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Item 5a Staff Report Approve Response to Santa Clara Civil Grant Jury Report - Review of Audits and Financial Reportsf MEETING DATE: 9/15/03 ITEM NO. q COUNCIL AGENDA REPORT DATE: September 11, 2003 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY SUBJECT: APPROVE RESPONSE TO SANTA CLARA COUNTY CIVIL GRAND JURY REPORT - REVIEW OF AUDITS AND FINANCIAL REPORTS RECOMMENDATION: Approve response to Santa Clara County Civil Grand Jury Final Report - Review of Audits and Financial Reports. DISCUSSION: The 2002-03 Santa Clara County Civil Grand Jury examined documents received from government entities throughout the county. Among these were financial reports, audited financial statements, budgets, and audit reports. It conducted a review of the activities city internal auditors. As a result of the Grand Jury's review, several findings and recommendations were made. The Grand Jury's recommendations called for more regular use of independent management reports and process audits by the larger cities and that such reports be routinely distributed to the Grand Jury. The Grand Jury's review had two specific recommendations that applied to the Town of Los Gatos. The first is that Town add the Grand Jury to its routine distribution list for all financial reports, CAFR's, budgets and audit reports, which staff recommends be implemented by the Town. The second specifically calls for each of the smaller jurisdictions, (i.e. Los Gatos, Los Altos, Los Altos Hills) to develop plans for the review of procedures and compliance and provide that information to the Grand Jury. Staff recommends that the Town agree to develop plans for reviews of selected procedures as part of the FY 2003/04 administrative work plan, and then share that information with the Grand Jury. PREPARED BY: ORRY P. KORB, TOWN ATTORNEY Reviewed by: Rev: 9/11/03 ,! 2 pm Reformatted: 7/19/99 OPK:SC/wp (N:\ATY\Grand- Jury Audit Report.TCR.wpol Town Manager P S Z Assistant Town Manager Clerk inance Community Development File# 301-05 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE RESPONSE TO SANTA CLARA COUNTY GRAND JURY REQUEST -REVIEW OF AUDITS AND FINANCIAL REPORTS September 9, 2003 The attached letter responds to the report by generally agreeing with the findings and recommendations contained therein. Once approved by Council and signed by the Mayor, it will be forwarded to the Presiding Judge of the Santa Clara County Superior Court who supervises the Civil Grand Jury. ENVIRONMENTAL ANALYSIS: Responding to the recommendations of the Grand Jury is not a project as defined by CEQA. FISCAL ANALYSIS: No fiscal impact at this time. Attachments: 1. Grand Jury Report —Final Report -Review of Audits and Financial Reports 2. Response Letter June 24, 2003 Debra J. Figone Town Manager Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Dear Ms. Figone: JUN 2 6 2003 The 2002-2003 Santa Clara County Civil Grand Jury is transmitting to you its Final Report, Review of Audits and Financial Reports. California Penal Code, Section 933(c) and 933.05(c) require that an elected county official or agency head shall respond within 60 days to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of their agency or department. Copies of responses to the Grand Jury's report must also be submitted to the Board of Supervisors. California Penal Code, Section 933.05 contains guidelines for responses to Grand Jury findings and recommendations and is attached to this letter. PLEASE NOTE: 1. As stated in Penal Code 933.05, you are required to "Agree" or "Disagree" with each FINDING. If you disagree, in whole or part, you must include an explanation of the reasons you disagree. 2. As stated in Penal Code 933.05, you are required to respond to each RECOMMENDATION with one of four possible actions. Your comments are due in the office of the Honorable Thomas P. Hansen, Presiding Judge, Santa Clara County Superior Court, 191 North First Street, San Jose, CA 95113, no later than August 25, 2003. SUPERIOR COURT BUILDING • 191 NORTH FIRST STREET, SAN JOSE, CAI.IFORNIA 95113 • (4081 882-2721 • FAx 882-2795 6.007 ,' TACHMENT i Page Two Copies of all responses shall be placed on file with the Clerk of the Court. Sincerely, FRED de FUNIAK Foreperson 2002-2003 Civil Grand Jury FdF:dsa Enc. California Penal Code §933.05, in relevant part: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor ... . 