2015-012 - Validate Commission Appointments Public Use of Town Equipment & Signs at Meetings, Council & Employee Use of Tablets for Digital Agenda Packets, Traffic Impact Policy, General Fund Reserve & GASB 54 Fund Balance PoliciesRESOLUTION 2015 -012
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
VALIDATING THE COMMISSION APPOINTMENTS; PUBLIC USE OF TOWN
EQUIPMENT AND SIGNS AT TOWN COUNCIL AND PLANNING COMMISSION
MEETINGS; TOWN COUNCIL, PLANNING COMMISSION AND EMPLOYEE USE
OF TABLETS FOR DIGITAL AGENDA PACKETS; TRAFFIC IMPACT POLICY;
GENERAL FUND RESERVE POLICY, AND GASB 54 FUND BALANCE POLICY
WHEREAS, the Town Council is responsible for establishing municipal policies that
provide clear direction for process and procedures by which the Council and staff shall conduct
business and activities; and
WHEREAS, examples of these policies include the Town Code, Town Council Policies,
General Plan, Design Guidelines, and Area Plans; and
WHEREAS, the many benefits of having established policies includes greater
consistency as well as more government transparency and accessibility by the public, the Council
and staff; and
WHEREAS, the Policy Committee reviewed six Council Policies recommended for
validation at its February 11, 2015 meeting: Commission Appointments; Public Use of Town
Equipment and Signs at Town Council and Planning Commission Meetings; Town Council,
Planning Commission and Employee Use of Tablets for Digital Agenda Packets; Traffic Impact
Policy; General Fund Reserve Policy, and GASB 54 Fund Balance Policy; and
WHEREAS, these Council Policies are deemed current as they have either recently been
revised or adopted by the Town Council.
NOW, THEREFORE, BE IT RESOLVED THAT, the Town Council of the TOWN
OF LOS GATOS does hereby validate the Commission Appointments; Public Use of Town
Equipment and Signs at Town Council and Planning Commission Meetings; Town Council,
Planning Commission and Employee Use of Tablets for Digital Agenda Packets; Traffic Impact
Policy; General Fund Reserve Policy; and GASB 54 Fund Balance Policy Council Policies
attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California on the 3d day of March, 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK. ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Title: Commission Appointments
Date: 2/28 190
Enabling
PURPOSE
Revised Date:
Pages: 4
To establish a policy to encourage participation by the Town's residents on Town Boards,
Commissions and Committees (hereinafter referred to as "Commissions "). The Town will
encourage residents to participate on Commissions by advertising vacancies on Commissions
for at least 30 days, preparing easily understood applications, maintaining clear descriptions
of the role of each Commission and Commissioners /Committee and Board Members
(Commission members), and conducting public interviews of all Commission applicants,
except as provided for in this Policy.
SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.
POLICY
The Town Council encourages public participation in all decision malting. To be successful in
achieving public participation, residents must be assured that the participation is meaningful
and that their input will be valued. The widest representation from the community can only
be achieved if vacancies are well advertised so that anyone interested will have the
opportunity to apply. Public interviewing of the applicants by the Town Council demonstrates
that the Council values these appointments and that everyone has an equal opportunity to be
appointed.
To ensure the greatest possible participation by the public, it is the Town's policy that no
person shall be appointed to more than one Commission except in those cases where they are
ex- officio members of other Boards, Commissions and Committees. This Policy does not
apply to Commission members serving as representatives of their Commission on joint
committees such as the Conceptual Development Advisory Committee and the General Plan
Committee.
EXHIBIT A
Page: Policy Number:
Title: Commission Appointments 2 of a 2 -11
PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk Administrator
and the Town Council for the appointment of applicants to Town Commissions:
Responsibility and Actions: Town Clerk Administrator
A. Annual Recruitments
Commission members' terms begin on January 1, with the exception of the Student
Commissioners, whose terms begin on September 1. The Town Clerk Administrator shall
perform the following duties in conducting an annual recruitment for Commission members:
Notify Town Council of vacancies on Commissions by indicating the names of the
Commissions, the number of terms expiring or being vacated, names of individual(s)
with expiring terms or vacating seats, advertising periods (at least 30 days) and the
recommended date of interview.
2. Advertise the vacancies, including the application deadline and the interview date,
which shall be set for the second Town Council meeting in December.
Prepare and maintain easily understood applications for appointment to
Commissions. Applications shall include the following policy information:
a. Prior to initial appointment to any Commission, non - incumbent applicants must
be interviewed by the Town Council. The applications of those not appearing will
be held for the next recruitment.
b. If an incumbent is requesting reappointment to a Town Commission, the
incumbent will be re- interviewed, or must submit a letter for distribution to the
Council prior to the interviews, describing the reason why the applicant cannot be
present for an interview and why the applicant should be reappointed to the
Commission. Incumbent interviews by telephone may be considered under
extraordinary circumstances.
c. Submissions deadlines are mandatory; no exceptions are permitted.
d. Applicants may apply to multiple Commissions, and will only be considered for
those Commissions to which they apply. Applicants applying for more than one
Commission will only be interviewed once.
