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Home My WebLink AboutF012811 CCRetreat Agenda Packet (2) AGENDA COUNCIL RETREAT JANUARY 28, 2011 CITY COUNCIL RETREAT – SARATOGA PROSPECT CENTER – THE GRACE BUILDING 8:30 – 9:00 A.M.CONTINENTAL BREAKFAST CALL MEETING TO ORDER – 9:00A.M. ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on January 24, 2011) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. AGENDA TOPICS 1.9:00 –9:30Ice BreakerAnn Sullivan 2.9:30 –10:00Heritage TreesKate Bear 3.10:00–10:45Community Development Department Work Plan Development Sign OrdinanceRichard Taylor o Miscellaneous Zoning Code UpdateChris Riordan o Large Project SignsCynthia McCormick o 2010 Carryover ItemsRichard Taylor o 10:45–11:00BREAK 4.11:00–11:15Single Use, DisposableBagsUpdateRichard Taylor 5.11:15–11:30Proposition 26 OverviewRichard Taylor 6.11:30–12:00Budget OverviewHoward Miller/Mary Furey 1 12:00–12:30LUNCHBREAK 7.12:30–2:30Determine Economic VitalityProcessHoward Miller/Chuck Village Visioning Page/Dave Anderson o Economic Development o Village Adhoc o éÛÊÛÈÍÕÛéÛÐ×ÉèÛÄ×É 8.2:30–3:00Public Works UpdateJohn Cherbone/ Highway 9Safety ImprovementsMichael Taylor o Village – Phase II o Quarry Property Acquisition o Facilities o 3:00–3:15BREAK 9.3:15–3:45SB 375 Participation in Sub Regional Housing Richard Taylor/Chris Process (RHNA)Riordan 10.3:45–4:15Alcoholic Beveragesin ParksMichael Taylor 11.4:15–5:00Wrap Up–Reconcile PrioritiesHoward Miller/Dave Anderson 12.5:00AdjournmentHoward Miller In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting willenable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan,, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted onJanuary 24, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s www.saratoga.ca.us websiteat th Signed this 24day of January 2011 at Saratoga, California. Ann Sullivan, CMC, CityClerk 2 Crystal Morrow From:City Clerk [Ann Sullivan] Sent:Thursday, January 27, 2011 11:44 AM To:Crystal Morrow Subject:FW: Ltr to Saratoga City Council Attachments:IMG_2848 rear view.JPG; Ltr to Saratoga City Council.pdf Categories:Council Retreat Agenda Packet ëØÉËØÜÉÚÎËËØÊÍÎÏÙØÏÚØ×ËÎÐúÕËÔÊëÔÎËÙÜÏ ß²² Í«´´·ª¿²ô ÝÓÝ Ý·¬§ Ý´»®µ ïíééé Ú®«·¬ª¿´» ßª»²«» Í¿®¿¬±¹¿ô Ýß çëðéð Ì»´æ ìðèòèêèòïîêç From: City Clerk [Ann Sullivan] Sent: Thursday, January 27, 2011 10:13 AM To: DL - Council Cc: Dave Anderson Subject: FW: Ltr to Saratoga City Council ùØÜËúÎÈÏÚÔÑn ôÜÐ×ÎËÆÜËÙÔÏÖÜÏÎÉÕØËØÐÜÔÑÆÔÉÕÜÉÉÜÚÕÐØÏÉÊ×ÎËÄÎÈÉÎËØÇÔØÆÍËÔÎËÉÎÉÕØËØÉËØÜÉÉÎÐÎËËÎÆ ô×ÄÎÈÕÜÇØÜÏÄÌÈØÊÉÔÎÏÊÍÑØÜÊØÙÔËØÚÉÉÕØÐÉÎúÕËÔÊëÔÎËÙÜÏÜÉ éÕÜÏÒÄÎÈ ß²² Í«´´·ª¿²ô ÝÓÝ Ý·¬§ Ý´»®µ ïíééé Ú®«·¬ª¿´» ßª»²«» Í¿®¿¬±¹¿ô Ýß çëðéð Ì»´æ ìðèòèêèòïîêç From: Christopher Riordan Sent: Wednesday, January 26, 2011 5:53 PM To: City Clerk [Ann Sullivan] Cc: Howard Miller Subject: Ltr to Saratoga City Council ß²²ô ß¬¬¿½¸»¼·¿´»¬¬»®º®±³Î±²Ø·´´·¬±¾»º±®©¿®¼»¼¬±¬¸»Ý·¬§Ý±«²½·´º±®Ú®·¼¿§Ý±«²½·´Î»¬®»¿¬ò Ó¿§±®Ó·´´»®ô 1 Ì¸»¿¬¬¿½¸»¼´»¬¬»®·º®±³Î±²Ø·´´òÓ®òØ·´´®»½»·ª»¼¿Ý±²¼·¬·±²¿´Ë»Ð»®³·¬¿½±«°´»±º§»¿®¿¹±º±®¬¸» ½±²¬®«½¬·±²±º¿½¿¾¿²¿·²¸·®»¿®§¿®¼òÌ¸»¬«®º·²Ó®òØ·´´®»¿®§¿®¼·¿®¬·º·½·¿´¬«®º¿²¼²±¬®»¿´¹®¿òÌ¸» ·¬»½±ª»®¿¹»¿²¼¬¸»®»º±®»Ó®òØ·´´·¬»½±ª»®¿¹»»¨½»»¼¸· Ý·¬§Ý±¼»·²½´«¼»¿®¬·º·½·¿´¬«®º¿·³°»®ª·±« ³¿¨·³«³¿´´±©¿¾´»·¬»½±ª»®¿¹»º±®¸·¦±²»¼·¬®·½¬òß½±²¼·¬·±²±º°®±¶»½¬¿°°®±ª¿´©¿·³°±»¼¾§¬¸» Ð´¿²²·²¹Ý±³³··±²¬¸¿¬¬¿¬»¼¬¸¿¬¿°±®¬·±²±º¬¸»¿®¬·º·½·¿´¬«®º·¬±¾»®»³±ª»¼ô°®·±®¬±¾«·´¼·²¹°»®³·¬ º·²¿´ô±¬¸¿¬¬¸»·³°»®ª·±«·¬»½±ª»®¿¹»©±«´¼²±¬¾»»¨½»»¼»¼òÓ®òØ·´´¸¿½±³°´»¬»¼¸·½¿¾¿²¿¾«¬ ½¿²²±¬¹»¬¾«·´¼·²¹°»®³·¬º·²¿´«²¬·´¸»®»³±ª»¬¸»¿®¬·º·½·¿´¬«®ºòÓ®òØ·´´¸¿¿´©¿§±¾¶»½¬»¼¬±¸·¿®¬·º·½·¿´ ¬«®º¾»·²¹½±²·¼»®»¼·³°»®ª·±«½±ª»®¿¹»¿²¼¸¿¾»»²®»¯«»¬·²¹¬¸¿¬¬¸»Ý·¬§»¨»³°¬¸·¿®¬·º·½·¿´¬«®º º®±³¬¸»¼»º·²·¬·±²±º´±¬½±ª»®¿¹»ò Ý¸®·Î·±®¼¿² 2 Ö¿²«¿®§ îìô îðïï Ø±²±®¿¾´» Ó¿§±® Ø±©¿®¼ Ó·´´»® Ø±²±®¿¾´» Ó»³¾»®ô Ý·¬§ Ý±«²½·´ ß¼¼®»æ Ý·¬§ ±º Í¿®¿¬±¹¿ ïíééé Ú®«·¬ª¿´» ßª»òô Í¿®¿¬±¹¿ô Ýß çëðéð ÎÛæ 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»²½´±»¼ ®»¿® §¿®¼ô ¿²¼ ¬¸» ®»¯«·®»³»²¬ º±® « ¬± ®»³±ª» ¬¸» ßÌñ¹®¿ª»´ ¾» ¼»´»¬»¼ ± ©» ³¿§ ®»½»·ª» ±«® º·²¿´ ±² ¬¸» ¾«·´¼·²¹ °»®³·¬ò Ì¸» Ý·¬§ Ý±«²½·´ ¬¸»² ¬¿µ»¼ ¬¸» Ð´¿²²·²¹ Ü»°¬ò ¬± ©±®µ ±² ©±®¼ ¬¸¿¬ ©±«´¼ ®»±´ª» ½±²º´·½¬ ·² ¬¸» ½±¼» ¿²¼ ½´¿®·º§ ¬¸» ·²¬»®°®»¬¿¬·±² ±º ×³°»®ª·±« Ý±ª»®¿¹»ò ½¸¿²¹» ½±«´¼ ±½½«® ´¿¬»®ò Ì¸» Ð´¿²²·²¹ Ü»°¬ò ¸»´¼ ¿ ¬«¼§ »·±² ¬± ¿²©»® ¬¸» Ý±«²½·´ ®»¯«»¬ ¾«¬ ©¿ °«¬ ±² ¸±´¼ º±® ³±®» °®»·²¹ ·«»ò Û²½´±»¼ · ¿ °¸±¬± ±º ±«® ®»¿® §¿®¼ ©·¬¸ ¬¸» ßÌ ¿²¼ Ù®¿ª»´ ©¿´µ©¿§ «²¼»® ¼·½«·±²ò É» ©±«´¼ ¿°°®»½·¿¬» ¬¸· ·¬»³ ¾» ®»±´ª»¼ ©·¬¸·² ¿ ®»¿±²¿¾´» ¬·³» º®¿³» ± ©» ³¿§ ±¾¬¿·² ±«® º·²¿´ º±® ±«® ¾«·´¼·²¹ °»®³·¬ò Ø¿ª·²¹ ¾»»² ¿ Ð´¿²²·²¹ Ý±³³··±²»®ô × ©±«´¼ ¾» ¸¿°°§ ¬± ©±®µ ©·¬¸ ¬¿ºº ·² ¼»ª»´±°·²¹ ©±®¼ º±® ¬¸» »¨½»°¬·±² °®±½»ò Î»°»½¬º«´´§ §±«®ô Î±²¿´¼ ¿²¼ Í«¦¿²²¿ Ø·´´ ïèëèè É±±¼¾¿²µ É¿§ Í¿®¿¬±¹¿ô Ýß çëðéð ìðèóîîïóèêîë ½»´´ SARATOGA CITY COUNCIL RETREAT COUNCIL RETREAT:DEPARTMENT: January 28, 2011Community Development PREPARED BY: Kate Bear, Arborist SUBJECT: HERITAGE TREES At the November 3, 2010 City Council meeting, Council directed staff to bring the topic of heritage trees to the retreat in January 2011. In 2006 the City Council proclaimed a list of 20 large, old and majestic trees as a significant contribution to the City’s heritage. These trees are suggested for consideration as candidates for the City’s first heritage trees. A copy of the proclamation with a list of trees is attached to the end of this report. Creating a list of heritage trees is consistent with Saratoga’s vision for the City. The vision for the City includes preserving the natural beauty of the hillsides, preserving the City’s historic assets, including trees, raising the awareness of community members, and maintaining a small- town, picturesque, residential atmosphere. The process of designating a heritage tree would be voluntary and could be initiated by either the City or a resident. An application would be completed and provided to the City for Historic Preservation Commission (HPC) review. The HPC would make a determination and, if the tree qualified for heritage status, would recommend the tree to the Council for consideration. The Council would consider the recommendation and make a determination. A list of heritage trees could be created, and this record could be maintained and periodically updated by the Council as new trees are added, or trees die and are removed from the list. Criteria were selected for determining heritage trees based on criteria used in surrounding cities. Suggested criteria for heritage tree status include the following: unique qualities of the tree; importance of the tree to the community; whether it is an outstanding specimen; and whether the tree is very old or has a very large girth. In addition, candidates for heritage tree status would represent the cultural or educational, economic or agricultural, social or indigenous, or historic heritage of the City of Saratoga. A book with photos of trees designated to have heritage status can be kept at the Historical Museum to commemorate the trees selected. Property owners of heritage trees could be acknowledged at Arbor Day Celebrations each year. City Code Chapter 13 would require amendment to include the criteria for a heritage tree. 1 Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Our Heritage Trees: Heritage trees are those trees which deserve special recognition due to age, historical significance, size or beauty. Heritage trees in Saratoga that deserve special recognition are: Aloha OakFarmhouse Oak on Farwell Ave.Ravenwood Oak Avon Oak, off of QuitoFarwell Three OaksSaratoga Springs Bay Big Oak on Oak StreetHakone OakSaratoga Springs Oak Blaney Plaza OakHakone OaksSaso Oak on Farwell Ave. Blaney Plaza Stone PinesHakone RedwoodsSt. Andrew's Oak Damon and Teerlink Kevin Moran Park Redwood GroveSobey Road Oak Message Oak Madronia Cemetery - Mary Brown -West Valley College - Ancient District Office’s Oak Pourroy RedwoodBlue Oak Madronia Cemetery - DawnWest Valley College - Jenni's Donna Lane Fig RedwoodOak Madronia Cemetery - Ponderosa Douglass OakWest Valley College - Live Oak Pine Historic Oak Street House With OldVilla Montalvo - Bunya Bunya Douglass Ln. Oaks Oak GroveTree Donna Lane OakQuito Sycamore Aloha Oak 2 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Avon Oak, off of Quito Big Oak on Oak Street 3 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Blaney Plaza Oak Blaney Plaza Stone Pines 4 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html District Office’s Oak Donna Lane Fig Damon and Teerlink Oak 5 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Douglass Oak Douglass Ln. Oaks 6 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Donna Lane Oak Farmhouse Oak on Farwell Ave. (unfortunately fell September 2009) 7 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Farwell Three Oaks Hakone Oak 8 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Hakone Oaks Hakone Redwoods 9 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Kevin Moran Park Redwood Grove Madronia Cemetery - Dawn Redwood 10 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Madronia Cemetery - Mary Brown - Pourroy Redwood Madronia Cemetery - Ponderosa Pine 11 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Historic Oak Street House With Old Oak Grove Quito Sycamore 12 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Ravenwood Oak Saso Oak on Farwell Ave. 13 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html St. Andrew's Oak Sobey Road Oak 14 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html West Valley College - Jenni's Oak West Valley College - Live Oak 15 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html West Valley College - Ancient Blue Oak Saratoga Springs Bay 16 of 171/26/2011 4:45 PM Heritage Tree Society of Saratogahttp://www.heritagetreesofsaratoga.org/OurTrees.html Saratoga Springs Oak Villa Montalvo Bunya Bunya Tree Photos by Ron Leckie, Paul Hernandez and VenzFinePhoto.com HomeAbout UsOur Heritage TreesCurrent TopicsEventsQuestionsContact Us Site created by D. Hernandez ©2009 All rights reserved. Any comments: Email email webmaster 17 of 171/26/2011 4:45 PM SARATOGA CITY COUNCIL RETREAT2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENTS:CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: Chris Riordan ____________________________________ SUBJECT: City Ordinances Work Program 2011 RECOMMENDED ACTION: Direct Staff Accordingly. The following is a list of city ordinances needing updating: Update the Sign Ordinance 1.–The Sign Ordinance has not had a complete update in over 20 years and the City Attorney has found the ordinance to be unenforceable. Miscellaneous Zoning Codeupdate 2.–This is a minor update to correct inconsistencies in the code and confusing language. Large Project Signs 3.-Create a new requirement to place large signs on properties with the plans and a description of the project on the sign. 2010 Carryover Items 4.-Specify that mixed use projects may include less than 50% commercial space, andsatisfy someor all of their parking requirements through shared parking (if authorized by the Planning Commission) only if the project includes fewer than five residential units. Amend the General Plan to clarify that the higher densities currently allowed in the CN(RHD) District at Prospect and Lawrence are allowed only at that site and not elsewhere in the City. CITY WORK PROGRAM 2011 OrdinancePC CEQA ConsultantCity Level of Assigned Review?Review?Needed?AttorneyStaff EffortCity Dept. Effort Sign Ordinance YesYesNoMajorMajorCDD update Miscellaneous YesNoNoModerateModerateCDD Zoning Code update Large Project YesNoNoMinorMinorCDD Signs 2010 Carryover YesNoNoModerateModerateCDD Items SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: Community Development Dave Anderson PREPARED BY: DIRECTOR: Christopher Riordan Christopher Riordan SUBJECT: Miscellaneous Zoning Code Update RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: During the day to day review and implementation of the City’s Zoning Ordinance, Staff identifies specific code sections that are inconsistent with other sections of the code, are difficult to interpret or that have been preempted by changes to California law. Staff maintains a list of these proposed code for reference when considering an update to the Zoning Code. DISCUSSION: The proposed modifications to the Zoning Code are as follows: Solar Panels Section 15-80.030(f) states that with the approval of the Community Development Director, solar panels not exceeding six feet in height may be located within a rear setback. Staff is proposing to remove this restriction as recent changes to State Law preempt City Code requirements limiting the installation of solar panels with respect to placement, height, and counting as site coverage. State laws also restricts City’s from requiring Design Review approval or Conditional Use Permits for solar panels. However, this exemption from city regulations would not be applicable if the Building Official has a good faith belief (based on written standards, policies or conditions) that the solar energy system could have a specific, adverse impact upon the public health or safety. Change the word Adjacent to Abutting. Recent Case Law has held that the word “adjacent” means “nearby” but not necessarily having a common property line. There are frequent uses of the word “adjacent” in the City Code when referring to properties sharing a common property line. The word “adjacent” is not defined in Article 15-56 (Definitions). In the code sections where the use of the word “adjacent” does refer to a property sharing a common property line, staff is proposing that this word be replaced with the word “abutting” which is defined in Article 15-56. As defined in the City Code, “Abutting” means having a property line or district lines in common. Change QPF (Quasi-Public Facility to CFS (Community Facilities) During the 2007 update to the City’s Land Use Element of the General Plan, the Quasi-Public Facilities(QPF) General Plan designation was changed to Community Facilities (CFS). References to the QPF designation still exist in the Zoning Code. Staff is proposing to replace QPF with CFS in the various codes sections where QPF is still referenced. Appeal Time Limits City Code Section 15-90.050 (Appeals) states that ten (10) calendar days is the time limit for filing an appeal to the Planning Commission