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HomeMy WebLinkAbout02-05-2016 Council Retreat Agenda PacketSaratoga City Council Meeting Agenda – Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 5, 2016 9:00 AM CITY COUNCIL RETREAT West Valley College | Baltic Room | 14000 Fruitvale Avenue, Saratoga CA 95070 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. AGENDA ITEMS 9:00 AM Finance Review: Fiscal Policies, Mid-Year Budget Status, and Five Year Forecast Staff Report Proposed Fiscal Policy Statements Mid-Year Budget Schedule 9:30 AM City Council Priorities for FY 2016/17 Staff Report 10:00 AM FY 2016/17 Capital Improvement Plan (CIP) Budget Staff Report 12:00 PM LUNCH BREAK 1:00 PM Communications Progress Report Staff Report Progress Report 1:30 PM Legislative and Other Statewide Policies Update Staff Report 2:15 PM BREAK 2:30 PM Smoking Regulations Staff Report Attachment A – Tentative Plan for Strengthening Smoking Controls 3:00 PM Retreat Wrap Up ADJOURNMENT Saratoga City Council Meeting Agenda – Page 2 of 2 CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on January 28, 2016 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 28th day of January 2016 at Saratoga, California. Crystal Bothelio, City Clerk 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, CA 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. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:Finance & Administrative Services PREPARED BY: Mary Furey, Administrative Services Director SUBJECT: Finance Review: Fiscal Policies, Mid-Year Budget Status, and Five Year Forecast RECOMMENDED ACTION: Receive proposed fiscal policy statement revisions, FY 2015/16 Mid-Year Budget status review, and Five Year Forecast presentation, and provide direction on fiscal policies and budget development for the 2016/17 fiscal year. REPORT SUMMARY: 1.Council’s fiscal decisions are guided by established Budget and Financial Policies. A redline version of proposed policy statement revisions, as recommended by the Finance Committee, is attached for Council’s review and discussion at the Council Retreat. a.Councilmembers may provide additional comments or suggestions to the Administrative Services Director through March 1, 2016. b.The comments and suggestions will be compiled and brought to the Finance Committee for review. c.The Finance Committee will provide direction to staff regarding additional revisions. d.Revisions will be incorporated into the proposed fiscal policies (in a different font color) and brought back to Council at the Budget Study Session on April 18, 2016 for final review. Fiscal Policies are included in the budget document and adopted as part of the annual budget process. 2.A preliminary Mid-Year Budget Status review will be presented to Council at the retreat to discuss current fiscal year revenue and expenditure projections and any needed budget adjustments. A final Mid-Year Budget Status report will be brought to Council at the February 21st City Council meeting. 3.The Five-Year Forecast presentation will present historical financial activity, current year activity and estimated outcomes, and forecasted projections for the next five years. Forecast handouts and revenue and expenditure projection assumptions will be provided to Council in the Council Retreat Binder. Specific budget impacts will be discussed at the retreat. ATTACHMENTS PROVIDED: 1.Proposed Fiscal Policy Statements 2.Mid-Year Budget Schedule ATTACHMENTS TO BE PROVIDED IN COUNCIL RETREAT BINDER 1.Forecast Assumptions 2.Five-Year Forecast 3 CITY OF SARATOGA INTRODUCTION SECTION BUDGET & FINANCIAL POLICY INFORMATION 1 4 CITY OF SARATOGA INTRODUCTION SECTION BUDGET PROCESS OVERVIEW he City of Saratoga adopts an annual Operating and Capital Budget and an annual budget update of the five-year Capital Improvement Plan. The budgets contain summary level information for revenue and expenditure appropriations for the fiscal year beginning July 1st and ending June 30th. The budget documents are prepared on the same basis as the City’s financial statements, and in accordance with generally accepted accounting principles (GAAP). T BUDGET PURPOSE The Operating and Capital Summary Budget and the Capital Improvement Plan serve as the City’s financial plan, as well as a policy document, a communications tool, and an operations guide. Developed with an emphasis on long range planning, service delivery, and program management, a fundamental purpose of these documents is to provide a linkage between the services and projects the City intends to accomplish, and the resources committed to get the work done. The format of the budget facilitates this linkage by clearly identifying program purpose, key projects, and workplan goals, in relation to revenue and expenditures appropriations. BASIS OF BUDGETING AND ACCOUNTING Developed on a program basis with fund level authority, the operating and capital budgets represent services and functions provided by the City in alignment with the resources allocated during the fiscal year. Basis of Accounting and Budget refers to the timing factor concept in recognizing transactions. This basis is a key component of the overall financial system because the budget determines the accounting system. For example, if the budget anticipates revenues on a cash basis, the accounting system must record only cash revenues as receipts. If the budget uses an accrual basis, accounting must do likewise. The City’s budgeting and accounting systems both use a combination of modified accrual and full accrual basis in the accounting and budget systems. The City’s Governmental Funds consist of the General Fund, Special Revenue Funds, Debt Service Funds, and Capital Project Funds. Governmental Fund budgets are developed using the modified accrual basis of accounting. Under this basis, revenues are estimated for the period if they are susceptible to accrual, e.g. amounts can be determined and will be collected within the current period. Principal and interest on general long-term debt are budgeted as expenditures when due, whereas other expenditures are budgeted for liabilities expected to be incurred during the current period. Proprietary fund budgets are adopted using the full accrual basis of accounting whereby revenue budget projections are developed recognizing revenues expected to be earned during the period, and expenditures are developed for expenses anticipated to be incurred in the fiscal year. The City maintains one type of proprietary fund: Internal Service Funds. Fiduciary funds are also budgeted under the modified accrual basis. Trust funds are subject to trust agreement guidelines, and Agency Funds are held in a custodial capacity involving only the receipt, temporary investment, and remittance of resources. Saratoga administers two agency funds. SUMMARY OF BUDGET DEVELOPMENT The City develops it budgets with a team-based budgeting approach. City Management and the Finance Department guide the process through budget development; however program budgets and workplans are developed with each department’s director or program manager’s oversight and expertise. This approach allows for hands-on planning and creates a clear understanding for both management and staff of a program’s goals and functions to be accomplished in the next budget year. THE DEVELOPMENT PROCESS Typically both the Operating and Capital Budget and Capital Improvement Plan (CIP) annual development processes begin in early January with the City Council and City Manager’s development and refinement of initiatives and directives for the upcoming budget year. The Five-Year financial forecast is developed and brought to the annual Council Retreat to review. This forecast provides an overview of service level operations as it ties to fiscal resources, and guides the discussion for the 2 5 CITY OF SARATOGA INTRODUCTION SECTION upcoming budget direction. The CIP is also reviewed during this time to determine funding capabilities, project priorities, and to refine project workplans. Although the CIP Budget is a stand-alone body of work, CIP projects impact the City’s ongoing operations and are therefore incorporated into the Operating and Capital Summary Budget document through the resulting financial appropriations and service level requirements. In February, the budget preparation process begins in earnest. Budget assumptions, directives and initiatives are provided to set the City’s overall objectives and goals. Over several months, staff identifies and analyzes program revenue and expenditure projections in coordination with Finance/Budget staff and City management. Capital improvement projects are assessed and refined, and CIP funding and appropriation requirements are finalized. Through rounds of budget briefings and revisions, operational and capital workplans are reviewed and compiled, and staff finalizes the proposed program and capital budgets. Financial summary information is prepared, and the proposed budget document is prepared for City Council review. A summary level Public Hearing presentation is created to highlight the notable budget impacts in the forthcoming year. BUDGET ADOPTION During the month of May, the City Council reviews the proposed Operating and Capital Summary Budget, and the Capital Improvement Plan for the five year period in a public hearing. Notice of the hearing is published in a local newspaper at least ten days prior to the Council’s public hearing date. The public is invited to participate and copies of the proposed budgets are available for review on the City’s website, in the City Manager’s office and at the budget hearing. Under requirements established in Section 65401 of the State Government Code, the City’s Planning Commission also reviews the proposed Capital Improvement Plan and reports back to the City Council as to the conformity of the plan with the City’s Adopted General Plan. Final council-directed revisions to the proposed budget are made and the budget documents are resubmitted to the Council for adoption, again in a publicized public hearing prior to the beginning of the fiscal year. Section 2-20.050(i) of Saratoga’s City Code requires the City Manager to prepare and submit an annual budget to the City Council. This is accomplished in June, when the final proposed budget is formally submitted to the Council in the subsequent public hearing. The approved resolutions to adopt the CIP and operating budgets and the appropriation limitation (Gann Limit) follow later in this section. BUDGET AMENDMENTS During the course of the fiscal year, economic and workplan changes or unanticipated needs may necessitate adjustments to the adopted budgets. The City Manager is authorized to transfer appropriations between categories, departments, projects, and programs within a fund in the adopted budget, whereas the City Council holds the authority for budget appropriation increases and decreases, and transfers between funds. 3 6 CITY OF SARATOGA INTRODUCTION SECTION BUDGET CALENDAR December January February March Budget Office to begin development of financial forecast and budgets for following fiscal year, including: •Draft operating budget revenue and expenditure projections •Prior fiscal year-end fund balance available for CIP Budget Office to prepare Mid-Year Budget Report and Five-Year Financial Forecast for Council review at annual retreat For Operating Budget: •Budget Office to provide budget information to staff on budget assumptions, directives, initiatives, and goals •Budget Office and Program Managers to prepare Internal Service and Equipment Replacement Fund analyses and schedules, finalize internal service rates •Budget Office to prepare operating budget worksheets for updates, including departmental/program narratives, staffing and financial worksheets, asset and staffing requests. For Capital Budget: •Budget Office to prepare updated five-year CIP project worksheets Budget Office and departments to review current User Fee Schedule for appropriate changes in preparation of annual updates process For Operating Budget: •Budget Office to finalize Internal Service Fund program workplans •Budget Office to prepare budget worksheets for departments, including staffing and internal service program costs •Departments to prepare draft revenue expenditure workplans For Capital Budget: •Project Managers to prepare funding, scope of work, and cost estimates for new proposed projects For Operating Budget: •Departments to finalize budget work plans •Review proposed budgets with City Manager •Departments and Budget Office to finalize budget changes For Capital Budget: •Project Managers to determine year end CIP project estimates •City Manager to finalize new proposed CIP projects 4 7 CITY OF SARATOGA INTRODUCTION SECTION April May June July/ August/ September For Operating Budget: •Departments to finalize program narratives and performance measures •Budget Office to compile final program narratives, financial and supplemental schedules, and financial budget summaries and charts for City Council Budget Study Session For Capital Budget: •Project Managers to finalize new project information for CIP submittal •Public Works Manager to bring new projects to Planning Commission meeting for General Plan conformance review City Council to hold Public Hearing for Annual User Fee Update City Council to hold Budget Study Session For Operating & Capital Budgets: •Final budget briefing with City Manager •Budget Office to incorporate Council directed changes into proposed budgets and prepare final documents for Public Hearing presentation City Council to hold Proposed Budget Hearing For Operating & Capital Budgets: •City Council revisions incorporated into budget documents •City Council adoption of Operating and Capital Budget •City Council adoption of Gann Appropriation Limit Final document preparation of financial and supplemental schedules, charts, reference materials, etc. Adopted Operating and CIP Budget documents finalized, posted on website, and distributed 5 8 9 FISCAL MANAGEMENT POLICY STATEMENTS With both a general management philosophy and Council goal to practice fiscal responsibility, the City of Saratoga’s conservative and cautious financial management is achieved through responsible, sustainable, and enforceable fiscal policies and internal controls to ensure prudent and efficient use of resources. These policies and controls represent long-standing accounting, budgeting, debt, investment, and reserve principles and practices, and are the foundation upon which the City maintains its fiscal stability. These general fiscal management policy statements provide a summary overview of financial, operational, and budgetary management, in one comprehensive centralized format toand act as guidelines and assist elected officials and staff with understanding the City’s financial practices for fiscal operations. Detail level Ffiscal policies are administrative in nature, therefore detail level policy direction is are not included in the budget document. However, fiscal policies that rise to Council review and approval standards at a more specific level are incorporated into the budget document for annual adoption by Council. Currently this includes the Fund Balance Reserve Policy and the Capital Project Process Policy which follows this section. Other Council defined policies will be added as directed/approved. The Summary Fiscal Management Policy Statements in this document are organized into the following categories: General Financial Principles Appropriations and Budgetary Control Auditing and Financial Reporting Capital Improvement Plan Development Related Financial Policies Expenditures and Purchasing Fixed Assets and Infrastructure Internal Service Funds Long-Term Debt Revenues Risk Management Policies Treasury Management General Financial Principles •The City’s fiscal policies are structured to ensure fiscal responsibility, accountability, transparency, and efficient use of resources. Fiscal policies are to be reviewed, updated, and refined as necessary, with general policy level decisions brought to City Council for review and approval, and administrative and operational level functions approved by the City Manager. •Proposed revisions to the Fiscal Management Polic y Statements and Council Polic ies are provided to Council at the annual Council Retreat. Council members are to provide comments and concerns regarding revisions back to the Mayor or City Manager at least two weeks prior to the budget study session to clarify or include in agenda. •The City’s primary long-term financial goals are to main tain the City’s fiscal health, preserve essential services, and support short and long-term administrative, financial, and operational goals in a financially judicious manner. Long-term financial and infrastructure planning and the annual adoption of a structurally balanced budget provides the foundation to these long-term financial goals. The City shall promote and implement strong internal financial controls to manage risks and monitor the reliability and integrity of financial transactions and operational activities. •Financial information shall be provided in a relevant, thorough, and timely manner, to effectively communicate the City’s financial status to the Council, citizens, employees, and all other interested parties. 