4. Applicants
a. For adult applicants — Accept applications, verify eligibility, and distribute
copies of the applications of eligible applicants to the Town Council prior to the
interviews for appointment.
Title: Commission Appointments
Page: Policy
3 of 4 1 2 -11
b. For student applicants —Accept applications, verify eligibility, and distribute
copies of the applications of eligible applicants to the Town Council Selection
Committee prior to the interviews for appointment.
5. Notify the applicant by letter or email as to the date and time of the interview.
6. Facilitate the Council voting process by informing Council as to how many votes are
possible on each Commission, calling out applicants' names, and identifying the
applicants receiving sufficient votes for appointment. This process does not apply to
student applicants.
7. Applicants
a. For adult applicants — After the interviews and Council vote are completed,
notify all applicants of the Council's action, and explain Town policy of
keeping application active for one year with notification of subsequent
openings on that Commission to the interested applicants.
b. For student applicants —After the interviews are completed, notify all
applicants of the Council Committee's action, and prepare a staff report for the
Town Council to ratify the Committee's appointment at an official Town
Council meeting.
B. Mid -Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to
a number of members that is not sufficient to conduct Commission business. The
Commission may request the Town to conduct a mid -term recruitment to fill seats. To the
extent possible, the Town Clerk Administrator will consolidate mid -term recruitments to
minimize the number of recruitments occurring though the year. In the event of a vacancy
on the Planning Commission, the Town will automatically conduct a mid -term recruitment.
Mid -term recruitments will not be conducted for student commissioners. The Town Clerk
Administrator shall advertise mid -term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Complete and submit to the Town Clerk Administrator the application for appointment
to a Town Commission.
2. For adult applicants: Attend the Council meeting to be interviewed for Commission
appointment
For student applicants: Attend the Council Selection Committee interview session.
3. If a Commission member is requesting reappointment to a Town Commission and cannot
be present for the interview, submit a letter to the Town Clerk Administrator by Friday
Title: Commission Appointments
Page: Poll
4 of 4 2 -11
prior to the interview, describing why applicant cannot be present for the interview and
why the applicant should be reappointed to the Commission.
4. If appointed, prior to starting the Commission term, see Town Clerk Administrator to
take "Oath of Office" and file any documents required by the Fair Political Practices
Commission.
5. Attend Commission meetings once term begins.
6. Read the Commissioner Handbook.
Responsibility and Action: Town Council
1. Review applications.
2. For adult applicants — Interview applicants at a public meeting.
For student applicants — Town Council Selection Committee interviews applicants.
3. Determine if the incumbents not in attendance and having submitted a letter pursuant to
this Policy should be considered for reappointment.
4. If there are limited applications for any vacancy to a Town Commission, the Mayor, on
behalf of the Council, may request that the Town Clerk Administrator re- advertise the
vacancy, reschedule the interviews, and notify all applicants of the new interview date.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Title: Public Use of Town Equipment and Signs at Town Council and Policy Number: 2 -13
Planning Commission Meetings
Effective Date: 4/21/14
Revised Dates:
Approved:
SUMMARY
This policy sets requirements for audio /visual presentations and the display of signs and other
symbolic material by the public at Town Council and Planning Commission meetings.
PURPOSE
The purpose of this Policy is to establish procedures for public presentations using audio /visual
equipment at Town Council and Planning Commission meetings in a manner that allows the
public to present information, while ensuring that meetings progress smoothly and that Town
information systems are protected. This Policy also establishes requirements related to the
display of signs, posters, and other symbolic materials by members of the audience to ensure that
such displays do not impede ingress, egress, or visibility in the meeting area.
SCOPE
This Policy applies to anyone making a presentation to the Town Council or Planning
Commission using audio /visual equipment for all agenda items, including Verbal
Communications. For this Policy, "Audio /visual presentation" refers to video, PowerPoint,
music, or other digital formats presented on an electronic device, and not photographs and
documents displayed on an overhead projector. With regard to signs and other symbolic
materials, this Policy applies to all members of the public attending a Town Council or Planning
Commission meeting.
Title: Public Use of Town Equipment and Signs at Town Council Page: Policy Number:
and Planning Commission Meetings 1 2 of 4 1 2 -13
POLICY AND PROCEDURES
1. General Guidelines
a. Audio /visual presentations are permitted on all agenda items, including Verbal
Communications.
b. Public presentations using audio /visual equipment or material shall comply with the
time limits set by the Mayor or Chair for public comment. The time limit will include
set -up of the equipment or material.
c. The Town will provide a dedicated electronic device for audio /visual presentations by
the public at Town Council and Planning Commission meetings. For security
reasons, the electronic device will not be connected to the Town's information systems
or the Internet. Members of the public are not permitted to connect their own
electronic devices to the Town's audio /visual equipment.
d. The Town will provide an overhead projector for the display of photographs and
documents.
e. The Town is not responsible for damage to audio /visual presentations submitted by the
public.
f. For maps and large freestanding displays, presenters should bring their own easels and
inform the Clerk Administrator or staff liaison prior to the start of the meeting.
