Agenda packet, first session — Los Altos City Council, June 11, 2024 (part 2 of 2)

Revised: 06/11/2024 Adopted by City Council 06/11/24
Resolution 2024-XX
266
Agenda Item # 15.

LAMEA: 3.8% COLA increase effective 06/23/24
City of Los Altos - Full Time Salary Schedule FY 24/25
Resolution 2024-XX
LAMEA Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Engineer Exempt $5,598.15 $5,878.06 $6,171.97 $6,480.56 $6,804.59 $12,129.33 $12,735.80 $13,372.59 $14,041.22 $14,743.28 $145,552.01 $152,829.61 $160,471.09 $168,494.65 $176,919.38 Senior Planner Exempt $5,468.74 $5,742.18 $6,029.28 $6,330.75 $6,647.29 $11,848.93 $12,441.38 $13,063.45 $13,716.62 $14,402.45 $142,187.20 $149,296.56 $156,761.39 $164,599.46 $172,829.44 Senior Network Systems Administrator Exempt $5,245.22 $5,507.48 $5,782.85 $6,072.00 $6,375.60 $11,364.64 $11,932.87 $12,529.52 $13,155.99 $13,813.79 $136,375.70 $143,194.48 $150,354.21 $157,871.92 $165,765.51 Information Technology Analyst II Exempt $4,995.45 $5,245.22 $5,507.48 $5,782.85 $6,072.00 $10,823.47 $11,364.64 $11,932.87 $12,529.52 $13,155.99 $129,881.62 $136,375.70 $143,194.48 $150,354.21 $157,871.92 Network Systems Administrator Exempt $4,995.45 $5,245.22 $5,507.48 $5,782.85 $6,072.00 $10,823.47 $11,364.64 $11,932.87 $12,529.52 $13,155.99 $129,881.62 $136,375.70 $143,194.48 $150,354.21 $157,871.92 Associate Civil Engineer Non-Exempt $4,885.75 $5,130.04 $5,386.54 $5,655.87 $5,938.66 $10,585.80 $11,115.08 $11,670.84 $12,254.38 $12,867.10 $127,029.54 $133,381.02 $140,050.07 $147,052.57 $154,405.20 Information Technology Analyst I Exempt $4,757.57 $4,995.45 $5,245.22 $5,507.48 $5,782.85 $10,308.06 $10,823.47 $11,364.64 $11,932.87 $12,529.52 $123,696.78 $129,881.62 $136,375.70 $143,194.48 $150,354.21 Associate Planner Non-Exempt $4,614.59 $4,845.32 $5,087.59 $5,341.97 $5,609.07 $9,998.29 $10,498.20 $11,023.11 $11,574.27 $12,152.98 $119,979.47 $125,978.44 $132,277.36 $138,891.23 $145,835.79 Senior Building Inspector Exempt $4,551.74 $4,779.32 $5,018.29 $5,269.20 $5,532.66 $9,862.09 $10,355.20 $10,872.96 $11,416.61 $11,987.44 $118,345.13 $124,262.39 $130,475.51 $136,999.28 $143,849.25 Assistant Civil Engineer Non-Exempt $4,318.79 $4,534.73 $4,761.46 $4,999.54 $5,249.51 $9,357.37 $9,825.24 $10,316.50 $10,832.33 $11,373.95 $112,288.47 $117,902.90 $123,798.04 $129,987.95 $136,487.34 Accountant Non-Exempt $4,277.06 $4,490.91 $4,715.46 $4,951.23 $5,198.80 $9,266.97 $9,730.32 $10,216.83 $10,727.67 $11,264.06 $111,203.61 $116,763.79 $122,601.98 $128,732.08 $135,168.68 Administrative Officer Exempt $4,277.06 $4,490.91 $4,715.46 $4,951.23 $5,198.80 $9,266.97 $9,730.32 $10,216.83 $10,727.67 $11,264.06 $111,203.61 $116,763.79 $122,601.98 $128,732.08 $135,168.68 Senior Recreation Supervisor Non-Exempt $4,271.95 $4,485.55 $4,709.83 $4,945.32 $5,192.58 $9,255.89 $9,718.69 $10,204.62 $10,714.85 $11,250.60 $111,070.73 $116,624.27 $122,455.48 $128,578.26 $135,007.17 Maintenance Supervisor Non-Exempt $4,189.37 $4,398.84 $4,618.78 $4,849.72 $5,092.21 $9,076.97 $9,530.82 $10,007.36 $10,507.73 $11,033.12 $108,923.67 $114,369.85 $120,088.34 $126,092.76 $132,397.40 Emergency Response Coordinator Non-Exempt $4,188.14 $4,397.55 $4,617.42 $4,848.29 $5,090.71 $9,074.30 $9,528.02 $10,004.42 $10,504.64 $11,029.87 $108,891.62 $114,336.20 $120,053.01 $126,055.66 $132,358.45 Economic Development Coordinator Non-Exempt $4,188.14 $4,397.55 $4,617.42 $4,848.29 $5,090.71 $9,074.30 $9,528.02 $10,004.42 $10,504.64 $11,029.87 $108,891.62 $114,336.20 $120,053.01 $126,055.66 $132,358.45 Sustainability Coordinator Non-Exempt $4,188.14 $4,397.55 $4,617.42 $4,848.29 $5,090.71 $9,074.30 $9,528.02 $10,004.42 $10,504.64 $11,029.87 $108,891.62 $114,336.20 $120,053.01 $126,055.66 $132,358.45 Public Information Coordinator Non-Exempt $4,188.14 $4,397.55 $4,617.42 $4,848.29 $5,090.71 $9,074.30 $9,528.02 $10,004.42 $10,504.64 $11,029.87 $108,891.62 $114,336.20 $120,053.01 $126,055.66 $132,358.45 Assistant Planner Non-Exempt $4,177.05 $4,385.90 $4,605.19 $4,835.45 $5,077.23 $9,050.27 $9,502.78 $9,977.92 $10,476.82 $11,000.66 $108,603.21 $114,033.37 $119,735.04 $125,721.79 $132,007.88 Building Inspector Non-Exempt $4,117.88 $4,323.78 $4,539.97 $4,766.97 $5,005.31 $8,922.08 $9,368.19 $9,836.60 $10,328.43 $10,844.85 $107,065.01 $112,418.26 $118,039.17 $123,941.13 $130,138.19 Recreation Supervisor Non-Exempt $4,063.65 $4,266.84 $4,480.18 $4,704.19 $4,939.40 $8,804.58 $9,244.81 $9,707.05 $10,192.41 $10,702.03 $105,654.99 $110,937.74 $116,484.63 $122,308.86 $128,424.31 GIS Technician Non-Exempt $3,925.61 $4,121.89 $4,327.99 $4,544.38 $4,771.60 $8,505.49 $8,930.76 $9,377.30 $9,846.17 $10,338.47 $102,065.87 $107,169.16 $112,527.62 $118,154.00 $124,061.70 Junior Engineer Non-Exempt $3,925.61 $4,121.89 $4,327.99 $4,544.38 $4,771.60 $8,505.49 $8,930.76 $9,377.30 $9,846.17 $10,338.47 $102,065.87 $107,169.16 $112,527.62 $118,154.00 $124,061.70 Police Records Supervisor Non-Exempt $3,925.61 $4,121.89 $4,327.99 $4,544.38 $4,771.60 $8,505.49 $8,930.76 $9,377.30 $9,846.17 $10,338.47 $102,065.87 $107,169.16 $112,527.62 $118,154.00 $124,061.70 Construction Inspector Non-Exempt $3,738.27 $3,925.18 $4,121.44 $4,327.51 $4,543.89 $8,099.58 $8,504.55 $8,929.78 $9,376.27 $9,845.08 $97,194.90 $102,054.65 $107,157.38 $112,515.25 $118,141.01 Engineering Technician Non-Exempt $3,738.27 $3,925.18 $4,121.44 $4,327.51 $4,543.89 $8,099.58 $8,504.55 $8,929.78 $9,376.27 $9,845.08 $97,194.90 $102,054.65 $107,157.38 $112,515.25 $118,141.01 Information Technology Technician Non-Exempt $3,612.55 $3,793.17 $3,982.83 $4,181.98 $4,391.07 $7,827.19 $8,218.55 $8,629.47 $9,060.95 $9,513.99 $93,926.23 $98,622.54 $103,553.67 $108,731.36 $114,167.92 Code Enforcement Officer Non-Exempt $3,522.37 $3,698.49 $3,883.41 $4,077.59 $4,281.46 $7,631.80 $8,013.40 $8,414.06 $8,834.77 $9,276.51 $91,581.66 $96,160.74 $100,968.78 $106,017.22 $111,318.08 Accounting Technician II Non-Exempt $3,399.32 $3,569.29 $3,747.75 $3,935.14 $4,131.89 $7,365.19 $7,733.45 $8,120.12 $8,526.13 $8,952.44 $88,382.31 $92,801.43 $97,441.50 $102,313.57 $107,429.25 Development Services Technician Non-Exempt $3,308.11 $3,473.52 $3,647.19 $3,829.55 $4,021.03 $7,167.58 $7,525.96 $7,902.25 $8,297.37 $8,712.23 $86,010.92 $90,311.47 $94,827.04 $99,568.39 $104,546.81 Executive Assistant Non-Exempt $3,208.28 $3,368.69 $3,537.13 $3,713.98 $3,899.68 $6,951.27 $7,298.83 $7,663.77 $8,046.96 $8,449.31 $83,415.21 $87,585.97 $91,965.27 $96,563.53 $101,391.71 Recreation Coordinator Non-Exempt $3,086.26 $3,240.57 $3,402.60 $3,572.73 $3,751.36 $6,686.89 $7,021.23 $7,372.30 $7,740.91 $8,127.96 $80,242.68 $84,254.81 $88,467.55 $92,890.93 $97,535.48 Facilities Coordinator Non-Exempt $3,086.26 $3,240.57 $3,402.60 $3,572.73 $3,751.36 $6,686.89 $7,021.23 $7,372.30 $7,740.91 $8,127.96 $80,242.68 $84,254.81 $88,467.55 $92,890.93 $97,535.48 Lead Records Specialist Non-Exempt $2,995.05 $3,144.80 $3,302.04 $3,467.14 $3,640.50 $6,489.27 $6,813.74 $7,154.42 $7,512.15 $7,887.75 $77,871.29 $81,764.85 $85,853.10 $90,145.75 $94,653.04 Accounting Technician I Non-Exempt $2,951.91 $3,099.51 $3,254.48 $3,417.21 $3,588.07 $6,395.81 $6,715.60 $7,051.38 $7,403.95 $7,774.14 $76,749.69 $80,587.17 $84,616.53 $88,847.35 $93,289.72 Records Specialist Non-Exempt $2,720.20 $2,856.20 $2,999.02 $3,148.97 $3,306.41 $5,893.76 $6,188.44 $6,497.87 $6,822.76 $7,163.90 $70,725.08 $74,261.33 $77,974.40 $81,873.12 $85,966.77 Accounting Office Assistant Non-Exempt $2,595.71 $2,725.50 $2,861.77 $3,004.86 $3,155.10 $5,624.04 $5,905.24 $6,200.50 $6,510.53 $6,836.05 $67,488.45 $70,862.87 $74,406.02 $78,126.32 $82,032.63 Office Assistant II Non-Exempt $2,585.85 $2,715.14 $2,850.90 $2,993.44 $3,143.12 $5,602.67 $5,882.81 $6,176.95 $6,485.80 $6,810.08 $67,232.08 $70,593.69 $74,123.37 $77,829.54 $81,721.02 Office Assistant I Non-Exempt $2,322.09 $2,438.19 $2,560.10 $2,688.11 $2,822.51 $5,031.19 $5,282.75 $5,546.89 $5,824.23 $6,115.44 $60,374.28 $63,393.00 $66,562.65 $69,890.78 $73,385.32 Biweekly Monthly Annual