2002-2003 SANTA CLARA COUNTY CIVIL GRAND JURY JUN 24 03 REVIEW OF AUDITS AND FINANCIAL REPORTS Summary The 2002-2003 Santa Clara County Civil Grand Jury (Grand Jury) examined documents received from government entities throughout the county. Among these were: • financial reports • audited financial statements • budgets • audit reports It conducted a review of the activities of all city internal auditors. As a result of its reviews, the Grand Jury has several findings and recommendations. Background The Grand Jury reviews the financial reports and statements to determine whether or not they have been issued. An assessment is made of their timeliness and completeness. A. Terms Defined Specialized terms are used in this report, and in the interest of clarity, the following simplified definitions are offered: • Comprehensive Annual Financial Report (CAFR): A legally mandated annual financial report defined by the Government Accounting Standards Board that includes all the income, expenses, special funds, or designated funds that are part of a government entity's financial activities. • Government Accounting Standards Board (GASB): The national accountancy board that establishes the standards to be used in all governmental accounting. • Special Districts: These are special districts that have taxing authority. The district is governed by a board of directors, which may be a city or town council. A special district may be a part of a city or cut across city lines. Some enterprise funds (funds that charge a fee for facilities or services) are special districts. For example, the Loma Prieta Resource Conservation District is a special district. The California State Controllers Office lists 32 functions for special districts. • Joint Powers Agencies (JPA): These agencies cross geopolitical boundaries to address a common responsibility. They are governed by representatives from the government entities sharing their authority. Several cities getting together to jointly provide a wastewater treatment system or expanded Library facilities are examples of a JPA. School districts getting together to jointly provide student transportation services is also a JPA. Management Reports and Process Audits: In addition to financial reports, the Grand Jury reviewed the results of management reports and process audits. Management reports are overviews with general recommendations. Process audits involve the testing of a system with specific recommendations. For example, a management report states that the system for reviewing timecards allows unsigned timecards to be entered into the payroll records. A process audit indicates that 12% of the timecards are not signed by the employee, and that 20% are not signed by the supervisor. A recommendation on a process audit is specific, such as; change the policy to return all unsigned timecards to the supervisor's manager for action. B. Comprehensive Annual Financial Reports As part of its watchdog responsibilities, the Grand Jury annually receives copies of the legally mandated CAFRs for the county, the cities and towns within Santa Clara County, and a limited number ofJPAs and special districts. This fiscal year was the first year that government agencies with revenues in excess of $100 million were to comply with the requirements of Statement 34 of the GASB. As noted, GASB is a national standards board that defines the accounting practices and reporting standards of government agencies in California. Statement 34, issued in June 1999, requires government entities to provide budget, budget performance and comparison information, a management discussion and analysis section, and the current value of capital assets in their CAFRs. The Grand Jury examined CAFRs and their compliance with Statement 34. Statement 34 information adds to the usefulness of the reports, but does require additional review time. The Grand Jury received 14 CAFRs. Eight entities had revenues in excess of $100 million and thus were required to meet the GASB Statement 34 requirements in their latest annual reports. The eight were Santa Clara County, the Santa Clara Valley Water District, the Santa Clara Valley Transportation 2 Authority, and the cities of Mountain View, Palo Alto, San Jose, Santa Clara, and Sunnyvale. Several entities indicated within their CAFRs that they were still working to finalize such items as the current value of capital assets. Based on the size of their revenue, Gilroy and Monte Sereno are not required at this time to provide CAFRs. Therefore, they submitted audited financial statements. Two entities, Los Altos and Los Altos Hills, did not have their final reports available. (See Table 1 below) TABLE 1 Comprehensive Annual Financial Reports Received ENTITY REPORT Campbell CAFR Cupertino CAFR Gilroy Statement Los Altos Not available Los Altos Hills Not available Los Gatos CAFR Milpitas CAFR Monte Sereno Statement Morgan Hill CAFR Mountain View CAFR Palo Alto CAFR San Jose CAFR Santa Clara CAFR Saratoga CAFR Sunnyvale CAFR Santa Clara County CAFR Santa Clara County Water District CAFR Santa Clara Valley Transportation Authority CAFR C. Budgets As