10 •F inancial stability goals and judicious responsiveness shall be the foundation upon which proactive and advantageous financial decisions are made, and which guide the City’s response to local, regional, and broader economic changes through the years. •The City shall undertake , adopt, and integrate new initiatives or programs in a cau tious, well planned manner to support the City’s long-term ability to maintain its essential services at the same level and quality required by its citizens. •The City Council’s financial and community based goals, objectives, and policies are incorporated into and implemented with the development and adoption of the City’s Operating and Capital Budgets. •Efforts will be coordinated with other governmental agencies and joint power associations to achieve common policy objectives, create beneficial opportunities and services for the community, 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, business, and private grants which address the City’s current priorities and policy objectives. Appropriations and Budgetary Control •The City Council shall adopts an annual balanced operating budget and the first year of an integrated five-year capital improvement plan budget by June 30th of each year on an annual basis, to be effective for the following fiscal year running from July 1st through June 30th. Balanced budgets present budgeted sources in excess of budgeted uses. Budgeted “Sources” include Revenues, Transfers In, and Appropriated Uses of Fund Balance. Budgeted “Uses” include Expenditures and Transfers Out. Operating and cCapital bBudgets are to align with the City’s long-term financial goals. •The City utilizes long-range planning as a decision-making tool, and annually adopts a structurally balanced financial plan that retains the City’s fiscal health, preserves essential services, and support s short and long-term goals in a financially judicious manner. moved to general fin policies •Each year the Finance & Administrative Services Department provides a short recap of the prior-year budget, a mid-year budget status report, and an updated five year financial forecast to the City Council at the Annual Council Retreat (scheduled in late January or early February ) to assist Council with formulating direction for long-range fiscal planning, operating budget development, and capital funding appropriations. • Budgets are prepared on the same basis of accounting used for financial 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 Operating Budget is primarily funded with current year revenues. Dedicated fund balance reserves, such as the Carryforward or Fiscal Stabilization Reserves represent prior year savings designated for specific uses, which may be used to fund current year operational expenses , in accordance with their purpose , upon Council approval. Council may also approve the use of long-term debt for operational liabilities if they deem it fiscally prudent. •City policy is to fund tThe Capital Budget is funded with both prior year surplus funding and dedicated capital funding resources. Dedicated funding sources include Gas Tax (HUTA) revenues, road impact assessment revenues; grantsproject revenues and reimbursements; community benefit assessments; and federal, state, local, and private grants. •In practice, budgeted revenues are conservatively stated and budgeted expenditures are comprehensive, allowing for the annual operational and capital improvement goals to be completed. With effectively managed revenue streams and efficient use of resources, fiscal year-end operational budget surpluses are available to fund future capital improvement projects and contribute to the City’s fiscally responsible reserve accounts. •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 majority approval. Operating Budget appropriations lapse at the end of each fiscal year unless specifically carried forward by appropriation 11 re-appropriated by the City Council in the following fiscal year’s budget. Capital Budget appropriations are structured as a multi-year workplan; therefore project expenditure balances are automatically carried forward to the following fiscal year as part of the annual budget adoption until funding is exhausted , modified, or the project is completed. •The City budget shall comply with the annual determination of the City’s appropriation limit calculated in accordance with Article XIIIB of the Constitution of the State of California and adopt an annual resolution to this effect. •The City Manager is authorized to implement the City’s workplan as approved in the adopted budget. Within a specific fund, the City Manager may transferhas the discretion to adjust 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. An example would be to backfill a vacant salaried position with a contract service, therefore shifting funds from wage and benefit appropriations to an operating expense expenditure within the General Fund appropriation. The City Manager also has the authority to withhold filling the position for a time if conditions warrant a delay. •Generally, recurring expenditures are funded with recurring revenues or revenues specifically designated for operational use. One time expenditures may be funded with one-time revenues or fund balances reserves. Fund balance reserves are to be used for non-recurring one-time expenditures and capital projects. •In compliance with Council’s Fiscal Stewardship goal, fiscal stability and sustainability principles are incorporated into budget planning. Appropriating adequate funds on an annual basis for the replacement and maintenance of assets through Internal Service Funds, prioritizing infrastructure maintenance and repair in the capital budget, and institutionalizing prudent payment strategies for long-term liabilities are foundational strategies of fiscal stability and sustainability. •I n FY 2014/15 CalPERS notified the City that as of 6/30/2015, the City ’ s U nfunded Accrued Liability obligation of $7.7 million was to repaid over a thirty (30) year payment plan. The City Council established an alternative repayment plan to lower the overall cost of the liability while maintaining fiscal stability. Approximately 43% of the outstanding liability was immediately paid through the use of current year net operations and expendable reserve funding. The remaining liability is to be paid off with an accelerated payment plan of $500,000 per year. This payment strategy reduces interest costs by approximately 65% and reduces the payment period to 15 years. •The City Council appropriates has established a $50,000 annually to a ‘Council ContingencyDiscretionary account’ appropriation for so that Council has funding available forapproved unplanned expenditures. Council direction and consensus approval is required to utilize these funds. Unexpended appropriations are carried forward into the following fiscal year. •Parks and Recreation Services are an essential element in m eet ing the City’s goal to enhance and pro mote quality of life in the community. The Recreation Department provides activities, programs, classes, and rental facilities to the entire Saratoga community, from infants to seniors, through various services. While these services innately benefit individuals, and would typically be 100% funded through user fees, Council recognizes the general community benefit and determined the Recreation Department would function under a minimum cost recovery goal of 65%. This calculation is comprised of t was established to align with the California Parks & Recreation Society’s (CPRS) average cost recovery rate for all California recreation departments at the time the policy was set. otal program revenues and expenditures for the General Fund’s Recreation Services, Teen Services, and Facility Rentals programs, as all share the use of the building, equipment, staff, and purpose, and are therefore intrinsically connected in the analysis. •The Community Development Department strives to attain full cost recovery in recognition that development and building services are provided primarily for individual and monetary benefitenrichment rather than for the general community’s benefit. Total department revenues in excess of total department expenses (net gain) are added to the reserve at year end, and up to one-third of the reserve fund balance may be used to offset a net loss at year end. Auditing and Financial Reporting 12 •California State statutes require an annual financial audit of the City’s financial records and transactions by independent Certified Public Accountants. The City shall comply with Generally Accepted Accounting Principles (GAAP) and produce annual financial reports pursuant to Governmental Accounting, Auditing, and Financial Reporting (GAAFR) guidelines. The independent auditor will issue an audit opinion to be included in the City’s Comprehensive Annual Financial Report (CAFR) testifying to the financial reports conformance with accounting principles. •Additional financial reports issued by the Auditor’s may include: Singe Audit Report (annual report of federal grant expenditures if in excess of the federal single audit limit is expended in a fiscal year), a Transportation Development Act (TDA) report (annual report of TDA fund expenditures), an Appropriations Limit review report (to establish tax revenue appropriation limit), and a Management report on the City’s Internal Controls. •The City shall submit the CAFR to the Governmental Finance Officer s Association (GFOA) Financial Reporting Program each year for review, and if in compliance with the program ’s requirements, to receive an award for meeting GFOA’s financial reporting standards. •Regularly scheduled external F inancial R eports include the following: A State required Annual Cities Report , and Annual Streets Report are also completed in conjunction with the year-end close. Quarterly SMIP (Seismic Motion) fee reconcil i ation reports ; CASp (ADA Acces si bility) reconciliation reports: and California Building Standard Commission (green building standards) reconciliation reports Quarterly Use Tax Reports to remit uncollected sales tax to the State Board of Equalization SB90 Mandated Cost reports for claims to comply with State regulated legislation . Annual UST Certification report to show fiscal responsibility for the City’s underground storage tanks, Annual Possessory Interest Report submitted to the County ’s Assessor’s Office to report City owned leased property •Regularly scheduled internal F inancial R eports include the following : Weekly check registers and monthly Cash and Investment Treasurer Reports arewill be s submitted for review and approval at City Council meetings. Quarterly financial reports will provides a status update on General Fund revenues and expenditures for the first, second, and third quarters. At mid-year , a budget status report is presented toat the City Council in February each yearretreat with to provide a more comprehensive financial overview of the current year’s budget and includes to proposed recommended budget adjustments as appropriate. A year-end financial recap is provided after the City’s annual financial audit is completed. Capital Improvement Plan •A five year C apital I mprovement P lan (CIP) is updated annually in conjunction with the operating budget. The CIP reflects the current and changing needs of the community as well as enhancements to improve the quality of the community. The first year of the CIP is adopted to authorize appropriations. •The CIP is categorized into programs by project type . The four programs are : Street Improvements, Park & Trail Improvements, Facility Improvements, and Administrative & Technology Improvements. •All projects within the CIP programs are appropriated, managed, and tracked separately , and each project’s financial status is reported on a monthly basis in the Treasurers Report.13 •Project updates are recorded in the annual Capital Budget, with narrative, timeline, and financial summary information updated with each published budget document. •Capital improvements that specifically benefit a select group of users and/or are fee-for-service based are t o be financed through user fees, service charges, special assessments and taxes, or development impact fees. •The City shall identify and dedicate capital improvement related funding directly to the CIP and to maximize the use of grant funding for capital improvement projects. •Grant s, insurance , or other r eimbursement funding is to be returned to the expenditure’s funding source, unless otherwise directed by Council. For instance, Hillside Reserve funded projects that receive insurance reimbursement payments are to be returned to the Hillside Reserve, and grant reimbursements for projects funded through the CIP Reserve are to be returned to the CIP Reserve when payment is received. •After completion of the prior year’s audit and the General Fund’s priority funding requirements are met, the remaining net operations are moved into the Capital Project Reserve at year end. Use of the Capital Project Reserve for the subsequent fiscal year is reviewed and preliminary direction given by consensus of the City Council at the Annual Council Retreat. Final CIP funding direction is provide through the budget adoption. •Council has designated the following capital projects as fundamental to maintaining City infrastructure on an ongoing basis, and shall therefore have priority status for available Capital Improvement Reserve funding: The below funding guidelines shall be reviewed by Council for final CIP Budget direction each fiscal year: $200,000 – A nnual Infrastructure Maintenance & Repairs ( for Sidewalk , Storm Drains, Curb & Gutter, and Bridge Maintenance) $50,000 – Roadway Safety and Traffic Calming $50,000 – Risk Management and Mitigation Projects •The Annual Roadway Maintenance and Repair (ARM&R) CIP project is the primary CIP project funded in support of Council’s goal to maintain Saratoga city streets at an average 70 PCI rating. On occasion, separate street specific resurfacing projects are established due to funding requirements; they also contribute toward this goal. The ARM&R project was originally established with a $1,000,000 minimum annual funding goal from dedicated Gas Tax Revenue and Solid Waste Services contract assessed Vehicle Impact Fees. However , after decreases in the PCI, Council has established a new goal of $2,000,000 annually with the FY 2016/17 budget. Council is to consider this goal in conjunction with funding requests during the CIP budget discussion each year. This project shall encompass roadway repairs, resurfacing, and rehabilitation projects, traffic light, curb and gutter, and other miscellaneous repairs, striping and signage, and assorted street materials and supplies. Development Related Financial Policies •The Development Reserve was established to provide stability for multi-year development related services. The reserve is funded by Community Development Department revenues in excess of expenses at fiscal year-end. The reserve is available for use in those years where a shortfall occurs; when development revenues fall below development expenses. Use of the reserve for operational support is limited to a maximum of 1/3 of the reserve balance in any given fiscal year; with any budgeted use of the reserve automatically rescinded up to the amount development revenues are sufficient to cover General Fund net operations. The reserve may also be utilized for other development related uses, such as funding development software upgrades or special projects, per Council direction. Additional information on this Development Reserve is located in the Fund Balance Reserve Policies section. •The Williamson Act, also known as the California Land Conservation Act, was passed by the California Legislature in 1965 to encourage rural & agricultural land owners to keep their land undeveloped. When land owners enter into a contract under the act, they benefit from lower property taxes, which are based on the property’s current use, rather than paying market value based tax rates. In exchange, the property is to remain undeveloped and continue to function in the same manner for the duration of the contract. Contracts run for 10 years and are automatically renewed unless the farmer or rancher cancels it. The City does not limit the number of Williamson Act contracts entered into each year. 14 •The Mills Act is State-sponsored legislation granting local governments the authority to enter into an agreement with property owners to allow reduced property tax payments in return for the restoration and continued maintenance of their historic property. Since the agreement reduces property tax assessment, the City receives a smaller share of property tax revenue in comparison to a property that is assessed at market value. The City will allow approval of up to three Mills Act Contracts per year. Expenditures and Purchasing •All expenditures shall be in accordance with the City’s purchasing policy, travel policy, credit card policy, agreement, contract policy and public contract code, state or federal law, or any other applicable guidelines or regulations. •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, or service reductions. •The City’s current purchasing policy, (effective date of 4/23/2007) establishes purchasing authority levels, purchasing procedures, and procedural requirements, for the procurement of supplies, equipment, and services, in conformance with Federal and State codes and regulations, and City Ordinance No. 2-45. •Public Work projects governed by the State’s Public Contract Code are excluded from provisions of the City’s purchasing policy. •Guidelines established by the City’s Purchasing Policy directs the City’s departments to purchase the best value obtainable, securing the maximum benefit for funds expended, while providing all qualified vendors an equal opportunity to do business with the City. •Services and supplies purchases that exceed $5,000 require written quotes, and must be approved by the Purchasing Officer or designee, typically through the Purchase Order process. Documentation is to be retained by the department in accordance with the records retention policy and schedule. •Services, supplies, and fixed asset purchases exceeding $25,000 must be authorized by the City Council, unless purchase is specifically called out in the adopted budget (such as vehicle and equipment replacements) or excluded under the Purchasing Policy. •The City departments shall conduct quarterly program and capital project review s to determine if projected operating revenues and expenditures meet budgeted expectations. If an operating deficit is projected at year- end, the departments shall evaluate and implement corrective actions as needed, and notify Council if services will be impacted. Fixed Assets and Infrastructure •Tangible assets with a cost equal to or greater than $10,000 and a useful life of more than one year are considered fixed assets and added to the capitalization schedules. 