REPORT TO COUNCIL
SUBJECT
Title
Action on Bills and Claims Report (CC, SCSA, HA, SOSA) for the period December 4, 2022 - January 6, 2023
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Disbursements made by the City are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure they are reflective of the goods or services provided. Invoices are usually paid within 30 days of receipt of an accurate invoice. As the final step, the City Auditor, or designee, verifies all documents before payment is issued. Payments are issued through accounts payable checks and wire transfers. It’s important to note that items that pertain to the Stadium Authority are billed to the Stadium Manager (ManCo) to pay on behalf of the Stadium Authority for Non-NFL events and the 49ers for NFL events.
The Bills and Claims Report represents the cash disbursements required for operations of the City during the period. The report reflects the payment date, invoice number, description of the payment, funding source, and payment amount for all invoices. The budget control is set by the City Council through the budget adoption process.
Please note beginning with this bills and claims reporting period, the attached report is sorted by SVP expenses first, followed by the rest of the City funds as was requested by Council.
DISCUSSION
Significant expenditures in this period include:
• Payment to Northern California Power Agency in the amount of $24,076,745 for December 2022 all resources bill.
• Payment to California Independent System Operator (ISO) in the amount of $6,561,585 for November and December 2022 settlement charges.
• Payment to MSR Public Power Agency/Energy Authority in the amount of $4,221,355 for November and December 2022 energy purchases.
• Payment to Old Republic Title Company in the amount of $2,687,497 for final draw of the construction loan to Allied 2904 Corvin LP for development of real property located at 3311 Kifer Road.
• Payment to Santa Clara Valley Water District in the amount of $1,957,607 for October 2022 Pump Tax, a groundwater charge that is used to pay for the protection and augmentation of water supplies in the basin and November 2022 treated water purchase.
• Payment to 2302 Calle Del Mundo LLC in the amount of $1,771,716 to reimburse the developer for Infrastructure Impact Fee related to Tasman East Specific Plan which was created to equitably distribute the necessary infrastructure to support the specific plan area public improvements. Included with the infrastructure fee is the cost for dedication of land to be used for a public pedestrian paseo. This specific reimbursement is to reimburse the developer for the dedication of the paseo as per the infrastructure fee.
Payments to ManCo are not included in the City’s Bills and Claims report as they are currently reported through a separate Stadium Authority Bills and Claims report. Stadium Authority related payments in the City’s Bills and Claims report include general administrative, materials, and supplies expenses of approximately $289,596 Included in this amount are invoices totaling $266,475 to various local agencies such for police protection services for special events at the stadium. These expenses are reimbursed to the City by the Stadium Authority.
Certain information such as names of law firms and recipients of workers’ compensation have been redacted from the Bills and Claims report. The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the City have been redacted from the public report to maintain confidentiality of billing records for legal services. In addition, individually identifiable information about recipients of workers’ compensation has been redacted from the report based on California Labor Code section 138.7.
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)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The expenditures of $71,875,179 were appropriated to various funds with the adoption of the Fiscal Year 2022/23 budget, as amended.
COORDINATION
This report has been coordinated with the 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 clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve the list of Bills and Claims for December 4, 2022 - January 6, 2023.
Staff
Reviewed by: David Noce, Audit Manager
Approved by: Office of the City Manager
ATTACHMENTS
1. Bills and Claims Approved for Payment Report