Page 2 of 5 ends

Revised: 06/11/2024 Adopted by City Council 06/11/24
Resolution 2024-XX
267
Agenda Item # 15.

POA: N/A
City of Los Altos - Full Time Salary Schedule FY 24/25
Resolution 2024-XX
POA Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Police Sergeant Non-Exempt $5,689.97 $5,974.47 $6,273.19 $6,586.85 $6,916.20 $12,328.27 $12,944.69 $13,591.92 $14,271.52 $14,985.09 $147,939.26 $155,336.22 $163,103.04 $171,258.19 $179,821.10 Police Corporal Non-Exempt $5,062.14 $5,315.25 $5,581.01 $5,860.06 $6,153.06 $10,967.97 $11,516.36 $12,092.18 $12,696.79 $13,331.63 $131,615.59 $138,196.37 $145,106.19 $152,361.50 $159,979.58 Communications Supervisor Non-Exempt $4,758.17 $4,996.08 $5,245.88 $5,508.18 $5,783.59 $10,309.37 $10,824.84 $11,366.08 $11,934.39 $12,531.11 $123,712.48 $129,898.10 $136,393.01 $143,212.66 $150,373.29 Police Officer Non-Exempt $4,821.61 $5,062.69 $5,315.83 $5,581.62 $5,860.70 $10,446.83 $10,969.17 $11,517.63 $12,093.51 $12,698.18 $125,361.93 $131,630.02 $138,211.53 $145,122.10 $152,378.21 Lead Communications Officer Non-Exempt $4,531.59 $4,758.17 $4,996.08 $5,245.88 $5,508.18 $9,818.45 $10,309.37 $10,824.84 $11,366.08 $11,934.39 $117,821.41 $123,712.48 $129,898.10 $136,393.01 $143,212.66 Police Officer Trainee Non-Exempt $4,414.38 $4,635.10 $4,866.85 $5,110.20 $5,365.71 $9,564.49 $10,042.71 $10,544.85 $11,072.09 $11,625.70 $114,773.87 $120,512.56 $126,538.19 $132,865.10 $139,508.35 Communications Officer Non-Exempt $4,117.71 $4,323.60 $4,539.78 $4,766.77 $5,005.10 $8,921.71 $9,367.79 $9,836.18 $10,327.99 $10,844.39 $107,060.49 $112,413.51 $118,034.19 $123,935.90 $130,132.69 Crime Analyst* Non-Exempt $3,943.64 $4,140.82 $4,347.86 $4,565.26 $4,793.52 $8,544.55 $8,971.78 $9,420.37 $9,891.39 $10,385.96 $102,534.64 $107,661.37 $113,044.44 $118,696.66 $124,631.50 Community Service Officer Non-Exempt $3,242.41 $3,404.53 $3,574.76 $3,753.50 $3,941.17 $7,025.23 $7,376.49 $7,745.31 $8,132.58 $8,539.21 $84,302.71 $88,517.84 $92,943.73 $97,590.92 $102,470.47 Biweekly Monthly Annual

Page 3 of 5 ends

Revised: 06/11/2024 Adopted by City Council 06/11/24
Resolution 2024-XX
268
Agenda Item # 15.

Teamsters: 3.5% increase and Market Adjustments to Individual Classifications effective 06/23/24 City of Los Altos - Full Time Salary Schedule FY 24/25
Resolution 2024-XX
Teamsters Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Wastewater Maintenance Worker Non-Exempt $3,843.09 Open Range $4,671.30 $8,326.69 Open Range $10,121.14 $99,920.28 Open Range $121,453.73 Equipment Mechanic II Non-Exempt $3,660.08 $3,843.09 $4,035.24 $4,237.00 $4,448.85 $7,930.18 $8,326.69 $8,743.02 $9,180.18 $9,639.18 $95,162.17 $99,920.28 $104,916.29 $110,162.11 $115,670.21 Senior Maintenance Technician Non-Exempt $3,660.08 $3,843.09 $4,035.24 $4,237.00 $4,448.85 $7,930.18 $8,326.69 $8,743.02 $9,180.18 $9,639.18 $95,162.17 $99,920.28 $104,916.29 $110,162.11 $115,670.21 Wastewater Maintenance Worker II Non-Exempt $3,493.73 Open Range $4,246.65 $7,569.74 Open Range $9,201.06 $90,836.86 Open Range $110,412.77 Maintenance Leadworker Non-Exempt $3,327.35 $3,493.72 $3,668.40 $3,851.82 $4,044.41 $7,209.26 $7,569.72 $7,948.20 $8,345.61 $8,762.90 $86,511.07 $90,836.62 $95,378.45 $100,147.37 $105,154.74 Equipment Mechanic Non-Exempt $3,327.35 $3,493.72 $3,668.40 $3,851.82 $4,044.41 $7,209.26 $7,569.72 $7,948.20 $8,345.61 $8,762.90 $86,511.07 $90,836.62 $95,378.45 $100,147.37 $105,154.74 Maintenance Technician Non-Exempt $3,327.35 $3,493.72 $3,668.40 $3,851.82 $4,044.41 $7,209.26 $7,569.72 $7,948.20 $8,345.61 $8,762.90 $86,511.07 $90,836.62 $95,378.45 $100,147.37 $105,154.74 Wastewater Maintenance Worker I Non-Exempt $3,169.78 Open Range $3,852.88 $6,867.85 Open Range $8,347.92 $82,414.22 Open Range $100,175.00 Maintenance Worker II Non-Exempt $3,018.84 $3,169.78 $3,328.27 $3,494.68 $3,669.41 $6,540.81 $6,867.85 $7,211.24 $7,571.81 $7,950.40 $78,489.73 $82,414.22 $86,534.93 $90,861.68 $95,404.76 Maintenance Worker I (M) Non-Exempt $2,699.44 $2,834.41 $2,976.13 $3,124.94 $3,281.19 $5,848.79 $6,141.23 $6,448.29 $6,770.71 $7,109.24 $70,185.49 $73,694.77 $77,379.50 $81,248.48 $85,310.90 Biweekly Monthly Annual