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, and through Internal Service Fund programs to both maintain and replace City building infrastructure, fixtures, and equipment, vehicles, and public works and technology equipment on an ongoing basis •A Capital Asset system will be maintained to identify all City assets, their condition, historical and estimated replacement costs, and useful life. Asset information is retained to provide information for preparation of financial statements in accordance with GAAP, with emphasis placed on completion of GASB 34 requirements.15 •Infrastructure management systems are to be developed and maintained to provide long range financial and operational planning. These shall include Roadway System management programs, Storm Drain System management plans, Bridge replacements, Street Signal System replacements, and all other infrastructure categories that require significant financial resources to fund the eventual replacement needs. Internal Service Funds •Internal Services Funds are established to both equitably allocate operating costs to departments for support and maintenance services, and to stabilize and spread the City’s replacement and operational costs over fiscal years for the purpose of providing an accurate and balanced long-range fiscal perspective of the use of services and assets. •Vehicles, Equipment, and Building asset replacement and maintenance types of Internal Service Funds are structured to provide a consistent level of funding for asset and equipment replacement, and to ensure sufficient funding is available for the regular maintenance, repair, and replacement of the City’s vehicles, equipment, and building fixtures in an ongoing manner. •Technology and Office Equipment replacement and maintenance Internal Service Funds are structured to provide a consistent level of funding for the replacement of assets and projects, and to appropriately distribute support and maintenance costs to departments. •The Liability and Workers Compensation Insurance Internal Service Funds shall 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 fund balance reserve policy objectives. Long-Term Debt •The City shall seek to maintain a high credit rating through sound financial practices as a foundational financial practice, and to maximize borrowing costs. •The City does not incur debt for operations or capital improvements except under extraordinary circumstances and with citizen support. Under these circumstances the City will seek voter approval for General Obligation (GO) Bond Debt for major infrastructure rehabilitation. •Long-term Financing Debt is typically incurred for capital improvements or special projects that cannot be financed from current or dedicated revenues, or for large liabilities resulting in significant financial impacts. In principal, long-term debt is to be used only if the debt service requirements do not negatively impact the City’s ability to meet future operating, capital, and cash reserve policy requirements. •Through City Council approval, t he City may function as a bonding conduit for special assessment districts . This may occur when a neighborhood or area is seeking to improve private or cooperatively owned infrastructure, such as private roads or water system cooperatives. The City shall require full liability protection and cost recovery as necessary to protect the City and mitigate the cost associated with such actions. •The term for repayment of long-term financing shall: not exceed the expected useful life of the project ; include financing payment terms at a manageable level ; and does notor extend beyond functionally appropriate payment terms. •The City will monitor all forms of debt annually in conjunction with budget development and will report concerns and remedies if necessary to the City Council. •The City will ensure compliance with bond covenants, providing financial information to reporting parties as necessary. 16 •The City will comply with Government Code Section 43605 limitations on debt, which limit s general obligation indebtedness to an aggregate 15% of the assessed value of all real and personal property of the City. Revenues •The City will encourage a stable revenue system to offset short-run fluctuations in any one revenue source, in part through balancing revenue fluctuations to related operational fluctuations . –such as This concept is applied in Community Development as’s multi-year service revenues net operational funding is held in reserve and utilized to fund operational expenses as needed. and contract services fluctuate with service needs. •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. Dedicated Capital Project revenues are to be directly accounted for in the appropriate capital project fund, within a designated project. •A master schedule of User Fees is reviewed and presented to Council on an annual basis to adjust fees to an appropriate level. Operating departments shall review services and the existing fees to ensure discretionary services (not specifically waived or modified) reflect direct and reasonable indirect costs of providing such services. •The City typically establishes user charges and fees at levels that recover the direct and indirect activity cost of providing a service or product. The City also considers market rates and charges levied by other municipalities of similar size for like services in establishing rates, fees, and charges. As some services have partial cost recovery objectives (such as Recreation classes and facility rentals), cost recovery ratios will vary in accordance with policy objectives. •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. •Donations may be accepted in accordance with the City of Saratoga Donation Policy most recently approved by the City Council. Under the current policy, unrestricted donations of $5,000 or less may be accepted or declined by the City Manager. Restricted donations of $500 or less may be accepted or declined by the City Manager. Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be brought to the City Council for consideration. The City Manager may choose to request City Council consideration of any donation, regardless of value. Risk Management Policy •The City is insured for up to $205 million of general liability, auto, and property damage claims through a Joint Powers Association insurance cooperative up to $5 million, and an excess insurance provider for claims in excess of this, up to $20 million.the Association of Bay Area Government’s (ABAG) Pooled Liability Assurance Network (PLAN) Corporation. The City is self-insured for the first $25,000 for general liability and auto claims; property damage afterup to $5,000 and third party auto claims afterup to $10,000. •Workers Compensation claims are insured for the first $250,000 of coverage through the City’s participation in a Workers Compensation risk pool, known as SHARP (Shared Agency Risk Pool). After the $250,000 limit is met, an excess insurance coverage policy is activated. The excess coverage provides an employer liability limit of $5 million,000,000 per occurrence, and workers’ comp per occurrence limit of $100 million,000,000. Workers' Compensation claims are managed by a third party administrator. •The City’s role in managing both its risk management and workers comp programs is to be preventative in nature which is accomplished through careful monitoring of losses, working closely with the third party administrator, proactively addressing infrastructure maintenance and potential risks, and by designing and implementing safety programs to minimize risk and reduce losses. 17 Treasury Management •The City’s Investment Policy shall be brought to the Finance Committee and City Council for review, discussion, direction, and adoption on an annual basis. California Government Code Section 53600 and the; 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 review and approve the City’s Investment Policy. •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. •Finance staff shall exercise due diligence to comply with the Investment Policy. The City currently practices very conservative and cautious investment practices throughby limiting its investments to the State’s Local Agency Investment Fund (LAIF). LAIF’s extensive professional investment staff and conservative investment practices ensure prudent financial management of the City’s fiscal reserves.Certificates of Deposits and high grade investment vehicles may also be utilized under the Investment Policy, however the Finance Committee will provide oversight, review and direction on any decisions to move a portion of the City’s available funds into these other permitted investments. •Administrative Services Department’s Finance Division shall prepare a monthly report to the City Council that has sufficient detail to present the financial condition of the City at month end, the cash and investments balance by fund, and fund balances by fund type. 18 19 FUND BALANCE RESERVE POLICY Prudent financial management dictates that the City reserve a portion of its funds for future use to: maintain fiscal stability; ensure the continued orderly operation of government and provision of services to residents; and to mitigate current and future risks. As a general budget precept, the City Council decides when and whether to appropriate available funds to and from a reserve account. Use of reserve funds must be authorized by either specific direction in the annual budget, or by a separate City Council action – unless specifically directed by policy. Responsible fiscal stewardship also requires adequate reserves be maintained for all known liabilities and established City Council and community directed initiatives. In the following Fund Balance/Reserve Policy overviews, the descriptions include identification of the fund type and classification, the purpose of the reserve, minimum and maximum funding goals if appropriate, guidelines on utilization of the reserve and by what authority, and the procedure for funding the reserve initially; on an ongoing basis, or after utilization. Fund Balance and Net Position In 2009, Governmental Accounting Standards Board (“GASB”) Statement No. 54 revised fund balance classifications for “Governmental Funds” into five specific classifications of fund balance with the intent to identify the extent to which a specific fund balance reserve is available for appropriation and therefore spendable, or whether the fund balance reserve is constrained by special restrictions. Government Funds for which these new rules apply include: the General Fund, Special Revenue Funds, Capital Project Funds, and Debt Service Funds. For “Non-Governmental Funds”, equity classifications are classified as “Net Position” with sub-classifications of Restricted or Unrestricted Net Position. A third component of a Non- Governmental Fund’s equity is “Net Investment in Capital Assets,” which for the City refers to the non-monetary portion of equity such as vehicles and equipment, net of depreciation. Non- Governmental Fund types include Proprietary Funds (Enterprise and Internal Service Funds) and Fiduciary Funds (Trust Funds). Currently, the City’s non-governmental fund types are limited to Internal Service Funds. Governmental Fund Type Reserve Classifications The Governmental Reserve classifications are defined as follows, which includes the applicable reserves that fall into the classification: Non-Spendable Fund Balance Represents resources that are inherently non-spendable from the vantage point of the current period. The City does not presently hold Non-Spendable Reserve funds. Restricted Fund Balance Represents fund balance that is subject to external enforceable legal restrictions. The City maintains the following restricted fund balances under this designation: •General Fund: Environmental Services Fund Balance Reserve 20 •Special Revenue Funds: Landscape & Lighting Assessment Districts Fund Balance •Debt Service Fund: Library General Obligation Bond Debt Service Fund •Capital Project Funds: a) Park In Lieu Fund: b) Highway User Tax Allocation Fund (Gas Tax): c) Capital Project Grant Funds Committed Fund Balance Represents fund balance constrained by limitations the government imposes upon itself at its highest level of decision making and remains binding unless removed in the same manner. The City maintains the following fund balances under this designation: •General Fund: Hillside Stability Reserve •General Fund: Facility Replacement Reserve •Capital Improvement Plan Funds: Capital Improvement Project Fund Balance Reserve Assigned Fund Balance Represents fund balance identified by Council for an intended use; however as no legal obligations exist, the funds may be re-designated and utilized for another purpose if Council chooses. The City maintains the following General Fund reserves under this designation: •General Fund: Future Capital & Efficiency Project Reserve •General Fund: Carryforward Reserve Unassigned Fund Balance Represents funding which may be held for specific types of uses or operational funding/stabilization purposes, but is not yet directed to a specific purpose. Only General Fund reserves can be designated under the “Unassigned” fund balance classification. Other fund types are by nature structured for specific purposes, hence the fund balances are therefore considered “assigned” for that purpose. •General Fund: Working Capital Reserve •General Fund: Fiscal Stabilization Reserve •General Fund: Development Services Reserve •General Fund: Other Unassigned Fund Balance Reserve Fund Balance Ratios To ensure the City maintains available working cash flow and emergency funding at all times, the collective total of the General Fund’s Assigned and Unassigned Reserves shall be sustained at a minimum of 20% of General Fund expenditure appropriations, net of transfers out. General Fund Year-End Allocations After the City’s financial records are finalized and audited, with legal obligations and liability reserves funded, revenues in excess of expenditures are closed out to the Other Unassigned Fund Balance Reserve. A base $500,000 of funding is to remain in the Other Unassigned Fund Balance Reserve, with the remainder distributed in the following order: 1.Working Capital Reserve interest allocation. 2.Repayment of Fund Balance Reserve loans - back to established levels (e.g. 21 borrowing from/usage of the Fiscal Stabilization or Hillside Stability Reserves). a.For the Hillside Stability Reserve, loan repayment shall be made in annual contributions of $100,000 until reserve balance reaches the $1,000,000 reserve goal. b.Fiscal Stabilization loan repayments shall be made as directed by Council. 3.Annual contribution of $3500,000 to Facilities Replacement Reserve. 4.Remaining funds are allocated to the Future Capital Improvement and Cost Efficiency Projects Reserve. 