2. Notification, Submission and Review Requirements
a. Persons wishing to make an audio /visual presentation on any agenda item, including
Verbal Communications, at a Town Council or Planning Commission meeting
must submit their presentation electronically, or on a flash drive or DVD to the
Clerk's Office or staff liaison by no later than 3:00 p.m. on the day of the meeting.
Any audio /visual materials not submitted by the time specified in this Policy will not
be displayed on or through the use of Town equipment.
b. The Clerk's Office or the Town department responsible for the related agenda item
will confirm the compatibility of the digital format with the Town's equipment,
and will notify the appropriate individual within two hours of submission if the
material is not compatible with the Town's equipment. The Clerk Administrator or
staff liaison will load the material on the Town's dedicated electronic device prior
to the start of the meeting, and will activate the device for the presenter. The
material must be queued at the point where the speaker would like it to begin. If
making a PowerPoint presentation, the speaker should advise staff if the
presentation contains audio or animation. The presenter may use the Town's
remote control to run the presentation.
Title: Public Use of Town Equipment and Signs at
and Planning Commission Meetings
Policy Number:
2 -13
c. Audio /visual presentations become a part of the Council administrative record or
Planning Commission record. If the presentation is provided on a flash drive or DVD,
the Town will retain the data storage medium unless the presenter requests it to be
returned. The presenter must pick up the data storage medium from the Clerk or
Planning Commission staff within two weeks from the date of the meeting at
which it was presented.
d. Persons wishing to use the overhead projector to display photographs /documents
under Verbal Communications or any agenda item are encouraged to notify the
Clerk Administrator or staff liaison prior to the start of the Town Council or
Planning Commission meeting. Any photographs /documents displayed on the
overhead projector become a part of the administrative record and the material or a
copy of the material must be retained by the Town.
e. Any member of the public may bring to a meeting printed materials regarding an
agenda item for consideration by the Town Council or Planning Commission. If the
material can be displayed on the overhead projector, section 2d of this Policy applies.
If the material cannot be displayed on the overhead projector, and the member of the
public wishes the Town Council or Planning Commission to receive a copy of the
material, it is requested that the speaker provide a minimum of eight (8) copies to
allow the Council or Commission, Clerk, key staff, persons directly affiliated with
the agenda item, and the general public to review the material. The Brown Act requires
equal access to all materials considered in a public meeting to ensure fairness and
transparency.
f. Persons wishing to submit materials when speaking under Verbal Communications
must submit one (1) copy for the administrative record. The Town Council or Planning
Commission cannot take action regarding matters raised during Verbal
Communications.
3. Signs and Other Symbolic Materials
a. Symbolic materials, such assigns, posters, banners, etc., will be allowed in the
Council Chambers with the following limitations:
• Not larger than 18 inches by 24 inches.
• No sticks, posts, poles or other such items shall be attached to the signs or
other symbolic materials.
• The items cannot create a building maintenance problem (such as confetti) or a
fire or safety hazard.
b. Members of the public with signs and other symbolic materials must not raise the
items above shoulder level (whether seated or speaking from the podium), obstruct the
view of other attendees or the Council or the passage of other attendees, or otherwise
disturb the business of the meeting.
Title: Public Use of Town Equipment and Signs at Town Council Page: Polk
and Planning Commission Meetings 4 1 2 -13
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Title: Town Council, Planning Commission and Employee Use of Policy Number: 2 -14
Tablets for Digital Agenda Packets
Effective Date: 4/21/14
Enabling
Approved:
PURPOSE
Revised Dates:
Use of electronic media enhances communication and the efficient performance of Town duties,
and thereby improves service to the public. The use of electronic media also reduces paper and
photocopying costs. The purpose of this Policy is to provide guidelines for Town Council,
Planning Commission members and employee use of electronic tablets during meetings subject
to the Brown Act, and at such other times as may be deemed necessary for the conduct of Town
business.
SCOPE
This Policy applies to Town Council members, Planning Commission members and employees
when using Town - issued devices or personal devices for Town business.
POLICY AND PROCEDURES
1. Authorized Users
a. The Town Council and Planning Commission members and designated Town staff are
hereinafter referred to as AUTHORIZED USERS. Town Council and Planning
Commission members may self - select to participate in the electronic tablet program.
The Town Manager will designate Town staff eligible to receive Town - issued electronic
devices and/or compensation for use of personal electronic devices under this Policy.
b. The Town will no longer provide paper meeting packets to Authorized Users who elect
to participate in the electronic tablet program, unless the Authorized User so requests.
c. The explicit privileges and restrictions set forth in this Policy do not attempt to cover
every situation that may arise in connection with the use of this form of electronic
communication. AUTHORIZED USERS acknowledge, understand and respect the
underlying guidelines that form the basis of this Policy.