decision. However, City Code Section 15-45.065(c) states that a decision of the Community Development Director is appealable to the Planning Commission within fifteen (15) calendar days. Staff is proposing to correct this inconsistency by modifying City Code Section 15-90.050 from 10 days to 15 days. Location of Enclosed Accessory Structures City Code Section 15-80.030(d)(1) allows, upon the granting of a conditional use permit from the Planning Commission, for eight foot tall enclosed accessory structures to be located six feet from the rear property line. This section does not include a required setback from a side property line. The absence of a required setback from a side property line could allow an accessory structure (such as a garage) to be constructed with no side setback. Staff is proposing a six foot side setback for accessory structures so as to be consistent with the required six foot rear setback. City Code Section 15-80.030(d)(2) allows, with approval by the Community Development Director, enclosed accessory structures less than 250 square feet and not more than six feet in height, to be located six feet from a rear property line. This section does not include a required setback from a side property line. The absence of a required setback from a side property line could allow an accessory structure (such as a garden shed) to be constructed with no side setback. Staff is proposing a six foot side setback for accessory structures (less than 250 feet) so as to be consistent with the required six foot rear setback. Unenclosed garden structures (City Code Section 15-80.030(e)), such as play structures and gazebos, are required to be located at least six feet from a rear and side property line. Requiring a side setback for enclosed accessory structures would provide a consistent side setback for all accessory structures and unenclosed garden structures. FOLLOW UP ACTION: Direct staff accordingly. ATTACHMENTS: None SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENTS: CITY MANAGER: Community Development Dave Anderson PREPARED BY: DIRECTOR: Cynthia McCormick Chris Riordan SUBJECT: Large Project Signs- City Ordinances Work Program 2011 RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: Each year the City Council reviews potential City Code amendments and provides direction to staff regarding the amendments to be pursued in the year ahead. In 2009, the City Council considered creating a new requirement to place large signs on properties with pending projects. At that time the City Council prioritized the Story Pole Ordinance and placed the project sign ordinance proposal on the list of potential future updates. The Planning Commission has recommended that project signs contain a description of the project and a copy of the plans. DISCUSSION: The purpose of an ordinance requiring signs on properties with a pending project would be to provide a more evident notification to neighbors of a proposed project. In the past, residents have complained that they were unaware of a pending project, despite standard notification procedures including mailed notices and newspaper notification. The benefit of requiring large signs on properties with a pending project would be to provide explicit facts and details about a project, potentially circumventing rumors and misinformation. The Council should provide staff direction on the desired characteristics of a project sign, including content, size, colors and materials, location, and timing. Staff has included an attachment summary of project sign characteristics amongst various cities throughout i California. Content: The content of the sign could simply be a copy of the standard notice with the Hearing date and brief project description. Or, it could include the project number, project description (e.g., floor area, height, lot coverage), site plan, elevation drawing, applicant contact information, City/staff contact information, city logo, etc. Size: The size of the sign would largely depend on the desired content and visibility from the street. For example, the sign could be as small as 8½” x 11” for simply posting the standard notice (see attached), or may require a larger format if the sign includes an elevation drawing and site plan Colors and Materials: The City could specify the colors and materials of the sign. For example, some cities require a recyclable coroplast sign with a bright yellow background and black letters. Other cities require a specific font type and size (e.g., 2” Bold Arial). Location: The City could require that the sign be posted a certain distance from a street facing property line so that it is clearly discernible to passing pedestrians and vehicles but is outside the sight triangle of visibility. Timing: The applicant could be required to post the sign immediately upon application to the city or wait until the application has been found complete and scheduled for a Public Hearing or approval by staff. For example, some cities require the sign to be posted immediately and then updated with a copy of the notice once a Public Hearing date has been determined (see example sign illustration). Most cities require signs be posted until the end of the appeal period. Threshold : Project signs could be required for only certain types of projects. For example, the City could require that signs be posted for projects requiring a Public Hearing and/or Administrative Review since either of these projects require standard noticing. Consistency and Verification : For consistency, some cities provide the sign materials to the applicant (at the applicant’s cost), while some other cities contract the signs out to a sign company (at the applicant’s cost). Most cities require the applicant to prepare the sign with final approval by staff. Most cities also require applicants to provide an affidavit and/or a photo verifying the sign has been properly posted. FOLLOW UP ACTION: None required. ATTACHMENTS : 1.City of Saratoga Notice Example 2.Matrix Summary of California Cities with project sign requirements. 3.Sign Illustration Examples (City of Berkeley and City of Santa Rosa) i The matrix includes only those cities who responded to a survey requested by staff. EXAMPLE Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ Ý·¬§ ±º Í¿®¿¬±¹¿ ïíééé Ú®«·¬ª¿´» ßª»²«» Í¿®¿¬±¹¿ô Ý¿´·º±®²·¿ çëðéð ÒÑÌ×ÝÛ ÑÚ ×ÒÌÛÒÌ ÌÑ ßÐÐÎÑÊÛ ßÒ ßÐÐÔ×ÝßÌ×ÑÒ ÚÑÎ ß ÒÛÉ Í×ÒÙÔÛ ÚßÓ×ÔÇ ØÑÓÛ ÔÑÝßÌÛÜ ßÌ ïèéíí ßÚÌÑÒ ßÊÛÒËÛ Ð®±¶»½¬ Ü»½®·°¬·±²æ Ì¸» Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ¸¿ ®»½»·ª»¼ ¿² ÜÍÍÑÔÚÜÉÔÎÏüùë n º±® ¿²»© øßÐÒ íèçóïéóðëí÷ò Ì¸» »¨·¬·²¹ ¸±³» ©·´´ ¾» ·²¹´» º¿³·´§ ¸±³»´±½¿¬»¼ ¿¬ïèéíí ßº¬±² ßª»²«» ¼»³±´·¸»¼ ¿²¼ ¿ ²»© ïó¬±®§ô íôíêç ¯«¿®»óº±±¬ ¸±³» ©·¬¸ ¿¬¬¿½¸»¼ ¹¿®¿¹» ©·´´ ¾» ¾«·´¬ò Ì¸» ¸»·¹¸¬ ±º ¬¸» ¸±³» ©·´´ ²±¬ »¨½»»¼ »·¹¸¬»»² º»»¬ò Ì¸» °®±°±»¼ »¨¬»®·±® ½±´±® ¿²¼ ³¿¬»®·¿´ ·²½´«¼» ²»«¬®¿´ ¬±²»ô ³··±² ½±²½®»¬» ¬·´» ®±±ºô ©±±¼ »²¬®§ ¼±±®ô ¿²¼ ½¿®®·¿¹» ¬§´» ¹¿®¿¹» ¼±±®ò Ð«¾´·½ Î»ª·»©æ ß´´ ½±²½»®²»¼ °¿®¬·» ©·´´ ¸¿ª» º·º¬»»² øïë÷ ½¿´»²¼¿® ¼¿§ ·² ©¸·½¸ ¬± ®»ª·»© ¬¸» ¿°°´·½¿¬·±² ¿²¼ °®±ª·¼» ©®·¬¬»² ½±³³»²¬ò Ì¸» ®»ª·»© °»®·±¼ ¾»¹·² éæíð ¿³ Ó¿§ ëô îððè ¿²¼ »²¼ ¿¬ ëæðð °³ Ü»¬¿·´»¼ °´¿² ±º ¬¸» °®±°±¿´ ¿®» ¿ª¿·´¿¾´» ¿¬ ¬¸» Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿§ ïçô îððèò Ü»°¿®¬³»²¬ ´±½¿¬»¼ ¿¬ ïíééé Ú®«·¬ª¿´» ßª»²«» ¾»¬©»»² ¬¸» ¸±«® ±º éæíð ¿ò³ò ¿²¼ ëæðð °ò³òô Ó±²¼¿§ ¬¸®±«¹¸ Ú®·¼¿§ò Ý·¬§ Ø¿´´ · ½´±»¼ »ª»®§ ±¬¸»® Ú®·¼¿§ò Ð´»¿» ½¸»½µ ¬¸» Ý·¬§ ©»¾ ·¬» ¿¬ ÆÆÆÊÜËÜÉÎÖÜÚÜÈÊ×ÎËÉÕØúÔÉÄiÊÆÎËÒÊÚÕØÙÈÑØ Ð´»¿» °®±ª·¼» ¿²§ ½±³³»²¬ ±® ½±²½»®² ·² ©®·¬·²¹ ¬± ¬¸» Ð´¿²²·²¹ Ü»°¿®¬³»²¬ ¬± ¬¸» ß¬ ¬¸» »²¼ ±º ¬¸» º·º¬»»² øïë÷ ¼¿§ ®»ª·»© ¿¬¬»²¬·±² ±º Ý§²¬¸·¿ Ó½Ý±®³·½µô ß·¬¿²¬ Ð´¿²²»®ò °»®·±¼ô ¿ ¼»½··±² ©·´´ ¾» ³¿¼» ±² ¬¸» °®±¶»½¬ò Ì¸· ¼»½··±² ³¿§ ¾» ¿°°»¿´»¼ ¬± ¬¸» Ð´¿²²·²¹ Ý±³³··±² ©·¬¸·² º·º¬»»² øïë÷ ½¿´»²¼¿® ¼¿§ ¿º¬»® ¬¸» ¼¿¬» ±º ¬¸» ¼»½··±²ò ×² ±®¼»® ¬± ¿°°»¿´ ¿² ß¼³·²·¬®¿¬·ª» Ü»·¹² Î»ª·»© ¿½¬·±² ¿ ½±³°´»¬»¼ ß°°»¿´ Ú±®³ ³«¬ ¾» «¾³·¬¬»¼ ¬± ¬¸» Ý·¬§ Ý´»®µ ¬±¹»¬¸»® ©·¬¸ ¿ º»» ±º üìððò Ì¸» °®±°±¿´ ©·´´ ¾» ½±²¼·¬·±²¿´´§ ¿°°®±ª»¼ ©·¬¸ ³·²±® ³±¼·º·½¿¬·±² «²´» ¬¸»®» · »ª·¼»²½» ¬¸¿¬ ¬¸» °®±¶»½¬ · ¿®½¸·¬»½¬«®¿´´§ ·²½±³°¿¬·¾´» ©·¬¸ ¬¸» ²»·¹¸¾±®¸±±¼ô «²®»¿±²¿¾´§ ·²¬»®º»®» ©·¬¸ ª·»©ô °®·ª¿½§ ±® ±´¿® ¿½½»·¾·´·¬§ô ±® ©±«´¼ ½®»¿¬» ¿² ¿¼ª»®» »ºº»½¬ ±² ¬¸» »²ª·®±²³»²¬ò EXAMPLE I.E Pre-App Sign-Small SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: City Attorney Dave Anderson PREPARED BY: DIRECTOR: Jaclyn Prange, Richard Taylor Shute, Mihaly & Weinberger SUBJECT: Single Use Disposable Bags Update RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: The City Council recently adopted single use carryout bag ordinance. State law prohibits local agencies from imposing a fee on plastic bags, so charge on paper bags. As described below, opponents of the San Jose Ordinance have indicated that they may challenge the ordinance under the California Environmental Quality Act Proposition 26, and a State law regarding plastic bag recycling programs (AB 2449). DISCUSSION: On January 11, 2011, San Jose adopted a single-use carryout bag ordinance (the ). Beginning in 2012, the Ordinance prohibits retailers from providing plastic bags to customers and requires retailers to charge a ten-cent fee for paper bags. The fee will increase to 25 cents in 2014. Any paper bag provided by retailers must contain at least 40% post- The Ordinance also requires retailers to itemize sales of paper bags on receipts and keep records of those sales for three years. The Ordinance applies to all retailers, with the exception of nonprofit charitable re- users, such as the Salvation Army, and restaurants or other prepared-food establishments. The Ordinance also exempts bags used to transport produce, bulk food, or meat within a store; bags used to hold prescription medications; and bags used to segregate food or merchandise that could damage or contaminate other food or merchandise in a reusable or paper bag. Before adopting the Ordinance, San Jose prepared an Environmental Impact Report : www.sanjoseca.gov/planning/eir/EIR.asp. The EIR acknowledges that the Ordinance could cause adverse environmental impacts by increasing paper bag use, which could increase Page 1 of 3 paper bag litter,tree harvesting, air pollution, and water and energy use. However, the EIR concluded that none of these impacts would be significant, especially because the increase in plastic bag use would only be temporary while people adjust to bringing their own bags. Because much is not location specific, cities could use it as a starting point for their environmental review and tailor it to local conditions. Green Cities California has also prepared a Master Environmental Assessment to assist local agencies in the preparation of EIRs for bag ordinances: http://greencitiescalifornia.org/mea. Ordinance opponents have threatened to sue San Jose over its Ordinance. Two of the biggest opponents of plastic bag bans are the American Chemistry Council (www.americanchemistry.com/s_plastics/doc.asp?CID=1106&DID=6983), and the Save the Plastic Bag Coalition, represented by San Francisco attorney Stephen L. Joseph (www.savetheplasticbag.com/). its positions on bag ordinances. These organizations have used or threatened to use three laws to challenge bag ordinances : CEQA, Proposition 26, and AB 2449. CEQA Compliance The Save the Plastic Bag Coalition has challenged many bag ordinances o prepare an EIR. So far, the challenges have been largely successful. In January 2010, the California Court of Appeal concluded that the City of Manhattan Beach violated CEQA when it did not prepare an EIR for its ordinance banning plastic bags. The court decided that there was a fair argument based on substantial evidence that the resulting increase in paper bag use would cause significant impacts on the environment, including increases in energy use and air pollution. Notably, California Supreme Court recently granted the decision. The parties have submitted briefs, and oral argument should be scheduled soon. The Save the Plastic Bag Coalition has filed similar lawsuits against Los Angeles County and the City of Palo Alto, and has threatened legal action against other agencies, including San Jose. Both Palo Alto and Los Angeles County have settled. Palo Alto agreed to prepare an EIR for any expansion of its ban (which currently applies to only grocery stores), and Los Angeles County agreed to prepare an EIR for its ordinance. It is too early to tell if, and how vigorously, plastic bag manufacturers will challenge the adequacy of EIRs prepared for bag ordinances. Proposition 26 Issues The American Chemistry Council under Proposition 26, which California voters passed on November 2, 2010. Among other things, the new law changes voter approval requirements for many fees by redefining them as taxes. Under existing law, general taxes must be approved by a majority of voters and special taxes must be approved by two-thirds of voters. The ACC ordinance imposes a tax because it requires retailers to charge a fee for paper bags. Local agencies such as San Jose reply that the fee is not subject to Proposition 26 at all because it is not collected by the governmentall of the proceeds go to the retailers. Instead, agencies argue, the bag fee is a Page 2 of 3 price control. Preemption by AB 2449 The Save the Plastic Bag Coalition has also threatened to sue San Jose under AB 2499, a 2006 law that requires retailers to establish plastic bag recycling programs. AB 2499 also forbids local agencies from imposing fees on plastic bags. Although the text of the law does not prohibit local agencies from banning plastic bags, plastic bag manufacturers argue that it nonetheless preempts local agencies from doing so based on the legislative history. It does not appear that this argument has been successful thus far. FOLLOW UP ACTION: None required. ATTACHMENTS : San Jose Single Use Plastic Bag Ordinance Page 3 of 3 SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: City Attorney Dave Anderson PREPARED BY: DIRECTOR: Richard Taylor Richard Taylor SUBJECT: Proposition 26 Summary RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: California voters passed Proposition 26 on November 2, 2010. Because it institutes voter approval requirements for many new fees, the law will change the way local governments fund environmental, public health, and social programs. This report summarizes the key provisions of the measure that directly affect cities. DISCUSSION: Background Propositions 13 and 218, passed in 1978 and 1996, respectively, li ability to impose new taxes. These laws require general taxes to be approved by a simple majority of voters and special taxes to be approved by a two-thirds supermajority of voters. Conversely, under Propositions 13 and 218 fees need only by approved by a majority of the of extensive litigation. For example, in Sinclair Paint Co. v. State Board of Equalization, the state imposed a fee on companies responsible for lead poisoning in order to fund a lead poisoning remediation program for children. The California Supreme Court decided that the fee was not a tax because it did not exceed the reasonable cost of providing the mitigating service (lead remediation) and was not for unrelated revenue purposes. Opponents of the fee had argued it was a tax because it did not directly benefit the parties paying the fee. Analysis The proponents of Proposition 26 sought to overturn Sinclair Pa holding that Page 1 of 3 regulatory fees are not subject to the voter approval requirements of Propositions 13 and 218. In include many funding measures previously cla under one of seven exceptions. Proposition 26 applies to all new fees and to any increase in existing fees. It does not apply retroactively to fees already in effect. The seven exceptions requirements are discussed below. Specific Benefit Fees. 1. a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of should cover fees for direct local services (e.g., parking passes and permits). Service Charges. 