22 GENERAL FUND – FUND BALANCE RESERVE POLICIES Environmental Services Reserve Under the Restricted Fund Balance classification, the Environmental Services Reserve represents revenues collected under a prior funding structure for environmental purposes, and is therefore restricted for use in funding environmental program costs such as clean water programs, street sweeping, and storm drain cleaning services. Per policy, the Environmental Service Reserve is being utilized through annual budget appropriations of $50,000. The Environmental Services Reserve originated from a one-time funding structural change and therefore will not be replenished when depleted. Hillside Stability Reserve Under the Committed Fund Balance classification, a Hillside Stability Reserve of $1,000,000 is set aside to provide funding for unanticipated or unforeseen emergency or extraordinary costs related to hillside degradation, inclusive of slide prevention and mitigation, slide repair, and associated drainage and roadwork. The reserve is to be increased by $100,000 each fiscal year from General Fund year-end net operations until a $1,000,000 reserve cap is reached. Use of the reserve requires an analysis be prepared and presented to Council for approval, or in the event of a landslide requiring immediate emergency work, the Public Works Director may direct use of up to 10% of the reserve to make emergency repairs and mitigate further damage until Council takes action. Reserve funding is to be used for emergency work which exceeds operational funding provided for in the Operations Budget. Upon use, refunding of the reserve shall again resume at be provided from year-end net operations in the amount of $100,000 each fiscal year until the $1,000,000 reserve cap is reached. Facility Replacement Reserve The Facility Replacement Reserve is established to accrue funding for the major rehabilitation or replacement of City Facilities (Bbuildings/structures). Eligible uses of this reserve to finance the construction of critical City facilities include both direct funding of public facility improvements, and the servicing of related debt. Small facility building replacements, major facility renovations, and down payment contributions toward a large facility replacement in conjunction with bond measure funding are examples of intended Facility Replacement Reserve uses. An initial contribution of $300,000 was established in FY 2012/13 with Council’s recommendation to continue funding at this level, as a priority use of year-end net operations fundingavailable. Effective FY 2016/17, Council’s direction is to increase the annual year-end contribution amount to $500,000, as funding is available. Council has set a goal to fund the Facility Replacement Reserve to a level equal to 1/3 of the City’s insured value over the next 20 years (by FY 2036/37) as a fiscally responsible practice to maintain city infrastructure In principle, Saratoga does not pursue bond money to fund capital improvements, however, replacing high cost facility infrastructure requires a long-term funding plan that may or may not be attainable through annual contributions. Therefore, the Facility Replacement Reserve demonstrates both the City’s good faith funding effort and financial stewardship for future bond measures if needed, as well as accumulating funding for a down payment on replacement infrastructure to minimize bond funding needs. A facility’s insured value represents the initial cost of the facility decreased each year over the 23 facility’s estimated lifespan. Therefore, insured value represents the remaining life of the facility’s purchase cost – it does not represent the current cost to replace a facility. The City recognizes that insured value is not sufficient to fund facility replacements, therefore annual contributions will continue as an ongoing funding obligation even after the 1/3 reserve goal is met. Changes in aAnnual contributions and ,the reserve goal amount, and utilization shall be determined by Council during the budget process, in line with changes in as the City’s economic situation changes. Utilization of the reserve shall be brought to Council for discussion and consideration as needed. Future Capital & Efficiency Projects Reserve Under the Assigned Fund Balance classification, the Reserve for Future Capital Improvement & Efficiency Projects shall reserve funding for as yet undefined capital and efficiency improvement projects. Reserve funding is derived from General Fund accumulated net operations (as available) and is therefore considered a “one-time funding source”. Funds are held in this reserve until Council reviews funding requests and approves a use or transfer to a capital project fund. Use of the reserve funding is at the Council’s discretion, but typically occurs in conjunction with the annual budget adoption after Council conducts a comprehensive review of capital and efficiency improvement needs. Reserve replenishment is dependent upon net operational savings in subsequent fiscal years. Carryforward Reserve Under the Assigned Fund Balance classification, the Reserve for Carryforwards represents funding held at the end of each fiscal year for critical unexpended operating budget appropriations to be purchased in the following fiscal year, and any remaining Council Contingency funding. The reserve is reconciled at the end of each fiscal year to both release prior year carryforward funding and reserve current year carryforward funding into the following budget year. Staff determines the year-end reserve amount after all fiscal year payments are finalized; the reserve amount is conceptually appropriated by Council each year in the budget adoption resolution. Working Capital Reserves In accordance with the City’s cautious and conservative fiscal philosophy, the City’s general prevailing financial policy holds that the City should fund daily operations with current resources in order to avoid use of short-term Tax Revenue Anticipation Notes (TRANs). To support this policy a Working Capital Reserve is established to meet cash flow requirements and prevent short-term borrowing, which in turn ensures the continuance of services to the public while also maintaining the City’s credit worthiness. To provide adequate working capital in the case of extreme circumstances , the City shall maintain, in conjunction with the Fiscal Stabilization Reserve, a minimum operational reserve of 60 days of the following year’s General Fund budgeted expenditures net of internal service charges and transfers out, and up to a maximum operational reserve amount equal to 90 days of the following year's General Fund budgeted expenditures, net of internal service charges and transfers out. This reserve falls under the Unassigned Fund Balance classification. Effective July 1, 2016, the A Working Capital Reserve of $2,000,000 shall be reduced to 24 $1,000,000, in was established conjunction with increasing the Fiscal Stabilization Reserve by $1,000,000. For the City of Saratoga, a Working Capital Reserve of $1,000,000 is more than sufficient for cash flow needs. With the $1,000,000 flowing into the Fiscal Stabilization Reserve, the overall 60 day General Fund operational reserve minimum requirements shall continue to be met. in April 1994. Effective June 30, 2000, interest earnings accrue to the reserve at the end of each fiscal year based on the annual LAIF rate, for the purpose of increasing the reserve balance amount in proportion to Operating Budget increases. In 2014, accumulated interest earnings of $930,184 were utilized to pay off a portion of the City’s Unfunded Accrued Liability, bringing the Working Capital Reserve back to the initial $2,000,000 funding level. As the Working Capital Reserve’s purpose is to ensure sufficient operating cash, there are no defined fund uses, repayment terms, or authorization requirements. The $1,000,000 Working Capital Reserve funding level will be assessed on an annual basis to ensure this funding level is sufficient for cash flow needs. Fiscal Stabilization Reserve Under the Unassigned Fund Balance classification, a Fiscal Stabilization Reserve of $1,500,000 was established to provide temporary financing for budget stabilization caused by fiscal downturns, unanticipated extraordinary expenditures related to a natural disaster or calamity, or from an unexpected liability or funding decrease created by a legislative action. Effective July 1, 2016, the Fiscal Stabilization Reserve funding level shall increase by the $1 million transfer from the Working Capital Reserve, up to $2,500,000. This funding shift provides a more accurate reserve funding purpose and utilization structure. Fiscal stabilization needs may occur from revenue declines (over one or more years) of more than 5% of either property tax, the combined total of other taxes, or General Fund revenues in total, or from unanticipated extraordinary operational increases of more than 5% such as from a natural disaster or unexpected Federal, State, County or CalPERS funding changes. Council may utilize funding at budget adoption, by adoption of a budget adjustment resolution during the course of the year, or after a Federal, State, or locally declared emergency. In the event a locally declared emergency takes place, the City Manager has the authority to spend funds until such time as the City Council takes action. Reserve appropriations are to be replenished from year-end net operations, as available, on a priority basis. The $2,500,000 Fiscal Stabilization Reserve funding level will be assessed on an annual basis to ensure this funding level is sufficient in light of operational reserves and utilization needs. Development Services Reserve Under the Unassigned Fund Balance classification, the Development Services Reserve provides fiscal stability for the Community Development Department’s planning and building programs. Development projects are often multi-year activities in which revenues may be collected in one year, while project expenditures may extend over several years. This reserve represents accumulated excess planning and building net operation funds from years when development revenues exceeded development expenditures. The reserve funds are subsequently utilized to offset excess planning and building program expenditures through annual budget appropriations in the years where revenues are not sufficient, thereby acting as an overall funding stabilizer for multi-year development activities. Use of reserve funding for operational support is restricted to 1/3 or the reserve balance in any given fiscal year, with Council approval. Budgeted use of the Development Reserve is to 25 be rescinded if and to the point where development revenues are sufficient to cover General Fund net operations at year-end. The reserve may also be utilized for other development related uses, such as for development software upgrades or special projects, per Council direction. Compensated Absences Reserve Under the Unassigned Fund Balance classification, the Compensated Absences Reserve is established to smooth expenditure fluctuations resulting from the payout of accrued leave to employees at service separation and distribution payouts. Initial reserve funding is to be established at $200,000, with a targeted goal of one-third of the compensated absences liability established at year-end. Reserve funding in excess of one-third of the liability is to be returned to the General Fund Other Unassigned Reserve. Use of the reserve occurs when total annual compensated absences payouts exceed budgeted salary funds. Large payouts decrease the compensated absences liability at year- end, thereby supporting the practice of utilizing the reserve as needed. The reserve may be replenished over a three year period. Year-end reconciling allocations to and from the reserve are approved though Council’s budget resolution adoption each fiscal year, with the liability and resulting reserve amounts determined as part of the year-end close process. Council Discretionary Reserve Under the Unassigned Fund Balance classification, the Council Discretionary Reserve represents unspent funds from the Council’s annual appropriation. The reserve provides a mechanism to roll forward remaining Council Discretionary Funds as reserve funds are immediately re-appropriated into the following fiscal year. This allows Council the flexibility to take advantage of unforeseen opportunities or needs without the restriction of fiscal year boundaries. Use of the reserve funding requires Council majority approval. The reserve exists at year-end only when there are remaining unspent Council Discretionary funds at the end of the fiscal year. Other Unassigned Reserve The ‘Other Unassigned Reserve’ represents accumulated net operations not yet allocated to other fund balance reserves, and by definition, fall into the Unassigned Fund Balance classification. In the General Fund, a baseline of $500,000 of accumulated net operations is to remain in the Other Unassigned Fund Balance Reserve at year end to provide a buffer for unanticipated operational shortfalls and unforeseen needs. Other fund’s accumulated net operations are typically accounted for in an undefined reserve account – typically just called fund balance reserve. As the other types of funds are structured for specific uses or commitments, their fund balance already has a directed purpose, whereas the General Fund is used for multiple operational purposes thereby requiring a distinction of purpose for each reserve. Council may utilize reserve funding at budget adoption or by adoption of a budget adjustment resolution during the course of the year. Reserve funding is replenished from year-end net operations, as availabl SPECIAL REVENUE FUND – FUND BALANCE RESERVE POLICIES Landscape & Lighting Assessment District Funds 26 Assessment District Funds are Special Revenue Funds, which is a type of governmental fund. As a governmental fund, the Landscape and Lighting Assessment District Funds comply with GASB 54 fund balance classifications, and by nature of the fund’s purpose, fund balance reserves are classified as restricted reserves. Special Revenue Funds account for and report the proceeds of specific revenue sources that are restricted or committed to specified purposes (other than for debt service or capital projects.) For the City, Landscape & Lighting District Special Revenue Funds were established to account for each individual assessment district; thereby each fund has its own separate fund balance reserve. Each district’s fund balance reserve should be sufficient to provide working capital to cover operational expenses through the first half of assessment receipts in January, therefore equitable to approximately one-half of a district’s annual expenditure budget. The second half of receipts are received in June. Some districts may include capital improvement projects in addition to ongoing regular maintenance resulting in fund balance increasing over the years to accumulate sufficient resources for the improvement projects. As each district’s situation is different, a district’s maximum fund balance shall be determined by the Public Works Director. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution throughout the year. The reserve is replenished from the Fund’s net operations in subsequent years. DEBT SERVICE FUND – FUND BALANCE RESERVE POLICIES Library General Obligation (GO) Bond Debt Fund The Library General Obligation (GO) Bond Debt Fund is a Debt Service Fund established to account for the financial resources accumulated for principal, interest, and cost of issuance expenditures associated with the Library Bond Debt. As Debt Service Funds are a governmental fund type, the fund reserves fall under the GASB 54 fund balance classifications. Debt Service Fund reserves are classified as Restricted as funding can only be spent for specific purposes as stipulated by the bond covenants. The Library GO Bond Debt Fund was established to ensure receipts are tracked separately, and funding is available for the GO Bond debt service requirements. At a minimum, the year- end fund balance reserve shall be sufficient to provide working capital to cover the semi- annual principal and interest debt payment due on August 1 st as GO Bond tax receipts are received after the 1st debt payment is due. December receipts provide for the February payment. As bond assessments are collected as a percentage of property values, reserves should provide sufficient funding to compensate for tax fluctuations. The fund’s reserve maximum should be no more than one-year of budgeted annual expenditures. The reserve balance is increased (or reduced) through establishing assessment rates at more (or less) than the semi-annual payments and bond services require. Therefore, replenishment (or use) of the reserve is approved by Council through budget adoption and implemented through an increased (or reduced) assessment rate as a result of the fund’s net operations. CAPITAL IMPROVEMENT PROJECT FUNDS – FUND BALANCE RESERVE POLICIES Overview 27 Capital Improvement Project (CIP) Funds account for the acquisition and maintenance of major capital assets other than those financed through special assessments or enterprise funds. Capital Project Funds are a type of governmental fund and therefore comply with GASB 54 fund balance classifications. As Council directs appropriated funding be spent for specific improvement projects, the Capital Project Fund Balance Reserves are classified as Committed Fund Balance. Budgeted capital improvement project funding is determined by the scope of work approved by Council, and remains assigned for that use until completed or reassigned by Council. Fund Balance amounts represent the total remaining funds in the individual projects at year- end. As Fund Balance amounts are determined by the point of project completion at year-end they cannot be standardized for minimum or maximum amounts. Fund Balance is