Title: Town Council, Planning Commission and
of Tablets for Digital Agenda Packets
2 -14
d. Before being authorized to utilize an electronic tablet for Town business,
AUTHORIZED USERS shall sign the Electronic Tablet Agreement acknowledging
understanding of and compliance with this Policy.
2. Electronic Tablet Options
a. AUTHORIZED USERS have the option of using a Town - provided electronic tablet
or a personal electronic tablet for the conduct of Town business.
b. The Town will provide a tablet and a case to AUTHORIZED USERS who elect to use a
Town - provided tablet. Additional accessories, such as keyboards, screen protectors,
cables, etc. may be authorized by the Town contingent on need and available funding.
All property purchased by the Town shall be returned to the Town at the end of the
AUTHORIZED USER'S term or at the end of employment.
c. If an AUTHORIZED USER elects to use a personal electronic tablet for the conduct of
Town business, the Town will reimburse the AUTHORIZED USER for the cost of any
software necessary to conduct Town business and for a portion of a cellular data plan
as described below. The Town does not accept responsibility for malfunctions of
personal electronic tablets or the inability of Town - purchased software to work on
these devices. Any Town - provided software or applications on personal electronic
tablets shall be de- installed at the end of the AUTHORIZED USER'S term or at the end
of employment, or the AUTHORIZED USER may reimburse the Town for such
software or applications.
3. Software, Data Plan and Security
a. AUTHORIZED USERS will be provided with or reimbursed for the applications
needed to conduct Town business.
Town - provided tablets will be WiFi enabled. The Town may subscribe to a
cellular data plan for tablets issued to AUTHORIZED USERS to allow access to Town
information when WiFi is not available. The Town's Information Services Manager will
determine the data plan and allowable usage. The Town may provide a stipend to
AUTHORIZED USERS using their own electronic tablets for Town business to cover
a portion of a cellular data plan as needed.
c. The software and applications installed by or reimbursed by the Town must
remain on the electronic tablet in usable condition and be readily accessible at all times.
From time to time, the Town may add or upgrade software applications for use by
AUTHORIZED USERS such that AUTHORIZED USERS may be required to
check -in their tablet with the Information Services Department for periodic updates
and syncing. Any software, e-mail messages or files downloaded via the Internet or
otherwise into the Town- issued electronic tablet become the property of the Town,
Title: Town Council, Planning Comm
of Tablets for Digital Agenda Packets
2 -14
and may only be used in ways that are consistent with applicable licenses,
trademarks or copyrights.
d. Files from sources that AUTHORIZED USERS may have any reason to believe
may be untrustworthy shall not be downloaded, nor shall files attached to e-mail
transmissions be opened and read unless the AUTHORIZED USER has knowledge
that they originate from a trustworthy source. Downloaded files and attachments may
contain viruses or hostile applications that could damage the Town's information
systems.
e. If technical difficulties occur or illegal software is discovered, the electronic tablet
will be restored to its original settings. The Town does not accept responsibility for the
loss of any software or documents deleted due to a restoration.
f. Town - issued electronic tablets will be password protected and used only by the
AUTHORIZED USER. Passwords should be kept confidential and not shared with
anyone, including family members. The password will be a minimum of eight (8)
characters in length and contain at least one number, one letter, and one uppercase letter.
4. Care of Town - Issued Equipment
a. AUTHORIZED USERS are responsible for the general care of the Town - issued electronic
tablet. Tablets that are broken or fail to work properly must be taken to the Information
Services Department for an evaluation of the equipment. Electronic tablets must
remain free of any writing, drawing, stickers or labels that are not the property of the
Town. Only a clean, soft cloth should be used to clean the screen.
b. AUTHORIZED USERS maybe responsible for payment of the deductible for
repair or replacement if such damage was due to negligence or misuse. After a second
occurrence of damage, AUTHORIZED USERS are solely responsible for reimbursing the
Town for the fair market value of the repair or replacement.
c. AUTHORIZED USERS must report immediately to the Information Services
Department if the tablet is lost or stolen. If, due to AUTHORIZED USER'S misuse
or neglect, the tablet is stolen or lost, the AUTHORIZED USER shall pay the full
replacement value.
5. Use of Electronic Tablets
a. The electronic tablet, Internet and e-mail access provided are tools for conducting Town
business. Thus, the use of such tools by AUTHORIZED USERS will be solely for
Town business purposes, (i.e., to review agenda materials, obtain information for
Town- related business and conduct Town business communications as appropriate).
