDUM OF AGREEMENT
processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.

L. Commensurate wit_h changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs.

M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget.
. N. In order to address these issues, the Commission appointed the Ad Hoc Committee for TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.

0. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.

A. Purposes. The purposes of the TAC are:
5/6/13 3

TAC MEMORANDUM OF AGREEMENT
5/6/13

1. To implement the Commission-approved Annual Workplan and Budget;

2. To advise the Commission and the decision-making bodies of all· PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;

4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval;

5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;

6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;

7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.

8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.

9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle-to-cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.

10. To perform other duties as directed by the Commission . . B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is established by the Board of Supervisors based upon·input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the Countywide Funds used to fund the Commission-approved Annual Workplan and Budget.
4 TAC MEMORANDUM OF AGREEMENT
II. COMPOSITION
5/6/13
A. Voting members, not to exceed 27 in number, shall include:

1. One (1) staff person from each City or Town that is a PARTY

3. One (1) staff person from the Santa Clara Valley Water District

Members representing non-governmental organizations shall serve for a period oftwo (2) years beginning in January. At the end of that time, the Commission shall select the non governmental organizations to be represented on the TAC for the new two (2) year term.

The initial group of non-governmental organization representatives will be selected by the Con·1mission on or before December 31, 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.

D. Vacancies. Each PARTY is responsible for designatir1g a replacement for its member ifthe member can no longer serve. In the ·event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. lfa vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy.

Ill. QUORUM AND VOTING
5/6/13
A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.

B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten ( 10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In person attendance and participation at meetings is strongly preferred and encouraged.

D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its 6 TAC MEMORANDUM OF AGREEMENT
governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission.

B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officers' terms begin with the first meeting of each calendar year.

C. Dutie$. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee {IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two {2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.

V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.

B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and it$ Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff members of the individual PARTIES {including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.

VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee {IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S 5/6/13 7

TAC MEMORANDUM OF AGREEMENT
5/6/13
IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCWJD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.

B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. {Note: the City of San. Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent {40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. {For purposes of calculating whether or not the forty percent {40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCWJD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two {2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members.

Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the IC along with the dissenting opinion{s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for another IC meeting.

C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission approved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s).
8 TAC MEMORANDUM OF AGREEMENT
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.

B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members. Subcommittees may elect a Vice Chair to serve in the Chair's absence. Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC.

Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at another meeting.

C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcqmmittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.

VIII. TAC ADMINISTRATOR
5/6/13
A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator include, but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.

B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
9 TAC MEMORANDUM OF AGREEMENT
5/6/13
C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachme:tot 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed. •
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator.

This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.

F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation ofthe Annual Workplan and Budget for fis_cal year 2014/15, the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.

The Administrator shall submit the final draft of the proposed Annual Workplan and

TAC MEMORANDUM OF AGREEMENT
Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget ori or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.

G. Annual Reporting and Evaluation. The Administrator shall prepare a self evaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator.

IX. FISCAL AGENT
5/6/13
A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer 11 TAC MEMORANDUM OF AGREEMENT
5/6/13
any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as direqted by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.

The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.

C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each _function shall be separately specified. The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.

2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.

E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12 TAC MEMORANDUM OF AGREEMENT
description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with.an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.

G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self evaluation, along with the Year-End Budget Report, for submittal to the IC. The self evaluation will include a description of key work tasks performed, any duties or tasks not • completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent.

X. CONTRACTING AGENT
A. Duties. The Contracting Agent execute!? contracts with Outside Contractors, including the Administrator and the Fiscal Agent.(where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY,·any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
5/6/13 13

TAC MEMORANDUM OF AGREEMENT
5/6/13
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of desjgnated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs; the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.

Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14 TAC MEMORANDUM OF AGREEMENT
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in .Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fo1lly, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the .

Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.

XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
5/6/13
A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 15 TAC MEMORANDUM OF AGREEMENT
occurs first. A PARTY may withdraw frorn the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

8. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, inciuding, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in . connection with or arising from any work, authority or jurisdiction delegated to such 5/6/13 16

TAC MEMORANDUM OF AGREEMENT
516/13
PARTY under this Agreement.

F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES. :': ! 1f\ · / 1 i/ ! t ~
G. Amendments. This Agreement may be amended by·unan1rri6'uswritten L •, l'
agreement of the PARTIES. AU PARTIES agree to -~r!~g~~.t:lY·•Proposed ai'l:iendments to this Agreement to their Council or Board, as applitahle'/ witf1ln three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015.

The IC may recommend amendments on a more frequent basis if desired.

H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise aieffi~'ria~ 'e~cll.!i§~E:Jryt:rrfih~t@nited States District Court, Northern District of California~\~~tf~;C?i~1t~fit~fGJl'.:1:~~:~~ .2. ic,aivisquZ
I. Attachments. Attachments 1 through 5 are attached hereto and'lffc'orporated herein by this reference. • -------•-•«•-----.,. • •
17 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

APPROVED AS T~ORM:~
By: PRES-+, __ -,:---+---'J-i'I----- By: ~ /~ 'J/5J?t>13 Deputy County Counsel

KEN YEAGER
Signed and certified that a copy of this - •
document has been delivered by ellclronic: --
or other means to the Presfdent. Board of
-_ -, , /
~
- -"!1 _ega®Ol, - I - - - - - - -
BoarrtofSupe~
5/6/13 18

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
By: ___________ _
Chair, Board of Supervisors

CITY OF CAMPBELL
Date: July 17, 2013
By'1££ff.?
Title: Cit.y MeE.ag€lr

CITY OF -------
Date: ----------
By: __________ _
Name: ---------Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ------------
By: __________ _
APPROVED AS TO FORM:

By: ;;J:~
Name • William ~ Selig.xnann
Title: City Attorney
APPROVED AS TO FORM:

By: __________ _
Name: --------Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT

CITY OF CAMPBELL
Date: ----------
By: __________ ~--
Name: Mark Linder
Title: City Manag~r

CITY OF CUPERTINO
Date: . ! ~g:/15
By: & b.M:Oiuhl1rd /£,
Name: David Bra.ndt tJ
Title: City Manager

CITY OF GILROY
Date: ----------
By: ____________ _
Name: Thomas Haglund
Title: City Administrator

CITY OF LOS ALTOS
Date:_.-----------,--
By: ____________ _
Name: Marcia Somers
Title: City Manager

TOWN OF LOS ALTOS HILLS
Date: ----------
By: ______ --,-__ _
Name: Carl Cahill
Title: City Manager
5/6/13
APPROVED AS TO F0RM:

By:_~--------
Name: ---,-------
Tit I e: City Attorney
APPROVED AS TO FORM:

By_: __________ _
Name:· --------Tit I e: City Attorney
APPROVED AS TO FORM:

By: __________ _
Name: ........._ ______ _
Title: --------,---
APPROVED AS TO FORM:

By: __________ __,
Name: _______ _
Title: Town Attorney
19 TAC MEMORANDUMOF.AGREEMENT

CITY OF-CAMPBELL
Date: --"---------
13y: __ ,-------,...,,.....,.-------,-
N~me; M~r:~ Uncl.ir
Title: City M~n~g~r

CITY OF CUPERTINO
Date: ----------
ay=,---,.---------..........., N~rn~;, P~vii:t etijngt
Title: City Manager
C!TV OF f31LROY
~-==
By, - -
Na.rng: Tporrr~~ HJ~g!!Jnd.

Title: City Acfrninistrator
CITY OF !.,OS ALTOS
Date: _________ _
By:------------Name: Marcia somers
Title: City Manager - -

TOWN OF LOS ALTOS HILLS
Date: ----------
By: _________ _
Name: C~rl Cahlll
Title: City Manager
5/6/13
APPRO\/EO AS TO FORM:
t:{y: __________ _
-~@rebity'Attoftiey
APPROVED AS TO FORM:

B.y:,,__-.,,.,.-'--------
Name: Title: -_C...,..it.,....y--,-Att..,,..,, b-it-lie_y ___ _ APPROVEOASTO 'F'ORM:
av: of~~.~
Name: l I ALO e
Title: City Attorney
ATTEST:

A ~ CitlJ.-LC)(I/
City Cleric
APPROVED AS TO f=.'ORM:
av:_-_________ _
Name: -----~--Tit I e: -------- .....

APPROV!=D AS TO FORM:

By: __________ _
Name: --------Ti tie: Town Attorney
19 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors
c1TY oF Los- A,,&(os
Date: ~- q --( ~
By: II~~
Name:£/~~~
Title: tny M~-
CITY OF _____ _
Date: ----------
By: _________ _
Name: --------
Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: -----------
By: _________ _
APPROVED AS TO FORM:

By:-t-7"-"--~~~--=>t-+-=------.c=-.=---
Name :_;·~~~~~=:_i_
Title:_~~=A--.L...l..!<~~~;,+-
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors

CITY OF LOS ALTOS HILLS
Date: lO/J4 / 2,0l3
By:Cai{J~ Name : carica.IT1
Title: city Manager

CITY OF -------
Date: ----------
By: __________ _
Name: --------Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ___________ _
By: __ ,--_________ _
APPROVED AS TO FORM:

By.~,::::-=:::;,-· -
Name: Steve Mattas
Title: city Attorney
APPROVED AS TO.FORM:

By: ____ ----'-_____ _
Name: _.;..__ _____ _
Title: ---------
19 TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
By: __________ _
Chair, Board of Supervisors

CITY OF -------
Date: ----------
By: __________ _
Name: --------Ti tie: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date:. ___________ _
By: _________ _
APPROVED AS TO FORM:

APPROVED AS TO FORM:

By: __________ _
Name: --------Tit I e: ---------
19 TAC MEMORANDUM OF AGREEMENT
Title: City Manager

TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manager

CITY OF MILPITAS

CITY OF MONTE SERENO
Date: ----------
By: -----------Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL •
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
(
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: Town Attorney
APPROVED AS TO FORM:

APPROVED AS TO FORM:

I
By: ________ --,-__
Name: --------
Tit I e: ---------
APPROVED AS TO FORM:

By: __________ _
Name: --------
Tit I e: City Attorney
20 TAC MEMORANDUM OF AGREEMENT

TOWN OF LOS GATOS
Date: ----------
By:_--,- _______ _
Name: areg Larson
Title: Town Manager

CITY OF MILPITAS
Date~ ----------
By:---------N$rne: lorn Williams
Tjtle: City Man~ger

CITY OF MONTE SERENO
CITY QF MORGAN Hll!.L
Date: -------------
:By:~·----------"--Name: Steve Rymer
Title: City Manager
S/6/13.