2. T government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of fees, transit fees, and utility fees. Permit Fees. 3. regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the building and planning permit fees, as well as fees for fire, restaurant, and housing inspections, for example. Entrance/Use Fees. 4. use of local government property, or the purchase, rental, or lease of local government -of-way use franchise fees. Fines and Penalties. 5. charge imposed by the judicial branch of government or a local government, as a result of exception, this exception does not expressly require impose such limits, including in the area of code enforcement. Property Development Charges. 6. condition of property development. This likely includes payments required to mitigate a such as subdivision improvement fees and the like. While this exception is fairly broad, these types of charges are subject to existing constitutional and statutory limitations. Assessments and Property Related Fees. 7. The seventh exception applies to -related fees imposed in accordance with the provisions of Page 2 of 3 This seeks to provide assurances that assessments and fees imposed in accordance with Proposition 218 will not be subject to an additional layer of regulation under Proposition 26. Note that local governments may not be able to rely on the first two exceptions if they provide free or discounted passes or services because doing so may run afoul of the requirement that the In addition, the measure also states that in the event of a challenge the local government has the burden to prove that the amount of ernmental activity . . . s will make it important for local governments to clearly document the basis for all new fees and charges. FOLLOW UP ACTION: None required. Page 3 of 3 CITY COUNCIL RETREAT January 28, 2011 MID-YEAR BUDGET OVERVIEW 1. Mid-Year Budget Status Attachment 1 2. Forecast Highlights A. Revenue assumptions 1. Trends 2. One-time revenue sources B. Expenditure assumptions 1. Core Services 2. Staffing 3. Labor Costs COLA PERS Rates Insurance Benefits 3. Budget Calendar Attachment 2 4. Budget Policies and Practices Attachments 3 and 4 ß¬¬¿½¸³»²¬ ï Í«³³¿®§ ±º Ó·¼óÇ»¿® Í¬¿¬« Ó·¼óÇ»¿® ß¼¶ Þ«¼¹»¬Û¬·³¿¬» îðïðñïïîðïðñïï Ñ°»®¿¬·±² Æ`ªk ûû ¼ªøñª20+Ë//420+Ë//4 Ò»¬ Í±«®½» ïëôíïéôððì ïëôíìçôíìê ZªÃk ûû ¼ªøÕk,-.Ë+,1,-.Ë+,1 Ò»¬ Ë» ïêôíçéôêïî ïêôëíëôíêé Ò»¬ Ñ°»®¿¬·±² øïôðèðôêðé÷ øïôïèêôðîï÷ Ô»æ Ë» ±º Î»»®ª» ª`Ã£ª«ª±Æ`/4Ë444/4Ë444 `±£«ªÂ`ÃÆ`234Ë444234Ë444 Yø£_Æ`.,Ë.44.,Ë.44 ñÉÆ`--.Ë+,1--.Ë+,1 Ì±¬¿´ Ë» ±º Î»»®ª» ïôïðëôëèí ïôïðëôëèí Ò»¬ Í±«®½» ú Ë»20Ë+-.¢,4Ë01,¡ ÙÚ ÞËÜÙÛÌ ßÜÖËÍÌÓÛÒÌ ÎÛÊÛÒËÛÍ ×²½®»¿»æ ú¦244+´34ÂÆÃøøÃ«k«ª0,Ë444 Ü»½®»¿»æ ñªñª£«¢14Ë444¡ Ò»¬ Î»ª»²«» ×²½®»¿» 3,Ë444 ÛÈÐÛÒÜ×ÌËÎÛÍ ×²½®»¿»æ ¸ªkÐ£ÐªÃTÃ£ª±±Ð±`Ã14Ë444 ¸ªkÐ±Ã«£334Ë444 Ü»½®»¿»æ ±Ã£ªZª¢2-Ë444¡ Ò»¬ Û¨°»²¼·¬«®» ×²½®»¿» 331Ë444 ÒÛÌ ÞËÜÙÛÌ ßÜÖËÍÌÓÛÒÌ º®±³ Ë²¼»·¹²¿¬»¼ Ú«²¼ Þ¿´¿²½»æøçëôððð÷ ß¬¬¿½¸³»²¬ í SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 26, 2009 DEPARTMENT: CITY MANAGER: Finance & Administrative Services Dave Anderson PREPARED BY: DIRECTOR: Mary FureyMary Furey SUBJECT: Budget Policy Review RECOMMENDED ACTION: Review current and proposed budget policies and practices, and provide direction to staff REPORT SUMMARY: In alignment with Governmental (GFOA) best practices, Operating and Capital Budgets serve as a financial plan, as well as a policy document, a communications tool, and an operations guide. The annual budgets are developed with an emphasis on long-range planning, service delivery, and program management with the fundamental purpose of these documents to provide a linkage between the services and projects the City intends to accomplish, and the resources committed to get the work done. stth The City adopts an annual Operating and Capital Budget effective from July 1 through June 30 of the following calendar year. The Operating Budget allocates funding for ongoing costs and services which support and benefit the community including: street and park maintenance; development and building oversight; public safety and emergency preparedness; recreation and teen services; facility and equipment maintenance; financial management; and city administration. The Capital Budget provides for individually approved infrastructure improvements and is adopted on a project basis, meaning project funding and expenditure appropriations carryforward (as adjusted) to the subsequent fiscal year. Adopted high level budget policy concepts that the City currently operates under are incorporated within the Financial Policy Statements which were adopted by Council on October 1, 2008, and are included in the budget document for general reference. (Attachment A) th As a result of the October 13, 2009 Cost Recovery study session, Council direction affirmed the t recovery goal of approximately 65%, in alignment with cost recovery obtained by other surveyed Recreation Departments. The Council did not establish a cost recovery rate for the Community Development Department as it was determined there was not enough consistent financial information to make a valid, fact-based decision. However, Council did establish a fund balance policy for the Development Reserve which allows for the utilization of (up to) one-third of the fund balance reserve to offset revenue shortfalls. This new policy is to include direction that Community Development Department excess revenues over expenditures would be allocated into the Development fund balance reserve in order to build the reserve up in more profitable years, for use in Page 1 of 14 less profitable years. This mechanism was implemented to mitigate the economic impacts of revenue peaks and valley that occurs with development activities over multiple year cycles. In addition to the budget policies Council adopted as part of the overall Financial Policies Statements and Cost Recovery Study Session, the following standard budget policies and practices are regularly incorporated into the budget process, and could be added as amendments to the financial policies: (Please note that the following budget policies and practices are a work-in-progress.) ÙÞÐ ÛÒÛÎßÔ ËÜÙÛÌ ÑÔ×Ý×ÛÍ The City adopts an Operating and Capital Budget each year to identify stated policies, goals, and priorities in the format of an operations plan with staffing and funding allocations. The Operating Budget represents funding allocations for ongoing City services, support, and administration. The Capital Budget represents funding allocations for City infrastructure, facilities, and efficiency improvements. The City adopts balanced Operating and Capital Budgets each year, which is defined as funding sources equal or exceed funding uses. Funding sources includes revenues, transfers-in from other funds, and Council-approved use of fund balance. Funding uses include expenditures and transfers-out to other funds. The City will seek to maintain financial stability through a diversified and stable revenue base, and will account for both revenues and expenditures within a program, if a relationship exists. and user fee supported on-going costs and services are accounted for within the General Fund as primary functions of the City. The City has also established special revenue, capital project, debt service, and trust funds to account for revenues that are restricted for certain activities, in accordance with GFOA guidelines. Funds exist and are budgeted as separate financing entities from other funds in accordance with Generally Accepted Accounting Principles (GAAP), with their own self-balancing set of accounts recording revenue sources, expenditures, and fund equity. ÞÜÐ ËÜÙÛÌ ÛÊÛÔÑÐÓÛÒÌ ÎßÝÌ×ÝÛÍ As the City develops its Operating and Capital Budgets each year, processes are established to ensure logical financial relationships and on-going consistency in the budgetary information. The following standard budget development practices are currently in place, or in the process of being established: Timeline A budget calendar is established to set the overall timetable for budget requests, assignments, meetings, deadlines, and Council meetings for the public hearings and scheduled budget adoption for the upcoming budget development process. Forecast Council will review the status of the t year budget and five- mid-year retreat as a first step in budget development for the following year. The primary objectives of the financial forecast is to assist Council and staff in identifying financial trends, recognize long-term implications of fiscal decisions, and provide management with a tool to Page 2 of 14 To facilitate long-range financial planning, the financial forecast represents a five year history of the estimates (with a five year goal to present a ten-year history), and a five year projection condition under currently adopted service levels. The forecast projections are based on a compilation of financial data history, information, and reasonable economic, operational, political, and administrative assumptions used to project likely revenues and transfers-in, and subtract expected operating costs, debt service, transfers-out, capital investments, and maintenance expenses for equipment, facilities, and infrastructure at currently adopted and projected service levels. A forecast projection is not a statement of what will occur over the next five years, but a warning system for potential future problems, and a tool to be used for decision making. Budget Policy Review As part of the mid-year Council retreat, the currently adopted budget policies will be reviewed by the City Council after the forecast. This will provide information necessary to begin budget development practices. Operating Budget Development The development of the Operating Budget is the synchronization of many pieces of information into numerous schedules to develop a citywide workplan. At a summary level, the following processes/steps are included in the preparation of the Operating Budget: Budget development guidelines are developed direction on forecast analysis, new initiatives, staffing levels, changes in program service levels, revenues and expenditures, etc. Community grant process User Fee Schedule process Labor and Benefit costs developed Internal Service Fund detail budget worksheets prepared Program Budget detail worksheets provided to program managers with salary and internal service information Program managers to determine and submit current year revenue and expenditure estimates Program managers to develop and submit revenue and expenditure budget projections 1st draft budget run prepared Review, analysis, and budget changes Council study session 2nd draft budget run prepared Department/program narratives prepared Review, analysis, and budget changes Financial Summaries and narratives finalized Proposed Budget prepared and presented to Council at public hearing Page 3 of 14 Capital Budget Development The Capital Budget is the update of the five-year Capital Improvement Plan, and is an assessment and update of project status, funding allocations, scope of work, timelines, and project priorities. At a summary level, the following processes/steps are to be included in the preparation of the Capital Budget: Current Projects Public Works to reassess currently approved/adopted CIP projects and categorize by: Projects to be completed by fiscal year-end Inactive funded projects to be delayed into future years (no fiscal activity in budget year) Active projects to carryforward to the next year Unfunded, adopted projects For inactive projects, Public Works to determine and submit new timeline if applicable For active projects with carryforward funding, project managers to estimate year end balance/amount of carryforward funds Project Funding Determine availability of current funding status, new funding, designated revenues, and General Fund and other fund transfers. Align designated funding and grant funding with designated projects Prioritize remaining funding allocations for current and proposed projects Proposed Project Review Proposed CIP projects submitted for budget review to include a workplan that identifies: Scope of work, timeline, project justification, cost/benefit analysis, coordination issues, and project alternatives Every CIP Project is to have an assigned project manager who is assigned to prepare the project proposal, oversee the project in process, authorize all project expenditures, and ensure that the project is completed on schedule and within budget. Projects to be rated based on health and safety, infrastructure failure, cost efficiencies, availability of external funding sources, community impacts, or other justification criteria Funding sources utilized in the proposed