All of the Town's computer systems, including the electronic tablet, are considered to
be public property. All Town - related documents, files and e-mail messages created,
Title: Town Council, Planning Commission and Employee Use Page: Policy
of Tablets for Digital Agenda Packets 1 4 of 5 2 -14
received, stored in, or sent from any Town - issued tablet or from any personal tablet
used for Town business are considered public records, subject to disclosure to the
public pursuant to the California Public Records Act, Govt. Code §§ 6250- 6276.48,
and are considered the property of the Town of Los Gatos.
b. All existing Town policies will continue to apply to the conduct of AUTHORIZED
USERS on the Internet and in the use of e-mail, including, but not limited to, those that
deal with the misuse of Town resources, sexual harassment, electronic communications,
information and data security, and confidentiality. During Council or Planning
Commission meetings, AUTHORIZED USERS shall use electronic tablets and all
electronic devices solely for the purpose of accessing the current meeting packet and are
prohibited from using electronic tablets or any electronic device to send or exchange
facts about or engage in discussions regarding Town issues via electronic
communication, including e-mail, instant messaging, text messaging, twitter feeds or
similar forms of electronic communications with any other Council or Planning
Commission member, staff or member of the public. AUTHORIZED USERS shall
not use the electronic tablet or any electronic device in any way as to violate the
public meeting requirements of the Brown Act and the California Public Records Act.
Town staff is authorized in limited circumstances to use electronic devices to access
additional information concerning issues raised at the meeting.
c AUTHORIZED USERS shall not use Town- issued electronic tablets for operating a
business for personal gain, sending chain letters, soliciting money for religious or political
causes, or any other purpose that interferes with normal Town business activities.
6. Compliance with this Policy
a. There is no expectation of privacy with respect to the use of an electronic tablet
for Town business. The Town reserves the right to inspect any and all files stored
on electronic tablets that are the property of the Town in order to ensure
compliance with this Policy. AUTHORIZED USERS do not have any personal
privacy right in any matter created, received, stored in or sent from any Town -
issued tablet. AUTHORIZED USERS using a personal tablet for Town business
do not have any personal privacy right in any Town - related matter created,
received, stored in or sent from the personal tablet used for Town business.
b. Any violation of any provision of this Policy may constitute official misconduct
and grounds for discipline, including, but not limited to, discontinuance of the
privilege of using a Town - issued electronic tablet.
TOWN OF LOS GATOS
ELECTRONIC TABLET AGREEMENT
Title: Town Council, Planning Comm
of Tablets for Digital Agenda Packets
Policy Number:
2 -14
I, , the undersigned AUTHORIZED USER of the
Town of Los Gatos, have been provided a copy of the Town of Los Gatos Electronic Tablet
Policy and understand its contents fully. I accept and understand the terms of the policy and
agree to abide by all terms contained in it.
Signature
Printed Name
Position
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Title: Traffic Impact Policy
Effective Date:
Actions: 1991 -174, 2014 -59
Approved:
I. DEFINITIONS
Policy Number: 3 -2
Pages:
1. Average Daily Trips. Average Daily Trips (ADT) are the total number of trips, both in-
bound and outbound, within a 24 hour weekday period, generated by a particular use or
development.
2. Pass -By Trip. Trips generated by the proposed Project that would be attracted from traffic
passing the proposed Project site on an adjacent street that contains direct access to the
Project.
3. Peak Hour Trip. Peak Hour Trips are vehicle trips, both in -bound and out - bound,
occurring during a one hour period either during the A.M Peak (7 a.m. to 9 a.m.) or the
P.M. Peak (4 p.m. to 6 p.m.), generated by a particular use or Project.
4. Project. A project subject to this Policy encompasses all land use development projects
affecting the built environment, including changes in occupancy or intensification or
existing uses, over which the Town has administrative or legislative authority, that
require review and approval and issuance of a build permit, certificate of use or
occupancy, or other land use approval by Town staff, Commissions, or Town Council.
5. Specialty Retail. Specialty Retail uses are defined as walk -in and impulse businesses such
as juice bars, yogurt shops, coffee shops, donut shops, and similar uses which do not
generally serve meals and have limited or no seating. Specialty Retail uses are defined
under this Policy for purposes of establishing trip generation data, and this definition does
not provide any land use or zoning guidance.
II. GENERAL CONDITIONS AND APPLICABILITY
1. This Policy is intended to provide guidance to Town staff and the development
community in implementing the provisions of the Town Municipal Code, Chapter 15,
Article VII, and Traffic Impact Mitigation Fees.
2. Projects that are determined by the Town to generate one or more new net Average Daily
Trips are subject to this Policy.
Tittle: Traffic Impact Policy
3 -2
3. Projects that will generate 20 or more new Peak Hour Trips shall be required to complete
a comprehensive traffic impact analysis report as described in more detail in Section VI
Traffic Impact Mitigation Report.
4. Consistent with Transportation Impact Analysis (TIA) Guidelines adopted by the Santa
Clara County Transportation Authority (VTA) Congestion Management Program, Pass -
by Trips shall not be considered in calculating the 20 new Peak Hour Trip threshold that
triggers the requirement for conducting a comprehensive traffic impact analysis report.
5. In order to determine how much new traffic a Project will generate, the Town will use
applicable trip generation rates and pass -by trip data from the most recent edition of the
Institute of Traffic Engineers (ITE) Trip Generation Manual. Alternatively, trip
generation rates from the following resources may be used if determined by the Town to
be more appropriate than the available ITE rates: San Diego Association of Governments
(SanDAG); California Department of Transportation (Caltrans); or the City of San Jose.
A Town - sponsored or peer- reviewed traffic study may also be used to determine trip
generation rates.