APPROVED AS TO FORM:
ay: __________ _
Nc1me: ____ --"-----
iitle: Town Attorney•
APPROVED AS TO .FORM:

By: -
N~me :. N1ic::f1?~1 J, Ogaz
Title: City Attorney
APPROVEDAS TO·FORM:

By:.~~-'- ... . 1°~
f'i!_an,e,: Ki rsteo Powell
Title: City Attorney
APP.ROVED AS TO FQRM-:

By:·_.---------
Name: --------Tit I e: City Attorney
21)
T~.O.MEMO.RANbVM·OFAGREEiVtENT
TQW"f Q_F LQS '~ATOS
bate: ----------
By: _________ ~...;___
N~m~; .(lr~g Larsqn
Titlij} Town· Mana,ger
CJTY OF MllPITAS
• B.y:_,----,-.,..----------
Na.rne:•tiim ;WJ11iam$:

Title: ·Qjty M~ti~g~r
CITY QF MONTE $ERl=NO
Date:~. ________ _
By; ___ ____,.-,-,-----____,
Name:: Brian Leventhal
Title; CiW Ma.n.a.g~f
5/6/13
APPROVED As TO PO.RM:

Ely~------cc-=-------'--Name: Title}_ T_o_w_n_JA-. tt-o-rh_e_y ___ _ APPROVED· AS TO FORM:
ay:.,..-------,--'----------,----~
N~me ~- . M.ith~el,J i Q~~z
Title: City Attorney
APPROVED AS TO f';iQRM:
·.By:,------~-------
N~ffi!9 :----'-------'---'---
Title: --~------
fw;;:E-~:

Title: City Attorney
f2R5t>\\Jf\Of\ NO'. tg(,68
20 TAC MEMORANDUM OF AGREEMENT
CITY OF MOUNTAiN VIEW
Date: "7..-LV-13
~~~ f7 '~? By:;:,J .. ~
Name:· DanieH.ich ,
Title: City Manager ·

CITY OF PALO AL TO
Date: ----------
By: __________ _
Name: James Keene
Title: City Manager

CITY OF SAN JOSE
Date: ---------------
By: __________ _
Name: Norberto Duenas
Title: Deputy City Manager

CITY OF SANTA CLARA
• Date: ----------
By: __________ ~
Name: Julio J. Fuentes
Title: City Manager

CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:._,t.W....JULL.:...:.....:....._:;:;2-o<;,__ ____ _
Nam" : an11ie L Q1,1inn
Title: ity Attorney • _
APPROVl=D AS TO FORM:

By: -----------, Name: _______ _
Title: City Attorney
APPROVED AS TO FORM:

By:~---------
Name: Rosa Tsongtaatarii
Title: Semi,or Depvty City Attorney
APPROVED AS TO FORM:

By:- _________ _
Name: Rich.ard E. Nosky, Jr.

Title: City Attorney •
APPROVE:D AS TO FORM:

By: ___ ____, ______ _
Name: Richard Taylor
Title: City Attorney
· 21
-_ TAC MEMORANDUM ()F AGREEMENT
- CITY OFMOUNTAINVll~W- -
- - -
Da_te:-'-_ --'--------"-------'--- APPROVED ASTO FORM:

By:_-__________ - --• By: __ --'----"-----'----'----'------ Name: Daniel -H. Rich Name : Jannie L. Quinn __
- Title: • City rv1anager . _ Title: City Attor~ey _ •

CITY OF PALO AL TO
APP
By: _ __,,_...,.._.«----""'--'-----.4----- - • E3y:'--· ~~.....;.....!'....:::::;~:_;.____,....;,;,,,,:=~---'--- Na - . . ~~me: • .ti\. _
Title • -~Ofitle: City Attorney

CITY OF SAN JOSE - -
Date: ----------
By:_·----------~
Name: Norberto Duenas
Title: DE!pyty City Manager _
. CITY OF SANTA CLARA
Date: - ·-----------
-> By: __ ~--~----
Name: Julio J. Fuentes
Title: City Manager -
- - -

CITY OF SARATOGA
. -
Date:_·-'--'----'-------,--~--------'-~
By:_•---,-----~-~
Name: : Dave Anderson_
Title: -City Manager -
5/6/13 -
-APPROVEDASTO FORM:
-• By:~----,-------
-_ Name: Ro.saTso·ngtaatarii
_ Title:Sen.iorDeputy City-Attorney
APPROVED AS TO FORM:
--By:-------~--
• • Name: Richard E. Nosky, Jr.
- _ -Title: City Attorney _
_ APPROVED AS TO FORM:
_- By:~----'--~----~--
Name: Richard Taylor
Title: City Attprriey
21 i"'
r
. -

TAC MEMORANDUM OFAGREEMENT
CITY OF MbUNTAIN\/IEW
By:__,--,--,---......,,....,,-,------
Name: OanielH. Elion
Title; Oify Manager
. CITYOFPALOA.LTO
a.Y:_· -----,;----~,---------.Namer James Keene
Title: bity Mshager

CITYOF SAN JOSE
By:~· 4~~~~~!:!!::=~L--
Nam ..

Title: Oepµ\y·Ctty: Mana9er
CiTY\OF SANTA CLARA
By:--'·~~---------
Name: .Jullo J. Fuentes
Title: City Manager
[)~te;'-------'-'----_,...,~----
$/6/l3
APPROVEBAS TO FORM:

B· ~Y• . . N~me : Jc;1nn.ie'.L 'Quinn
Title,: • City Afttir!'leY
ARPHQV~P:A$ .. TQ1FQ.P{M:·
B_y:_. ------------
Name: '---------'--
Ti tie: CifyAttorney
By:· .,....N:-.1..::A~-J{Jl-t...R-+~_...,,._ --= ... ~if=~- Tit _ ................. ·J\yAttorney
APPROV~P AS TQ FORM:

By:_.--------~-~
Name: Richarc:J E. No$kY, Jr.

Title: CityAfiqmey ••
APPROVED AS TO FORM:
• By:_---,,--------~
Nc1me:: Ricn_an:t Taylor •
Titl~: Qity Attorney
• • ............ >···•·· ... ••· <·· ·.··•·· >< ..................... · ..• • . . . . TAC MEMORANDUM OF AGREEMENT ••

CITY OF MOUNTAIN VIEW---
By: __ ~--~------'--
Name:: Daniell-I. Rich :
- Title: C City Manager _
-CITY OF PALO AL TO • -
- Date:> ;-,-,------,--,---------,--:-,-:----------,-------,---,--- By: __ ~~-~~----
-Name: James Keene
•=_Title: ::City Manager

CITY OF SAN JOSE
_ Date:_ -------------------'------
By:_-_---'------.--~--~--
Name: Norberto Duenas
Title:· Deputy City Manager
CITY OF SAl~TA CLARA _
-CITY OF ·sARATOGA
D~te: -~~..,......-~-----
By;----'-'--~--------~~---
Name: Dave Anderson
Title: City Manager
5i6!13
. . ,. .. . .

APPROVED AS T(J FORM: -
By:--,'----~~------
1\lanie : Jc31mie L. Quinn
Title: Qity Attorney -
. .

APPROV!=D AS .TO FORM:: ..
. 13y:_· __ --"--______ _
·Narrie:·---~---'-------
Ji tie: City Attorney -
..
- -APPROVED AS TO FQRM:
--- By:_·------------
- - Name : Rosa T songtaatarii
Title: SeniOr DepµW City:Attorney
• • . j
- APPR=oVED AS TO FORM:
,-
-By:_. -'---------,Rl---f.,..__......._---=--------=!F-=---- N_r--.-,..,....:..-=-~-- , Jr. -

T - - - -
. : . . . ;"
APPROVED AS TO FORM:
.By: __________ _
Name: Richard Taylor
Title: City Attorney
21 TAC MEMORANDUM QFABREEMENT
CITY OF MOUNTAIN\IIEVV
Oate:. ___ ,..........,.~;;.._,;,_...;....._;_...-'---'--- By:_., ----,..'"'---..,,..,...--,-------------------
Name: [>"~rrt,el H. Rich
Title: City Manager
CITY OP PALO:ALTO
Date:. · .. ,
By: _________________ _
Namet .James Keeme
Title:. City Manager
CITY OF SAN JOSE .

Date: __ ____,;.._.....__ ____ _
'By:--'-·. ---,---'-,'----,,-,.-,--,------""-----'-'-
Nallie: Norberto O·uenas
Title: Depµty City M~·nager

CITY OF SANTACLARA
• Date: -----------'-
By:_·-.,_,..-,--,---'-'-----------------,__-
Na01e: .Julio. J. Fuentes
.Title: City Manager

CITY OF SARATOGA
D• · 7 ;.. 2-r·:;_ Z-P I .,. · --ate:'--. _______ -.l-'--- By: PeJ ~
Name:· Dave Anderson
Title: City Manager
5/6/H •
-
APPROVE0.~STO FQR:fvk .

By: _ __,...___,__.,.....,-_-,----~
Name: Jannfe:L Q;1;1inn> ••
Tit!~: ·city AtthmeY •••
APPRO\/gtr~$J;QFQ.ijrof:

By:•_•_.....;....,,. _______________ ____
.Name: . .,...·-~-......,..----
Title:. City Attorney •
By'..'_• ,--------,..,,,.,.._-.------".'""""""'.:7~-.,,,,.-,-----'- Name ·: 1f{o$a.TsongilaatarlF •
• ritle:<.$e.nier. Deputy·C~y.Att~r~E3Y
APPROVED fX.S TO FORM:
•. , •• • "r' ,' , • •
--== 1.·
By-~ .. ~ ..•• --_
Name.; 'Richattd T0¥lAr
Title: -City Affemey •

TAC MEMORANDUM OFAGREEMENT

CITY OF SUNNYVALE
APPROVED AS TO FORM:

By: _ __,__u -+,...-(. -~ _~ ...,.._L-l _-_...oi -~---_-_~..,,_-By: J-o,~ ~ rv--== Name ers Name: Joan A. Borger
Title: . er . Title: •
5/6/13 22

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.

Zachary De Vine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Honie Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill
5/6/13
% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
23 % FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
24 TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a ~1igh level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's, associations,· etc.).
25 TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1.Scope of Work. The proposed Annual Workplan ar:,d Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Adr:pinistrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.

5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26

TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.

6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) ?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for eac.h. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4

CODE OF ETHICAL CONDUCT

2. All members shall remain aware that the activities of the TAC are funded by fees, raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by theTAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean {a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members .shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency.

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
5/6/13 28

TAC MEMORANDUM OF AGREEMENT

8. Members s_hall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, · donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain.

11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
.12. Members shall not seek or accept any contract to provide services to the TAC for a period of at· least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training bienr:,ially.

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5

PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT

TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.,; ,

1. As part of its re;view and approva,I of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following: ·
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstanc~s change during the year, or if there are other reasons to do so.

3. In the event the Fiscal Agent is also serving as the A<;tministrator, the IC shall direct the Fiscal Agent to transfer funds to th,e Contracting Agent for payment of the Administrator. The Contracting Agel)t shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the , Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the , Administrator, the Fiscal Agent and the Contra'cting Agent, as well as carrying out the duties of each.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/13 30

TAC MEMORANDUM OF AGREEMENT
9: At the end of the fiscal year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of s'uch funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
5/6/13 31

FIRST AMENDMENT TO AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
This FIRST AMENDMENT ("FIRST AMENDMENT") TO AGREEMENT CREATING THE SANTA

CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE ("AGREEMENT") is entered into and becomes effective on _________ ("Effective Date"), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILi.., a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation :of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARA TOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California. • All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."

RECITALS
WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC");
WHEREAS, pursuant to "Section Ill, Paragraph C. Attendance From A Remote Location" of the AGREEMENT, member participation in TAC's meetings virtually through teleconference technology was strongly discouraged;
WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing procedu·res and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in "Section Ill, Paragraph C. Attendance From A Remote Location" of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) ("Brown Act").

FIRST AMENDMENT
NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows:

1. Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

Page 1 ends

herein as Exhibit "1" shall remain in full force and effect except that the following amendment shall be made as set forth below. "Section Ill, Paragraph C. Attendance From A Remote Location" shall be amended and replaced in its entirety by the following:
"C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.

1. Definitions:

Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.

Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.

2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC's jurisdiction, posting the agendas at all Satellite Locations, and posting the members' Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member's separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.

In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC's jurisdiction.

The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.

First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

Page 2 of 6 ends

A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.

Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.

2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.

4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term "electronic copy of a signed agreement" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term "electronically signed agreement" means an agreement that is executed by applying a verified electronic signature using technology approved by the County.

5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.

6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

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IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above.

COUNTY OF SANT A CLARA, a political subdivision of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
President, Board of Supervisors
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
Deputy County Counsel
CITY OF CAMPBELL, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
City Attorney
CITY OF CUPERTINO, a municipal corporation of the State of California Approved as to Form:

Date: ___ _ Date: ___ _
By:------------- By:------------Name: ___________ _ Name: ___________ _ City Administrator/Manager City Attorney
CITY OF GILROY, a municipal corporation of the State of California Date: ____ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ------------City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California Date: ____ _
By:-------------Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ----By: ___________ _
Name: ___________ _
City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Date: -----By: ____________ _
Name: ___________ _
City Administrator/Manager
First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
Town Attorney

Page 4 ends

TOWN OF LOS GATOS, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: __________ _
Name: ___________ _
Town Attorney
CITY OF MILPITAS, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By:-----------Name: ___________ _
City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: __________ _
Name: ___________ _
City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: __________ _
Name: ___________ _
City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ____ _
By: ___________ _
Name: ___________ _
City Attorney
CITY OF PALO AL TO, a municipal corporation of the State of California Approved as to Form:

Date: Date: ___ _
By: _______________ By: _____________ _
Name: Name: ___________ _
City Administrator/Manager City Attorney
First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

Page 5 ends

CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form:

Date: Date: ----
By: ______________ By: ____________ _
Name: Name: ___________ _
City Administrator/Manager City Attorney
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Date: ___ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
City Attorney
CITY OF SARATOGA, a municipal corporation of the State of California Date: ___ _
By:-------------Name: ___________ _
City Administrator/Manager
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California Date: ____ _
By: ____________ _
Name: ___________ _
City Administrator/Manager
First Amendment to MOA revised 7-18-23
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
Approved as to Form:

Date: ___ _
By: ___________ _
Name: ___________ _
City Attorney

Page 6 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1204 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action Authorizing the County of Santa Clara to Update the Five-Year Permanent Local Housing Allocation (PLHA) Plan to Allocate an Additional $306,063 to Activity #6 for Assisting Persons Who are Experiencing or Who are at Risk of Homelessness and Adoption of a Resolution Delegating Authority to the City Manager to Direct the County to Add or Remove PLHA Activity Categories to the Consortium Agreement and the Five Year PLHA Plan that are Consistent with Goals in the Council Adopted Plans.

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On December 7, 2021, the City Council adopted a resolution authorizing the City Manager to negotiate and execute a Consortium Agreement with the County of Santa Clara (County), that authorized the County to submit funding applications to the State of California on the City’s behalf for the award of Permanent Local Housing Allocation (PLHA) Program funding. The resolution authorized the County to administer the City’s PLHA funds in accordance with State requirements and with the Consortium Agreement. PLHA allocations are based on the same formula used to award federal Community Development Block Grant (CDBG) funds to eligible communities in Federal Fiscal Year (FFY) 2017. While actual funding amounts are determined each year, the State has estimated the City of Santa Clara’s total five-year (2019-2023) PLHA allocation will be $2,876,946. These funds are distributed in five installments over the five-year period of the agreement.

The State requires jurisdictions and consortiums receiving PLHA funds to develop a five-year spending plan which identifies activities for which the funds will be used. PLHA funds may be used for any combination of the following ten activities.
· Activity #1: The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-, Very low-, Low-, or Moderate-income households, including necessary Operating subsidies. · Activity #2: The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
· Activity #3: Matching portions of funds placed into Local or Regional Housing Trust Funds. · Activity #4: Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. · Activity #5: Capitalized Reserves for Services connected to the preservation and creation of City of Santa Clara Printed on 10/20/2023Page 1 of 4
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23-1204 Agenda Date: 10/24/2023
new Permanent supportive housing.
· Activity #6: Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
· Activity #7: Accessibility modifications in Lower-income Owner-occupied housing. · Activity #8: Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. · Activity #9: Homeownership opportunities, including, but not limited to, down payment assistance.
· Activity #10: Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project.

In 2021, the City initially asked the County to allocate 100% of the City’s five-year PLHA funding toward PLHA Activity #1 (the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, affordable rental housing). Subsequently, through the City Council’s May 2, 2023 vote to commit funding for operations of the proposed Benton Lawrence interim family housing project, the City communicated to the County direction to allocate the City’s year three, year four, and year five PLHA funds ($1,569,568 in total) towards PLHA Activity #6. The City Council also provided direction to City staff at that time to make a budget amendment appropriating up to $5,500,000 from special revenue funds for operations of an interim shelter on a County owned property at the southeast corner of Benton Street and Lawrence Expressway.