already noted, under the guidelines of GASB Statement 34, reporting government entities must provide budget and budget performance information in their CAFRs. Based on the phasing requirements of Statement 34, entities with revenues in excess of $100 million are required to include this information in the 2001-2002 report. This year, the Grand Jury requested budget information along with the other reports. The Grand Jury used these publications for reference in the course of its oversight function. Budgets were received from: • Campbell • Mountain View • San Jose • Santa Clara • County of Santa Clara (Preliminary only) This year, budgets were not required of the other cities in the county as their prior year revenue did not exceed $100 million. D. Audits The Grand Jury did not routinely request audit information from school districts or JPAs, with the exception of the Santa Clara Valley Transportation Authority. A limited number of special district reports were requested. Appendix A is a list of audit reports received and reviewed by the Grand Jury. Each audit report was reviewed to determine if any additional action or follow up by the Grand Jury would be beneficial. Eighteen reports required follow up (see Follow-up column in Appendix A). Follow up actions included Grand Jury requests for additional information, responses, implementation schedules, or referral to future Grand Juries for further inquiry. E. Internal and Independent Auditors The Grand Jury surveyed the county's cities and towns to determine what level of internal or independent audits were routine to each city. For the first time, the Grand Jury requested that all cities and towns provide their process audits and 4 management reports. The Grand Jury received and evaluated sixty-eight audits of all types (see Appendix A). There is an internal auditor for the County of Santa Clara. The internal auditor for the County of Santa Clara is used to audit state and federal grants, as is required by those grants. Of the 15 cities and towns within Santa Clara County, only Palo Alto, San Jose and Sunnyvale have internal auditors. San Jose and Palo Alto auditors report directly to their city councils in open meetings. Sunnyvale's internal auditor is under the oversight of the city manager. When the internal auditor reports directly to the city council in open meetings, the public is fully aware of the actions of the auditor, including the reasons for a recommendation to expand or terminate an audit. All reports and recommendations made, along with the staff responses, become part of the public record. There is no requirement for meetings between the city manager and his staff to be public. In addition, the City of Santa Clara has established the function of city auditor and assigned it to the city clerk's office. This function is limited to independently verifying support data for disbursements, but does not provide any process audit. All entities which were checked used independent auditors for their annual reports. Entities without internal auditors used independent auditors or oversight agencies for audits of specific funds or functions. The Grand Jury found the smaller entities had determined the hiring of a full-time internal auditor was not fiscally feasible and relied on contracted independent auditors for selected process audits. F. Conclusions The process audit information gathered gives the Grand Jury confidence that reasonable efforts are being made to provide the citizens of the county with efficient and responsive services. There are indications that stronger support for the implementation of audit recommendations by the appropriate governing boards would lead to even greater improvement in services and programs. Examples from the cities of Palo Alto and San Jose audit recommendation status reports follow: • Palo Alto report of September 2002 lists 53 recommendations, 29 of which were holdovers from the November 2001 report. Four recommendations (7.6%) have been implemented, of which two are from 1997 and two from 1999. The balance, 49 (90.7%), are "in process," with eight from April 1998. 