III. TRAFFIC IMPACT MITIGATION FEES
1. All projects that generate one or more new Average Daily Trips are required to pay
Traffic Impact Mitigation Fees.
2. All required Traffic Impact Mitigation Fees shall be paid in full to the Town in
association with and prior to issuance of a building permit. If no building permit is
required, the fee shall be paid in full prior to issuance of a certificate of use and
occupancy, or similar entitlement. The amount due shall be calculated based on the fee
in place as approved by the Town Council by resolution at the time the fee is paid.
3. The per trip amount of the fee shall be set forth by the Town Council by resolution,
pursuant to Town Municipal Code, Chapter 15, Article VII, Traffic Impact Mitigation
Fees.
4. Fees shall be calculated by multiplying net new ADT by the per trip amount in the place
at the time the fees are paid.
ADT shall be determined by using the applicable trip generation rate and pass -by trip
data from the most recent edition of the Institute of Traffic Engineers (ITE) Trip
Generation Manual. When a use is not listed in the ITE Trip Generation Manual or
where ADT data is not available, the Town Traffic Engineer shall use available Peak
Hour Trip data or select the most appropriate trip generation rate and pass -by trip
classification for use in calculating ADT. Trip generation rates from alternate sources
may be used if determined by the Town Traffic Engineer to be more appropriate than the
available ITE rates. Examples of alternate sources of data include: San Diego
Title: Traffic Impact Policy
Page: Policy Number:
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Association of Governments (SanDAG); California Department of Transportation
(Caltrans); City of San Jose; comparable store/business traffic studies.
IV. CREDIT FOR EXISTING TRIPS
1. In calculating new Peak Hour Trips for purposes of determining whether or not a traffic
impact analysis report is required pursuant to this Policy, trip credit shall be granted for
an existing use or the most recent former use within the past five years prior to
submission of a Project application.
2. In calculating new Average Daily Trips for purposes of determining the amount of the
Traffic Impact Mitigation Fee due, trip credit shall be granted for an existing use or the
most recent former use within the past five years prior to submission of a Project
application.
3. Where the property is vacant, the most recent and former use within the past five years
prior to submission of a Project application shall be used. If the property has been vacant
for more than five years, no credit shall be given. Vacancy for purposes of Fee Credit
shall include any vacant or unoccupied property, structure or building where no active,
approved use is currently present.
4. Where a portion of the space is changing use, credit will apply to the proportionate
square footage of the space under review.
5. Where the change in use results in fewer trips than the existing or former use, no credit
or refund will be due the applicant.
V. CREDIT FOR TRAFFIC MITIGATION IMPROVEMENTS
1. Credit against Traffic Impact Mitigation Fees due shall be granted up to the amount of the
Estimated Project Cost shown on Attachment 1, Town of Los Gatos Traffic Mitigation
Improvements Project List, for any listed projects for which the developer, as a condition
of approval, is required to either construct at the developer's sole cost, or contribute a
fixed or percentage amount of funding toward future construction of the listed
improvement. Where construction is fully funded and completed by the developer, said
credit shall be equal to the Project Cost as shown in Attachment 1. Where payment is a
fixed amount or a percentage of the Project Cost, credit shall be equal to the actual
amount due, whether the Project is constructed by the developer or others.
2. No credit shall be given for any public right -of -way dedication required for
completion of projects listed on Attachment 1.
Credit will be given on a case -by -case basis and shall not exceed the impact fee
payable. Any request for credit shall be made prior to the payment of the Traffic Impact
Title: Traffic Impact Policy
Page: Policy Number:
4 1 3 -2
Mitigation Fees. No credit shall be given for installation of Town - standard frontage
improvements, Project access improvements, or internal circulation improvements.
4. Credit shall only be granted for payment of costs or construction of projects listed in
Attachment 1, unless otherwise approved by the Town Council.
VI. TRAFFIC IMPACT ANALYSIS REPORT
Traffic impact analysis reports required pursuant to this Policy shall be prepared consistent
with the Transportation Impact Analysis (TIA) Guidelines adopted by the Santa Clara
County Transportation Authority (VTA) Congestion Management Program (August
2009), or as such Guidelines may be amended or updated from time to time, except that
the threshold for preparation of a traffic report under this Policy is 20 new Peak Hour
trips, whereas the VTA TIA threshold is 100 new Peak Hour Trips.
2. Traffic impact analysis reports shall be funded in full by the Project applicant. Project
applicants shall deposit fund with the Town in an amount deemed necessary to cover the cost
of an independent consultant report, plus staff administrative and review costs. Following
deposit of funds, the Town will hire a professional transportation consultant to complete the
required study.
Alternatively, the Project applicant may hire his /her own professional engineering or
transportation consultant to complete a traffic study, in which case the applicant must
deposit with the Town sufficient funds for the Town to hire a professional firm to conduct
a peer review of the applicant - prepared traffic report, plus cover for administrative staff
and review costs.