On June 27, 2023, the City Council adopted the FY 2023/24 and FY 2024/25 biennial operating budget, allocating $5,124,369 from the City’s special housing funds towards operations for the interim shelter. Because of limitations on the availability of these special funds, the City did not allocate the full $5,500,000 as previously directed and staff stated that an additional $306,063 of PLHA funds would be allocated to Activity #6 to fulfill the prior City Council $5,500,00 funding commitment. The County of Santa Clara has indicated that City Council direction is needed before they can reallocate these additional PLHA funds to Activity #6. City Council approval of this item would constitute that direction.

DISCUSSION
To align with directions already taken by the City Council, staff is recommending that the City Council direct the County to allocate an additional $306,063 of the City’s PLHA funds for PLHA Activity #6.

PHLA Activity #6 funds are used to assist persons who are experiencing or at risk of homelessness and can be used to fund the operations of an interim housing project.

With this change, a total of $1,875,631 in PLHA funds would be available for a category of activities that include the City’s existing commitment to fund operations of the proposed interim housing project or other similar projects. Should the Benton Lawrence project not move forward, those funds could be used for other homelessness related programs or projects. This action will not increase the City’s overall commitment to the project.

The County can only amend its five-year PLHA plan once per year when the State issues a notice of City of Santa Clara Printed on 10/20/2023Page 2 of 4
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23-1204 Agenda Date: 10/24/2023
funding availability. The County must make these changes between September and December 2023, otherwise the City will have to wait until fall 2024 to update the plan and funds would not be available until spring of 2025. Delaying this action would limit the City’s ability to spend PLHA funding on the Benton Lawrence Family Interim Housing project and, if that project does not move forward, on alternate homelessness response activities such as RV safe parking.

The following tables provides an updated summary of the City’s proposed uses for the 2019-2023 PLHA funds.

Year Estimated Amount Proposed
Project
Expenditure
Deadline
2019 (less admin) $ 455,516 Civic Center Drive 4/30/24 2020 (less admin) $ 401,951 Activity #1 - TBD 4/30/25 2020 (less admin) $ 306,063 Benton/Lawrence Operations
4/30/2025
2021 (less admin) $ 779,148 Benton/Lawrence Operations
4/30/2026
2022 (Estimated less
admin)
$ 395,210 Benton/Lawrence
Operations
4/30/2027
2023 (Estimated less
admin)
$ 395,210 Benton/Lawrence
Operations
4/30/2028
Delegation of Authority on PLHA Activities
As noted above, the County’s five-year PLHA plan must include activity types that correspond to the programs the City wishes to fund. The current process for adding or removing activities to this plan is complex and requires coordination around City, County and State agency timelines. To simplify this process and save staff time, staff recommends that the City Council delegate to the City Manager the authority to direct the County to add or remove activities on behalf of Santa Clara in the five-year PLHA plan, subject to final review and approval of such changes by the Office of the City Attorney.

Such changes would need to be consistent with goals stated in a City Council adopted plan including but not limited to the Housing Element, the HUD Consolidated Plan, or the local homelessness response plan. City Council approval would still be needed to allocate PLHA funds over $250,000 to specific programs or projects.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The City’s allocation of PLHA funds is administered by County of Santa Clara and restricted for use by the eligible uses contained in the agreement. The City directs how the City’s portion of the annual PLHA allocations should be used for specific projects or programs. This action does not impact the City of Santa Clara Printed on 10/20/2023Page 3 of 4
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23-1204 Agenda Date: 10/24/2023
City’s budget.

COORDINATION
This report was coordinated with City Manager’s Office, City Attorney’s Office, Department of Finance, and Department of Community Development.

RECOMMENDATION

1.) Action Authorizing the County of Santa Clara to Update the Five-Year Permanent Local Housing Allocation (PLHA) Plan to Allocate an Additional $306,063 to Activity #6 for Assisting Persons Who are Experiencing or Who are at Risk of Homelessness.

2.) Adopt a resolution delegating to the City Manager the authority to make amendments to the PLHA Consortium Agreement and directing the County to add or remove activities in the five- year PLHA plan on behalf of the City of Santa Clara, that are consistent with goals stated in a City Council adopted plan including but not limited to the Housing Element, the HUD Consolidated Plan, or the local homelessness response plan. City Council approval would still be required to allocate PLHA funds over $250,000 to specific programs or projects. All amendments and agreement will be subject to final review and approval of such changes by the Office of the City Attorney.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. PLHA Consortium Agreement with Santa Clara County

2. Resolution
City of Santa Clara Printed on 10/20/2023Page 4 of 4
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DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D

PERMANENT LOCAL HOUSING ALLOCATION

CONSORTIUM AGREEMENT

BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SANTA CLARA FOR THE PERIOD OF DECEMBER 15, 2021 TO JUNE 30, 2026, AND

SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED
This Permanent Local Housing Allocation Consortium Agreement ("Agreement"), dated for reference purposes only as of December 15, 2021, is made by and between the City of Santa Clara (hereinafter referred to as "City") and the County of Santa Clara, a political subdivision of the State of California (hereinafter referred to as "County"), acting as the lead entity for the County of Santa Clara Urban County Program, which program consists of the unincorporated areas of Santa Clara County and the cities of Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga (hereinafter collectively referred to as the "Urban County" and of which the seven cities only, excluding County, are hereinafter collectively referred to as "Urban County Cities"), relating to implementation of housing and homelessness activities funded by the State of California for Permanent Local Housing Allocation program funds, as defined below.

RECITALS
WHEREAS, in 2017 Chapter 364, Statutes of 2017 (SB 2), authorized by Health and Safety Code section 504 70, which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (hereinafter referred to as "PLHA") program, was enacted, the primary objective of which is to create a permanent source of funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities; and WHEREAS, the PLHA Final Guidelines (hereinafter referred to as the "Guidelines"), dated October 2019, implement, interpret, and make specific the PLHA program and establish the terms, conditions, and procedures for local governments to submit applications to the California Department of Housing and Community Development (HCD) for PLHA funds; and WHEREAS, under the PLHA program, City and County are each considered an Eligible Applicant (as defined in Section 300 of the Guidelines) to receive PLHA funding under the Entitlement Formula Component, which distributes funding to metropolitan cities and urban counties that were allocated a grant for federal fiscal year 2017 pursuant to the federal Community Development Block Grant formula specified in 42 USC section 5306; and WHEREAS, the Guidelines authorize an Eligible Applicant to delegate another Eligible Applicant to submit an application and administer on its behalf its formula allocation of PLHA funds provided that the entities enter into a legally binding agreement and the funds are expended for eligible activities consistent with PLHA requirements; and DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9O WHEREAS, City wishes to delegate authority to County to submit an application and administer the funding on City's behalf; and
WHEREAS, County wishes to accept the delegation of authority from City to apply for and administer City's PLHA allocation and serve as the administrator (hereinafter the "Administering Local Government") responsible for all PLHA requirements; and WHEREAS, it is the desire of City and County to enter into this Agreement and, along with the City of Cupertino and the City of Gilroy, create the Santa Clara County PLHA Conso1iium for the purpose of implementing the objective of addressing unmet housing needs (the City, along with the City of Cupertino and the City of Gilroy, may be referred to herein as the "Consortium Cities"); and
WHEREAS, it is the desire of City and County that this Agreement be renewed every five years.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. RECITALS. The above recitals are true and correct and incorporated herein.

2. CREATION OF SANTA CLARA COUNTY PLHA CONSORTIUM. By entering into this Agreement the City and County agree to be part of the Santa Clara County PLHA Conso1iium (the "PLHA Consortium") for the purpose of receiving PLHA funds and unde1iaking affordable housing activities within the areas served by the PLHA Consortium, which includes the City of Cupe1iino, Gilroy, Santa Clara and the Urban County. City understands and agrees that City will not be eligible for a separate PLHA allocation from HCD during any time City is pa1iicipating in the PLHA Consortium, and City may not withdraw from the PLHA Conso1iium until the end of the term of this Agreement.

3. TERM OF AGREEMENT. The term of this Agreement shall commence on the later of December 15, 2021 and the Effective Date and shall expire on June 30, 2026 (such period hereinafter referred to as the "Initial Term"), subject to renewal for successive five-year periods pursuant to section 4 (the Initial Term and any renew thereof may be referred to as the "Term"). The Initial Term is intended to cover revenues collected under SB2 and allocated to the PLHA program by HCD during Calendar Years 2019, 2020, 2021, 2022 and 2023.

4. RENEWAL; EXPIRATION; TERMINATION. The Term of this Agreement shall automatically renew for subsequent periods of five years each unless either paiiy gives the other written notice of nonrenewal at least thirty (30) days prior to expiration of the current Term.
2 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D Should City or County wish to withdraw from the PLHA Consortium and terminate this Agreement during the Term, both parties agree that termination is subject to approval by HCD and both parties agree to take necessary steps required by HCD to effectuate the termination. Should approval not be provided by HCD, City and County agree that they cannot withdraw and this Agreement cannot be terminated until the end of the current Term.

5. AMENDMENTS. Notwithstanding anything to the contrary in this Agreement, if amendments to this Agreement are necessary solely to meet requirements identified in any communication published and/or issued by HCD or required under the PLHA program, City and County agree that County is authorized to amend this Agreement to comply with such requirements ( herein referred to as "PLHA Amendment") County shall provide thirty (30) days' notice of any PLHA Amendment to City as set forth in section 11. County shall provide additional advance notice to City of any PLHA Amendment to the extent practicable. City's failure to object to the PLHA amendment within thirty (30) days of receipt of notice shall be deemed an acceptance of the proposed amendment. Except as set forth in this section and section 15.3, all other amendments to this Agreement must be approved in writing by City and County.

6. PROGRAM ADMINISTRATION. County shall serve as the Administering Local Government, as the term is used in the Guidelines, under this Agreement. County shall assume overall responsibility for submitting applications for funding and administering PLHA programs in accordance with the Guidelines. County shall be specifically responsible for the following:

6.1 RESPONSIBILITIES OF COUNTY

6.1.1 Preparation and submission to HCD of the application in compliance with section 302(c) of the Guidelines, PLHA Plan in accordance with section 302(c)(4) of the Guidelines, and all other documents necessary for the PLHA Consortium to qualify and receive allocations of PLHA funding to carry out the purposes of this Agreement;

6.1.2 Preparation of amendments to the PLHA Plan, in consultation with City, pursuant to section 302( c )(5) of the Guidelines;

6.1.3 Execution of the Standard Agreement with HCD for PLHA funding;

6.1.4 Administration of the development of funding recommendations to be discussed with the PLHA Consortium and development of a set of recommendations for funding to County's Board of Supervisors, which holds final approval responsibilities;

6.1.5 Contract preparation, management, and monitoring during activity implementation, affordability period, and record retention period of all activities funded with PLHA;

6.1.6 Financial compliance with PLHA program requirements, including compliance with all set-aside requirements; and receipt, disbursement, 3 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D and accounting of all PLHA program funds, and program income generated by activities funded;

6.1. 7 Achieve and maintain compliance of its Housing Element as determined by HCD and submittal of Housing Element Annual Progress Reports (APRs) to HCD. Housing Element compliance and submission of Housing Element APRs are PLHA threshold requirements under section 302 of the Guidelines;

6.1.8 Preparation and submission of a PLHA Plan detailing proposed uses of PLHA funding for each upcoming five-year term or other subsequent document as required by HCD, in collaboration with City;

6.1.9 Submission of all reports, including the PLHA Annual Report on a form to be provided by HCD, and data as may be required by HCD, including but not limited to those detailed in section 503 of the Guidelines; and

6.1.10 Technical assistance on all aspects of the PLHA program.

7. CITY RESPONSIBILITIES. City shall take all actions necessary to comply with the PLHA program and applicable state laws and regulations as they relate to its activities located within the City. City shall be specifically responsible for the following:

7.1 RESPONSIBILITIES OF CITY
7 .1.1 Cooperate with County, prepare and supply information to be included in the PLHA application and PLHA Plan;

7.1.2 Prepare and supply in a timely manner information as required by HCD on housing programs and plans within City;

7.1.3 Achieve and maintain compliance of its Housing Element as determined by HCD and submittal of Housing Element APRs to HCD. Housing Element compliance and submission of Housing Element APRs are PLHA threshold requirements under section 302 of the Guidelines.

8. CONTRACT ADMINISTRATION. The County Executive Officer or his or her designee shall be the County administrator and shall administer this Agreement on behalf of County. City's City Manager shall administer this Agreement on behalf of City.

9. RECORDS AND REPORTS. County shall maintain records as required by HCD. All records, including but not limited to records identified section 501 of the Guidelines, shall be open and available for inspection by auditors assigned by HCD and/or City during normal business hours of County. City shall submit such rep01is and information as may be necessary for County to fulfill its obligations as administrator of the PLHA Cons01iium.

10. INDEMNIFICATION AND INSURANCE.

10.1 INDEMNIFICATION
4 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between City and County pursuant to California Government Code section 895.6, City and County agree that all losses or liabilities incurred by either City or County shall not be shared pro rata but instead City and County agree that pursuant to California Government Code section 895.4, each shall fully indemnify and hold the other, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code section 810. 8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, 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 other patiies to this Agreement, 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 patiies under this Agreement.

10.2 INSURANCE
Each patiy shall maintain its own insurance coverage, through commercial 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.

11. NOTICE. Any and all notices pursuant to, or in fmiherance of the purposes of, this Agreement shall be deemed delivered if personally served upon the County Executive Office of County or upon the City Manager's Office of City or if sent via the United States Postal Service, postage prepaid:

Directed to County, addressed as follows:

Director
Office of Suppotiive Housing
County of Santa Clara
2310 N. First Street, Suite 201
San Jose, CA 95131
Directed to City of Santa Clara, addressed as follows:

City Manager
City of Santa Clara
1500 Warbmion Avenue
Santa Clara, CA 95050

12. DISTRIBUTION OF FUNDS. Funds available on an annual basis for PLHA activities will equal the amount of the annual allocation of PLHA funds to the PLHA Conso1iium 5 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D less 5% of the total annual allocation for administrative costs in accordance with Article V of the Guidelines.