5 Finding I • The San Jose report of the 6 months ending December 31, 2002 shows 94 recommendations not yet implemented. The earliest of these is from 1988. Of these 94 recommendations, 22 (23.4%) have been implemented, 57 (60.6%) are only partially implemented and 13 (13.8%) have not been implemented. One was rejected and one, from 1995, continues to be deferred. The internal auditor for the City of Sunnyvale reports to the city manager. Two management/performance audits were terminated in the early stages because of the need for major restructuring of the departments under audit. These were the audits of the Transportation Operations Department and the Roadside and Median Right -of -Way Services Department. Since the audits were terminated without the public receiving the information that would have been available with a direct report to the city council by an independent internal auditor, the public has limited ability to evaluate the operations of the departments and the effectiveness of the restructuring. Not reporting to the city council in open forum provides an opportunity for public perception of a cover up, which negates the value of internal auditors as independent evaluators. Recommendation I Finding II The Grand Jury recommends that the City of Sunnyvale have the internal auditor report directly to the City Council. The City of Santa Clara has designated a city auditor function and assigned it to the city clerk, who is independently elected. Current auditing activities are limited to verification of expenditures and associated documentation. Recommendation II The Grand Jury recommends that the City of Santa Clara expand the responsibilities of the city auditor function to include internal audit responsibilities and separate this function from the office of the city clerk. 6 Finding III Seven cities/towns did not provide the Grand Jury with management reports or process audits. They are: • Campbell • Gilroy • Los Altos • Los Altos Hills • Los Gatos • Monte Sereno • Santa Clara Milpitas submitted a single audit on internal financial controls. The failure of the smaller cities/towns to perform regular management reports or process audits is understandable. However, for our more moderate -sized or larger cities, such as Campbell, Gilroy, Milpitas and Santa Clara, to ignore these tools of good management is to overlook potential improvements in providing high quality, efficient services to their citizens. Recommendation III-1 The Grand Jury recommends that all cities or towns that do not currently include the Grand Jury on their routine distribution list for financial reports, CAFRs, budget, and audit reports add the Grand Jury to their list. Recommendation III-2 The Grand Jury recommends that the cities of Campbell, Gilroy, Milpitas and Santa Clara implement a program of process audits and process adherence, providing copies of the audits and staff responses to the Grand Jury. Recommendation III-3 The Grand Jury recommends that Los Altos, Los Altos Hills, Los Gatos, and Monte Sereno develop plans for the review of procedures and compliance, providing the information, results and recommendations to the Grand Jury. 7 PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 29th day of May, 2003. 4A-y) Fred de Funiak Forepers • Ron R. — an Foreperson Pr• em Patricia L. Cunningham Secretary 8 APPENDIX A FY 2002-2003 AUDITS, FINANCIAL REPORTS AND LETTERS RECEIVED ENTITY OR FUND DEPT TYPE Recmd Follow Up County Controller Audit Controller IA Y Professional Group, Valley Health Svcs SCVHHS IA , 6 Data Center Operations SCVHHS IA . 7 Employee Benefits HR Mgmt 9 Y Grants Juvenile Crime Enforcement Probation IA 5 Y Auto Insurance Fraud DA IA Organized Auto Fraud Interdiction Prog. DA IA Workers Comp. Fraud DA IA Funds SCC Law Library IA Child Development Program Soc Svcs IA School Districts Gavilan Joint Community College District Fiscal 5 Joint Powers Agencies Santa Clara Valley Water District CAFR Special Districts Loma Prieta Resource Consv. Dist. Fiscal N Saratoga Public Financing Authority Fiscal Burbank Sanitary District CAFR Saratoga Cemetery District Fiscal CITY OF CUPERTINO Single Grant Audit Finance IA Cupertino RDA RDA IA CAFR Mgmt Letter Finance IA CITY OF MILPITAS Internal Control Structure Finance Fiscal 1 CITY OF MORGAN HILL Morgan Hill RDA Housing Fund Requirements RDA Mgmt 3 Morgan Hill Police Property & Evidence Op's Police Mgmt Y Board of Corrections Insp. of MH Holding Fac. Police Mgmt 3 Development Process Services Comm Dev't Mgmt 39 Y Health Inspection of Morgan Hill Holding Facility Police Mgmt 3 Risk Management Audit Finance Mgmt 26 Y CAFR Management Report Finance Fiscal 3 Y CITY OF MOUNTAIN VIEW Foothill Disposal Co. Compliance Audit City Mgmt Cash Handling Procedures 1999 Various Study 16 Cash Handling Procedures 2002 Various Mgmt 15 Library Organization Review Library Scvs Mgmt 58 1 of 2 APPENDIX A FY 2002-2003 AUDITS, FINANCIAL REPORTS AND LETTERS RECEIVED ENTITY OR FUND DEPT TYPE Recmd Follow Up CITY OF PALO ALTO Utility Risk Mgmt Procedures Utilities Op's M•mt 24 Y Contract Processing Times Study Internal Control Structure Finance M • mt 7 Y Compliance with Prop 111 Finance Mgmt Public Improve Corp. FY2001 & 2002 Finance Fiscal Regional Water Quality Control Plant FY 2001 Finance Fiscal Cable Coop Franchise Year End 2000 & 2001 Finance Fiscal Bicycle/Ped FY2000 & 2001 Finance Fiscal Payroll Procedures & Practices Finance Fiscal 10 Y CITY OF