re- appropriated to the capital project in the following fiscal year for the work to be completed. Street Improvement Projects Funds Street Improvement Project Funds provide for a safe and functional roadway and pedestrian street system. Each Street Improvement Fund (CIP Street Fund, CIP Grant Fund, and Gas Tax Fund) has multiple projects which roll up into the overall fund balances, but remain designated for use by project. The CIP Street Fund receives annual funding from fees, reimbursements, contributions, and transfers from other funds. The CIP Grant Fund receives federal, state, and local grants which vary in source and amount from year-to-year. On occasion, a private grant may be received. Typically, CIP Grant Funds have a negative fund balance as project work is conducted before reimbursement is received. Gas Tax Funds represent annual Highway User Tax and Transportation Congestion Relief revenue allocations that are to be accounted for separately and are subject to State audits. Year end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance) which are subsequently re-appropriated by Council into the following budget year through budget adoption. Park & Trail Improvement Project Funds Park & Trail Improvement Project Funds provide for capital improvements to the City’s neighborhood and city parks and plaza, the sport fields, bike and pedestrian trails, and open space areas throughout the City. Each of the Park & Trail Improvement Funds (CIP Park & Trail Fund, CIP Tree Fund, and the CIP Park & Trail Grant Fund) have multiple projects which roll up into the overall fund balances, but remain designated for use by project. The CIP Park & Trail Fund receives annual funding from subventions, occasional Park-in-Lieu fees, reimbursements and contributions, and transfers in from other funds. The Tree Fund receives revenue from tree fines and transfers from other funds upon Council direction. The CIP Grant Fund receives federal, state, local and occasional private grants which vary in source and amount from year-to-year. Typically, CIP Grant Funds have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance) which are subsequently re-appropriated by Council into the following budget year through budget adoption. Facility Improvement Project Funds 28 Facility Improvement Project Funds provide for capital maintenance and improvements of the City-owned buildings and structures throughout the City. Each of the Facility Improvement Funds (CIP Facilities Fund and the Facility Grant Fund) have multiple projects which roll up into the overall fund balances, but remain designated for use by project. The CIP Facilities Fund receives annual funding from a General Fund transfer, from Theater Ticket Surcharge Fees, and from reimbursements and contributions. The Facility Grant Fund receives revenue from grants that vary in amount from year-to-year. Typically, CIP Grant Funds have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance) which are subsequently re-appropriated by Council into the following budget year through budget adoption. Administrative & Technology Improvement Funds Administrative & Technology Improvement Project Funds provide for major capital expenditures to improve or enhance administrative, technology, and operational systems, processes, or functions. Each of the Administrative & Technology Improvement Funds (CIP Admin & Tech Improvement Fund and the Admin & Tech Grant Fund) have multiple projects which roll up into the overall fund balances, but remain designated for use by individual project. The CIP Administrative & Technology Improvement Fund typically receives funding from a General Fund transfer as administrative and technology improvement focused grants are limited. If grants are received, projects typically have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance) which are subsequently re-appropriated by Council into the following budget year through budget adoption. INTERNAL SERVICE FUNDS – FUND BALANCE RESERVE POLICIES Overview Internal Service Funds are established to provide centralized cost centers for shared expenses and services in order to efficiently track costs and manage resources. Costs are then allocated back to the operational programs based on usage to more accurately determine cost of services. The City’s Internal Service Funds include the two Insurance funds: Risk Management and Workers Compensation, four Service/Support funds: Office Support, IT Services, Vehicle & Equipment Maintenance, and Building Maintenance Funds, and three Equipment Replacement funds: the Vehicle & Equipment Replacement Fund, the Office Technology Equipment Replacement Fund, and the Building FF&E (Furniture, Fixture, & Equipment) Replacement Fund. As each fund is accounted for as a separate entity, operational revenues less expenditures result in either a positive or negative fund balance at any given point in time – Internal Service Funds are similar to the separate checking and saving accounts a person may use for 29 different purposes. At year end, each fund’s net balance is represented as the “Fund Balance Reserve”. The intent of the Internal Service Funds Reserves is to hold appropriate levels of reserves to support cash flow needs and minimize interfund loans, not to accumulate funds in excess of expected ongoing operational costs. Reserve levels are determined by the specific operational needs of the program, but typically will fall within 25 – 50% of annual budgeted expenditures. Internal Service Funds are a type of Proprietary Fund; therefore GASB 54 fund balance classification (for Governmental Fund types) does not apply. Instead, Internal Service Fund’s financial statement reports are presented similar to private-sector businesses and use “Restricted” and “Unrestricted Net Position” to define net operational balances (equity/fund balance reserves). Unrestricted Net Position allows reserve funding to be used (with Council approval) within the general scope of the fund’s purpose. Restricted Net Position reserves are limited to a specific use, narrower than the stated purpose of the fund. For example, grant funding provided for a defined use, as in remaining funds from a Risk Management Training Grant within the Liability/Risk Management Fund, must be used for qualified training purposes. Most Internal Service Funds reserves are held in the Unrestricted Net Position category. Liability /Risk Management Reserve Fund The Liability/Risk Management Fund’s Unrestricted Net Position reserve supports cash flow needs and minimizes interfund loans. Appropriate levels are maintained through service chargebacks to the programs, based on operational risk factors. Most claims are covered under the insurance risk pool JPA, the City is self-insured for up to $25,000 per General Liability and City Vehicle Auto Liability occurrence, and up to $5,000 for Property Damage and 3rd Party Auto Liability. Non-covered claims are paid fully by the City. The Liability/Risk Management program receives funding from allocations charged to covered departments, from grant funding, and from claim reimbursements. At year end, unspent funding flows into Unrestricted Net Position or Restricted Net Position for specific purposes. Requests for use of reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Workers Compensation Fund The Workers Compensation Fund’s Unrestricted Net Position reserve supports cash flow needs and minimizes interfund loans. Appropriate levels are maintained through service chargebacks to the programs, based on operational risk factors. The purpose of the Workers' Compensation program is to provide insurance benefit coverage for employee work-related illness and/or injuries through its membership in a shared risk pool. The risk pool provides coverage up to $250,000, and excess insurance provides coverage over this amount up to $10 million. The Workers Compensation program receives funding from allocations charged to covered departments, from grant funding, and from claim reimbursements. At year end, unspent funding flows into Unrestricted Net Position, or Restricted Net Position for grant funding. Requests for use of the reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Office Support Fund 30 The Office Support program provides a centralized cost center for administrative office support expenses, including photocopy machine leases, postage machines, shared office machines, and the associated maintenance and repair services, postage, paper, and copier supplies. For efficiency, office support costs are managed collectively and charged back to departmental programs on a use-basis allocation. Accumulated net operations are held in the Office Support Fund for working capital cash flow. The reserve is funded from the allocations charged to covered departments. At year end, unspent funding flows into Unrestricted Net Position. Requests for use of excess reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Information Technology Services Fund Information Technology Services provide for the delivery of technology based services throughout the City’s operations, including maintenance of the City’s information systems and infrastructure, program implementation, streaming video, internet, landline, and wireless communications systems, cloud based technology, and support of all existing information technology as well as new technology initiatives. For efficiency, information technology costs are managed collectively and charged back to departmental programs on a service-based allocation to fund the program. Funding for the program comes from these allocations charged to covered departments. At year end, unspent funding flows into Unrestricted Net Position. Accumulated net operations are held in the Information Technology Services Fund for working capital cash flow. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Vehicle & Equipment Maintenance Fund The Vehicle & Equipment Maintenance program provides for the fuel, maintenance, and servicing of the City’s fleet and major equipment to ensure all vehicles and equipment comply with manufacturer’s recommendations and safety requirements. To fund the program, vehicle & equipment replacement costs are charged back to the departmental programs based on assigned usage. Accumulated net operations are held in the Vehicle & Equipment Maintenance Fund for working capital cash flow. At year end, unspent funding flows into Unrestricted Net Position. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Building Maintenance Fund The Building Maintenance program provides for the custodial, maintenance, and non-major repairs and building improvement services for all facilities at the Civic Center, Prospect Center, and Museum Park. Additionally, the program supports the maintenance and repair needs for the tenants of City leased buildings as defined in the lease agreements. To fund the program, total costs are allocated back to departmental programs primarily based on building space usage. General and public use is allocated to the Non-Departmental program. Accumulated net operations are held in the Building Maintenance Fund for working capital cash flow. Funding comes from the allocations charged to covered departments. At year 31 end, unspent funding flows into Unrestricted Net Position. Requests for use of the reserve are approved by Council through budget adoption or by establishing chargeback funding levels higher or lower than budgeted expenditures. The reserve is replenished from the Fund’s net operations in subsequent years. Vehicle & Equipment Replacement Reserve The Vehicle and Equipment Replacement Fund Balance Reserve accounts for accumulated funding over an asset’s lifespan, to be used for the replacement of the vehicle or equipment at the end of its useful life. Initial purchases are paid for through a department’s operational budget. If the purchased item is for ongoing use, the Vehicle & Equipment Replacement program appropriates an annual allocation for the replacement of the vehicles and equipment based on the asset’s cost and years of life. Final determination for replacement of the asset is determined through an analysis of whether the cost of maintenance equals or exceeds the cost of replacing the asset. The reserve is funded from allocations charged to covered departments and represents accumulated funding, less amounts expended for asset replacement. At year end, unspent funding is held in Unrestricted Net Position. The reserve is to be maintained at a level sufficient to provide replacement funding of vehicles and equipment in accordance with replacement schedules. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution throughout the year. The reserve is replenished from the Fund’s net operations in subsequent years. Office Technology Equipment Replacement Fund The Office Technology Equipment Replacement Fund accounts for accumulated funding over an asset’s lifespan to be used for the replacement of office technology based equipment such as desktop computers and monitors, laptops and tablets, network infrastructure, and various other related equipment. Replacement costs are charged back to the departments based on assigned equipment costs. Initial purchases are paid for through a department’s operational budget. If the purchased item is for ongoing use, the Office Equipment Replacement program appropriates an annual allocation for the replacement of the equipment based on the asset’s cost and years of life. The reserve represents accumulated funding, less amounts expended for replacements. The reserve shall be funded to provide replacement funding in accordance with replacement schedules. Funding for the reserve comes from the allocations charged to covered departments. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund’s net operations in subsequent years. Facility Furniture, Fixtures & Equipment (FFE) Replacement Fund The Facility FF&E Fund accumulates funding over an asset’s lifespan to be used for the replacement of furniture – such as tables, chairs, and cubicle partitions; for fixtures - such as kitchen appliances, sound equipment, lighting, for equipment - such as HVAC units, boilers, and generators; and for facility infrastructure – such as roof, door, window, and floor/carpeting replacement. Initial purchases for new assets may be paid for through the Operating Budget or through the Capital Budget. Annual replacement charges are charged-back to the supported department programs with full replacement funding to be accumulated over the asset’s estimated lifetime. 32 Final determination for replacement of the asset is determined through an analysis of whether the cost of maintenance equals or exceeds the cost of replacing the asset. The reserve is intended to be maintained at a level sufficient to provide replacement funding in accordance with replacement schedules. Requests for use of the accumulated reserve funding are approved by Council through budget adoption, or if an unplanned situation occurs, by a Council approved budget adjustment resolution during the fiscal year. The reserve is replenished by replacement charge allocations in subsequent years. 33 CIP PROJECT PROCESS POLICY This procedural policy defines how a project moves through the CIP Budget Funding process: from the initial project idea, through project development, nomination, and project approval process, and if successful, into the Capital Budget as a funded project. The CIP project development stage of the policy takes different tracks, depending upon whether the project idea is staff driven or Council nominated. These two paths are discussed separately below, until the tracks converge for CIP project assessment preparation. STAFF PROJECT DEVELOPMENT 1.CIP Project Initiation As a function of staff’s day-to-day work, infrastructure improvements and large-scale repairs and maintenance are identified as potential capital improvement projects. These are often highly-visible tangible public assets such as street repaving, or park and trail improvements. However, many CIP projects are less noticeable, including facility roof repairs, tree planting, or ADA enhancements. Projects may also be administrative or technology improvements, and hence invisible to the general public, such as code updates/revisions, process improvements, software implementations, or economic vitality programs. Staff is to discuss the CIP project idea with the appropriate staff or City Manager for feedback and refinement. Ultimately, projects need clearly defined boundaries to identify project requirements, specifications, and resources. While this is not always feasible in the initial stages of project development, the understanding that a project will eventually require a clear and specific scope will encourage better preparation for discussing the project idea and moving it through the nomination process. After receiving initial approval, staff moves into the idea development stage. 