Program income received in a Calendar Year or funding that was returned (through loan repayments, return of unused funds, or otherwise) from any prior Calendar Year may be added to the amount to be made available for PLHA-assisted activities in any given year, in compliance with the BCD-approved Program Income Reuse Plan. Notwithstanding the foregoing, County has and retains the right to reallocate uncommitted funds (that is, funds that are not allocated to an eligible activity) or funds committed to PLHA activities that are not progressing in compliance with PLHA program requirements to other activities to ensure compliance with section 300(e) of the Guidelines and ensure that the PLHA Consortium is eligible to receive annual allocations of PLHA.

There will be no guaranteed minimum nor maximum amount of funding allocated to County or any Consortium City or to activities located within County or any Consortium City.

12.1 PLHAFUNDING CYCLE
The PLHA Consortium will utilize the County's existing solicitation process to identify multifamily affordable and supportive housing rental housing and homeownership opportunities. Specifically, the over-the-counter Suppo1iive Housing Development Program Notice of Funding Availability will be utilized to identify development proposal or consideration. All proposals must be submitted directly to the County. The County through the Office of Suppo1iive Housing will provide a recommendation to the PLHA Conso1iium for consideration. Services provided to the homeless will be consistent with the 2020 - 2025 Community Plan to End Homelessness, the recommendations from the 2020 Countywide Unhoused Task Force, and the Santa Clara County Continuum of Care Quality Standards.

County will request a list of activities from the Consmiium Cities every February for PLHA-assisted activities. Each Consortium City reserves the right to establish such list through a formal action or discussion at the City Council level. The County intends to establish a funding cycle calendar which delineates the steps the PLHA Consmiium will take and deadlines for activities to be considered for an award of PLHA funding. County reserves the right to determine threshold eligibility of proposed activities and to work with the PLHA Consmiium on developing a set of recommendations that are not administratively burdensome. To that end, the PLHA Consmiium agrees to establish a minimum award of $100,000 for any approved activity.

Prior to final approval of the funding recommendations by County's Board of Supervisors, which shall take place during a regularly scheduled Board of Supervisors meeting, County will make available for review and comment by the Consmiium Cities the following information: a description of the proposed activities to be unde1iaken and 6 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D preliminary allocations of funding. Each Consortium City shall have 21 calendar days after the information is made available to request revisions to the funding recommendations. In the event that a revision is requested, a committee will be convened, with up to one representative from each Consortium City that chooses to participate, to discuss, determine and approve the final funding recommendations. The committee shall adhere to established funding priorities and consider threshold eligibility as well as each activity's readiness, when making final funding recommendations to the Board of Supervisors.

12.2 ADMINISTRATIVE FEES
Pursuant to section 301(6) of the Guidelines, HCD permits a jurisdiction to retain up to 5% of each annual PLHA allocation for the administration of the PLHA program.

County, as the Administering Local Government, will retain the administrative set-aside to offset the costs of administering the PLHA program. No administrative funds will be allocated to any Conso1iium City.

12.3 EXCLUSION OF FUNDS
This Agreement applies only to those funds received under the PLHA program and program income generated by PLHA funds. This Agreement does not apply to or control funds other than those described in this section.

12.4 PLHA CONSORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS
If PLHA funds are not awarded to the PLHA Consortium by HCD or if this Agreement is terminated or suspended, County has no obligation to provide PLHA funding.

13. ELIGIBLE ACTIVITIES. The PLHA Consortium recognizes the creation and preservation of affordable housing in Santa Clara County and assistance to persons who are experiencing or At-risk of homelessness as high priorities. The implementation of the programs will be determined by County upon consultation with the Cons01iium Cities and will depend upon the availability of funding to operate the program and the administrative capacity of County and/or subcontractor(s).

The following eligible activities under the PLHA program were selected by the City to address the lack of housing availability and affordability in Santa Clara County and are the focus of the Initial Term of the PLHA program administered by County:

Consortium Members agree to the following:
13 .1 Cities may direct that all or a p01iion of their annual PLHA allocation be used for specific use(s) to benefit their respective city or pool their funds with other Conso1iium Funds to fund eligible uses countywide, provided that no one eligible use will utilize less than the lesser of the city's total allocation for that Fiscal Year, or $100,000. As such the City of Santa Clara directs that their annual PLHA allocation be used for the following specific use(s):
7 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D 13 .1.i 100% of the City of Santa Clara's annual PLHA allocation, minus the five ( 5%) administrative fee, will be directed to, pursuant to section 30l(a)(l) of the Guidelines, the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households (pursuant to section IOl(c)(l) and (3) as of the Guidelines), including necessary operating subsidies.

13.1.ii
Cities may save or "bank" their annual allocation(s) for use in a future year for an eligible use within their city, up to a total of three years' allocation. If, after three years of banking its funds, the City has not identified eligible use(s) for the City's Funds; the County will work with the City to identify alternative eligible projects.

14. PROGRAM INCOME REUSE PLAN. As required by HCD, PLHA program income will be governed by a Program Income Reuse Plan and utilized for eligible activities as set forth in section 301 of the Guidelines. The Program Income Reuse Plan will be prepared by County and approved by H CD.

In the event the PLHA Consortium is dissolved, and County continues to manage a PLHA program, remaining program income as well as any program income subsequently received from activities undetiaken by the PLHA Consmiium may be used for the activities of County's PLHA program. In the event the PLHA Conso1iium is dissolved and County does not continue to manage a PLHA program, remaining PLHA and program income subsequently received from activities unde1iaken by the PLHA Conso1iium will be reallocated in accordance with the Program Income Reuse Plan or at the direction of HCD.

15. NEW MEMBERS. New members to the PLHA Conso1iium may be allowed upon receipt of a request made to County to join the PLHA Consotiium as provided for below.

15.1 AUTHORIZING RESOLUTIONS
Each request to join the PLHA Consortium must be accompanied by a certified copy of the authorizing resolution by the governing body of the requesting jurisdiction.

15.2 AVAILABILITY OF PLHA FUNDS
PLHA funds shall not be available to a new member of the PLHA Conso1iium until the year in which HCD includes that jurisdiction in its calculations for distribution of PLHA funds.

15.3 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS
County is authorized to amend this Agreement on behalf of City and County to add a new member to the PLHA Conso1iium except that County shall notify City as soon as practical but no less than two months in advance of an addition of a new member, and if County receives written notice from City that such City wishes a meeting to discuss the 8 DocuSign Envelope ID: 33965C2C-A093-4490-82A4-DD0F70C28A9D matter, a meeting thereupon will be held by County with regard to such potential new membership.

16. AUTHORITY TO JOIN PLHA CONSORTIUM. County and City each hereby certify that it is authorized to enter into this Agreement.

17. COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UNDER PLHA.

City and County agree to cooperate to unde1iake or to assist in the unde1iaking of housing assistance activities for the PLHA program.

18. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in multiple counterpaiis, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (U ETA). The counterpaiis of this Agreement may be executed and delivered by electronic signature by either of the paiiies and the receiving party may rely on the receipt of such document so executed and delivered electronically as if the original had been received.

IN WITNESS WHEREOF, City and County have executed this Agreement as of the dates set fmih below.

COUNTY OF SANTA CLARA
G:~~~~-1 ..

By 083U4Al~-------
Consuelo Hernandez, Director
12/22/2021
Date ----------

APPROVED AS TO FORM AND
LEGALITY:
ci:i::·~ws
F889A27G09[~

KAREN WILLIS
Deputy County Counsel
9 CITY OF SANTA CLARA
If DocuSlgned by:

By ~~~AAe~ruo~fAF:1--.. ~----'------------
Name: Cynthia Bojorquez
Title: Assistant City Manager
12/22/2021
Date: ---------

APPROVED AS TO FORM AND
LEGALITY:

DocuSlgned by:

Suj 04 A ...

Office of the City Attorney
Date 12/21/2021

Page 1 of 3 ends

Rev: 7/27/23

RESOLUTION NO. 23-

A RESOLUTIO N OF THE CITY OF SANTA CLARA,

CALIFORNIA, DELEGATING AUTHORITY TO THE CITY

MANAGER TO MAKE AMENDMENTS TO THE PLHA

CONSORIUM AGREEMENT AND DIRECT COUNTY

REGARDING THE ADDITIONAL OR REMOVAL OF

ACTIVITES IN THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PROGRAMS

WHEREAS, the State of California, Department of Housing and Community Development (Department) is authorized to provide up to $195 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation (PLHA) Program Entitlement Jurisdiction Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); WHEREAS, the Department issued Permanent Local Housing Allocation Final Guidelines (PLHA Program Guidelines) in October 2019; and WHEREAS, the State of California, Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) dated February 26, 2020, under the Permanent Local Housing Allocation Program;
WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the PLHA Program Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
WHEREAS, the City of Santa Clara is an eligible local government to receive annual allocations of PLHA funds and may apply to the Department for the City's allocation of PLHA funds, or the City of Santa Clara may participate in a local consortium and delegate another entity to apply for and administer the City's allocation of PLHA funds in accordance with Article Ill Section 300 (c) of the Program Guidelines;

Page 2 of 3 ends

Rev: 7/27/23

WHEREAS, o n D e c e m b e r 7th , 2 0 2 3 , the City of Santa Clara agreed to participate in a County of Santa Clara PLHA Consortium and entered into a PLHA Consortium Agreement to authorize the County of Santa Clara, as the Administering Jurisdiction, to apply for and administer PLHA funds on the City's behalf pursuant to the terns of the PLHA Consortium Agreement;
WHEREAS, the County, as the Administering Jurisdiction, is responsible for all PLHA program requirements;
WHEREAS, the County’s five-year PLHA plan must include activity types that correspond to the programs the City wishes to fund which requires the adding or removing activities to this plan is complex and requires coordination around City, County and State agency timelines; and
WHEREAS, to meet these agency timeframes, it is recommended that the City Manager be delegated authority to make amendments to the agreement and direct the County to add or remove activities on behalf of Santa Clara in the five year PLHA plan for changes that do no exceed $250,000 so long as it is consistent with a Council adopted plan.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby delegates to the City Manager the authority to make amendments to the PLHA Consortium Agreement and direct the County to add or remove activities in the five year PLHA plan on behalf of the City of Santa Clara, that are consistent with goals stated in a City Council adopted plan including but not limited to the Housing Element, the HUD Consolidated Plan, or the local homelessness response plan.

2. That City Council approval is required for allocation of PLHA funds that exceed $250,000 to specific programs or projects.

Page 3 of 3 ends

Rev: 7/27/23

3. That all amendments and agreements will be subject to final review and approval of such changes by the Office of the City Attorney.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION

PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF ___________, 2023 BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1178 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Section 1310 of the Santa Clara City Charter, (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, Silicon Valley Power (SVP) developed a position called Fiber Splicing Technician as an in- house position to primarily perform maintenance and repairs to meet the fiber performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning, and positioning fiber optic equipment for new connections to the fiber network. Fiber Splicing Technicians also perform fusion splicing at building entrances and in maintenance spaces. Currently, SVP employs two Fiber Splicing Technicians.

DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. The Fiber Splicer Technician performs a variety of specialized activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.

Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.

City of Santa Clara Printed on 10/20/2023Page 1 of 4
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23-1178 Agenda Date: 10/24/2023
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings.

Therefore, staff recommends that the City Council declare and determine that City forces can better perform the following fiber optic projects and approve the use of City forces for such projects:

Estimate Number: FWM#1599
Location: 1350 Duane Ave, 3045 Raymond St, 1100 Space Park Dr, and 1380 Kifer Rd Type of Service: Fiber Decommission
Description of Work: Decommission existing dark fiber route from 1350 Duane - 3045 Raymond - 1100 Space Park - 1380 Kifer to end a fiber lease contract.

Estimated Cost: $2,156
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1349
Location: Memorex Junction Substation
Type of Service: Electric Utility Infrastructure
Description of Work: Splice, terminate and test fiber for Memorex Junction Substation & Direct Fiber for Protection for customer SVP.

Estimated Cost: $21,492
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1491
Location: Bowers Avenue Junction Substation
Type of Service: Electric Utility Infrastructure
Description of Work: Splice, terminate and test fiber for Bowers Avenue Junction Substation & Direct Fiber for Protection for customer SVP.

Estimated Cost: $15,430
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1058
Location: Well 18-02 - 2593 Cabrillo Ave (W&S SCADA)
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at Well 18-02 for customer Water Department.

Estimated Cost: $9,914
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
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23-1178 Agenda Date: 10/24/2023
Estimate Number: FWM#1060
Location: Well 22-02 - 1265 Pomeroy Ave (W&S SCADA)
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at Well 22-02 for customer Water Department.

Estimated Cost: $5,511
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) Section 15302(c) (Class 2 - Replacement or Reconstruction) as the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and (2) Section 15303 (d) (Class 3 - New Construction or Conversion of Small Structures), because the proposed work involves the construction of a limited number of small fiber utility facilities.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $54,503, are included in the Fiscal Year 2023/24 Budget, Fiber Development, Design, and Expansion project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 1350 Duane Avenue, 3045 Raymond Street, 1100 Space Park Drive, and 1380 Kifer Road; Memorex Junction; Bowers Avenue Junction Substation; Well 18-02 - 2593 Cabrillo Avenue City of Santa Clara Printed on 10/20/2023Page 3 of 4
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23-1178 Agenda Date: 10/24/2023
(W&S SCADA); and Well 22-02 - 1265 Pomeroy Avenue (W&S SCADA) are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager
City of Santa Clara Printed on 10/20/2023Page 4 of 4
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1105 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Approving the 2024 Planning Commission Calendar of Meetings

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City Charter (Article X, Section 1003) and City Code Section 2.120.020(d) state that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council.

DISCUSSION
At the August 23, 2023 Planning Commission meeting, the Commission recommended the proposed 2024 schedule of meetings (Attachment 1), which includes 13 meetings to be held on Wednesdays at 6 p.m. No meetings are scheduled for July, however, there are two meetings scheduled each for the months of January and October.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a government organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense to set the meetings.

COORDINATION
This report was coordinated with the City Attorney’s Office.

RECOMMENDATION
Adopt a Resolution approving the 2024 Planning Commission Calendar of Meetings.

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23-1105 Agenda Date: 10/24/2023
Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution Approving 2024 Calendar of Meetings

2. 2024 Planning Commission Calendar of Meetings
City of Santa Clara Printed on 10/20/2023Page 2 of 2
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Schedule of Meetings
2024

PLANNING COMMISSION

CITY COUNCIL CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050

Regular meetings are held on Wednesday evenings, beginning at 6:00 p.m., in the City Council Chambers at 1500 Warburton Avenue, Santa Clara, in accordance with the following schedule.

Meeting Dates

January 10, 2024

January 31, 2024

February 21, 2024

March 6, 2024

April 24, 2024

May 22, 2024

June 12, 2024
August 21, 2024

September 11, 2024

October 9, 2024

October 23, 2024

November 6, 2024

December 4, 2024

Approved at 8/23/23 PC Meeting

I:\PLANNING\Planning Commission\PC 2024\PC Meeting Calendar 2024.docx

Resolution/PC Calendar of Meetings 2024 Page 1 of 1
Rev: 11/22/17

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING THE 202 4 PLANNING COMMISSION CALENDAR

OF MEETINGS

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, on August 23, 2023, the Planning Commission recommended to the City Council its meeting schedule for 2024.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby approves the 2024 Planning Commission Schedule of Meetings, attached hereto.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. 2024 Planning Commission Meeting Schedule
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1145 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Approving the 2024 Historical and Landmarks Commission Calendar of Meetings

COUNCIL PILLAR
Enhance Community Engagement and Transparency

DISCUSSION
At the September 7, 2023 Historical and Landmarks Commission meeting, the Commission recommended the proposed 2024 schedule of meetings (Attachment 2), which includes 11 meetings to be held on Thursdays at 6 p.m. No meeting is scheduled for July.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a government organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense to set the meetings.

COORDINATION
This report was coordinated with the City Attorney’s Office City of Santa Clara Printed on 10/20/2023Page 1 of 2
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23-1145 Agenda Date: 10/24/2023

RECOMMENDATION
Adopt a Resolution approving the 2024 Historical and Landmarks Commission Calendar of Meetings.

Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution Approving 2024 Calendar of Meetings

2. 2024 Historical and Landmarks Commission Calendar of Meetings City of Santa Clara Printed on 10/20/2023Page 2 of 2
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Resolution/HLC Calendar of Meetings 2024 Page 1 of 1
Rev: 11/22/17

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING THE 202 4 HISTORICAL AND LANDMARKS

COMMISSION CALENDAR OF MEETINGS

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, on September 7, 2023, the Historical and Landmarks Commission recommended to the City Council its meeting schedule for 2024.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby approves the 2024 Historical and Landmarks Commission Schedule of Meetings, attached hereto.

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. 2024 Historical and Landmarks Commission Meeting Schedule

HISTORICAL AND LANDMARKS COMMISSION

CITY COUNCIL CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050

Schedule of Meetings
2024

Regular meetings are typically held on the first Thursday of each month at 6:00 p.m. in the City Council Chambers at City Hall. If you have any questions, please contact the Planning Division at (408) 615-2450.

Meeting Dates

January 4, 2024* August 1, 2024

February 1, 2024 September 5, 2024

March 7, 2024 October 3, 2024

April 4, 2024 November 7, 2024

May 2, 2024 December 5, 2024

June 6, 2024

* Meeting reserved for time sensitive projects only

Adopted by the Historical and Landmarks Commission on September 7, 2023

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1076 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Informational Report on 2023 Q3 Legislative Updates

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.

The Council is required to annually adopt or update LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the LAP Policy’s legislative guiding principles. On March 21, 2023, the City Council adopted eleven (11) LAPs for 2023 on the following key issues:
· Broadband, Cable Services, and Wireless Facilities
· Community Services
· Emergency Management
· Energy Legislation, Regulations and Issues
· Housing
· Human Resources and Public Sector Employment
· Public Safety (Further Amended on July 11, 2023)
· Regional Issues and Collaboration
· Sustainability and Environmental Protection
· Transportation Issues
· Water Supply and Conservation
The LAP Policy includes the following procedures that streamline the City’s legislative review and advocacy process:
· If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City.
· In order to keep the Council informed of all City communications on legislation, copies of the City of Santa Clara Printed on 10/20/2023Page 1 of 3
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23-1076 Agenda Date: 10/24/2023
letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.
· Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to Council and departments.

In coordination with staff, the City’s legislative advocacy consultant, Townsend Public Affairs, Inc. (Townsend), tracks and monitors legislation and advocates the City’s position on various legislation at the State and federal levels of government. This report provides an update on such efforts.

DISCUSSION
A 2023 Q3 Legislative Update prepared by Townsend summarizes key state and federal updates that have occurred since the last quarterly update on July 11, 2023 (Attachment 1). Townsend has also provided a 2023 Q3 legislative tracking matrix that outlines key State legislation that staff and Townsend are tracking (Attachment 2). The bills are grouped under their respective LAP and a summary has been provided for each bill.

City action on 2023 Q3 legislative items is documented in the 2023 Q3 Legislative Action Summary (Attachment 3), along with copies of legislative letters, as required by the LAP Policy to provide copies of the letters or a summary of actions to Council. The attachment includes two letters dated April 11, 2023 that were inadvertently left off the 2023 Q2 Legislative Action Summary.

FISCAL IMPACT
The City has an existing agreement with Townsend Public Affairs for state and federal legislative advocacy services. These services are included at no additional cost as part of the consultant’s monthly service fee.

COORDINATION
This report has been coordinated with Townsend Public Affairs and the City Attorney’s Office.

City of Santa Clara Printed on 10/20/2023Page 2 of 3
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23-1076 Agenda Date: 10/24/2023

RECOMMENDATION

1. Note and file the informational report on 2023 Q3 legislative updates.

Prepared by: Christine Jung, Assistant to the City Manager Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. 2023 Q3 Legislative Update by Townsend

2. 2023 Q3 Legislative Tracking Matrix

3. 2023 Q3 Legislative Action Summary
City of Santa Clara Printed on 10/20/2023Page 3 of 3
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M E M O R A N D U M

To: City of Santa Clara

From: Townsend Public Affairs
Casey Elliott, Vice President

Date: October 24, 2023

Subject: Q3 Legislative Update

The month of September saw the Legislature complete their work for the first year of the 2023-24 Legislative Session. The Legislature conducted all final policy and fiscal committee hearings, as well as floor votes, and sent hundreds of bills to the Governor for his consideration. The Legislature will remain on Interim Recess until they reconvene for the second year of the two-year session on January 3, 2024.

Overview of the 2023 Legislative Year

September 14
th marked the final night of the 2023 Legislative Session, marking the end of the first year of the two- year 2023-24 legislative session. The 2023 legislative year was shaped by a number of dynamics, including a record number of freshman legislators, leadership changes in both houses, and the highest number of bill introductions in over a decade. In the final week of the Session alone, the Legislature had more than 700 bills that were still active and pending consideration. This set the stage for a frenetic pace of activity, with the Legislature determined to act on a number of consequential policy issues, including behavioral health reform, public safety reforms, conservatorship expansion, and proposed constitutional amendments that would enhance and protect local revenue sources.

The Legislature decided the fate of a number of bills important to local governments in its final days of session. Of the 3,038 bills introduced this year, the Legislature passed close to 1,100 measures. As of September 18
th, the Governor has signed 476, vetoed 3, and still has 847 bills to consider before the October 14th deadline to act on measures. During Governor Newsom’s first four years in office, he vetoed between 7.9% and 16.5% of the bills sent to his desk each year for action. Governor Newsom’s vetoes typically trend with concerns about a lack of state resources to effectively support the implementation of measures. It is anticipated that his vetoing of measures from the 2023 Legislative Session will follow a similar pattern.

The end of the 2023 Legislative Session also marked the beginning of Interim Recess. The Legislature will resume the second half of the 2023- 24 Legislative Session on January 3, 2024.

In the coming months, lawmakers are expected to return to their districts to meet with constituents and local stakeholders, hold staff retreats to determine policy priorities for the next year, and participate in informational hearings in preparation for major policy reforms anticipated next year.

Looking forward, there are over 400 measures that did not meet specified deadlines for passage in 2023 and were held as “2 -Year Bills.” Th ese measures will be eligible for consideration in

January 2024 and may be re- integrated into the legislative process along with other measures introduced at the beginning of the new session.

Below is an overview of priority measures and events acted upon during the 2023 Legislative Session.

Behavioral Health Reform

This year, Governor Newsom and Legislative Leaders made overhauling the State’s existing behavioral healthcare infrastructure a top priority. The Behavioral Health Reform Package, comprised of the Mental Health Services Act (MHSA) policy reforms contained within SB 326

(Eggman) and the $6.38 billion bond proposal to support residential care facility construction contained within
AB 531 (Irwin), passed the Legislature in the final days of Session and will appear on the March Primary ballot.

SB 326 includes amendments to the MHSA originally passed by the voters nearly 20 years ago.

The changes proposed in SB 326 would have a considerable and long-term impact on how funds are allocated to support the provision of behavioral health services in communities, by prioritizing spending on housing solutions and expanding the pool of individuals eligible for services to include substance use disorders as qualifying criteria.

AB 531, if approved by the voters at the March 5, 2024, statewide primary election, authorizes the issuance of $6.38 billion in general obligation bonds to finance loans or grants for the acquisition of capital assets for the conversion, rehabilitation, or new construction of permanent supportive housing and behavioral health infrastructure. The bill specifies $1.5 billion of the total to be awarded specifically to cities, counties, and tribes for programs across the continuum of behavioral health treatment resources. The measure also includes language to streamline the development of behavioral health infrastructure via a by-right process.

In addition to the behavioral health reform package headed for the ballot, the Legislature considered reforms introduced by Senator Eggman to expand the definition of “gravely disabled” under the state’s conservatorship process and improve data collection requirements to better track the use and need of the state’s behavioral health supportive resources.

Ultimately, SB 43
(Eggman), which expands the definition of “gravely disabled,” for purposes of involuntarily detaining to include a severe substance use disorder or mental health disorder and is unable to additionally provide for personal safety or necessary medical care, passed the Legislature after undergoing numerous iterations of amendments and is pending action from the Governor.

SB 363
(Eggman), which would have required various agencies to develop a real-time, internet- based database to collect, aggregate, and display information about beds in specified facilities to identify the availability of inpatient and residential mental health needs and usage, was ultimately held in the Assembly Appropriations Committee.

California Environmental Quality Act (CEQA) Reform

During the Legislative Session, a series of bills pertaining to the California Environmental Quality Act (CEQA) generated significant controversy. CEQA requires state and local government agencies to inform decision-makers and the public about the potential environmental impacts of proposed changes to the physical environment and to reduce those environmental impacts to the extent feasible.

In the final weeks before the constitutional budget deadline, Governor Newsom pushed forward a comprehensive CEQA reform package for large infrastructure projects in an attempt to position the state to receive billions of federal funding for solar and wind facilities, reservoirs, bridges, railways, and similar energy, water, and transportation projects. The new laws take aim at environmental policies that shape how state agencies approve large projects. For instance, numerous large-scale water storage and conveyance projects have been stalled for years as they undergo environmental reviews and engineering planning. At the center of the Governor’s CEQA reform package is SB 149, which sets a 270-day limit for concluding CEQA lawsuits that challenge water, energy, transportation, and semiconductor projects.

In addition to statewide CEQA reforms for large- scale projects, the Legislature passed several bills that reform CEQA practices for smaller -scale developments, including housing projects.

These include AB 1633 (Ting), which strengthens the state’s Housing Accountability Act (HAA) to prohibit local agencies from delaying a housing development under CEQA concerns if all legal requirements have been met. The me asure was introduced in response to an incident that occurred within the Assembly Member’s district, wherein the San Francisco Board of Supervisors overturned the Planning Commission’s approval of a 500- unit project located at 469 Stevenson Street, a site near transit identified as a priority for development under the region’s climate plan.

Housing supporters claim the city acted in bad faith under the guise of needing further environmental study, providing no clear direction on how to bring the plans into compliance. This measure is pending action from the Governor.

Further, the Legislature aimed at addressing recent CEQA court decisions around noise pollution.

Earlier this year, a state appellate court blocked a proposed housing development for 1,100 UC Berkeley students, partly on the grounds that CEQA requires the university to study and mitigate the potential “noise impacts from loud student parties.” This decision constituted a major expansion of CEQA law and was ultimately applied to a second housing development in Los Angeles, which included the construction of a private developer’s housing project with 100 5- bedroom units near the University of Southern California. The court sided with neighborhood groups who argued that the student tenants they expect to occupy the project would likely party on the rooftop decks, creating “significant noise impacts” and thus required careful study under the state’s signature environmental law.

In response to these cases, Assembly Member and Housing Chair Buffy Wicks introduced AB 1307, which provides that the effects of noise generated by occupants and guests on human beings is not a significant effect on the environment, thus invalidating the recent court decisions.

The Governor signed AB 1307 into law on September 7. Due to the inclusion of an urgency clause, the measure became effective immediately upon signature.

Energy and Utilities

This session the Legislature was focused on ensuring that the state, and its infrastructure, is prepared for the growing number of alternative fuel vehicles that will be purchased by Californians.

Among the bills that were approved by the Legislature included AB 1614 (Gabriel) that will require the California Energy Commission and the Air Resources Board to study the feasibility of transitioning gasoline stations to provide alternative fuels, as well as identifying barriers to doing so, and financial incentives that could help reduce those barriers. Additionally, SB 493 (Min) was
approved by the Legislature and would have required the California Energy Commission to assess the energy resources needed to meet state goals to transition medium - and heavy-duty vehicles to zero- emission vehicles. The Governor ultimately vetoed this measure given the potential costs that it would have imposed on the California Energy Commission. The Governor also pointed to similar work that is currently being undertaken at the Public Utilities Commission.