Page 4 of 5 ends

Revised: 06/11/2024 Adopted by City Council 06/11/24
Resolution 2024-XX
269
Agenda Item # 15.

Minimum Wage Increase: $17.75 effective 01/01/24
Part-Time Classifications: Market Range Adjustment to Individual Classifications, effective 06/23/24 (R) Market Range Adjustment
City of Los Altos - Part-Time Hourly Rate Schedule FY 24/25 Resolution 2024-XX
Part-Time Classifications Title FLSA Status
Employment
Status
Rate Type Min Max
Project Manager (R) Non-Exempt Part-Time Hourly $42.50 $85.40 Network Engineer (R) Non-Exempt Part-Time Hourly $53.90 $75.90 Public Safety Specialist - Dispatch Non-Exempt Part-Time Hourly $61.77 $75.08 Police Officer (Reserve) - Level I (R) Non-Exempt Part-Time Hourly $67.00 $67.00 Emergency Preparedness Coordinator (R) Non-Exempt Part-Time Hourly $52.35 $63.63 IT Technician (R) Non-Exempt Part-Time Hourly $45.16 $54.89 Parking Enforcement Officer (R) Non-Exempt Part-Time Hourly $44.03 $53.52 Property & Evidence CSO Non-Exempt Part-Time Hourly $43.12 $52.41 Department Support Specialist (R) Non-Exempt Part-Time Hourly $36.00 $46.00 Project Coordinator (R) Non-Exempt Part-Time Hourly $32.32 $44.85 Public Safety Specialist - Records (R) Non-Exempt Part-Time Hourly $34.00 $41.33 Clerical Assistant II (R) Non-Exempt Part-Time Hourly $27.50 $35.00 Preschool Teacher III (R) Non-Exempt Part-Time Hourly $27.50 $33.00 Recreation Specialist Non-Exempt Part-Time Hourly $25.00 $30.00 Maintenance Worker I (R) Non-Exempt Part-Time Hourly $24.50 $30.00 Intern (R) Non-Exempt Temporary Hourly $18.00 $30.00
Clerical Assistant I (R) Non-Exempt Part-Time Hourly $20.00 $29.50 Preschool Teacher II (R) Non-Exempt Temporary Hourly $22.25 $27.50 Summer Camp Director (R) Non-Exempt Seasonal Hourly $20.00 $23.00 Facility Attendant (R) Non-Exempt Part-Time Hourly $17.75 $22.75 Preschool Teacher I (R) Non-Exempt Temporary Hourly $18.75 $22.25 Recreation Leader Non-Exempt Seasonal Hourly $17.75 $21.50 Council Member Non-Exempt Part-Time Stipend Stipend $300.00 / Month Police Officer (Reserve) - Level II Non-Exempt Per-Diem Stipend Stipend $200.00 / Month

Page 5 of 5 ends

Revised: 06/11/2024 Adopted by City Council 06/11/24
Resolution 2024-XX
270
Agenda Item # 15.

Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REAFFIRMING THE FY 2024-25 UTILITY USERS TAX RATE
WHEREAS, the rate of tax for each of the Utility Users Taxes imposed in Section

3.40.070, 3.40.090, and 3.40.110 of the Los Altos Municipal Code does hereby remain fixed and levied at 3.5 percent until further action of the City Council; and WHEREAS, the Los Altos Municipal Code requires that each year, following the adoption of the City’s budget, the City Council will determine the rate to be charged for the Utility Users Tax and shall set that rate in an amount not to exceed the rate authorized by the ordinance; and
WHEREAS, the City Council reviewed and adopted the budget on June 11, 2024.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:

1. The rate of tax for each of the utility users taxes imposed in Sections 3.40.070,

3.40.090, and 3.40.110 of the Los Altos Municipal Code does hereby remain fixed and levied at 3.5 percent until further action of the City Council

2. Maintain this rate to fund general governmental operational expenses as necessary
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
271
Agenda Item # 15.

Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REAFFIRMING THE FY 2024-2025 TRANSIENT OCCUPANCY TAX RATE WHEREAS, on November 6, 2018 the voters of the City of Los Altos approved an increase in the Transient Occupancy Tax from 11% to a maximum of 14%; and WHEREAS, the Los Altos Municipal Code requires that each year, following the adoption of the City’s budget, the City Council will reaffirm the rate for the Transient Occupancy Tax as approved by the voters on November 6, 2018; and WHEREAS, the City Council reviewed and adopted the budget on June 11, 2024.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:

1. Adopt the Transient Occupancy Tax of 14% pursuant to Section 3.36.020

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
272
Agenda Item # 15.

Resolution No. 2024-xxx Page 1
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE FY 2024/25 OPERATING BUDGET
WHEREAS, it has been determined that the adoption of an annual Operating Budget is an effective and prudent management tool; and
WHEREAS, the City Council reviewed the FY 2024/25 Operating Budget at a public meeting held on May 28, 2024 and June 11, 2024; and
WHEREAS, increases in salary ranges are to take effect in the first full pay period in July 2024.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby determines that:

1. The City of Los Altos FY 2024/25 Annual Operating Budget has been presented and reviewed by City Council with regard to the approval of estimated revenues, appropriations, capital projects, and transfers for all City funds in accordance with adopted Financial and Investment Policies; and

2. City programs, services, and activities will be provided and maintained within the confines of this Financial Plan/Operating Budget in a manner consistent with adopted Financial Policies; and

3. Funds are deemed appropriated for those purposes and in amounts contained in said Financial Plan/ Operating Budget and the City Manager is authorized to approve appropriations and transfers of these funds to the extent allowed by law and Financial Policies in implementing the work programs incorporated within the adopted budget; and

4. This budget includes the maintenance of an Operating Reserve of 20%

5. Encumbrances (obligated contract commitments), active capital improvement projects, and active grant awards that have not been completed or received at the end of each fiscal year shall be carried forward and re-appropriated into the next fiscal year.
273
Agenda Item # 15.

Resolution No. 2024-xxx Page 2
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
274
Agenda Item # 15.

Resolution No. 2024-xxx Page 1
RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE FY 2024-29 FIVE-YEAR CAPITAL IMPROVEMENT AND

MAJOR MAINTENANCE PROGRAM (CIMMP)
WHEREAS, the City Council reviewed the FY 2024-29 Capital Improvement and Major Maintenance Program (CIMMP) at a public meeting held on May 28, 2024; and WHEREAS, modifications and/or adjustments identified in the aforementioned public meeting are incorporated within the five-year CIMMP before the Council.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Adopts the FY 2024 – 29 Five-Year Capital Improvement and Major Maintenance Program submitted as presented for those respective fiscal years; and appropriates funds, for all respective funds, for those projects identified within the FY2024/25; and

2. Authorizes the City Manager to proceed with those FY 2024/25 projects identified for implementation or the commencement of planning for them.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
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Agenda Item # 15.

City Council Agenda Report
Meeting Date: June 11, 2024
Prepared By: Nick Zornes
Approved By: Gabe Engeland
Subject: Development Impact Fee and In-Lieu Fee Ordinance & Resolution

COUNCIL PRIORITY AREA
☒Business Communities
☒Circulation Safety and Efficiency
☒Environmental Sustainability
☒Housing
☒Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Two (2) separate actions for City Council consideration:

Introduce an Ordinance of the City Council of the City of Los Altos Adding Chapter 3.60 to Title 3 Revenue and Finance of the Los Altos Municipal Code Enacting Regulations for Development Impact and In-Lieu Fees and find that this Ordinance is exempt from environmental review pursuant to Section 15378(b)(4) and 15273(a)(1) and (a)(2) of the State Guidelines implementing the California Environmental Quality Act of 1970.