2.Idea Development To move the idea forward, staff will need to analyze and articulate the project’s scope, political impacts, priority factors, resource requirements, and any other relevant considerations. a.Project Scope – Scope may include the description, project size and location parameters, project purpose, and goals or deliverables, such as products, services or results. Project justifications and assumptions should support the project’s purpose and definition, and may include cost-benefit analysis, risk assessments, funding availability, or even community desirability factors. The scope should clearly state if a project is to be funded and/or completed in phases rather than as a singular body of work. If the project is ongoing infrastructure maintenance or a program project, this too should also be clearly noted. In some cases, project scope may be defined by exclusions – statements about what the project will not accomplish or produce. Additionally, constraints or restrictions may identify project limitations. Project Scope defines a commitment to produce a body of work or end-product with the resources provided under the stated assumptions. The written scope helps to manage expectations and provide clarity to the involved parties, reduce confusion and failure, prevent scope creep, and provide transparency to the community. b.Political Considerations - Knowledge of historical information, which attests to the necessity of Council/staff communication is of vital importance in project development. Determine whether this project has come up for consideration before, or why was it not completed previously. Are there lessons to be learned from a past project proposal? 34 Another consideration includes knowing whether a project might be controversial. Is there a segment of the community strongly opposed to, or strongly supportive of this specific project? Will this project prompt demand for further funding or resources? Have similar projects been completed in another part of the city? Determine why this project should be considered a priority over others, and whether the project’s cost or benefits would be supported by the community. c.Priority Factors - Project priority is an important consideration in the CIP approval decision factor. Council’s role is to determine which projects are of higher priority than others since there will never be enough money or resources to do every project. Decision criteria may include factors such as: •Health and Safety Issues •Imminent failure of structure/system •Short-term cost of repair vs. long-term cost of replacement •Availability of external or dedicated funding •Federal or State mandates •Business or community support •Impacts if project is not completed A project’s priority is also affected by the severity of the criteria. For instance, a project that falls under the “Imminent Failure of Structure/System” criteria may be an extremely dangerous situation in need of immediate repair, or low danger of minor importance and simply remedied by removal. Another example would occur with Federal or State mandated projects. There may be little impact as to whether the mandate is met, or there may be severe fines for lack of timely completion. As a result, project priority is based on the overall assessment of the circumstances; many factors contribute to priority decisions and Council cannot rely upon a clear hierarchical order upon which to base their decisions. d.Project Resources - In the City’s project development discussions, resources typically refer to financial funding. However, resources may also refer to staff time, equipment and materials, community/stakeholder participation or support, space requirements, information technology services, or some other type of support or contribution. Funding plays a critical role in project development. In many cases, lower priority projects may be approved ahead of higher priority projects simply because there is designated funding available for the lower priority projects. The ability to bring designated funding (such as a grant award) with a project proposal greatly increases the likelihood that the proposed project is approved. Overall, projects that request undesignated Capital Project Reserve funding are more competitive due to funding limitations and the number of projects competing for the same pot of funds. An additional component of project resource considerations are the unstated resources (identified above) required in project construction or implementation. For instance, staff time is limited and time spent working on one project prevents staff time being spent on another project. Project timing and staff time requirements are therefore an important component of the project that Council may wish to review. e.Other Considerations - There are numerous other factors not mentioned above that are also taken into consideration when assessing a project idea. For example, can the City afford the ongoing operating budget increases to maintain or implement the project? Does the project contribute toward economic vitality? Are there environmental concerns? Does it enhance the community’s art, education, or cultural resources? Does the project provide operational efficiencies or cost savings? Are there risk management or legal liability issues? Does this project require development be staged in phases? Is there strong community interest in this project? Each project will differ, meaning analysis is specific to the circumstances, and diligent research and thought should be put into developing project scope and justification. In summary, the overall goal of idea development is to identify, quantify, and assess the project comprehensively. This effort is intended to ensure that a proposed project is well-thought-out, developed, and articulated thereby enabling the City Manager and Council to make educated and rational decisions.35 1.City Manager Approval Staff is to propose the project idea to the City Manager for approval. If approved, the project is moved onto the CIP Project Candidate List. Staff is to notify the Administrative Services Director of the project’s approval and provide pertinent project information. Staff will prepare written narratives with project scope, justification, fiscal impacts, cost estimates, timelines, etc. as necessary for Council Retreat assessment package. City Council Project Development Council Members are often the recipients of residents’ suggestions for capital project work. Depending on the topic, Council Members can take these opportunities to: 1) educate the residents on why a project may not be feasible; or 2) provide residents with information on how to contact City staff with their requests to determine feasibility; or 3) Council may support the project suggestion and decide to act as a proponent for the project by guiding it through the Capital Project Nomination process: 1.Nomination - To move a project idea onto the CIP Candidate List, a Council Member is to propose the idea to fellow Council Members at the end of a City Council Meeting during the Council Items session and request that it be put on the CIP Candidate List for review during the next upcoming CIP budget cycle. 2.Idea Concurrence - A second Council Member must concur with the request to move the project idea onto the Capital Project Candidate List. 3.Follow-up - A nomination to the Capital Project Candidate List is to be recorded in the City Council minutes, and acted upon as a follow-up item for staff to complete Candidate List step requirements. Staff will prepare written narratives with project scope, justification, fiscal impacts, cost estimates, timelines, etc. as necessary for Council Retreat assessment package. CIP Project Assessment 1.Assessment Package In preparation for the annual Capital Project Assessment, Finance will consolidate the CIP Project Candidates, along with proposed changes to current CIP projects, and the current year’s CIP Unfunded Project List into an assessment package for Council’s review. The Capital Project Assessment review provides a forum to assess all projects at one time. These assessment package will include: A review of available funding Existing projects in the current year’s CIP Proposed changes to existing projects The current CIP Unfunded List Proposed changes to projects on the CIP Unfunded List New projects on the CIP Candidate List Review of requests in conjunction with funding sources 2.Council Retreat The Capital Project Assessment is to be held annually, prior to the start of the budget development cycle, typically at the Council Retreat Meeting that occurs in late January or early February. During the assessment review, Council will review available funding and all project requests. 36 In their review, Council may request revisions to a project’s scope, funding, or other component. However, changes that redefine a proposed project must be Council’s consensus direction. As projects are assessed, they are either: Rejected Accepted, or Modified and Accepted At the conclusion of the assessment review, Council will prioritize accepted projects and designate project funding. Projects placed on the Funded List will be brought forward to the upcoming Budget Study Session. The remainder will be placed on the CIP Unfunded Project List. NOTE: Rejected project ideas may be nominated for another attempt to become an approved project in the following year(s), but must again go through the project development and assessment process. 3.Budget Study Session Updated CIP funding availability and project revisions will be reviewed a final time with Council. Council will conduct a final assessment and provide consensus direction to staff for inclusion in the upcoming Proposed Budget Hearing to be held in May. CIP Project Funding 1.Proposed Budget Hearing The final Proposed Capital Budget with the recommended project funding will be brought to the City Council Budget Public Hearing in May for final review. New funded projects will be presented, along with summary level budget information. Council is to provide any final comments or direction for budget adoption. 2.Budget Adoption The Operating and Capital Budgets are brought to Council in June with all final direction incorporated into the final summaries. Council is to adopt the budget at this time, with budget funding effective on July 1 st of that year. Funding Process Follow-up •Approved CIP projects that do not receive funding allocations will be assigned to the next budget year’s CIP Unfunded List. The list will be included in the budget document, and assessed again during the following year’s Capital Project Nomination and Assessment Process. •The new CIP Unfunded List has a life span of one budget cycle. 37 38 FY 2015/16 FY 2015/16 Additional Revenues Budget Estimates Revenue Property Tax 10,475,350 11,024,509 549,159 Sales Tax 1,060,000 1,280,000 220,000 Other Taxes 3,071,638 3,126,638 55,000 Fees, Licenses & Permits 1,465,900 1,387,993 (77,907) Charges for Services 1,845,234 1,937,511 92,277 Other Revenues & Transfers In 1,256,504 1,375,855 119,351 Total Revenues 19,174,626 20,132,506 957,880 FY 2015/16 FY 2015/16 Expenditure Expenditures Budget Estimates Savings Salary & Benefits 7,514,983 7,392,700 122,283 Operational Expenditures & Transfers Out 13,161,880 13,047,749 114,131 Total Expenditures 20,676,863 20,440,449 236,414 Budget - Transactional Net Operations (1,502,237) (307,943) Plus: Budgeted Use of Reserves Environmental Reserve 50,000 50,000 Carryforward Reserve 176,560 176,560 Capital Improvement & Efficiency Reserve 1,777,896 1,777,896 Development Services Reserve 60,000 60,000 Less: Reserve repayment Fiscal Stabilization Reserve (250,000) (250,000) Total Net Operations (Sources & Uses)312,219 1,506,513 GENERAL FUND FY 2015/16 Budget & Fiscal Estimates YE Estimated - Transactional Net Operations 39 SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:James Lindsay, City Manager SUBJECT:City Council Priorities for FY 2017/2016 RECOMMENDED ACTION: Direct staff accordingly. BACKGROUND: This item has been placed on the City Council Retreat agenda to provide the Council with an opportunity to brainstorm priorities and work efforts for Fiscal Year 2016/17. 40 SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:Finance & Administrative Services PREPARED BY:Anthony McFarlane, Finance Manager SUBJECT:Finance Review: Proposed FY 2016/17 Capital Improvement Plan (CIP) Projects RECOMMENDED ACTION: Review and provide direction on development of FY 2016/17 Capital Budget Projects. ATTACHMENTS: Capital Improvement Plan schedules and capital project worksheets will be provided to Council in the Council Retreat Binder on January 28, 2016. 41 SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Brian Babcock, Administrative Analyst I SUBJECT:Communications Progress Report RECOMMENDED ACTION: Receive report and direct staff accordingly. BACKGROUND: In August 2015, the City Council directed staff to present a progress report on the City’s communication efforts at the 2016 Council Retreat. The progress report (Attachment A) details the progress City staff has made toward the 14 action steps Tripepi Smith outlined in its Saratoga Communications Assessment, which was completed in July 2015. Communications Assessment The City Council expressed its desire during the January 2015 Council Retreat to broaden Saratoga’s citizen engagement and communications efforts. Staff followed up by entering into a contract with Tripepi Smith and Associates in April 2015 to conduct a communications assessment with the purpose of reviewing the City’s communication efforts and receive feedback on where the City could improve. As part of the assessment, Tripepi Smith held interviews with City Council Members, Commissioners, City Staff, residents, and local organizations. Tripepi Smith also reviewed data in relation to the City’s website, social media pages, and more traditional forms of communication, such as the Median Banner Program, Saratoga Recreation Guide, and The Saratogan. Tripepi Smith’s Communication Assessment stated that the City shows a “strong foundation for communications” with room for improvement. As such, the report outlined 14 action steps with 69 recommendations to help strengthen the City’s communication efforts. Progress to Date Implementing the 69 recommendations will be an ongoing effort. However, staff has made progress on many of the action steps outlined in the Communications Assessment, which are outlined in the attached progress report. Some of the significant achievements are noted below. 42 Assign a Staff Member to Focus on Communications One of the most significant steps has been to continue assigning the Administrative Analyst in the City Manager’s Office (Brian Babcock) to be the center of communication efforts, such as working closely with Directors and project managers at the inception of projects and initiatives to ensure that a communications strategy is created and implemented to inform and educate the public. This has worked well for recent projects, including the Community Development Department’s Village Specific Plan Update and the Public Works Department’s storm preparedness efforts. Having an assigned staff member to oversee communications goes along with the changing landscape of local government communication efforts. Due mostly to technological advances, residents now expect clear, brief, and immediate responses to their questions and information requests. Local governments have had to become proactive instead of reactive when it comes to sharing information with the public. For example, the Santa Clara County Fire Department recently created a public information officer (PIO) position, which it historically never had, and the City of Campbell has also created a social media specialist position. Website Design On Tuesday, January 19, the City released a Request for Proposals (RFP) for a website redesign. Twenty companies have expressed interest in working with the City on a redesign that would, among other things, make the site mobile-friendly and create a simpler and cleaner design to allow residents to easily access information and documents. The City expects to award a contract for the website redesign in April 2016. Council Videos City Council Members and City staff have worked closely together throughout the past three years to create informational videos. These video projects have centered mostly on Public Works projects, public service announcements, and State of the City addresses. Recently, Council Members have shown a strong interest in creating more videos in Fiscal Year 2016/17. Due to limited staff time, staff believes it can complete up to five videos this next fiscal year. Each Council Member would be given the opportunity to do one in-house. If the Council chooses to do more than one per member, then staff recommends contracting with an outside vendor, such as KSAR or University Productions (which created the Quarry Park video). University Productions has given a cost of $750 per video. However, the cost would drop if the City contracted with them for multiple videos. Staff has contacted KSAR for a price quote and will have that information available at the Council Retreat. Currently, there is no funding allocated in the City budget for video production. Communications Presentation Staff will provide the Council with a presentation on the City’s recent communications effort, which will discuss the information provided in the attached progress report. ATTACHMENTS: Attachment A: Communications Progress Report 2 43 Communications Progress Report – February 5, 2016 Communication Action Step Progress to Date 1.Continue Assigning a Staff Member to Focus on Communications The Administrative Analyst in the City Manager’s Office continues to be the center of the Saratoga’s communication efforts. The Analyst has partnered with staff from different City departments, local organizations, and residents to inform the community about important information, news, and events. 