The Legislature also approved AB 1594 (Garcia) which would required that any state regulations requiring the procurement of medium- and heavy-duty zero-emission vehicles to authorize public utilities to purchase replacements for utility -specialized vehicles to maintain reliable service and respond to major foreseeable events. This bill is an example of the Legislature recognizing that there will be challenges as the state transitions to a greater number of alternative fuel vehicles, as the infrastructure, and in some instances technology, is not prepared for the State’s aggressive timeline.

Fentanyl Overdose Prevention

With a growing number of fentanyl -related fatalities in California, opioid overdose prevention emerged as a prominent focal point within the legislative agenda during this year’s Session. Given the prevailing statistical trends and the pervasive nature of this crisis across both the state and the nation, Legislators introduced a plethora of legislative initiatives aimed at mitigating the impacts of the epidemic.

According to the California Department of Public Health, between 2019 and 2021, California’s opioid-related deaths spiked by 121%. A majority of these deaths were linked to fentanyl, an extremely potent synthetic opioid. Legislation that passed both house floors move d to establish special task forces to fight opioid overdoses, provide fentanyl test strips in California Community Colleges and CSUs, and weigh existing sentencing enhancements for penalties associated with trafficking and furnishing substances. Measures that were unsuccessful this year included provisions for incarceration enhancement that ultimately sought to add to the state’s penal code.

Measures that made it to the Governor’s Desk include AB 33 (Bains), which e stablishes the Fentanyl Misuse and Overdose Prevention Task Force to undertake specified duties relating to fentanyl abuse, SB 234 (Portantino), which requires stadiums, concert venues, and amusement parks to maintain doses of an opioid antagonist on premises and ensure at least two employees are aware of the location, and AB 701 (Villapudua), which applies the existing weight enhancements that increase the penalty and fine for trafficking substances containing heroin and cocaine to fentanyl.

Measures that were unsuccessful this year include fentanyl and opioid legislation with sentencing enhancements provisions. They were intentionally held in the Assembly Public Safety Committee, as a majority of Committee members voiced concerns about adding to the state’s penal code and the unintended impacts on minority communities and the state’s legal system. Legislation that was ultimately held included AB 367
(Maienschein), which adds sentencing enhancements for
those who seriously injure or kill through fentanyl poisoning, AB 955 (Petrie-Norris) which increases penalties for dealers who sell fentanyl over social media, and AB 1058 (Patterson) which increases penalties for those possessing a large amount of fentanyl.

In May 2023, the Assembly Health and Public Safety Comm ittees met with the newly -formed Assembly Select Committee on Fentanyl, Opioid Addiction, and Prevention for an informational hearing that lasted over five hours, hearing testimony from experts, officials, and families affected by fentanyl. Lawmakers committed to studying proposed measures to address fentanyl public safety reforms over the interim recess and hold additional fentanyl -specific committee hearings to continue legislative conversations.

Firearm Reform

This year, the Legislatures introduced a multitude of firearm control reform bills in response to the incidents of gun violence and mass shootings that have occurred within both the state and the nation. In August 2023, a joint resolution (SJR 7
) was introduced in the California Legislature by
Senator Aisha Wahab and Assemblymember Reggie Jones -Sawyer. SJR 7 is Governor Newsom’s proposal for a “Right to Safety”, which proposes an amendment to the United States Constitution to ensure the people’s elected representatives can determine what gun safety laws are appropriate for their communities and to enshrine fundamental, broadly supported gun safety measures into law.

Specifically, SJR 7 requests Congress to call for a constitutional convention to propose a constitutional amendment affirming that federal, state, and local governments may adopt firearms regulations consistent with the Second Amendment, or impose national firearm regulations related to background checks, assault weapons, age limits, and waiting periods. For the proposed constitutional amendment to be considered by Congress, legislatures in two- thirds of the states must vote in favor of a constitutional convention. If this is accomplished, and a convention is called, it is unlikely that the Constitutional Amendment will pass the three- fourths vote required, as Republicans currently control more than half of state legislatures, some of which have recently reduced gun restrictions.

Another major firearm reform bill introduced this year was SB 2 by Senator Anthony Portantino.

SB 2 restructures and recasts provisions of law related to carrying concealed firearms and concealed carry licenses (CCWs) in response to a recent United States Supreme Court decision invalidating a concealed carry law in New York similar to California’s. Specifically, SB 2 aims to balance compliance with the Supreme Court’s decision in New York State Rifle & Pistol Assn. vs.

Bruen with stringent limitations on who can obtain a concealed- carry permit in California. SB 2 was signed by the Governor on September 26 and faces potential legal challenges that could reach the U.S. Supreme Court.

Housing and Land Use

This year’s Session ended with the passage of several notable land use reform measures. Two pieces of notable legislation were introduced by Senator Wiener, including SB 4 which requires a housing development project to be a “use by right” on land owned by an independent institution of higher education or a religious institution, and SB 423, which extends the sunset on SB 35 (Wiener, Chapter 366, Statutes of 2017) to January 1, 2036, makes various changes to labor requirements, and removes the categorical exemption of coastal parcels for streamlining, subject to certain conditions.

Senate Bill 423 extends a decades-long state housing law set which is to expire in 2026. Current state housing laws grant developers the authority to bypass a substantial portion of bureaucratic procedures, frequently attributed to hindering the progression of multifamily construction projects.

This exemption, however, applies exclusively to municipalities that have not yet met the state’s housing targets. Initially, SB 423 faced controversy and backlash from labor unions. While SB 423 requires housing developers to provide wages at union standards and limited healthcare benefits, concerns have been raised by the Trades Council and numerous local and state labor organizations regarding doubts over the sufficiency of these provisions in adequately protecting the welfare of construction workers. To address those concerns, amendments were added to SB 423 that strengthened labor regulations on certain projects.

Labor Relations

Given that labor constitutes one of the most powerful lobbying groups in California, it came as no surprise that the Legislature considered and passed a number of transformative measures relating to labor and employment.

One of the more high-profile pieces of legislation was a last-minute compromise deal on fast food workers that enacts a $20 minimum wage for covered workers in exchange for the withdrawal of a pending referendum on landmark legislation enacted last year (AB 257 ) to establish a powerful
Fast Food Council.

AB 1228 (Holden) represents a compromise between Governor Newsom, labor unions, and some fast-food industry participants, and would apply to fast food restaurants (and their employees) that are part of a national food chain of more than sixty establishments. The measure also preempts any local government from establishing higher minimum wages by prohibiting any ordinance or regulation applicable to fast food restaurant employees. On September 29 Governor Newsom signed AB 1228 into law.

This measure is complementary to a similar measure designed to reform minimum wage standards for healthcare workers, which passed in a similar compromising fashion. SB 525 (Durazo) would enact a series of minimum wage requirements that vary by type of healthcare employer. In exchange, local healthcare worker minimum wage ordinances would be overridden, similar to the language included in AB 1228. In addition, media reports indicate that as part of this compromise, labor groups have agreed to a moratorium on legislation and/or ballot measures aimed at dialysis clinics. The Governor signed AB 1228 into law on September 28, and is currently pending action on SB 525.

Other notable labor bills include AB 1484 (Zbur), which amends the Meyers-Milias-Brown Act to require the inclusion of temporary employees in the same bargaining unit as permanent employees. AB 1484 is currently pending final action from the Governor.

Yet another major labor reform measure acted upon this year was SB 799 (Portantino), which provides that an employee would be eligible to receive unemployment after the first two weeks of a trade dispute. This measure was introduced in light of the significant labor activity and strikes occurring in Hollywood and elsewhere throughout the state. A similar measure was last proposed in 2019 but failed on the floor by two votes. Interestingly, when the proposal was last attempted the state’s unemployment fund had a $3 billion surplus. Currently, the state has an $18 billion deficit. If SB 799 is signed, all employers (even those without striking workers) may pay higher taxes until the deficit is paid down. The Governor
vetoed SB 799 on September 30, citing that
although he has, “Deep appreciation and respect for workers who fight for their rights and come together in collective action […] Any expansion of eligibility for UI benefits could increase California's outstanding federal UI debt projected to be nearly $20 billion by the end of the year and could jeopardize California's Benefit Cost Ratio add- on waiver application, significantly increasing taxes on employers. Furthermore, the state is responsible for the interest payments on the federal UI loan and to date has paid $362.7 million in interest with another $302 million due this month”.

Revenue and Taxation

Late into the final night of the Session, ACA 1 (Aguiar-Curry) and ACA 13 (Ward) passed the second house floor, both of which constitute major reforms to protect and enhance local revenue- generating tools. Because these measures propose amendments to the California Constitution, they will face consideration from the voters at the November 2024 General Election.

ACA 1 allows voters to decide whether a 55% threshold for approving special taxes or incurring bonded indebtedness to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure or affordable housing projects is an appropriate standard. 2023 marked the fifth year Assembly Member Aguiar-Curry attempted to move the measure forward. The legislation took numerous iterations of amendments, including language that limits the n umber of propositions authorized by the measure a local government can place on the ballot until all funds from a proposition have been committed, along with other transparency requirements.

ACA 13 requires an initiative constitutional amendment to compl y with any increased voter approval threshold that it seeks to impose on future ballot measures.

Additionally, ACA 13 guarantees in the state constitution the ability of local governments to submit advisory questions to voters. The most recent amendments specify that the measure’s voter threshold requirement would “apply to statewide initiative measures that appear on the ballot on or after January 1, 2024.

ACA 13 was introduced in response to the Taxpayer Protection and Government Accountability Act, wh ich seeks to raise vote threshold requirements for the passage of state and local tax measures and imposes a stringent burden of proof standard that local governing bodies must meet when modifying or increasing all taxes and fees by justifying their use, need, and duration.

The measure has qualified for the November 2024 ballot and is sponsored by the California Business Round Table and its affiliates. If enacted by voters, it would make it extremely difficult for local governments to maintain existing tax revenues and modify them in the future.

After the bill was approved by the Assembly on the final night of the session, Assembly Member Ward and Assembly Leadership announced
that they would be holding ACA 13 at the Assembly
Desk until November 1st (2023) and would then process the measure. While this may seem like a minor processing item, the practical effect is that ACA 13 will not be processed in time to be placed on the March 2024 primary election ballot but will instead be placed on the November 2024 general election ballot.

ACA 13 contains language that states its provisions apply to initiatives that appear on the same ballot, so if ACA 13 passes on the November 2024 ballot, its provisions would apply to initiatives on that same ballot, such as the Taxpayer Protection and Government Accountability Act . It is possible that the Legislature will continue to negotiate with the California Business Round Table to reach a compromise in advance of next year’s November General Election. If that compromise requires legislative action, the Legislature will have until June 2024 to approve a new measure.

Transportation

Like many other issue areas, one of the biggest challenges of the year for transportation was funding. The FY 2021 -22 Budget Act included $3.65 billion from the General Fund for transit capital projects, and also included a legislative “goal” to appropriate $2 billion for transit in FY 2023. Despite the Legislature’s stated intention, Governor Newsom only included $1 billion in his proposed 2023-24 budget as the specter of a budget shortfall loomed large. However, through significant Legislative pressure and in the face of a statewide transit fiscal crisis, the final negotiated budget included $2 billion for transit operating or capital and $410 million for a newly created Zero-Emission Transit Capital Program.

The funding did not come for free, as several additional reporting requirements and accountability measures were included in SB 125
, the transportation budget trailer bill. Specifically, SB 125 requires CalSTA to establish a “Transit Transformation Task Force” to solicit and develop a structured, coordinated process for engagement of all parties to develop policy recommendations to grow transit ridership and improve the transit experience for all users. The task force is to include a detailed analysis of specific issues and recommendations, including reforming the Transportation Development Act.

To further assist in addressing the transit operations deficit in the Bay Area, Senator Wiener introduced SB 532
which would have increased the toll rate for vehicles for crossing the state- owned toll bridges in the San Francisco Bay area by $1.50 and redirected the additional revenue to transit operators. This bill passed out of the Assembly Appropriations Committee but was pulled from the Assembly Appropriations Committee agenda by the author as he struggled to secure the support he needed to move the measure forward.

After years of failure, proponents of speed enforcement cameras finally passed AB 645

(Friedman) authorizing an automated camera speed enforcement pilot program in the Cities of Los Angeles, Long Beach, San Francisco, Oakland, Glendale and San Jose. The cameras, whose use must be authorized in a public meeting, may be used for up to five years and can only be placed in school zones, safety corridors, and streets with a high number of incidents of speed contests or exhibitions of speed. Revenues beyond the administration of the pilot can only be spent on traffic calming measures within the respective jurisdictions. AB 645 is currently pending final action by the Governor.

Finally, Assembly Member Reyes was able to successfully send AB 126 to the Governor’s Desk, extending various fees originally established in 2004 and 2007 which fund several Clean Transportation Programs that were set to expire at the end of 2023. Specifically, AB 126 extended revenue streams such as smog abatement fees, vehicle registration fees, and certain specialized license plate fees to fund programs like the Carl Moyer Program, the Air Quality Improvement Program, and the Enhanced Fleet Modernization Program. It looked like this bill would not make it out of the Legislature before end of session, having stalled during budget talks in June, but was revived in the last week of session and pushed through on the last day before fall recess began.

This measure is currently pending final action by the Governor.

Water

Water policy continues to be a major legislative focus of the California Legislature every year regardless of statewide drought conditions. The adopted FY 2023-2024 Budget maintained $8.1 billion in allocated funding from previous Budgets for drought resilience and response programs to help communities and fish and wildlife avoid immediate impacts from extreme drought, while advancing projects and programs that will improve the State’s resilience to future droughts and floods.

Additional consideration and efforts were made to bolster the State’s spending on drought and flood prevention through work on proposed bonds that aim to address climate priorities. The Senate and Assembly both worked to advance conversations around potential climate bonds with the hope of negotiating a deal for the November 2024 ballot. Funding categories for a proposed climate bond are anticipated to include water recycling, flood protection, clean energy, wildfire mitigation, coastal resiliency, and protection of agricultural resources.