project. Prepare project budget worksheets and summaries Council study session Review, analysis, and budget changes Prepare CIP project recommendations for Council budget hearing Project Adoption When adopted, CIP Projects are authorized for five years. If the project is not progressing within that time period, the project is to be brought back for re-evaluation. Page 4 of 14 ÑÞÐ ÐÛÎßÌ×ÒÙ ËÜÙÛÌ ÎßÝÌ×ÝÛÍ Structure The Operating Budget is organized by epartments, and subsequently by subcategories or budgetary units called rograms which combine similar functions, purposes, and services into definable workload areas. The City departments are structured by functional areabudgetary information including purpose/objectives, funding, and staffing are collectively reflected in the departmental overview, and then is subsequently broken out into individual programs which provide more specificity and detailed workload duties. Each program budget section will include narratives and schedules which describe the services provided in the program budget overview, appropriate resources (funding and staffing), and establish workload priorities, goals, and activities which define the nature and level of program services delivered to provide program intent and resource information. s include: Council & Commissions, Ci Administrative Services, Community Development, Public Works, Recreation & Facilities, Public Safety, and Non-Departmental. Council and Commissions Department reflects the elected City officials and commission functions, the staffing resources (the elected and appointed volunteers), descriptions of the Council and Commission functions, and the funding allocations to support these legislative and advisory functions. port functions to effectively oversee City Resources Office. Finance & Administrative Services Department is comprised of the Financial Services to manage citywide financial activities, and the Information Technology Services programs, the Office Stores, and IT Equipment Replacement programs for administrative support functions. Community Development Department consists of Development Review and Arborist Services, Advanced Planning, Code Compliance, Building & Inspection, and community service program for CDBG grants and housing rehabilitation loans. Public Works Department is comprised of: General Engineering for infrastructure oversight; Development Engineering for private development services, Environmental Services to oversee several environment programs and ensure compliance with State regulations; Streets & Storm Drains; Parks & Landscaping; Landscape & Lighting District Funds; Equipment Maintenance; and Equipment Replacement Funds. Recreation & Facilities Department provides recreation services and activities through its Recreation Services and Teen Services programs, and provides Facilities to the community through its Facility Rentals program. The Building Maintenance program provides citywide maintenance support for all facilities. Public Safety is comprised of the Public Safety Services program for day-to-day law enforcement services, and the Emergency Preparedness program which prepares the City for infrequent large-scale disaster and emergency occurrences. Non- area functions, including the General Administration program, Legal Services, Community Grant and Event programs, Risk Management/Liability and Workers Comp insurance programs, the Library Bond Debt Service, Library Capital Maintenance Trust Fund, and the KSAR Trust Fund. These are all considered non-departmental as the programs represent functions outside of the established City service operations. Page 5 of 14 The Financial Summaries section of the budget is the summarization of all budgeted financial and staffing information into concise schedules for a comprehensive view of the departmental/program budgets from several different perspectives. Revenues Council & Commissions These programs have legislative and advisory functions, and are not revenue focused. However, as Council and Planning Commission appeals are filed on occasion, the appeal fees are accounted for in these programs as the hearing are part of the program function. The City Manager Department programs are focused on city management oversight support and are therefore not revenue generating programs. An exception is a very small amount of revenue accounted trees, benches, or plaques, which represents a reimbursement for the costs of the dedication item, and fees for copies of documents. Finance & Administrative Services While the Finance & Administrative Service Department manages the City finances, only Business License application fee revenue that is specifically linked to a service the program provides is included in the Financial Services program. The majority of City revenue is considered tax revenue that is received on behalf of the City in the Non- Community Development The Development Department is a fee-for-service focused department with numerous types of development fees collected for project application reviews and permits provided to customers. Additionally, the Development Services program collects arborist fees, historical preservation, traffic, and an assortment of miscellaneous service fees as part of the programs overall development focus. A General Plan Update fee is collected in the Advanced Planning program to underwrite the cost of City standards, regulations, specific plans, and the General Plan to guide the physical development of the City. This fee is based on the building permit issued as a new building permit represents a physical change in landscape and has impacts to the community and the future General Plan. The Code Compliance program revenues consist of regulatory activity and services, including solicitor/peddler permits, special event and noise permits, and city code which may result in fines. Building & Inspection Fees represents building plan check fees, building & inspection permit fees, grading permits, and state regulatory fees. Public Works Public Works operating budget revenues primarily come from engineering permits and services and City park fees. The General Engineering program issues encroachment permits for access rights on city infrastructure, and the Development Engineering program collects fees for engineering related reviews. The Environmental Services program is an oversight program, and revenues are limited to the County collected and distributed refuse surcharge fee. The function of the Streets and Storm Drain Maintenance program is city street maintenance and as a result does not generate revenues except for an occasional reimbursement for work done by street staff. The Parks and Landscape program function supports park usage by sport groups, therefore fees are collected as reimbursement for these services and contract services. The Parks program also oversees the Landscape & Lighting District activities and provides some services, and therefore receives an administrative fee to reimburse the City for associated expenses. Page 6 of 14 receive tax and assessment fees from property owners from the County assessor to pay the City for District services and oversight. support their own and other departments, and therefore collect charge-back service revenue. Recreation & Facilities The Recreation and Facility Department revenues consist of class, camp, and recreation program fees. As established under the Cost Recovery Policy, overall program revenues are offset by community based functions, in conjunction with class fees being tempered by competition in the recreation marketplace. Facility Rental revenues are also elastic due to market competition and do not represent a full cost recovery of the program. Rental fees are established as part of the Fee Schedule update process each fiscal year. Public Safety Vehicle Abatement, Vehicle Code Bail & Fines, Parking, and False Alarm Fines are allocated to the Public Safety program as the revenue is derived from the SLESF/COPS Subvention Funding and Public Safety Sales Tax are allocated to the Public Safety program as these revenues are directly linked to the City providing public safety services to the community. Non-Departmental revenues. This includes Property Tax revenues, Sales Tax, Hotel Tax, Business License Tax, Construction Tax, Franchise Fees, VLF revenue, Interest, and Cell Tower Lease revenue. Legal Services, as well as the Community Grants and Events programs are not revenue generating functions and do not typically account for any revenue. Risk Management/Liability and Workers Comp insurance programs reflect the charge-back revenues received for internal support services to other programs, and some claim reimbursements. property owners, as w Project trust funds only reflects interest earnings, whereas the KSAR Trust Fund reflects Public, Education, and Government Access revenues received as part of a cable pass-through fee to support public television. Expenditures Council & Commissions City Council is supported with funding for supplies, association membership dues, meeting expenses, and training costs. An additional amount of $50,000 is set aside for Council Discretionary Funds each year, to be allocated as directed by Council vote City Commissions receive funding to carry out workload and to attend training as required by commission position. As td Human Resources programs are primarily city management functions supported by staff. Operating costs include supplies, training, document Page 7 of 14 imaging, agenda management, website management, and video streaming and archiving of council meetings. Finance &Administrative Services The majority of costs in the Financial Service Program are staff, however audit services and supplies contribute significantly to the bottom line. The Office Stores program does not have staffing costs, expenses consists of paper and postage supplies, and equipment lease fees. The IT Services program reflects staffing, annual license and support fees, and consultant costs to The IT Replacement program is limited to equipment costs only. Community Development As a fee-for-service orientated department, expenditures primarily represent staffing costs to provide development services, with some additional contract and consultant services for assistance. Development expenses include supplies and printing, legal notices, credit card fees, system license fees, records management services, and pass-through applicant fees. The Building & Inspection Public Works Engineering functions are supported by staff and consultant services for both city engineering purposes and development engineering. Engineering program costs also include county wide congestion management services, GIS services, and miscellaneous operational costs. The Environmental Services program expenditures represent some staff oversight costs, several large association fees for regional environmental and solid waste programs, and for storm drain testing and cleaning. Streets and Storm Drain Maintenance program functions provide staffing and material costs for street and storm drain maintenance, streetlights, traffic signals, signs, street markings, and debris removal, as well as coordinating work with engineering for traffic and roadway projects, and with Parks for weed control and storm drain work. Expenditures consist of mainly of staffing and contract services costs, with a small amount for materials and supplies. The Parks & Landscape program expenditures also rely heavily on staff for program functions, but utilize contract services for various park and median landscaping maintenance functions, street tree pruning, orchard maintenance, and sport field services. Water, field rental, port-a-potty rentals, and refuse bins make up some of other the fees and charges for this program Landscape & Lighting Districts use city staff for administrative oversight, however most landscaping and lighting maintenance is provided through contract services Vehicle & Equipment Maintenance reflects staffing costs for ongoing maintenance servicing and small repairs, fuel, supplies, professional repairs, and miscellaneous permit fees. The Equipment Replacement expenditures reflect vehicle and equipment purchases. Recreation & Facilities Recreation and Teen Services functions include recreation, instructional, and health and safety classes, camps, and excursions. City staff oversees and support these services, however contract instructors and temporary staff provide the hands-on recreation services, and contribute to a significant part of the expenditures also. Page 8 of 14 The Facility Rental program is managed by staff with very little expenses other than internal service costs for building maintenance charges. The Building Maintenance program reflects staff time and contract services for facility maintenance, repairs, and upkeep. Supplies, materials and utility costs are significant costs for this program as city- wide facility fees are accounted for in this program and then charged back to departments through internal service charges. Public Safety services, and affiliated administrative fees. The Emergency Preparedness program reflects a minor amount of expense for supplies, emergency communication fees, and the regional interoperability program dues. Non-Departmental General Administration program expenses include a collection of expenses, that do not relate to a and budgeted funds for leave payouts, miscellaneous supplies, and printing costs. Legal Services reflects the anticipated expense for city attorney services including routine attorney services, council and departmental support, non-development ordinances, property development and code enforcement matters, litigation, and a small amount for supplies. Community Grants program is the centralized distribution point for City and CDBG grant funds. There are several categories of grant expenditures: Community Services, Community Special Interest Groups, Saratoga Community Support Groups, and CDBG Public Service Grants. Community Event program reflects budgeted funding for community support and city events to build community in the City The Risk Management/Liability and Workers Comp Insurance program expenses primarily reflect insurance premium costs; however there is a minor amount of staff time allocated to these