SAN JOSE Cash Handling/Refund Building Mgmt 6 Y Customer Service Call Center Admin Mgmt 2 Petty Cash & Change Funds City Hall Mgmt Property Mgmt Operations Public Works Mgmt 12 Y Rental Dispute Program Neigh Svcs Mgmt 6 San Jose Arena Mgmt Mgmt 8 San Jose Office of Equality Assurance OEA Mgmt 10 Hayes Renaissance Center Compliance with Agreement Mgmt 3 Y Survey of Real Property Inventory Mgmt Y Neighborhood Clean -Up Program Planning M • mt 7 Project Technology Education (Tech Q III) Vehicle Replacement Program Gen Svcs Mgmt 15 CITY OF SARATOGA CAFR Mgmt Report Finance Fiscal CITY OF SUNNYVALE * Review Program 763 Status PW, Fleet Svcs Review Sun/GIS One Stop Permitting 30 Cable TV TCI Cable 14 Housing Division Operations Housing Mgmt 9 Y Federal Equitable Sharing Program 2001, 2002 Housing Fiscal Mini Program Performance Public Works Review 4 Standby Processes PW, Bldg, IS Mgmt 9 Y Library Collection Program 636 Libra M • mt 8 Library Services Program 637 Library Mgmt 3 Library Learning Program 638 Library Mgmt 9 Cash Receipts Process Y Purchasing Card Review OTHER AGENCY AUDITS Juvenile Confinement Facilities Inspection *The City of Sunnyvale had two audits that were not completed: Transportation Operations Audit was halted pending reorganization, and Accounts Payable was never completed. 2 of 2 Appendix Key Column headings: Entity or Fund Name of audit report Dept Department included in the audit Type Type of report IA Internal Audit Fiscal Financial Audit only Mgmt Management or process audit CAFR Comprehensive Annual Financial Report Study Study with recommendations Review Review of status of recommendations Inspect. Inspection report Recmnd Follow-up Number of Recommendations in Audit Report Follow-up actions by Grand Jury OFFICE OF THE MAYOR AND TOWN COUNCIL (408) 354-6801— FAX: (408) 399-5786 Sandy Decker, Mayor Steve Glickman, Vice Mayor Diane McNutt, Council Member Joe Pirzynski, Council Member Mike Wasserman, Council Member September 15, 2003 Honorable Thomas P. Hansen Presiding Judge Santa Clara Superior Court 191 North First Street San Jose, CA 95113 RE: 2002-2003 SANTA CLARA COUNTY CIVIL GRAND JURY REPORT - REVIEW OF AUDITS AND FINANCIAL REPORTS Dear Judge Hansen: The Town of Los Gatos, pursuant to Penal Code sections 933(c) and 933.05(c), hereby responds to the finding and recommendations contained in the above report of the Civil Grand Jury. FINDING I: The internal auditor for the City of Sunnyvale reports to the City Manager. Two management/performance audits were terminated in the early stages because of the need for major restructuring of the departments under audit. These were the audits of the Transportation Operations Department and the Roadside and Median Right of Way Services Department. Since the audits were terminated without the public receiving the information that would have been available with a direct report to the city council by an independent internal auditor, the public has limited ability to evaluate the operations of the departments and the effectiveness of the restructuring. Not reporting to the city council in open forum provides an opportunity for public perception of a cover-up, which negates the value of internal auditors as independent evaluators. RESPONSE: To the best of the Town's knowledge and in reliance on the fact finding of the Civil Grand Jury, the Town agrees with the finding. ATTACHMENT 2 Honorable Thomas P. Hansen September 15, 2003 Page 2 RECOMMENDATION I: The Grand Jury recommends that the City of Sunnyvale have the internal auditor report directly to the City Council. RESPONSE: To the best of the Town's knowledge and in reliance on the fact finding of the Civil Grand Jury, the Town agrees with the finding. FINDING II: The City of Santa Clara has designated a city auditor function and assigned it to the city clerk, who is independently elected. Current auditing activities are limited to verification of expenditures and associated documentation. RESPONSE: To the best of the Town's knowledge and in reliance on the fact finding of the Civil Grand Jury, the Town agrees with the finding. RECOMMENDATION II: The Grand Jury recommends that the City of Santa Clara expand the responsibilities of the city auditor function to include internal audit responsibilities and separate this function from the office of the city clerk. RESPONSE: To the best of the Town's knowledge and in reliance on the fact finding of the Civil Grand Jury, the Town agrees with the finding FINDING III: Seven cities/towns did not provide the Grand Jury with management reports or process audits. They are Campbell, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Santa Clara. Milpitas submitted a single audit on internal financial controls. The failure of the smaller cities/towns to perform regular