2.Create a 12-Month Content Calendar for the City’s Communication Target date of completion is May 2016. 3.Change the Distribution for The Saratogan In 2015, the City began exploring the distribution methods proposed in the Communications Assessment and staff is continuing to determine which distribution methods result in the highest readership for the City’s newsletter. There is a growing segment of Saratoga’s population that desires electronic communication. This can be seen in the growing email correspondences between City staff and residents, and the steady increase in followers on the City’s social media sites. 4.Focus on Physical Assets as a Key Tool for Communication The City’s Median Banner Program has proven to be a valuable tool in communicating information with the public. The City has used the program to advertise events, and will be partnering with our Public Safety Agencies to communicate safety tips. 5.Expand Direct Electronic Communications with Residents City staff has expanded its use of electronic communications with the community. A couple of successful examples of this includes the use of Constant Contact to email The Saratogan to subscribers and the high rate of resident response to the Peak Democracy survey pertaining to the Village Specific Plan Update. Staff will continue to find new ways to use the growing electronic communication landscape to survey residents and provide information to the public. 6.Promote City Communication Platforms City staff has used paid “boosts” on Facebook to help spread the word about events, Commission vacancies, and more. Staff has 44 found this to be a relatively inexpensive and successful way of communicating, marketing, and promoting important information with the public. 7.Routinely Collect and Report on Metrics Related to Communications It is becoming routine for staff to review metrics related to Facebook, Constant Contact, short URLs, and, YouTube, Vimeo, and Google. 8.Revisit Website Design The website Request for Proposals (RFP) has been released. It is expected that the City will award a contract in April 2016. 9.Improve Website SEO Functionality Website SEO functionality will be one of the key deliverables requested in the website design RFP and improved SEO functionality will be introduced with the new website. 10.Coordinate with City Stakeholders and Partner Organizations City staff has been working closely with the Sheriff’s Office to regularly issue safety tips to the public through Nextdoor and The Saratogan. Staff has also met with the Fire Department and will begin working on joint messaging and coordinating communication. The Analyst will continue to work with community organizations to promote Saratoga events. 11.Develop Relationships with Regional Media This is an ongoing effort, which is expected to start at the beginning of the new fiscal year. 12.Develop a Marketing Plan for Recreation Programming A marketing calendar is planned to be completed by April 2016. 13.Improve KSAR’s Deliverables & Strategic Role KSAR spent a little more than $100,000 of PEG funding (for capital projects) to replace all of its outdated equipment in its booth in the Civic Theater. Contract talks will begin within the next couple of months as KSAR’s contract with the City expires on June 30, 2016. 14.Develop a Crisis Communications Plan A Crisis Communications Plan was completed this fall by MTEP participant Cheryl Parkman. The plan is a living document, meaning that it will be regularly updated to reflect changes to information or communication strategies. 45 SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:City Attorney’s Office PREPARED BY:Richard Taylor, City Attorney SUBJECT:Legislative and Other Statewide Policies Update RECOMMENDED ACTION: Direct staff accordingly. BACKGROUND: Each year the State legislature adopts legislation affecting cities. Similarly, State regulatory agencies adopt policies that affect City operations and in some cases statewide voter initiatives and referenda can affect the City. Attached is a list of recent actions at the Statewide level that are expected to have some bearing on Saratoga. The list is divided into three parts: 1.State level actions that require specific actions on the part of the Council or City staff; 2.State level actions that touch on issues that have been the subject of ordinances or other significant discussion by the City Council; and 3.State level actions that will affect day-to-day City operations and/or Council member campaign related filing obligations. 46 Highlights of Legislative Action Affecting Saratoga in 2016 I.Measures Requiring City Action Legislation City Action Required AB 57 – Wireless Telecommunications Facilities This measure provides that a collocation or siting application for a wireless telecommunications facility is deemed approved if the city or county fails to approve or disapprove the application within the time periods specified by Federal Communications Commission regulations, all required public notices have been provided regarding the application, and the applicant has provided a notice to the city or county that the reasonable time period has lapsed. Staff expects to be able to implement this and FCC regulations imposing greater limits on local control at the administrative level. If code amendments are required they will be included in the annual code update. Medical Marijuana Regulation: AB 243, AB 266, SB 643 This package of bills provides for state regulation of medical marijuana. Of relevance to Saratoga, the bills allow local ordinances regulating medical marijuana dispensaries and cultivation (such as Saratoga’s rules in section 15-80.140 of the City Code) to remain in effect. The laws require a state license and a local license or permit for medical marijuana cultivation, manufacturing, testing, dispensaries, distribution, and transport. Accordingly, if a city’s zoning code prohibits any of these activities, the city does not need to issue the local permit. The state will not issue a permit without evidence of a local permit. Cities that wish to ban medical marijuana delivery services within their jurisdictions should have a delivery ban in place before the state begins issuing distribution licenses (currently expected in 2018). No immediate action required. If the City wishes to ban delivery services it must do so before the State begins issuing licenses. This is not expected until 2018. The City could amend its code to conform the wording of the code to wording in the legislation. This could happen now or the City could wait until the state licensig rules have been proposed. There is a also the possibility that one or more statewide initiatives legalizing recreational use of marijuana will qualify for the ballot. (To date none of the measures proposed has qualified.) If a measure is adopted the City will need to ascertain the degree of local control allowed by the measure and what actions it wishes to take consistent with those limits. SB 272 – Enterprise System Disclosure This bill requires public agencies to develop a catalog of their “enterprise systems” and post on the agency website specific Staff is developing a list of the City’s enterprise systems and will include on the City’s website prior to the July 1, 2016 deadline. 2 47 information regarding each system. An enterprise system is one that a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses and that is both (i) a multidepartmental system or a system that contains information collected about the public and (ii) a system that serves as an original source of data within an agency. The bill exempts some security-related systems from the disclosure requirements. SB 379 – Safety Element Updates This measure requires that upon the next revision of a local hazard mitigation plan on or after January 1, 2017 cities and counties are to review and update the General Plan Safety Element to include a set of goals, policies, and objectives based on a vulnerability assessment, identifying the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, and specified information from federal, state, regional, and local agencies. Saratoga’s local hazard mitigation plan was adopted in 2012 and provides for a five year review consistent with federal law. Staff will comply with this requirement in connection with the next update to the local hazard mitigation plan currently planned for 2017. AB 1236 – Electric Vehicle Charging Stations This measure sets standards for electric vehicle charging stations and requires local government approval of the charging stations unless denying agency makes written findings that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the impact. The effective date is September 30, 2017 for cities and counties with a population of less than 200,000 residents. Staff will include provisions for compliance with these new requirements as part of this year’s annual code update. AB 2188 (2014) -- Solar Permitting This bill requires cities and counties to adopt systems for streamlined permitting and inspection of small residential rooftop solar energy systems. Staff already works with applicants to make review and inspection of rooftop solar as simple as possible on the administrative level. Staff will include code amendments to further streamline the process as part of the annual code updates. 48 AB 2355 (2014) -- Recycled Paving Materials This legislation from 2015 sets a January 1, 2017 deadline for cities to either adopt CalTrans guidelines for use of recycled paving materials or hold a public hearing to consider why the standards are not being adopted. Staff believes the standards are in the pubic interest and will be bringing this matter before the Council in the summer. Building Code Update The California Building Standards Commission will release the new California Building Code on July 1, 2016. Cities must adopt the code and approve any local exceptions to the Code by December 31, 2016. Staff will work with local building and fire officials to ascertain exceptions required for conditions in the Saratoga area and bring this matter forward in November. II.Measures Providing Policy Options for Council Consideration These measures do not require City action but touch upon policy areas that have been of interest to the Council in the past. The Council may wish to consider whether it wishes to adopt or amend local policies in response to these legislative actions. Legislation Policy Considerations AB 216 – E-Cigarettes This measure prohibits the sale of any device intended to deliver a non-nicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age. (Existing law already prohibits the sale to minors of devices to deliver nicotine products.) This measure exempts from its prohibition the sale of a drug or medical device that has been approved by the federal Food and Drug Administration. This measure is noted because the City Council has previously adopted ordinances regulating the sale of e- cigarettes AB 1164 – Drought Tolerant Landscaping This measure prohibits cities and counties from enacting or enforcing any ordinance or regulation that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property. The law allows reasonable restrictions on the type of drought tolerant landscaping, synthetic grass, or artificial turf that may be installed on This is noted because the City has previously considered ordinances regarding landscaping requirements. Staff will not enforce those ordinances in a manner that would violate this legislation. 4 49 residential property subject to certain restrictions. ACR 93 – Fire Sprinkler Ordinances This non-binding resolution states that built-in fire suppression systems can offset the negative impacts of excessive response times and encourages all municipalities to reexamine regulations surrounding mandatory fire suppression ordinances. This is noted because the City, on the advice of the local fire districts, has required built-in fire suppression systems. This matter will be before the City Council again this year in connection with the update to the Building Code. AB 169 –Open Data This bill provides that if a public agency posts information on its website with the designation “open data” the records posted must be in an open format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application. The City strives to make data available to the public on its website and will be making a number of historical records available via laserfiche later this year. This will not be characterized as “open data” because the precise meaning of that terms and the actions and technology required to comply with this legislation’s requirements for information designated as “open data” has not yet been refined. As more information and cost-effective compliance tools become available staff will consult Council on the extent to which it wishes to invest the resources necessary for an open data componet to the City website. Referendum on SB 270 (2014) - Plastic Bags SB 270 would have prohibited grocery stores and certain other establishments from providing disposable bags to their customers and instead allowed use of only reusable or recycled paper bags sold for a fee. The measure would have prohibited cities from adopting legislation addressing this subject matter. The legislation did not take effect due to qualification of a voter referendum for the November 2016 ballot. This means that local governments may still adopt their own regulations as they were permitted to do before adoption of SB 270. This development is noted because the City Council has previously considered the possibility of adopting regulations concerning disposable bags in Saratoga. III.Measures Affecting City/Council Operations 50 These measures do not directly affect City policy issues but are noted due their effect on City operations and on elected officials. AB 952 – Local Government Vacancies This bill establishes provisions related to filling an unexpected vacancy on the City Council. Cities retain the option to fill vacancies through a special election but if a vacancy is filled by appointment new rules apply. If the appointment is made during the first half of the vacant term of office and at least 130 days before the next general municipal election, the appointed member will hold the seat until the spot is filled at the next general municipal election and the person elected at that election will hold office for the balance of the term. If the appointment is made during the first half of the term but less than 130 days prior to the next general municipal election or if the appointment takes place during the second half of the term, the appointed member will fill the vacancy until the term expires. AB 990 – Political Reform Act Advertisement Disclosures Currently, the Political Reform Act requires that political advertisements disclose who paid for the advertisement. Groups acting independently in favor or opposition of a candidate must also disclose that the advertisement was not authorized by a candidate or a committee controlled by the candidate. Due to passage of this new law, disclosure statements must be printed in no less than 14-point bold, sans serif type font. Previously, the Political Reform Act required that the disclosure be printed in no less than 10-point type font in a conspicuous manner. AB 1100 – Ballot Initiatives Filing Fees Authored by Saratoga’s State Assembly Representative Evan Low, this law increases the filing fee for State ballot initiatives from $200 to $2,000. AB 594 – Political Reform Act Campaign Statements This bill makes a number of changes to existing campaign disclosure rules. One of the most significant changes is the change in the committee qualification threshold from $1,000 to $2,000. This means that candidate committees would be required to file a Form 410 to establish a committee and create a committee bank account when receiving $2,000 in contributions, instead of $1,000. The bill also clarifies reporting requirements for contributions and independent expenditures that are made on the date of the election. SB 21 – Political Reform Act Gifts of Travel This law amends the Political Reform Act in several ways, including changes that may impact the Form 700 filings of City Council Members, Commissioners, and other Saratoga Form 700 filers. The new law requires that a Form 700 filer who receives a gift of a travel payment to disclose the destination of the trip on the Form 700 (under Schedule E, Travel Reporting). AB 1544 – Reporting of Behested This bill clarifies the law regarding reporting of behested payments in FPPC filings. Existing law requires an elected officials to report a 6 51 Payments donation or other payment made at the behest of that officer, made principally for legislative, governmental, or charitable purposes, within 30 days following the date on which the payment or payments equal or exceed $5,000 in the aggregate from the same source in the same calendar year. This bill clarifies that payments made by state, local, and federal governmental agencies that are made principally for legislative or governmental purposes are NOT subject to the behested payment reporting requirements. AB 327 – Volunteers on Public Works Projects This measure extends the sunset date from January 1, 2017 to January 1, 2024 for current law which exempts volunteer work from Chapter 1 of the labor code as it relates to public works projects, including volunteer work performed by the California Conservation Corps (CCC) or by CCC certified Community Conservation Corps. 