programs for administration. The GO Bond Debt Service Fund reflect the principal and interest payments, and the contract service fee for arbitrage monitoring. The Library Capital Project Fund reflects funding for small improvement projects. Large projects are KSAR Trust Fund expenditures would reflect only the distribution of trust fund money back to the KSAR non-profit organization. ÍÐ ÌßÚÚ×ÒÙ ÑÔ×Ý×ÛÍ City staff positions (FTEs) aut base in the following year. Proposed staffing additions or deletions are specifically identified and brought to Council for approval in the budget process. Part-time staff positions receive benefits in accordance with their budgeted FTE percentage. Temporary staff positions are presented in the budget as funded hours. Temporary worker positions differ from city staff positions as temporary staff are paid based on the number of hours worked in a pay period, do not receive benefits, and are utilized according to changing and variable needs. The City operates under adopted labor contracts known as Memorandum of Understandings (MOUs) for the three labor bargaining groups and the City Manager contract. Labor and benefit expenses are budgeted in accordance with the MOUs. Page 9 of 14 Council Members (elected positions) and Planning Commissioners (Council appointed positions) receive monthly stipends. Stipend amounts are not adjusted from year to year unless directed by Council. The remaining City Commissioners do not receive stipends. FTEs and temporary staff hours are allocated to programs based on an estimated percentage of time ×ÍÚÐ ÒÌÛÎÒßÔ ÛÎÊ×ÝÛ ËÒÜ ÎßÝÌ×ÝÛÍ The City maintains Internal Service Fund programs to allocate centralized program costs which exist to provide services and support to other City programs. Each of these programs is accounted for as a separate fund to track replacement funding, accumulate funds for infrastructure projects, and service programs include: Risk Management/Liability Workers Compensation Office Stores Information Technology Services Vehicle & Equipment Maintenance Building Maintenance Equipment Replacement IT Equipment Replacement Risk Management /Liability Fund is auto, property insurance, and risk management services as part of the ABAG JPA insurance pool. Funding for this program comes from charge-backs to departments based on staffing and function risk factors which recognize operational costs. Workers Compensation is it coverage for work related illness and injuries. Charge-backs to departments are based on the number of staff, volunteers, and commissioners, injury history, and service function risk factors which recognize operational costs. Office Stores is a centr postage permits, and the costs, supplies, equipment repairs, and servicing that comes with maintaining the equipment. Direct costs for copies and mailing are charged back to programs, with the overall leasing costs charged-back to programs on a pro-rated basis, based on program usage. Information Technology Services this program supports the delivery of technology based services throughout the City operations. Core services include the maintenance and support for information systems, voicemail and wireless communications, desktop computer and network maintenance and support, as well as new technology initiatives and enhancements to improve IT services. Program operating costs include staffing, consultant costs, and annual license and support fees. Program charge-backs are based on departments information systems, support and maintenance requirements, number of staff and assigned desktops, and user specific fees. Vehicle & Equipment Maintenance this program provides for preventative maintenance, cleaning, and repair of all City vehicles and equipment in accordance with manufacturers requirements, and to ensure all vehicles and equipment are safe and well functioning. Program charge-backs are based on the amount and type of equipment assigned, maintenance requirements, and fuel usage. Building Maintenance is a centralized cost center for building maintenance and utility costs, as well as custodial supplies and services and miscellaneous repairs. Program charge-backs are based on building space allocation and community use versus departmental use, as well as staffing and contract repair services and supplies utilized for maintenance. Page 10 of 14 Equipment Replacement this program provides for a consistent level of funding for the replacement of vehicles and equipment over an span. This funding structure smoothes a fee for assigned vehicles and equipment to a program, while the Internal Service Fund program reflects the actual fluctuating costs of acquisition and disposal of equipment, and the accumulation of funds for replacement. Program charge-t cost and lifespan. IT Equipment Replacement provides for the systematic charge-back of IT related equipment based on the amount and cost of equipment provided to each program over the lifespan of the equipment. This allows for an accurate cost of operations on an ongoing basis, and a consistent level of funding ensuring services are supported. IT Equipment includes desktops, monitors, servers, printers, laptops, telecommunication, and any technology related equipment. Charge-backs to the programs are based on the equipment assigned, the cost and lifespan of the equipment, and maintenance costs. ×ÌÞÐ ÒÌÛÎÚËÒÜ ÎßÒÍÚÛÎÍ ßÒÜ ÑÎÎÑÉ×ÒÙ ÑÔ×Ý×ÛÍ Interfund Transfers typically reflect the transfer of funds from the General Fund for capital improvements, or from a Special Revenue or Internal Service Fund for an infrastructure improvement capital improvement in a Landscape & Lighting District. Transfers to the General Fund are reimbursements for specific expenses, such as from the CDBG Special Revenue Fund for human service grants distributed from the General Fund. Transfers between funds are made in accordance with the adopted budget, or by Council approved budget adjustments. Any transfers between funds where reimbursement is not expected within one fiscal year shall be recorded as an interfund borrowing. Interfund borrowing is typically undertaken for cash flow purposes, and requires Council approval. ËÚÝÎÐ ÍÛÎ ÛÛ ÑÍÌ ÛÝÑÊÛÎÇ ÑÔ×Ý×ÛÍ Fees collected for services provided will be reviewed and updated on an ongoing annual basis to ensure that fees reflect actual costs, in coordination with the Council policies. programs consist of Recreation Services, Teen Services, and Facility Rentals. These programs are under a Council directive to achieve 65% Cost Recovery in light of the understanding there is a significant amount of community benefit derived from these programs which do not provide full cost recovery, such as CPR and CERT classes, facility usage for community meetings, and the sense of community that a recreation program builds in a city. The Community Development Department General Fund programs consist of Development Review, Advanced Planning, Code Compliance, and Building & Inspection Services. These programs have an structure, the unsettled economy, and the community benefit services provided outside of the individual fee based services. This policy to be updated at a later date. ÚÞÞÐ (additions to current policies) ËÒÜ ßÔßÒÝÛ ËÜÙÛÌ ÑÔ×Ý×ÛÍ The City will maintain a minimum fund balance reserve of at least 20% of operating expenditures in the General Fund for working capital cash balance. This minimum level is necessary to adequately Page 11 of 14 Actual revenue excess over expenditures programs are to be allocated into the Development Reserve. For years of budgeted shortfall, up to one- third of the Development Reserve may be utilized to offset revenue shortfalls Ý×ÐñÞÐ ßÐ×ÌßÔ ÓÐÎÑÊÛÓÛÒÌ ÔßÒËÜÙÛÌ ÑÔ×Ý×ÛÍ General Policies The Capital Improvement Plan (CIP) is an ongoing process through which the City identifies, prioritizes, and develops a multi-year plan for major capital expenditures and their associated funding sources, t -year Capital Improvement Plan. CIP Projects are the individually Council approved body of work within the CIP/Capital Budget. CIP Projects are defined as having a multi-year life, typically exceeding $25,000 in cost, and resulting in assets or infrastructure improvements or efficiencies. CIP Structure As the City is comprised of diverse infrastructure, the CIP is structured under four separate program areas: Streets Program, Parks & Trail Program, Facility Improvement Program, and Administrative Improvement Program. Each program area has further sub-classifications of projects to allow for the tracking of resources expended for specific types of work or by specific location. Sub-categories include: Street Repair & Resurfacing Projects Roadway Safety Improvements Landscape & Beautification Improvements Sidewalks, Curbs & Storm Drains Bridge & Hillside Support Projects The Parks & Trail CIP Program includes projects which develop or improve neighborhood and city parks and sport fields, bike and pedestrian trails, and open space areas throughout the city. Projects are grouped into types of park or trails, and then sub-classified by location to allow for the tracking of all projects over time by specific site. Primary categories are: General / Citywide Park Improvements City Parks Neighborhood Parks Sport Parks & Facilities Trails & Open Space buildings and structures. Projects in the Facility Program are classified by site to capture resource and improvement information. There are further sub-classifications within the site category by building. The program categories are: City-wide Facility Projects Page 12 of 14 Civic Center North Campus Village Historical Park Library Building The Administrative Improvement Program provides for major capital projects which improve or create efficiencies for administrative systems, processes, or functions. At this point, the Administrative Improvement Program is limited to three categories: IT System Projects Communication System Projects IT Infrastructure Projects CIP Funds Capital Improvement Funds are set up for each of the four CIP Programs to account for projects within the program area. The CIP Funds receive funding directly from designated sources, from General Fund transfers, and transfers from other Funds The CIP Street fund receives funding directly from DOT Prop 42 (TCR) subventions, Road Impact Fees, CIP Project reimbursements, and from Transfers In. The CIP Park & Trail Fund receives funding directly from Park in Lieu fees, and from Transfers In. The CIP Facilities Fund receives funding directly from Theater Ticket Surcharge (for theater projects only), and from Transfers In. The CIP Administrative Improvements Fund receives funding from Transfers In. Traffic Safety project funding will be addressed as part of Council CIP Budget review Grant Fund Grants for capital projects are to be pursued to maximize the use of capital funding dollars. Grant funded projects are approved in concept in the Capital Budget; however the project must be approved by the grantee with an award letter prior to beginning the project to ensure cost recovery. Grant funding comes from various sources, including federal, state, local, and private grants Grant requirements are to be followed accurately to ensure reimbursement submittals are accepted. Grant funded projects are to submit reimbursement requests on a quarterly or other regular basis to ensure the City is receiving grant funds on a timely basis. Transportation Development Act (TDA) Grant Revenues are to be allocated to alternative transportation programs designed to reduce automobile usage. Gas Tax Fund Gas Tax subventions are restricted by the State for street-related purposes and are subject to compliance audits. CIP projects utilizing Gas Tax revenues will be restricted to street resurfacing and Gas Tax Funds are to be accounted for in its own fund as required by the State. Page 13 of 14 Tree Fine Fund Tree fines resulting from code violation assessments are paid into this fund for utilization in the City forestry enhancement or replacement projects. Project expenditures include tree and shrubbery materials and installation costs, including the cost of irrigation for project area. CIP Funding and Appropriations CIP allocations are approved on a project by project basis by Council, for use only for the authorized project (even within funds), in accordance with project parameters approved by Council. CIP allocations carryover to the following budget year, unless modifications are made to the project budget. Project funds remaining at the close of the project will be reallocated to another project by Council. CIP project budget adjustments must be approved by Council. CIP Document (future) The Capital Budget is to be presented as an annual update to the five-year Capital Improvement Plan in a budget document each year, to include project parameters, financial and funding information, timeline, fund summaries, and any other relevant information. FISCAL IMPACTS: To be determined CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: To be determined ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A Financial Policy Statements Page 14 of 14 ß¬¬¿½¸³»²¬ ì ÝÍ ×ÌÇ ÑÚ ßÎßÌÑÙß FP INANCIAL OL×Ý×ÛÍ The City of Saratoga manages its financial, operational, and budgetary affairs in accordance with the following general policy statements. These policies represent long-standing accounting, budgeting, debt, investment, and reserve principles and practices, and are the foundation which guides the City in maintaining its financial stability. ÙÚÐæ ÛÒÛÎßÔ ×ÒßÒÝ×ßÔ ÑÔ×Ý×ÛÍ s financial based goals, objectives, and policies will be incorporated into and Efforts will be coordinated with other governmental agencies and joint power associations to achieve common policy objectives, share the cost of providing governmental services, and support legislation favorable to cities at the state and federal level. The City will seek out, apply for, and effectively administer federal, state, local, and foundation ßÚÎæ ËÜ×Ì×ÒÙ ßÒÜ ×ÒßÒÝ×ßÔ ÛÐÑÎÌ×ÒÙ California State transactions by independent Certified Public Accountants. The city will comply with Generally Accepted Accounting Principles (GAAP) and produce annual financial reports pursuant to Governmental Accounting, Auditing, and Financial Reporting (GAAFR) guidelines. Weekly check registers and