Headlining the year’s legislative agenda was a package of bills aimed at addressing the State’s outdated and complex water rights system. Assembly Member Rebecca Bauer-Kahan’s AB 460

and Assembly Member Wick’s AB 1337 both proposed to increase the State Water Resources Control Board’s authority to order diversion curtailments to all water rights holders, regardless of how old. These bills signaled a willingness of some individuals in the Legislature to change decades-old policies that afford different curtailment policies and procedures to pre- 1914 water rights holders. AB 460 and AB 1337 were both held for the year and will be the subject of negotiations when the Legislature returns in January 2024.

Other topics of consideration this year that were successful in reaching the Governor’s desk include additional perfluoroalkyl and polyfluoroalkyl substances (PFAS) source control measures, exemptions for Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing for water and wastewater utilities, and a directive to eliminate non-functional turf irrigation with potable water.

“Taxpayer Protection and Government Accountability Act” Initiative Challenged in Court

On September 26
th, Governor Newsom, the Legislature, and John Burton filed an emergency petition with the California Supreme Court seeking to remove the “Taxpayer Protection and Government Accountability Act” initiative from the November 2024 Ballot.

The Act, sponsored by the California Business Roundtable (CBRT) and its affiliates, seeks to raise voter thresholds to pass state and local taxes and requires local governments to provide a high standard of proof justifying the use, duration, and need for taxes and fees. If passed by voters, the Act would apply to any tax and certain fees adopted after Jan. 1, 2022. Local governments would have one year to ask voters to reapprove those taxes. The Act also imposes new requirements for the ballot materials used to submit taxes to voters. Passage of the Act would result in the loss of billions of dollars annually in critical state and local funding, restricting the ability of local agencies and the State's ability to fund specific services and infrastructure.

The Legislature and Governor argue that the proposed ballot initiative unlawfully revises the state constitution and upends essential state and local government functions, such as the ability to “impose” rather than “propose” tax initiatives required to maintain basic government activi ties. A petition for a Writ of Mandate in this circumstance is used to question the validity of an initiative before it is considered by voters. Overall, it signals the desire from the Legislature and executive branch to take any actions necessary to stop the harmful measure from becoming law.

State Insurance Commissioner Initiates Regulatory Process for Wildfire Home Insurance

In the final days of the 2023 Legislative Session, it was rumored that the Governor and lawmakers representing fire-prone areas were working on a legislative deal that could let insurance rates go up in an attempt to get insurers to come back to California. Earlier this year, State Farm and Allstate announced they would no longer offer new policies due to climate change-fueled disasters and high building costs. Since 2017, the largest and deadliest wildfires to happen in state history have destroyed more than 50,000 homes, buildings, and other structures in California.

A state -run pool that serves as the insurer of last resort for many could face pressure as enrollments surge. The state pool — the California Fair Access to Insurance Requirements (FAIR) Plan — provides basic fire insurance coverage for properties in high- risk areas when traditional insurance companies will not. Enr ollments have jumped in recent years to 272,846 homes in 2022.

All in all, these circumstances led to a push from insurance regulators and lawmakers to act before the start of next year’s fire season. While the efforts did not result in a legislative proposal before the end of the Session, on September 21, Governor Newsom issued an Executive Order urging
Insurance Commissioner Ricardo Lara to take swift action to address issues with the insurance market and expand coverage options for consumers, while maintaining consumer protections and keeping plans affordable.

After the issuance of the Executive Order, Insurance Commissioner Lara announced a set of new rate-setting regulations. Under the terms of the agreement, insurance companies that want to operate in California will be required to increase their presence in disaster-prone areas to at least 85 percent of their market share elsewhere in the state when they file to update their rates. For instance, if an insurance company provides 10% of the homeowner policies across California, they would be required to provide 8.5% of the coverage in areas deemed “at-risk”. They will also have to bring on policyholders from the state’s FAIR Plan, thus skirting the insolvency of the fund.

In exchange, insurance companies will be allowed to use forward- looking catastrophe modeling when they set their rates, models that consumer advocates have objected to in prior negotiations on the grounds that they will lead to higher insurance c osts tied to increasing wildfire risk.

Companies may also be allowed to incorporate the costs they pay for reinsurance in California, to hedge against their own risk, in the rates they charge.

The proposed regulatory framework is still in its fledgling st age and will require a transparent rulemaking and public comment process. It is likely that legislators will introduce legislation addressing the issue during the 2024 legislative session that compliments the regulatory actions, such as requiring insurance companies to use a transparent and uniform catastrophe modeling tool in order to calculate risk.

Governor Newsom Signs Executive Order to Prepare California for the Progress of Artificial Intelligence

California is the epicenter of generative artificial intelligence (GenAI), which holds the potential to significantly impact daily life. On September 6
th, Governor Newsom issued an Executive Order to
outline California’s measured approach that focuses on shaping the future of ethical, transparent, and trustworthy AI, while remaining the world’s AI leader.

The Executive Order contains the following provisions:

• Risk-Analysis Report: Directs state agencies and departments to perform a joint risk analysis of potential threats to and vulnerabilities of Calif ornia’s critical energy infrastructure by using GenAI.

• Procurement Blueprint : To support a safe, ethical, and responsible innovation ecosystem inside state government, agencies will issue general guidelines for public sector procurement, uses, and required training for the application of GenAI – building on the White House’s Blueprint for an AI Bill of Rights and the National Institute for Science and Technology’s AI Risk Management Framework. State agencies and departments will consider procurement and enterprise use opportunities where GenAI can improve the efficiency, effectiveness, accessibility, and equity of government operations.

• Beneficial Uses of GenAI Report: Direct state agencies and departments to develop a report examining the most significant and beneficial uses of GenAI in the state. The report will also explain the potential harms and risks for communities, government, and state government workers.

• Deployment and Analysis Framework: Develop guidelines for agencies and departments to analyze the impact that adopting GenAI tools may have on vulnerable communities. The state will establish the infrastructure needed to conduct pilots of GenAI projects, including California Department of Technology approved environments or “sandboxes” to test such projects.

• State Employee Training: To support California’s state government workforce and prepare for the next generation of skills needed to thrive in the GenAI economy, agencies will provide training for state government workers to use state-approved GenAI to achieve equitable outcomes, and will establish criteria to evaluate the impact of GenAI to the state government workforce.

• GenAI Partnership and Symposium: Establish a formal partnership with the University of California, Berkeley, and Stanford University to consider and evaluate the impacts of GenAI on California and what efforts the state should undertake to advance its leadership in this industry. The state and the institutions will develop and host a joint summit in 2024 to engage in meaningful discussions about the impacts of GenAI on California and it s workforce.

• Legislative Engagement: Engage with Legislative partners and key stakeholders in a formal process to develop policy recommendations for the responsible use of AI, including any guidelines, criteria, reports, and/or training.

• Evaluate Impacts of AI on an Ongoing Basis: Periodically evaluate for potential impact of GenAI on regulatory issues under the respective agency, department, or board’s authority and recommend necessary updates as a result of this evolving technology.

Legislative Calendar

The Legislature concluded the first year of the 2023-24 Legislative Session on September 14 th
and will be on Interim Recess until January 3 rd. All bills not approved by the Legislature prior to adjournment are eligible for consideration when the Legislature reconvenes in January 2024.

Below are the upcoming relevant dates for the Legislature:

October 14th – Last day for the Governor to act on bills passed by the Legislature January 1st – New statutes take effect
January 3rd – Legislature reconvenes session

The Senate returned from recess and resumed session during the first week of September, while the House returned on September 12th. Within the last few weeks of September, the two chambers worked to reach an agreement on government funding before the current budget agreement

FEDERAL LEGISLATIVE UPDATES
lapsed on September 30th. To avoid a shutdown, Congress approved a stopgap funding measure through November 17th.

Congress Averts Government Shutdown, Passes Short-term Extension of Federal Funding

For most of September it appeared as though the House and Senate would not be able to overcome political disagreements in time to adopt a spending plan for the new f iscal year.

However, at the last minute, Congress averted a shutdown by approving a stopgap funding measure on September 30th that will fund the federal government t hrough November 17th. The continuing resolution (CR) funds the government at existing Fiscal Year 2023 levels for the next seven weeks, buying Congress more time to negotiate new funding levels for Fiscal Year 2024.

If Congress is unable to pass funding legislation before November 14 th, the federal government
will experience a lapse in appropr iations. Not having a federal budget or CR in place results in what is commonly referred to as a government shutdown, which can have wide-ranging impacts due to the interruption of key federal services. The potential impacts of a government shutdown are contingent on many factors, making exact impacts difficult to predict.

The seven-week stopgap may have kept the lights on for now, but it does nothing to resolve the larger fights over full FY24 funding.

House Removes Speaker McCarthy From Leadership Position

In a stunning and historic move the U.S. House of Representatives voted, on October 3 rd, to
remove Kevin McCarthy from the office of Speaker of the House. The vote was 216 to 210 with all Democrats joining a faction of eight Republicans. The House will now need to elect a new Speaker, a process with an uncertain timeline and uncertain outcome.

In his efforts to prevent a government shutdown and passing a short -term funding bill, Speaker Kevin McCarthy needed to rely on the support of more Democrats than Republicans to get the CR out of the House. This angered several of his most ardent detractors on the Right who had previously indicated that they would try and oust McCarthy from the Speakership if he partnered with Democrats on the spending measure. The recent fight over government funding has laid bare the fact that Speaker McCarthy did not control a governing majority in the House.

At the time of that the vote was taken to remove McCarthy from Speaker, the Republicans that voted in favor of his removal did not have a replacement Speaker ready to assume the position.

Additionally, shortly after his removal, McCarthy indicated that he would not be seeking to return to his position of Speaker.

Without a Speaker, the House cannot move bills nor negotiate with the Senate to reach agreement on items, such as a spending plan. For legislative business to resume in the House a Speaker must first be elected. This injects a high level of uncertainty into negotiations around government funding, which could lead to a potential government shutdown on November 17th.

Laphonza Butler Appointed to Complete California Senate Term

Following the passing of Senator Dianne Feinstein, California Governor Gavin Newsom appointed Laphonza Butler to complete the senator’s term which expires on January 3, 2025. Senator Butler was sworn into office by Vice President Kamala Harris on October 3rd.

In taking her office, Senator Butler had to step down from her role as President of EMILY’s List, a political action committee with the aim of electing Democratic women to office. Before joining EMILY’s List, Senator Butler worked as a political consultant and Director of Public Policy and Campaigns for Airbnb. Additionally, she served for nearly 20 years as an organized labor leader within SEIU, serving as SEIU International Vice President and president of the SEIU California State Council.

By appointing Ms. Butler, Governor Newsom avoids picking a candidate already in the running for Senator Feinstein’s seat. Longtime Representative Barbara Lee, who is the highest -ranking Black woman appointed to Democratic leadership, is up against fellow Democratic Representatives Adam Schiff and Katie Porter, t wo of the House’s top fundraisers who have already amassed millions of dollars each for their bids. Senator Butler has not yet indicated if she too will run in the already competitive primary, however, Governor Newsom indicated that his appointee was free to do so, contrary to comments made a few weeks ago that he would be appointing a placeholder to the position.

US Department of Transportation Adopts New Categorical Exclusion for EV Charging Stations

In late September, the US Department of Transportation (DOT) accelerated the electric vehicle (EV) project delivery by adopting a Department of Energy Electric Vehicle Charging Station Categorical Exclusion under the National Environmental Policy Act (NEPA) that will speed up the installation of EV charging stations throughout the country. A categorical exclusion, or CE, is a class of actions that a Federal agency has determined does not individually or cumulatively have a significant effect on the human environment; neither an environmental assessment nor an environmental impact statement is normally required.

By allowing nearly all of the DOT's $7.5 billion in EV charging funding to be considered under categorical exclusions, the actions enable state and local governments to complete environmental review procedures more quickly for EV charging infrastructure projects. The Federal Highway Administration (FHWA), which oversees the Department of Transportation's EV programs, already has a number of CEs available. However, with the adoption of DOE's EV Charging CE, DOT now has a CE that is specifically focused on EV charging. This is an important tool for non- traditional grantees who are less familiar with FHWA's current CEs, which cover many EV projects but necessitate proficiency with the NEPA process.

City of Santa Clara
2023 Q3 Legislative Update
Broadband Cable Services and Wireless Telecommunications Facilities LAP

AB 965 (Carrillo, Juan D) Local government: broadband permit applications.

Current Text: Enrollment: 9/15/2023 html pdf
Introduced: 2/14/2023
Last Amend: 8/30/2023
Status: 9/15/2023-Enrolled and presented to the Governor at 4 p.m.

Location: 9/15/2023-A. ENROLLED
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Permit Streamlining Act governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill, except as specified, would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define “local agency” for these purposes to mean a city, county, city and county, charter city, special district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved.

Position

SB 396 (Wahab D) Local government: excavations: notice.

Current Text: Introduced: 2/9/2023 html pdf
Introduced: 2/9/2023
Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was GOV. & F. on 2/22/2023)(May be acted upon Jan 2024)
Location: 4/28/2023-S. 2 YEAR
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Current law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations. This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.

Position

Emergency Management LAP

AB 692 (Patterson, Jim R) California Environmental Quality Act: exemption: egress route projects: fire safety.

Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 5/19/2023-Failed Deadline pursuant to Rule 61(a)(5). (Last location was APPR. SUSPENSE FILE on 4/26/2023)(May be acted upon Jan 2024)
Location: 5/19/2023-A. 2 YEAR

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City Council and Authorities ConcurrentOctober 24, 2023

City Council and Authorities Concurrent
October 24, 2023