3. The Town shall conduct an open, competitive process to establish a list of firms which are
qualified to prepare traffic reports and /or conduct peer review of traffic studies under
contract to the Town. The list of firms shall be selected in accordance with the Town's
Purchasing Policy. A new list shall be created at a minimum of once every five years.
VII. OTHER PROVISIONS
The Institute of Traffic Engineers (ITE) Trip Generation Manual trip generation rates
for Specialty Retail Center shall apply to all Specialty Retail uses as defined in this
Policy.
2. A secondary dwelling unit with a floor area of six hundred square feet or less shall be
exempt from this Policy.
3. The Town Council may exempt housing development for very low, low to moderate
income residents (as defined by Town Ordinance, General Plan, or statute) from all or a
portion of the Traffic Impact Mitigation Fee upon making a finding that the development
Title: Traffic Impact Policy
Page: Policy Number:
5 of 5 1 3 -2
provides a significant community benefit by meeting current needs for affordable
housing.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Title: General Fund Reserve Policy I Policy Number 4 -4
Date: 5/6/11 1 Pages: 3
Enabling Actions: I Revised Dates:
BACKGROUND
General Fund reserves are classified into two categories: Restricted and Designated. Restricted
reserves are those which are restricted and not considered available due to financial, accounting, or
legal restrictions. Designated reserves are established by Council policy for an intended purpose
and are available for use per Council direction.
GUIDING PRINCIPLES
Following sound financial practices and adhering to the Government Finance Officers' of
American (GFOA) recommendations, the Town's designated reserves include reserves for
known and unknown contingencies, which take into consideration the:
1. Diversity of revenue base
2. Volatility of revenue structure
3. Changes in political environment
4. Frequency of operating surpluses /deficits
5. Cash flow management practices
PURPOSE
The purpose of this policy is to establish a target minimum level of designated reserves in the
General Fund to:
1. Reduce the financial impacts associated with a disaster or catastrophic event;
2. Respond to the challenges of a changing economic environment, including prolonged
downturns in the local, state, or national economy; and
3. Demonstrate continued prudent fiscal management and creditworthiness.
Page: Policy Number:
Title: General Fund Reserve Policy 2 of 3 4 -4
POLICY
Reserve Level
The Town currently sets aside funds into three key designated reserves to address unforeseen
emergencies or disasters, significant changes in the economic environment, and key
infrastructure and capital projects. These include the Catastrophic Reserve, Budget Stabilization
Reserve, and Capital and Special Projects Reserve.
The Town commits to maintaining these reserves at a minimum of 25% of General Fund
ongoing operating expenditures (minus one -time expenditures), equally divided between the
Catastrophic Reserve (12.5 %) and Budget Stabilization Reserve (12.5 %), excluding the Capital
and Special Projects Reserve. The General Fund Reserve Policy is to be reviewed by the Town
Council as part of the annual operating budget review and adoption process. Appropriations of General
Fund reserves require formal Council authorization.
Should a catastrophic disaster or loss of the Town's single highest source of sales tax revenue
occur, the required reserve level should be adequate to meet the Town's immediate financial
needs. For example, in the event of natural disaster, the Catastrophic Reserve would provide
necessary coverage for basic operating expenses, including salary and benefits for safety and
non - safety Town employees, while still meeting debt service obligations for approximately 60
days. This time frame would enable the Town to explore other available cash alternatives,
including the use of internal service funds. Likewise, should the Town experience a loss of a
primary sales tax contributor, the reserve level in the Budget Stabilization Fund would provide for
a 3 year transition period, giving the Town adequate time to realign its operating costs with available
resources, while minimizing service impacts.
Catastrophic Resery e
Funds reserved under this category shall be used to mitigate costs associated with unforeseen
emergencies, such as a disaster or catastrophic event. Should unforeseen and unavoidable events occur
that require the expenditure of Town resources beyond those provided for in the annual budget, the
Town Manager or designee shall have authority to approve Catastrophic Reserve appropriations. The
Town Manager or designee shall then present to the Town Council a budget amendment confirming
the nature of the emergency and authorizing the appropriation of reserve funds.
Budget Stabilization Reserve
Funds reserved under this category shall be used to mitigate annual revenue shortfalls (actual
revenues less than projected revenues) due to changes in the economic environment and/or onetime
uses that will result in future efficiencies and/or budgetary savings. Examples of "economic triggers"
and one -time uses include, but are not limited to:
1. Significant decrease in property or sales tax, or other economically sensitive revenues;
2. Loss of businesses considered to be significant sales tax generators;
3. Reductions in revenue due to actions by the state/federal government;
4. Workflow /technical system improvements to reduce ongoing personnel costs and enhance
customer service;
5. One -time maintenance of service levels due to significant economic/budget constraints; and
Title: General Fund Reserve Policy
4 -4
6. One -time transitional costs associated with organizational restructuring to secure longterm
personnel cost savings.
Capital and Special Projects Reserve
Funds reserved under this category are designated for key infrastructure and capital/special
projects as identified in the Town 5 -year Capital Improvement Plan, as there is no ongoing
funding source to support the Town's capital needs.