monthly Cash and Investment Reports will be submitted for review and approval at City Council meetings. A mid-year budget status report will be presented at the City Council retreat. ßÞÝæ ÐÐÎÑÐÎ×ßÌ×ÑÒÍ ßÒÜ ËÜÙÛÌßÎÇ ÑÒÌÎÑÔ The City Council will adopt an annual balanced operating budget and the first year of an integrated st five-year capital improvement plan budget, to be effective for the fiscal year running from July 1 th through June 30. Balanced budgets present budgeted sources in excess of budgeted uses. Operating and Capital B-term financial goals. Each year the Finance Department will provide an updated five year (or longer) financial forecast to -range Budgets are prepared on the same basis used for financial accounting and reporting: governmental fund types (General, Special Revenue, and Debt Service) are budgeted according to the modified accrual basis of accounting; proprietary funds (Internal Service Funds) and fiduciary funds are budgeted under the accrual basis of accounting. The City Council maintains budgetary control at the fund level; any changes in total fund appropriations during the fiscal year must be submitted to the City Council for review and Council ÝÍ ×ÌÇ ÑÚ ßÎßÌÑÙß majority approval. Operating Budget appropriations lapse at the end of each fiscal year unless specifically re-appropriated by the City Council in the following fiscal year. Capital Budget appropriations are structured as a multi-year workplan; therefore project expenditure balances are carried forward to the following fiscal year as part of the annual budget adoption until funding is exhausted or the project is completed. budget. Within a specific fund, the City Manager may transfer appropriations between categories, departments, programs, and projects as needed to implement the adopted budget, provided no change is made to the total appropriation amount provided for any one fund. Recurring expenditures are to be funded with recurring revenues, or funds specifically designated for operational use. One time expenditures may be funded with one-time revenues or fund balances. Fund balance reserves are to be used for non-recurring one-time and capital projects. The CIP Streets/Pavement Management program has an established minimum annual funding goal of $1,000,000, with Gas Tax Revenues and Road Impact Fees as designated funding sources. The $300,000 of designated TEA proceeds previously transferred to the CIP Streets/Pavement Management program was reverted back to the General Fund effective with the FY 2008/09 budget. $100,000 of TEA General Fund property tax revenues are designated for CIP Facility Improvements. The Recreation Department cost recovery rate is to exceed the California Parks & Recreation as established in the current CPRS benchmarking report (approximately 65%). ÎÐæ ÛÊÛÒËÛ ÑÔ×Ý×ÛÍ The City will encourage a diversified and stable revenue system to offset short-run fluctuations in any one revenue source. Designated and legally restricted tax and revenue funding sources will be accounted for in the appropriate funds. General taxes and revenues not allocated by law or some other contractual agreement to other funds are accounted for in the General Fund. Capital project revenues are to be directly accounted for in the appropriate capital project fund. The City establishes user charges and fees at a level that recovers the direct and indirect activity cost of providing a service or product. The City will consider market rates and charges levied by other municipalities of similar size for like services in establishing rates, fees, and charges. For services having partial cost recovery objectives, cost recovery ratios may vary according to policy objectives. A master schedule of User Fees is reviewed and updated each year to adjust fees to the established level. The City will follow an aggressive policy of collecting local taxes and revenues due to the City through persistent follow-up procedures, and external resources as necessary. Unrestricted donations, gifts, and bequests to the City in excess of $5,000 must be brought to Council for approval and acceptance. All restricted donations, gifts and bequests must be submitted to the Council for approval prior to acceptance. ÝÍ ×ÌÇ ÑÚ ßÎßÌÑÙß ÛÐæ ÈÐÛÒÜ×ÌËÎÛ ÑÔ×Ý×ÛÍ licy, credit card policy, or any other applicable guidelines. Expenditures are managed at the program level. Program managers are to ensure expenditures do not exceed the budgeted workplan and must take immediate action if at any time during the fiscal year an operating deficit is projected at year-end. Corrective actions may include expenditure reductions, or with Council approval, budget adjustments, service reductions, or service fee increases. ÐÐæ ËÎÝØßÍ×ÒÙ ÑÔ×ÝÇ policy, with an effective date of 4/23/2007, establishes purchasing authority levels, purchasing procedures, and requirements, for the procurement of supplies, equipment, and services, in conformance with Federal and State codes and regulations, and City Ordinance No. 2-45. the best value obtainable, securing the maximum benefit for funds expended, while giving all qualified vendors an equal opportunity to do business with the City. All purchases exceeding $5,000, up to $25,000 require written quotes and must be approved by the Purchasing Officer or designee. All purchases exceeding $25,000 must be authorized by the City Council. Úß×æ ×ÈÛÜ ÍÍÛÌÍ ßÒÜ ÒÚÎßÍÌÎËÝÌËÎÛ All assets with a cost equal to or greater than $10,000 and a useful life of more than one year will be capitalized. Repairs and maintenance of infrastructure assets will generally not be subject to capitalization unless the repair extends the useful life of the asset. The City will sustain a long-range fiscal perspective through the use of a five-year Capital Improvement Plan designed to maintain the quality of City infrastructure, including streets, sidewalks, curbs and storm drains, lighting, building, parks, and trees. Asset information is to provide information for preparation of financial statements in accordance with GAAP, with emphasis placed on completion of GASB 34 requirements. ×ÍÚæ ÒÌÛÎÒßÔ ÛÎÊ×ÝÛ ËÒÜÍ Asset replacement and maintenance Internal Service Funds are to provide a consistent level of funding for asset replacement and building maintenance projects, and ensure sufficient funding is Internal Services Funds are established to both allocate operating costs to departments for support ÝÍ ×ÌÇ ÑÚ ßÎßÌÑÙß replacement and operational costs for the purpose of providing an accurate and balanced long-range fiscal perspective of the use of services and assets. Technology and Office Equipment replacement and maintenance Internal Service Funds are to provide a consistent level of funding for the replacement of technology assets and projects, and appropriately distribute support and maintenance costs to departments. The Liability and Workers Compensation Insurance Internal Service Funds are to maintain adequate reserves to pay all valid self-insured claims and insurance deductibles, including those incurred but not reported, in order to keep the insurance funds actuarially sound. Each Internal Service Fund will set recovery charges at rates sufficient to meet all operating expenses, depreciation, and cash reserve policy objectives. ÚÞÎæ ËÒÜ ßÔßÒÝÛ ÛÍÛÎÊÛÍ Fund balance reserves in a governmental fund are classified as either Reserved or Unreserved Fund Balances, depending on purpose. Reserved Fund Balances represent funding set aside for established legal obligations and liabilities, and are not available for appropriation. Unreserved Fund Balances are comprised of both designated and undesignated fund balances, and are not legally obligated for a specific use. Unreserved Designated Fund Balance Reserves represents funds identified by Council for an intended use; however as there is no legal obligation, the funds may be re-designated and utilized for another purpose if Council chooses. Unreserved Undesignated Fund Balance represents funds not yet identified for a specific use by Council, and is available for designation or appropriation. Adequate reserves are to be maintained for all known liabilities and established City Council and community directed initiatives. At year- expenditures and funding obligations close out to Unreserved Undesignated Fund Balance. Council established $500,000 as the base amount for Undesignated Fund Balance. Any accumulated available funding in excess of $500,000 is to be held for appropriation to Capital Improvement and Cost Efficiency projects in the following budget process. Yearend undesignated fund balance distribution is to be prioritized as follows: 1. Funding of legal obligation and liability reserves 2. Repayment of borrowing from Fund Balance Reserve to established levels 3. Replenishment of Unreserved Undesignated Fund Balance to $500,000 4. Designation of remaining funds for Capital Improvement and Cost Efficiency Projects Reserved Fund Balance reserves are to be maintained on an on-going basis for the following legal obligations and liabilities: 1. Petty cash 2. Retiree Medical (liability amount determined at year-end) 3. Development Deposits (liability amount determined at year-end) Unreserved Designated Fund Balance reserves are to be maintained on an on-going basis for the following Council established purposes: ÝÍ ×ÌÇ ÑÚ ßÎßÌÑÙß 1. Operations Reserve (Established on July 1, 1999 at $2,000,000 to provide working capital cash flow for the General Fund. Interest earnings are applied at fiscal year-end at LAIF interest rate.) 2. Economic Uncertainty established at $1,500,000 3. Designated for Liability Claims 4. Development Services Fund Balance 5. Environmental Services Fund Balance ÌÓæ ÎÛßÍËÎÇ ßÒßÙÛÓÛÒÌ California Government Code Section 53600; City of Saratoga Municipal Code Section 2-20.035; and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return, while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of funds. The Finance & Administrative Services Department shall prepare and present to the City Council in sufficient detail to show the financial condition of the City at month end, the cash and investments balance by fund, and fund balances by fund type. ÔóÌÜæ ÑÒÙÛÎÓ ÛÞÌ Long-term Financing Debt will be confined to capital improvements or special projects that cannot be financed from current revenues, and is to be used only if the debt service requirements do not requirements. The term for repayment of long-term financing will not exceed the expected useful life of the project. ÎÓÐæ ×ÍÕ ßÒßÙÛÓÛÒÌ ÑÔ×ÝÇ The City is insured for up to $25 million of general liability, auto, and property damage claims Liability Assurance Network (PLAN) Corporation. The City is self-insured for the first $25,000 for general liability and auto claims; property damage after $5,000 and third party auto claims after $10,000. Workers Compensation claims are insured after the first $250,000 through ABAG and an excess coverage policy. The coverage provides an employer liability limit of $5,000,000 per occurrence, The City participates in a Workers Compensation risk pool for the first $250,000 of coverage, known as SHARP (Shared Agency Risk Pool). Workers' Compensation claims are managed by a third party administrator. will be accomplished through careful monitoring of losses, working closely with the third party administrator, and designing and implementing programs to minimize risk and reduce losses. SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: Community Development Dave Anderson PREPARED BY: DIRECTOR: Chris Riordan, Senior Planner SUBJECT: Economic Development in the City of Saratoga RECOMMENDED ACTION: Review report and determine appropriate process. REPORT SUMMARY: Over the past several years the topic of Economic Development in the City of Saratoga has been discussed at several City Council meetings. The topics have ranged from creating a Vision for the Village, creating an Economic Development Community Advisory Committee, and a Village Economic Development Committee. The Mayor has asked that this item be agendized for discussion at the retreat to provide direction to staff on the subject of economic development. DISCUSSION: Depending on the direction of the City Council there are several methods to organize a group of people to study the Economic Development of the City of Saratoga as follows: 1.As an ad hoc committee. This would consist of two Council members. They would investigate issues as directed by the Council and report back. Their meetings would be informal and would not require public notice. Following their final report to the City Council the ad hoc would cease operations. 2.As Council-Planning Commission advisory committee. This would consist of two Council members and two Planning Commissioners. Like the ad hoc, the committee would investigate issues as directed by the Council and report back to the Council. These meetings would be formal and would require public notice and procedures in accordance with the Brown Act. Following their final report to the City Council the committee would cease operations. 