management reports or process audits is understandable. However, for our more moderate -sized or larger cities, such as Campbell, Gilroy, Milpitas and Santa Clara, to ignore these tools of good management is to overlook potential improvements in providing high quality, efficient services to their citizens. Honorable Thomas P. Hansen September 15, 2003 Page 3 RESPONSE: To the best of the Town's knowledge and in reliance on the fact finding of the Civil Grand Jury, the Town agrees with the finding as it concerns cities other than the Town. The Town agrees with the finding concerning the Town. RECOMMENDATION III -I: The Grand Jury recommends that all cities or towns that do not currently include the Grand Jury on their routine distribution list for financial reports, CAFR's, budget, and audit reports add the Grand Jury to their list. RESPONSE: The Town agrees and will add the Santa Clara Civil Grand Jury to its routine distribution list for financial reports, CAFR's, budget, and audit reports. RECOMMENDATION III -II: The Grand Jury recommends that the cities of Campbell, Gilroy, Milpitas, and Santa Clara implement a program of process audits and process adherence, providing copies of the audits and staff responses to the Grand Jury. RESPONSE: The Town agrees with this recommendation to the extent that it does not involve the Town and subject to any objections made by the cities directly effected by the recommendation. RECOMMENDATION III -III: The Grand Jury recommends that Los Altos, Los Altos Hills, Los Gatos and Monte Sereno develop plans for the review of procedures and compliance, providing the information, results and recommendations to the Grand Jury. RESPONSE: The Town agrees and will incorporate into its administrative work plan in FY 2003/04 a process for review of selected procedures and compliance. As the information of these reviews becomes available, it will be forwarded to Grand Jury. Honorable Thomas P. Hansen September 15, 2003 Page 4 We trust that this fully responds to the report. Sincerely, SANDY DECKER Mayor SD:OK:pg N:1ATY\grand.jury.audit fin.LTR.wpd cc: Town Council Town Attorney Town Council Minutes September 15, 2003 Redevelopment Agency Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/AUGUST-SEPTEMBER 2003 (03.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council ratify the accompanying check registers for accounts payable invoices paid on August 29, 2003 and September 5, 2003 in the amount of $486,439.98. Carried unanimously. MINUTES OF SEPTEMBER 2, 2003 (04.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve the Minutes of September 2, 2003, Regular Joint Town Council/Redevelopment Agency Meeting corrected as follows: Page 8, under Silicon Valley Animal Control, the last sentence should read, "In the mean time the Humane Society is still covering sheltering and SVACA is handling field services." Carried unanimously. SANTA CLARA COUNTY CIVIL GRAND JURY REPORTS (5A&B.09) A. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to Santa Clara County Civil Grand Jury report - review of audits and financial reports. Carried unanimously. B. Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve response to Santa Clara County Civil Grand Jury report regarding listing of special districts, joint powers agencies, designated non-profit corporations and other governmental entities. Carried unanimously. SMITH RANCH COURT/HISTORIC STREET NAME (06.V) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council approve request to add the historic name "Smith Ranch Court" to the Town's Official Street Naming List. Carried unanimously. TOWN COUNCIL/REDEVELOPMENT/MEETING SCHEDULE FY 2003-2004 (07.28) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council amend Town Council/Redevelopment Agency Meeting Schedule for 2003-2004 Fiscal Year. Carried unanimously. COMMUNITY SERVICES COMMISSION/APPOINTMENT/STUDENT COMMISSIONER (08B.12) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council accept Community Services Commission recommendation to reinstate Jennifer Werner as .Student Community Services Commissioner. Carried unanimously. RETAINING WALL REPLACEMENT/PROJ:0210A/RESOLUTION 2003-110 (09.15) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $224,511.00 WITH CASEY CONSTRUCTION COMPANY FOR PROJECT 0210A RETAINING WALL REPLACEMENTS, and authorizing staff to issue change orders as necessary to the construction contract up to an amount of $30,000. Carried unanimously. TOPPING WAY #2/ANNEXATION/TOPPING WAY 16495/RESOLUTION 2003-111 (10.26) Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt Resolution 2003-111 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOPPING WAY #2 (APN:532-09-001) TO THE TOWN OF LOS GATOS. Carried unanimously. N:1CLK1Council Minutes130031M 09-15-03.wpd 3