Replenishment of Unreserved Fund Balance
In keeping with the principles discussed in this policy, when either fund is used, Town
Council will develop a 1 to 5 year reserve replenishment plan to meet the minimum threshold
of 25% of General Fund ongoing, operating expenditures, excluding one -time expenditures.
Excess Fund Balance
At the end of each fiscal year, the Finance and Administrative Services Department reports
on the audited year -end budgetary fiscal results. Should actual General Fund revenues
exceed expenditures and encumbrances, a year -end operating surplus shall be reported. Any
year -end surplus which results in the General Fund fund balance exceeding the level
required by the reserve policy shall be available for allocation for the following, subject
to Council approval:
1. Offset projected future deficits
2. Anticipated intergovernmental fiscal impacts
3. One -time funding, non - recurring needs
Upon funding of the above, any remaining surplus balances shall be divided equally between
the Budget Stabilization Reserve and Capital and Special Projects Reserve for
appropriation within the Capital Improvement Program budget.
APPROVED AS TO FORM:
Robert Schultz, Town Attorney
Title: GASB 54 Fund Balance Policy
Enabling Actions:
Approved:
17i7TZ@jM
Policy Number: 4 -5
To outline the policies and procedures adopted by the Town Council regarding provisions for
identifying and classifying fund balances in accordance with Governmental Accounting
Standards Board (GASB) Statement No. 54.
BACKGROUND
Fund balance is the difference between the assets and liabilities reported in a governmental fund.
As outlined in Governmental Accounting Standards Board (GASB) Statement No. 54, there are
five separate components of fund balance. Each separate component is identified by the extent
to which the City is bound to honor the constraints on the specific purposes on which amounts
can be spent.
1. Non - spendable fund balance (inherently unspendable)
2. Restricted fund balance (external limitations on use)
3. Committed fund balance (self - imposed limitations on use)
4. Assigned fund balance (limitation resulting from intended use)
5. Unassigned fund balance (residual net resources -no restrictions)
The first two components listed above are not addressed in this policy due to the nature of their
restrictions. This policy is focused on the financial reporting of previously unrestricted fund
balance, or the last three components listed above. All components further defined below and
reflected per this policy are in accordance with GASB 54.
Title: GASB 54 Fund Balance Policy
POLICY
4 -5
Committed Fund Balance
The Town Council, as the Town's highest level of decision- making authority, may commit fund
balance for specific purposes pursuant to constraints imposed by formal actions taken, such as an
ordinance or resolution. These committed amounts cannot be used for any other purpose unless
the City Council removes or changes the specified use through the same type of formal action
taken to establish the commitment. Town Council action to commit fund balance needs to occur
within the fiscal reporting period; however, the amount can be determined subsequently. This
category was previously reported as "unreserved, designated" under the old standard.
The following funds are committed:
1. Capital Outlay
2. Debt Service
3. Advances to Other Funds
4. Repairs and Maintenance
5. Low & Moderate Housing
Assigned Fund Balance
The Town Council delegates the authority to assign fund balance to the Town Manager, for
intended specific purposes, to be reported to the full Council. The following assignments are
established and may be modified by the Town Manager or his/her designee as deemed
appropriate. This category was previously reported as "unreserved" under the old standard:
1. Vasona Land Sale Reserve
2. Open Space Reserve
3. Post - Retirement Medical Reserve
4. Parking Reserve
5. Market Fluctuations Reserve
6. Manager's Contingency Reserve
7. Productivity Reserve
8. Sustainability Reserve
9. Catastrophic Reserve
10. Capital and Special Projects Reserve
11. Carryover Reserve
12. Comcast PEG Fund
13. Budget Stabilization Reserve
14. Special Studies Reserve
15. Debt Service Reserve
16. Year End Budget Savings
17. Special Revenue Fund
18. Compensated Absences Reserve
Page: Policy Number:
Title: GASB 54 Fund Balance Policy 3 of 3 1 4 -5
Unassigned Fund Balance
These are residual positive new resources in the General Fund in excess of what can properly be
classified in one of the other four categories. The General Fund may only report a positive
unassigned balance. Conversely, any governmental fund in a negative (deficit) position could
report a negative amount of unassigned fund balance.
Fund Balance Classification
The accounting policies of the Town considers restricted fund balance to have been spent first
when an expenditure is incurred for purposes for which both restricted and unrestricted fund
balance is available. Similarly, when an expenditure is incurred for purposes for which
amounts in any of the unrestricted classifications of fund balance could be used, the Town
considers committed amounts to be reduced first, followed by assigned amounts and then
unassigned amounts.
Annual Reporting and Periodic Review
Annually, after the completion of the Town's Comprehensive Annual Financial Report, the
Finance Director or designee shall prepare and present a Summary of Fund Balance as part of the
Financial Reporting and Town Annual Budget process. At least every two years, the Town
Council will affirm or revise this Policy (usually during the budget process).
APPROVED AS TO FORM:
Robert Schultz, Town Attorney