3.As a community advisory committee. A community advisory committee would include any number of Saratoga residents as determined by the Council and could include Council members and Planning Commissioners if desired. The committee would Page 1 of 2 investigate issues as directed by the Council and report back to the Council. Alternatively they could report to the Community Development Director who is responsible for economic development issues (this would be similar to the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee that advises the Public Works Director). The Committee could be for a limited term (e.g., until it makes its final report to Council) or operate on a long term basis. These meetings would be formal and would require public notice and procedures in accordance with the Brown Act. 4.As a Commission. A Commission would be a standing body created to provide advice to the City Council on an ongoing basis. It would be structured similar to other City Commissions such as the Historic Preservation Commission or Parks and Recreation Commission. These meetings would be formal and would require public notice and procedures in accordance with the Brown Act. 5.As a civic engagement process. A consultant could be hired, such as Common Sense California, which has an expertise in conducting large community engagement processes. This method could be used for creating a vision for the Village or other projects requiring a high level of community involvement. FISCAL IMPACTS: The formation of an ad hoc committee would require minimal staff time and would not require any formal noticing of the meetings. Staff would attend the meetings in an advisory capacity. Work generated from the ad hoc committee would be implemented as part of the staff work program. An advisory committee or commission would require additional staff time to comply with Brown Act requirements and to provide the level of support that Council directs staff to provide to the Committee or Commission. Depending on the types of projects pursued by the committee or commission it may be possible to have work performed by volunteers. The costs associated with a civic engagement process would be based on the size of the project and the level of involvement of the consultant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no Committee or Commission to actively promote Economic Development in the City of Saratoga. FOLLOW UP ACTION: As directed. ATTACHMENTS : None Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: June 16, 2010 DEPARTMENT: CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John F. Livingstone, AICP John F. Livingstone, AICP SUBJECT:Village Vision RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: st At the April 21City Council meeting the Council expressed interest in creating a vision for the Saratoga Village within the next 18 months. The Council requested that staff agendize the item for formal discussion at a future City Council meeting. Staff contacted consultants from Common Sense California, who assist cities with the civic engagement process. In a recent phone conversation they recommended against starting a civic engagement process that may be impacted by the Initiative that was filed May 26, 2010. The “Vision” was originally initiated by Council members Chuck Page and Howard Miller. Based on the recommendation of the consultant from Common Sense California theyare recommending that the visioning process be delayed until theresults of the initiative process are known. FISCAL IMPACTS: Delaying the project would have no fiscal impact. If the project was to proceedthe costs required for a visioning process would depend upon the scope and duration of the process. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTIONS: The City Council could recommend that the Village Visioning processproceed. FOLLOW UP ACTION: As directed. Page 1of 2 439 ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: None Page 2of 2 440 VILLAGE VISION 1. STAFF RECOMMENDATION: Direct Staff Accordingly. Community Development Director John Livingstone presented the staff report. Mayor King invited public comment. The following person requested to speak on this item: Kathleen Casey No one else requested to speak on this item. DELAY ENTIRE VILLAGE VISION PROCESS PAGE/MILLER MOVED TO UNTIL AFTER THE INITIATIVE ISSUE HAS BEEN RESOLVED. MOTION PASSED 5-0-0. FORMATION OF AN ECONOMIC DEVELOPMENT COMMUNITY ADVISORY 1. COMMITTEE STAFF RECOMMENDATION: Review report and direct Staff accordingly. Community Development Director John Livingstone presented the staff report. Mayor King invited public comment. The following person requested to speak on this item: Kathleen Casey, Saratoga resident. No one else requested to speak on this item. Mayor King closed the public comment. Council concurred that an Economic Development Community Advisory Committee should be created to determine the needs of the Village. They also agreed that this Committee should consist of two consumers, two business owners, and two Council Members. In addition, Council agreed to create an Adhoc consisting of Councilmembers Cappello and Miller, with the first goal after the new Council has been seated, to define the specifics, including the objectives and makeup of the Committee, and to report back to Council in December. CREATE AN ADHOC COMMITTEE CONSISTING CAPPELLO/PAGE MOVED TO OF COUNCILMEMBERS MANNY CAPPELLO AND HOWARD MILLER TO DETERMINE THE OBJECTIVES AND MAKE UP OF THE ECONOMIC DEVELOPMENT COMMITTEE AFTER THE NOVEMBER COUNCIL ELECTION. MOTION PASSED 5-0-0. COUNCIL DIRECTION : Council directed Staff to move forward with the application format and application process. ¼Z¼ZÂ±Â± SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: City Attorney Dave Anderson PREPARED BY: DIRECTOR: Richard Taylor Richard Taylor SUBJECT: SB 375 and Possible Santa Clara County Subregional Housing Needs Allocation Process RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: A major state-mandated regional planning process is underway in the Bay Area that will affect Saratog (MTC) and Association of Bay Area Governments (ABAG) are preparing a Sustainable Communities Strategy for the nine county Bay Area region. That plan will form the basis for ABAG County are currently considering whether they should work together developing a methodology for allocating housing targets within the County rather than deferring to the default ABAG process. This report provides background on the regional planning process and on proposals for a subregional housing allocation process focused on Santa Clara County. DISCUSSION: In 2008 the State legislature passed SB 375 requiring preparation of integrated land use and transportation plans on a regional level. The plans, known as Sustainable Communities Strategies (SCS), are to lay out a framework for reducing greenhouse gas emissions from cars and light trucks. Among other requirements, the SCS must identify residential areas sufficient to accommodate all the longstanding process of allocating fair share housing numbers to cities and counties in the SCS planning area. (Note that this staff report presents a very short summary of the numerous and sometimes complex provisions of SB 375. A more detailed summary of the legislation is attached and links to useful web resources are presented at the end of the staff report.) The Sustainable Communities Strategy In the Bay Area, the SCS is being prepared by MTC and ABAG, working closely with the Bay Area Air Quality Management District and the Bay Conservation and Development Commission. The SCS must be completed by 2013. The SCS must include land use and transportation plans that can work together to achieve a 7 percent per capita reduction in Bay Area greenhouse gas emissions by 2020 (relative to 2005 levels) and a 15 percent per capita reduction target for 2035. These are likely to include programs to place housing near jobs and/or transit, create more walkable/bikeable communities, etc. The SCS will become a part of the Regional Transportation Plan and federal and state funding for transportation projects will need to be consistent with that plan. The land use plans and policies in the SCS will not be directly binding on local governments. The SCS, for example, may call for high density development near all transit centers, but local governments with transit centers will not be obligated to amend their general plans to accommodate that development. However, SB 375 does seeks to encourage local governments to conform their plans to the SCS. For example, it includes provisions allowing streamlined CEQA review for certain types of projects that are consistent with the SCS. In addition, of course, federal and state transportation dollars will be targeted to projects that are found to be consistent with the SCS. The SCS will also affect local governments through the Regional Housing Needs Allocation Process as discussed below. The Regional Housing Needs Allocation Process Since 1969 local governments in California have been required to adequately plan to meet the existing and projected housing needs of all economic segments of the community. As part of ms the basis for the periodic updates of the Housing Element. In its last Housing Element update, for example, income, 90 for very low income and 45 for extremely low income. Under SB 375, ABAG is required to make future RHNA allocations consistent with the SCS. ABAG expects to issue RHNA numbers for Bay Area cities and counties in 2013. The jurisdictions will then have 18 months to complete their Housing Element updates. SB 375 mandates that all zoning changes needed to implement those updates must be adopted within three years of updating the Housing Element. As contemplated by state law, ABAG typically makes RHNA allocations through a standard modeling process, applying the same criteria for jurisdictions across the region. State law also provides for an alternative process. Under the alternative, one or more jurisdictions may form a subregion. Although the process is complex, the general approach is that ABAG makes an allocation to the subregion and the subregion makes further allocations among the participating jurisdictions. During the last RHNA process Saratoga expressed interest in participating in a subregional process but there were not sufficient geographically appropriate other jurisdictions 2 interested to make the process worthwhile. In anticipation of the next RHNA allocations in 2013 there have been expressions of interest in pursuing a subregional process for Santa Clara County and all the cities in the County. The Silicon Valley Leadership Group has urged local cities to take this approach (see letter attached) and the Santa Clara County Association of Planning Officials (SCCAPO) recently recommended that the County and cities pursue a subregional program that would: 1. Ensure a fair share distribution of total housing growth and affordable housing within the County. 2. Allocate housing growth strategically around major transportation corridors respecting infrastructure constraints and the unique natural resources of Santa Clara County. 3. Foster collaboration between jurisdictions and provide a framework for resource / housing allocation trade-offs. 4. Use the ABAG methodology as a baseline so as not to reinvent an entirely new methodology. 5. SCCAPO will serve as the body to coordinate the subregional dialogue on the subregional RHNA process. 6. Be developed in the most cost effective and time efficient way possible. The SCS planning process and potential subregional RHNA program provide opportunities for cities to participate in regional planning efforts in ways that have not been fully explored before. Sources of More Information http://www.onebayarea.org MTC/ABAG website for SB 375 implementation http://www.ca-ilg.org/SB375 -- Institute for Local Government background materials on SB 375 FOLLOW UP ACTION: Direct staff accordingly. ATTACHMENTS: Silicon Valley Leadership Group Letter of November 19, 2010 ABAG/MTC Background report on SB 375 3 4 California Senate Bill 375 (2008) aims to reduce greenhouse gas emissions through development of a Sustainable Communities Strategy, which integrates transportation and land-use planning. - county San Francisco Bay Area in better shape for future generations. The Strategy will th local elected officials and community leaders. Focus on Reducing Transportation-Related Greenhouse Gas Emissions The law calls upon metropolitan planning organizations (MPOs) in 18 regions in California to develop an integrated transportation, land-use and housing plan known as a Sustainable Communities Strategy (Strategy), with the ultimate goal of reducing greenhouse gas emissions for cars and light-duty trucks. In the Bay Area, this involves the Metropolitan Transportation Commission (MTC), as the MP Bay Area Governments (ABAG). SB 375 also waives certain requirements of the California Environmental Quality Act (CEQA) for projects in regions that develop a Sustainable Communities Strategy. The Strategy must integrate planning for transportation, land use and housing. Specifically, it must: 1.Identify specific areas in the nine- projected population growth, including all income groups, for at least the next 25 years; and 2.Try to achieve targeted reductions in greenhouse gas emissions from cars and light trucks. The Benefits of Integrated Land Use and Transportation: Integrating land uses (jobs, stores, schools, homes, etc.) and encouraging more complete communities can reduce automobile trips and emissions. Clustering more homes, jobs and other activities around transit can make it easier to make trips by foot, bicycle or public transit. Planning land uses and transportation together can help improve the vitality and quality of life for our communities, while improving public health. 5 Goals Rooted in Economy, Environment and Equity Economy, Environment and Equity. The vision will be crafted with guidance from local government officials and Bay Area residents to help support a prosperous and globally competitive economy, provide for a healthy and safe environment, and produce equitable opportunities for all Bay Area residents. The Strategy will establish targets or benchmarks for measuring our progress toward achieving these goals. Who will prepare t ABAG and MTC will develop the Strategy in partnership with the Bay Area Air Quality Management District and the San Francisco Bay Conservation and Development Commission. The four regional agencies will team with local governments, county congestion management agencies, local planning and public works directors, city and county managers, public transit agencies, interested residents, stakeholders and community groups to ensure that all those with a stake in t Despite the daunting list of agencies and officials involved, the strategy will focus on a simple and fragile fact: there is only one Bay Area to pass on to our children and grandchildren. Wh Regional Transportation Plan? MTC must adopt the Sustainable Communities Strategy as part of its next Regional Transportation Plan (RTP) for the Bay Area, which is due in 2013. Because state and federal law 25-year planning horizon. This also means the Strategy must be in sync with local land-use plans. Regional Housing Need Allocation? ABAG administers the state-required Regional Housing Need Allocation (RHNA). State law requires that the RHNA follow the development pattern specified in the Sustainable Communities Strategy. ABAG will adopt the next RHNA at the same time that MTC adopts the RTP. Local governments will then have another 18 months to update their housing elements. Related zoning changes must follow within three years. Yes! Local leaders have been pursuing more compact growth to help revitalize older communities, reduce travel time and expense, bolster the existing transportation system, control the costs of providing new infrastructure, conserve resources, promote affordability, and generally improve the quality of life for Bay Area residents. Responding to the regional FOCUS initiative, over 60 local governments have voluntarily designated more than 120 Priority Development Areas (PDAs), where much new growth would be concentrated. 