751302.3 52 SARATOGA CITY COUNCIL MEETING DATE:February 5, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Smoking Regulations RECOMMENDED ACTION: Direct staff accordingly. BACKGROUND: During the September 2, 2015 City Council Meeting, Council Member Bernald with the support of then Council Member Cappello, requested discussion of smoking regulations at the 2016 City Council Retreat. Consequently, this report provides a summary of past efforts and information about options to further regulate smoking, as well as improve the American Lung Association State of Tobacco Control grade for the City of Saratoga. Below is a timeline of the City of Saratoga’s recent actions related to tobacco and smoking. Date Summary of City Council Action October 2009 Adopted an ordinance requiring new tobacco retailers to obtain a conditional use permit to limit the density of tobacco retailers in a given area and proximity to schools and City parks. September 2010 Adopted “Smoke Free Recreational Areas” ordinance to prohibit use of tobacco products in City parks and recreational areas. June 2013 Adopted resolution in support of FDA regulation of menthol flavoring in cigarettes and flavored tobacco products. March 2015 Adopted an ordinance clarifying that use of an electronic smoking device is prohibited in City parks and recreational areas. June 2015 Adopted ordinance establishing a Tobacco Retailer License Program and strengthening tobacco controls. Retailers had until September 1, 2015 to obtain a license and all 6 of the City’s retailers have obtained a license. Additionally, the Santa Clara County Sheriff’s Office periodically conducts tobacco decoy operations at a random sample of Saratoga tobacco retailers to ensure that tobacco is not being sold to minors in Saratoga. In the operations conducted in April and December 2015, Saratoga businesses included in the operations were 100% compliant. 53 Despite these efforts, the American Lung Association has given Saratoga failing grades in the most recent annual report cards of California cities. However, the City’s recent institution of a tobacco retailer license program is expected to increase Saratoga’s grade for calendar year 2016 to a C. In anticipation of the City Council discussion of smoking regulations at the Council Retreat, staff has prepared a tentative plan (Attachment A) for strengthening smoking controls and improving the City of Saratoga’s American Lung Association Tobacco Control Grade. Should the City Council proceed with the tentative plan, it would allow the City of Saratoga to achieve an A grade in the 2018 American Lung Association State of Tobacco Control – assuming grading criteria remains consistent. The plan, as proposed, would focus on smokefree housing in 2016 with ordinances that prohibit smoking in 100% of common areas of all multifamily housing complexes and new and existing apartments. The City of San Jose, County of Santa Clara, San Mateo County, City of Berkeley, and City of Santa Monica have also adopted laws the prohibit smoking in all indoor and outdoor common areas of multifamily complexes. Additionally, several communities in California have instituted ordinances that prohibit smoking in some or all multifamily units, including apartments. Some of these communities include the County of Santa Clara, San Mateo County, Alameda County, and the City of Burlingame. In 2017, the plan suggests focusing on smokefree outdoor air with adoption of ordinances that would: -Limit smoking in outdoor dining areas to designated locations; -Prohibit smoking at certain types of public events; -Prohibit smoking within 15-19 feet of all entryways; -Prohibit smoking in some service areas (service areas include areas such as bus stops, ATM lines, and other areas where people wait for services); and -Prohibit smoking in some or all outdoor worksites. Additionally, the tentative plan proposes prohibiting sale of tobacco products in pharmacies in 2017. There are a number of communities in California that have adopted similar outdoor smoking regulations and restrictions on pharmacies, including those that are more restrictive than proposed. These cities and counties are shown in Attachment A. The attached plan is intended to provide the City Council with the opportunity to explore how the City could both strengthen smoking regulations and improve its State of Tobacco Control grade. The City Council may choose to direct staff to implement as much or as little of the plan as the Council sees fit or may direct staff to implement options not considered in the tentative plan provided by staff. ATTACHMENTS: Attachment A – Tentative Plan for Strengthening Smoking Controls 2 54 Tentative Plan for Strengthening City of Saratoga Smoking Controls Achieving an A Grade in the City of Saratoga’s 2018 American Lung Association State of Tobacco Control Grade Saratoga 2015 Grade F Implemented 2014 Saratoga 2016 Grade C Implemented 2015 Saratoga 2017 Grade B Implement 2016 Saratoga 2018 Grade A Implement 2017 Smokefree Outdoor Air Dining 0 0 0 2 Entryways 0 0 0 3 Public Events 0 0 0 2 Recreation Areas 4 4 4 4 Service Areas 0 0 0 2 Sidewalks 0 0 0 0 Worksites 0 0 0 1 Total Points 4 4 4 14 Grade (A 18+, B 13-17, C 8-12, D 3-7, F 0-2) D D D B Smokefree Housing Nonsmoking Apartments 0 0 4 4 Nonsmoking Condominiums 0 0 0 0 Nonsmoking Common Areas 0 0 4 4 Nonsmoking Housing Authority (N/A) N/A N/A N/A N/A Total Points 0 0 8 8 Grade (A 11+, B 8-10, C 5-7, D 2-4, F 0-1) F F B B Reducing Sales of Tobacco Products Tobacco Retailer Licensing 0 4 4 4 Total Points 0 4 4 4 Grade (A 4+, B 3, C 2, D 1, F 0) F A A A Emerging Issues Bonus Points Emerging Produces Definition - Secondhand Smoke 1 1 1 1 Emerging Products Definition - Licensing 1 1 1 1 Retailer Location Restrictions 0 0 0 0 Sampling of Tobacco Products 1 1 1 1 Sale of Tobacco Products in Pharmacies 0 0 0 1 Flavored Tobacco Products 0 0 0 0 Minimum Pack Size of Cigars 0 0 0 0 Total Points (Every 4 points = 1 point towards overall) 3 3 3 4 Total Overall Points (A 11-12, B 8-10, C 5-7, D 2-4, F 0-1) 1 5 8 11 Overall Grade F C B A 55 SMOKEFREE HOUSING – IMPLEMENT IN 2016, REFLECTED IN 2017 GRADE Nonsmoking Apartments: Smoking prohibited in 100% of new and existing apartments Adopted By: Santa Clara County, San Mateo County, Alameda County, Burlingame (8.18.055) Less Restrictive: Santa Monica (4.44.040 – smoking allowed in designated units) Nonsmoking Common Areas: Prohibits smoking in indoor and outdoor common areas. Adopted By: San Jose, County of Santa Clara, San Mateo County (4.97.030), Berkeley, Santa Monica (Chapter 4.44) SMOKEFREE OUTDOOR AIR & EMERGING ISSUES – IMPLEMENT IN 2017, REFLECTED IN 2018 GRADE Dining Restrictions: Allows designated smoking areas or includes exceptions Adopted By: Gilroy (50% of outdoor dining must be smokefree), Morgan Hill (prohibited except for private events on private property, invitation required, entire facility occupied, and there is a designated smoking area), Sunnyvale (9.28.020 prohibited in 60% of outdoor eating areas) More Restrictive Regulations (100% smokefree outdoor dining): Campbell, Cupertino (10.90.020), Los Gatos, Mountain View, Palo Alto (9.14.025), San Jose, Santa Clara County Entryways: No smoking within 15-19 feet of all entry ways Similar Regulations: Campbell (more restrictive), Morgan Hill (less restrictive), Mountain View (more restrictive), Palo Alto (9.14.025 more restrictive), San Jose (more restrictive) Santa Clara County (within 30 feet of entryway) Public Events: Smoking prohibited at some types of public events, but not all Adopted By: Los Gatos (public event seating areas), Mountain View (prohibited in seating areas of outdoor amphitheater), San Jose (seating and eating areas of outdoor stadiums and sports arena, unless in designated smoking area), Sunnyvale (9.29.020 prohibited in stadiums and outdoor theaters), County of Santa Clara (prohibited in theaters, auditoriums, halls) More Restrictive Regulations (smoking in designated areas or entirely prohibited): Campbell, Morgan Hill Service Areas: Smoking prohibited in some types of services areas, but not all. Service areas include places where people wait or receive services, such as bus stops or ATMs More Restrictive (100% smokefree service areas): Campbell, Morgan Hill, Palo Alto (9.14.050), San Jose, County of Santa Clara (“. . . public area designed or regularly used by one or more person to receive or wait to receive goods or services, enter a public place, or make a transaction, whether or not such service includes exchange of money. Services areas include, but are not limited to, bars, restaurants, information kiosks, bus stops, taxi stands, and lines for automated teller machines, public telephones, and ticket purchase.”) Worksites: Smoking prohibited at some or all outdoor worksites Adopted By: County of Santa Clara, Palo Alto, County of Alameda Sale of Tobacco Products in Pharmacies: Prohibits sales at all or some pharmacies Adopted By: County of Santa Clara, Healdsburg, Hollister (5.38.010), Berkeley (9.80.043), City/County of San Francisco 56 American Lung Association in California | State of Tobacco Control 2015 – California Local Grades 79 State of Tobacco Control 2015 – California Local Grades Overall Tobacco Control Grade: A (11-12), B (8-10), C (5-7), D (2-4), F (0-1); determined by grades and points from other three categories – A (4), B (3), C (2), D (1), F (0) Smokefree Outdoor Air Grade: A (18+), B (13-17), C (8-12), D (3-7), F (0-2) Smokefree Housing Grade: A (11+), B (8-10), C (5-7), D (2-4), F (0-1) Reducing Sales of Tobacco Products Grade: A (4+), B (3), C (2), D (1), F (0) SANTA CLARA COUNTY Overall Tobacco Control Grade B D C F F D F n/a C D D B F F D A Total Points 8 2 5 1 0 2 1 7 2 2 8 1 1 2 13 Smokefree Outdoor Air A C D D F C D n/a B C C B F D C A Dining 4 4 2 0 0 4 0 2 4 2 4 0 0 2 4 Entryways 4 0 2 0 0 0 0 2 4 2 0 0 0 0 4 Public Events 4 0 0 0 0 2 0 3 2 0 2 0 0 2 2 Recreation Areas 4 4 2 4 0 4 4 3 2 4 4 0 4 4 4 Service Areas 4 0 0 0 0 0 0 4 0 4 4 0 0 0 4 Sidewalks 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Worksites 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Total Points 20 8 6 4 0 10 4 14 12 12 14 0 4 8 19 Smokefree Housing F F F F F F F F F F F C D F F A Nonsmoking Apartments 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Nonsmoking Condominiums 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Nonsmoking Common Areas 0 0 0 0 0 0 0 0 0 0 4 2 0 0 4 Nonsmoking Housing Authority n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 1 Total Points 0 0 0 0 0 0 0 0 0 0 0 4 2 0 0 13 Reducing Sales of Tobacco Products A F A F n/a F F n/a A F F B F F F A Tobacco Retailer Licensing 4 0 4 0 0 0 4 0 0 3 0 0 0 4 Total Points 4 0 4 0 0 0 4 0 0 3 0 0 0 4 Emerging Issues Bonus Points Emerging Products Definition - Secondhand Smoke 0 1 0 1 0 0 1 1 0 0 0 0 1 1 1 Emerging Products Definition - Licensing 1 0 1 0 0 0 0 1 0 0 0 0 1 0 1 Retailer Location Restrictions 0 0 1 0 0 0 0 0 1 0 0 0 0 0 1 Sampling of Tobacco Products 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 Sale of Tobacco Products in Pharmacies 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Flavored Tobacco Products 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Minimum Pack Size of Cigars 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Points 1 1 2 1 0 0 1 2 1 0 0 0 3 1 5 Cam p b e l l Cu p e r t i n o Gil r o y Los A l t o s Los A l t o s H i l l s Los G a t o s Mi l p i t a s Mo n t e S e r e n o Mo r g a n H i l l Mo u n t a i n V i e w Pal o A l t o San J o s e San t a C l a r a Sar a t o g a Sun n y v a l e Co u n t y Un i n c o r p o r a t e d 57 American Lung Association in California | State of Tobacco Control 2015 – California Local Grades 19 RAISE YOUR GRADE As is evidenced by the 13 cities and counties that have overall A grades, strong tobacco control policies can work in any community. So how can your community improve its health and raise its grade? Below is a worksheet that can be used to determine what types of policies could improve the health of your city or county and help raise its grade. Just fill in the points for the policies your community already has in the right-hand column, and see how many more points you will need to increase your grade. These policies will improve the health of your communities and ensure that tobacco is kept out of the hands of children. SMOKEFREE OUTDOOR AIR 1 Point 2 Points 3 Points 4 Points Total Points Dining Allows designated smoking areas or includes exceptions 100% smokefree Entryways Less than 15 feet of all entryways or within an unspecified distance Within 15-19 feet of all entryways 20 or more feet from all entryways Public Events Some types of public events but not all Allows designated smoking areas 100% smokefree Recreation Areas Some parks, beaches and trails Allows designated smoking areas 100% smokefree Service Areas Some types of service areas but not all All service areas Sidewalks Some or all sidewalks or other pedestrian walkways Worksites Some or all outdoor worksites TOTAL: 18+ points = A 13-17 points = B 8-12 points = C 3-7 points = D 0-2 points = F SMOKEFREE HOUSING 1 Point 2 Points 3 Points 4 Points Total Points Nonsmoking Units in Apartments Prohibits smoking in 75% or more of new apartment units 75% of new and existing apartment units 100% of units for both new and existing apartments Nonsmoking Units in Condominiums Prohibits smoking in 75% or more of new condos units 75% of new and existing condos units 100% of units for both new and existing condos Nonsmoking Common Areas Indoor common areas Indoor and outdoor common areas Prohibits smoking within 75% of units under control of Housing Authority Prohibits smoking within 75% of units for multi- unit housing complexes under control of Housing Authority TOTAL: If jurisdiction has Housing Authority:If jurisdiction does not have Housing Authority: 11+ Points – A 8-10 Points – B 5-7 Points – C 2-4 Points – D 0-1 Points – F 10+ Points – A 7-9 Points – B 4-6 Points – C 1-3 Points – D 0 Points – F 58 20 www.lung.org/california 1-800-LUNG-USA 1-800-586-4872 REDUCING SALES OF TOBACCO PRODUCTS Policy Provisions: (1) Require tobacco retailers to pay an annual fee that sufficiently covers administration and enforcement efforts, including compliance checks; (2) Requirement that all retailers obtain a license to sell tobacco and renew it annually; (3) Provision that any violation of a local, state or federal tobacco law is considered a violation of the license; and (4) Financial deterrent through fines and penalties for violations that includes suspension and revocation of the license. 1 Point 2 Points 3 Points 4 Points Total Points Tobacco Retailer Licensing A sufficient annual fee and 0 of the other 3 provisions outlined above or licensing ordinance with insufficient annual fee and any of the other 3 provisions outlined above A sufficient annual fee and 1 of the other 3 provisions outlined above A sufficient annual fee and 2 of the other 3 provisions outlined above A sufficient annual fee and the other 3 provisions outlined above TOTAL: 4+ points – A 3 points – B 2 points – C 1 point – D 0 points – F EMERGING ISSUES BONUS POINTS Bonus Points Total Points Secondhand Smoke (Bonus Point) There is a strong definition of smoke, smoking or tobacco product that would include electronic cigarettes or other new and emerging tobacco products in a jurisdiction’s secondhand smoke laws. Tobacco Retailer License (Bonus Point) There is a strong definition of smoke, smoking or tobacco product that would include electronic cigarettes or other new and emerging tobacco products in a jurisdiction’s tobacco retailer licensing ordinance. Tobacco Retailer Location Restrictions (Bonus Point) Restricts businesses that sell tobacco from being located within certain distance of schools and/or parks. Or the policy prohibits a tobacco retailer from being located within a certain distance of other retailers. Or there is a limit to the number of tobacco retailer licenses that can be issued. Sampling of Tobacco Products (Bonus Point) Prohibits sampling or nominal cost distribution of all or some tobacco products or in all locations. Sales in Pharmacies (Bonus Point)Prohibits sales at all or some pharmacies Flavored Tobacco Products (Bonus Point) The sale of flavored tobacco products, including cigars, little cigars, pipe tobacco and electronic cigarettes is prohibited. Minimum Pack Size of Cigars (Bonus Point)Prohibits the sale of cigars in individual or small packages, which increases the price and makes them less attractive to youth. TOTAL: Each of the seven Emerging Issues can receive 1 bonus point. Receiving a total of 4 or more of these bonus points adds one point to the Overall Tobacco Control points. 59