6 Located within existing urbanized areas and served by high-quality public transit, PDAs ansportation for Livable Communities initiative, provide a solid foundation upon which to build the Sustainable Communities Strategy. How do I get involved in the Sustainable Communities Strategy? For more information, sign up to receive regular updates Communities Strategy, call 510.817.5831, or email info@onebayarea.org. Background Air Resources Board Adopts Greenhouse Gas Reduction Targets September 2010 Fact Sheet: SB 375 (PDF) Policies for the Bay Area's Implementation of SB 375 (PDF) UNDERSTANDING SB 375: Public Participation Requirements (PDF) Planning Process Chart: Phase 1 Detail for 2010 (PDF) Î Phase 2 Detail for 2011 (PDF) Î Phases 3 & 4 Detail for 2012-13 (PDF) Î Chaptered version: SB 375 (PDF) Regional Targets Advisory Committee Recommendations to CARB - Re: SB 375 (PDF) Transportation, Land Use and Greenhouse Gases: A Bay Area Resource Guide (PDF) September 2009 7 SARATOGA CITY COUNCIL RETREAT 2011 MEETING DATE: AGENDA ITEM: January 28, 2011 DEPARTMENT: CITY MANAGER: Recreation & Facilities Dave Anderson PREPARED BY: DIRECTOR: Michael Taylor Michael Taylor SUBJECT: Alcohol in City Parks and Facilities RECOMMENDED ACTION: Staff recommends the formation of a Council Adhoc or an Advisory Committee to assist in creating a consistent policy concerning alcohol use in City-owned parks and facilities, returning to Council by April 20 with ordinance recommendations that meet the desire of the community, and are clear and enforceable. REPORT SUMMARY: The use of alcohol in two City parks is restricted under Chapter 11 Parks and Recreation, of the Saratoga Municipal Code. Several Articles in this Chapter contain confusing, apparently contradictory, and unclear language. For example, according to Article 11-05.051, alcoholic beverage within Wildwood Park at any time between 12:01am Monday and 8:00am Satu Under Article 11-05.052, alcohol in El Quito Park is expressly forbidden at any time without a permit. The use of alcohol in other City parks is not regulated by Ordinance. Additionally, confusion exists over the number of people comprising a group that requires a use permit. Article 11-10 consist however Article 11-pre-advertised assemblage or group of persons twenty-five or more in number. This discrepancy has resulted in numerous questions by potential renters. There are no direct City ordinances concerning alcohol use in City facilities. Staff has included alcohol use as part of the general Facility Use Policy (Attachment A).According to that Policy, at private events held at Saratoga facilities, alcoholic beverages may be served only after the Permission to Serve Alcohol form is completed. Use of alcohol at any event requires a certificate of insurance, naming the City of Saratoga, its officers, officials, employees, agents, and volunteers as additional insured, in the amount of $1 million. Certificate must be submitted at Page 1 of 3 least thirty (30) days prior to the event. For events larger than 30 people, additional security is required. A non-profit group or organization wishing to sell alcoholic beverages, or charging an admission price which includes alcoholic beverages will be required to obtain, at their own expense, the appropriate license from the Alcoholic Beverage Control Department. Saratoga is one of only a few cities that allow alcohol at events honoring children (e.g. Quinceañera, etc.). DISCUSSION: Do the park ordinances mean only permitted groups (of 10 or more [11-10.010a] or 25 or more [11-05.050c]) are allowed alcohol? Are permits not required on weekends at Wildwood Park? The issues are many and staff has had difficulty interpreting and explaining the policies to the public. Questions arise alcohol is for sale, no if it is free; no during the week, yes on weekends, etc. The answer is not ambiguous, but can be confusing to the park/facility user. Problems arise when park/picnic rentals are accepted online without a vetting process to determine the possible need for a use permit. This lack of accountability is confusing and may increase the City's potential liability. There is also an issue in that some groups that would require a permit do not reserve picnic areas at all and rely on a first-come, first-served right to the park. The regulations have not had a complete update in over 15 years and staff has found them to be difficult and confusing to enforce. To address these issues, Council may decide to: 1.Make no changes and leave existing policy in place. 2.Create a Council AdHoc Committee to discuss alcohol in parks and facilities with the goal to return to Council by April 20 with recommendations. 3.Assign this ordinance for review in the regular Community Development Department Work Plan. 4.Assign this ordinance for review in the regular Parks and Recreation Commission Work Plan. 5.Take some other action not listed and provide direction to staff accordingly. FISCAL IMPACTS: The formation of an ad hoc committee would require minimal staff time and would not require any formal noticing of the meetings. Staff would attend the meetings in an advisory capacity. Work generated from the ad hoc committee would be implemented as part of the staff work program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no change in the existing regulations concerning alcoholic beverages in City- owned parks and facilities. Staff would continue to enforce current policies. Page 2 of 3 FOLLOW UP ACTION: As directed. ATTACHMENTS : Attachment A City of Saratoga Facility Use Policy Page 3 of 3 Attachment A City of Saratoga Facility Use Policy RESERVATIONS All Saratoga facility reservations are made on a first come, first served basis. The Facility Reservation form must be completed and delivered to the office of the Community Center. The completed Facility Reservation form must be accompanied by the Processing Fee and Security Deposit. City of Saratoga initiated and/or sponsored activities, programs or meetings will be given priority use of Saratoga facilities. Reservations may not be made more than one year in advance of date of use. If one year before the date requested falls on a Saturday, the reservation may be made on the preceding Friday. If one year before the date requested falls on a Sunday, the reservation may be made on the following Monday. Rental groups must vacate the Community Center facility by 1:00 A.M. on Friday and Saturday and 12:00 A.M. on Sunday through Thursday. All Saratoga Prospect Center activities must end by 10:00pm and the premises vacated by 11:00pm. The City of Saratoga reserves the right to refuse rental of the facility. PROCESSING FEE & SECURITY DEPOSIT The non-refundable Processing Fee ($35.00) is to be paid at the time the Facility Reservation form is completed. The Security Deposit ($300.00 or $500.00) is to be paid at the time the Facility Reservation form is completed and it is to be in the form of check or cash. Security Deposits are refunded within one month after the date of the event. If there are additional charges, damage to the building or contents, overtime, or maintenance charges, then a deduction will be made from the Deposit and the balance refunded. If the Deposit does not cover the charges, the applicant will be responsible for additional fees. If the clean-up is not completed the entire Deposit shall be forfeited. All checks are to be made payable to the City of Saratoga. There are no refunds for hourly Rental Fees that have been contracted and have not been used. Applicants may only exceed their reservation time limit if facility schedules and staff availability permit it. No storage of additional materials (rental dishes, decorations, chairs, etc.) is permitted without prior approval. Revised 07/01/2010 Attachment A CANCELLATION POLICY If the event is cancelled between 6 and 12 months in advance one third of the Deposit will be forfeited. Between 3 and 6 months cancellation notice will result in forfeiture of two thirds of the Deposit. An additional $15.00 processing fee is charged for all cancellations. The City will retain 100% of the Deposit if the cancellation is less than 3 months from the event. If notification of cancellation is made less than thirty days in advance of the event, the entire Rental Fee will be forfeited. NON-PROFIT GROUPS To be eligible for the non-profit rental fee rate, it is necessary to meet the following criteria: Be non-profit 501c3 (or similar) and show evidence thereof. At least 51 % of persons in membership or attending the function are Saratoga residents. Event is open to the public, advertised as such and is for public benefit. Non-profit groups requesting use of Saratoga facilities for the purpose of fund-raising or when an admission fee is charged pay regular rental fees. A special rate (75% of regular fee) is available for non-profit fundraisers where an admission fee is charged. This 25% off regular rental special rate is available once per fiscal year per non-profit group. SET UP & CLEAN UP The applicant is responsible for the set up and clean up of the event. Set up and clean up time must be included in the use time and appropriate fees will be charged. Clean up responsibilities include: *Cleaning and returning tables and chairs to proper storage areas. *Removing all decorations (use blue masking tape only). *Emptying trash and garbage cans into the outdoor dumpster. *Excess debris on floors must be swept. *Brooms and mops will be provided. *Cleaning supplies and ladders are not provided. Kitchen use and clean up responsibilities include: *The garbage disposal is to be used for food wastes only (NO coffee grounds). *The stove, sinks and counters are to be wiped clean. USE OF ALCOHOL At private events held at Saratoga facilities, alcoholic beverages may be served only after the Permission to Serve Alcohol form is completed. Use of alcohol at any event requires a certificate of insurance, naming the City of Saratoga, its officers, officials, employees, agents, and volunteers as additional insured, in the amount of $1 million. Certificate must be submitted at least thirty (30) days prior to the event. For events larger than 30 people, additional security is required. A non-profit group or organization wishing to sell alcoholic beverages, or charging an admission price which includes alcoholic beverages will be required to obtain, at their own expense, the appropriate license from the Alcoholic Beverage Control Dept. Revised 07/01/2010 Attachment A A 24 hour liquor license can be acquired at the: Alcoholic Beverage Control Dept. 100 Paseo de San Antonio, Suite 119 San Jose, CA 95113 (408) 277-1200 ROOM CAPACITIES The numbers listed below are room capacities determined by the Fire Marshall. Standing Sitting Multipurpose Room400 190 Senior Center275 130 Dance Studio45 30 Patio Room50 40 Arts & Craft Room 50 40 Warner Hutton House 60 40 Saratoga Prospect Center 80 50 Grace Building Main Room Saratoga Prospect Center 20 12 Grace Building Meeting Room Saratoga Prospect Center 346 150 Friendship Hall GENERAL REGULATIONS An employee of the City of Saratoga shall be present during all hours of use of the facility. The employee on duty will be responsible for control of lights, equipment and the opening and closing of the facility. The Facility Attendant will usually be in the main office and will be available to answer any question regarding use of the building. The staff person is not responsible for set up or clean up. Groups composed of minors must be supervised by one (1) adult for each ten (10) minors at all times while they are using the facility. The use of nails, staples, screws, etc. on walls, table or other equipment is not permitted. Blue Masking Tape, if used, must be carefully removed immediately following the event. Applicant will be responsible for any damage to facilities and must leave facilities in the same condition received, including areas outside of building. The City of Saratoga is not liable for accidents, injuries or loss of individual property in connection with use of Saratoga facilities. The City may require proof of insurance coverage. Users shall observe, obey and comply with all applicable City, County, State and Federal laws. Approval for use will not be granted to persons under 21 years of age. Revised 07/01/2010 Attachment A The lobby areas are not available for use during functions without advanced approval. Saratoga Facility Rental Fees Processing Fee $35.00 The non-refundable Processing Fee of is to be paid at the time the Reservation form is completed. Security Deposit $300.00 The refundable Security Deposit of (refundable Security Deposit for Saratoga $500.00) Prospect Center Friendship Hall is is to be paid at the time the Reservation form is completed. Rental Fees The Rental Fees are to be paid 30 days in advance of event. COMMUNITY CENTER Multipurpose Room w/kitchen $120/Hour Senior Center Room w/kitchen $110/Hour Community Center or Senior Center Kitchen $55/Hour Patio Room $55/Hour Dance Studio $50/Hour Arts & Craft Room $50/Hour Garden Patio $225/Day* *Available only when renting a room w/kitchen. WARNER HUTTON HOUSE House & Garden $115/Hour SARATOGA PROSPECT CENTER Friendship Hall w/kitchen $120/Hour Friendship Hall Kitchen $ 55/Hour Grace Main Room $100/Hour Grace Conference/Meeting Room $ 40/Hour AVAILABLE DISCOUNTS Saratoga Residents 10% of Rental Fee Non-Profit Organizations 50% of Rental Fee Non-Profit Fundraisers 75% of Rental Fee (limit one event per fiscal year) Only one discount will be applied Revised 07/01/2010