Introduce a Resolution of the City Council of the City of Los Altos Adopting Development Impact and In-Lieu Fees Based on the Adopted Nexus Study and find that this Resolution is exempt from environmental review pursuant to Section 15378(b)(4) and 15273(a)(1) and (a)(2) of the State Guidelines implementing the California Environmental Quality Act of 1970.

FISCAL IMPACT
No Applicable.

ENVIRONMENTAL REVIEW
Pursuant to CEQA Guidelines Section 15378(b)(4) and 15273(a)(1) and (a)(2) this item is exempt from environmental review. CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies.

BACKGROUND
On May 28, 2024, the Los Altos City Council adopted a Development Impact Fee Nexus Study to provide a comprehensive review and support for the establishment of Impact Fees within the City. 276
Agenda Item # 16.

Development Impact Fees in California are governed by the Mitigation Fee Act, which includes AB1600 and AB602.

AB1600 specifies that there needs to be reasonable relationship or “nexus” between the fees collected and the services provided. To establish nexus the following must be analyzed:
• Purpose of Fee
• Impact Relationship
• Proportionality
• Benefit Relationship
• Use of Fee Revenue
On January 1, 2022, AB602 went into effect. The bill is applicable to all impact fees adopted or implemented after the effective date. The following are the main criteria of AB602:
• Prior to adoption of any new impact fee, the Nexus Study needs to be adopted (independently) at a Public Hearing with a 30-day notice. • Nexus Study shall demonstrate and explain the service level accomplished by the fee. • Impact Fees shall be proportionate and calculated on a square footage basis.

Additional key provisions and changes apart of AB602:
• Impact Fee schedule and Adopted Nexus Study shall be posted online. • Impact Fees must be collected by the time of final inspection or certificate of occupancy. • Members of the public or developer can contest the impact fee compliance with AB602 and AB1600.
• Impact Fee Nexus Studies are only valid for 8 years maximum.

Program 3.D: Evaluate and adjust impact fees.

The City will evaluate applying the park in-lieu and traffic impact fees on a per square foot basis rather than per unit to encourage the development of higher densities and smaller, more affordable housing units. Based on this evaluation, the City will modify impact fees in accordance with Assembly Bill 602 (AB 602) with completion of the comprehensive fee evaluation.

Responsible Body: Development Services Department, City Council Funding Source: General Fund
Time Frame: Initiate comprehensive fee evaluation August 2023; complete comprehensive fee evaluation and modify fees December 2024 Maximum Justifiable Fee
It is important to note that the Nexus Study, dated May 2024 establishes the Maximum Justifiable Fee allowed to be collected by the City of Los Altos.
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Agenda Item # 16.

The Nexus Study calculates the maximum justifiable Development Impact Fees that can be charged on new development, and therefore, the City Council may adopt reduced Development Impact Fees below the maximum justifiable amount identified within the Nexus Study if doing so effectuates a policy of the City. Additionally, although the City of Los Altos could reduce one (or more) Development Impact Fee the City cannot then in turn raise another Development Impact Fee as each Fee is independently calculated based on the associated impact. All Development Impact Fees contained within the Final Report establish the Maximum Fees allowed.

ANALYSIS
Through the course of this analysis, the project team evaluated impact fees based upon the current projected population impacts between 2024 and 2040. Based on the results, the maximum justifiable impact fees were calculated for Parks and Recreation, Police, General Government, Fire, Library, Transportation, and Commercial Linkage. As outlined in the Mitigation Fee Act, proportional costs associated with future infrastructure impacts, along with administrative overhead, were used to calculate the full cost of the impact fees presented.

It is important to note that AB602 states that residential (single-family and multi-family) should be calculated based upon proportional square footage, rather than per dwelling unit. For compliance with this regulation, all residential fees have been converted to a per square footage calculation.

RECOMMENDATION
Based on the Comprehensive Nexus Study conducted by Matrix Consulting Group, City staff proposes establishing all Development Impact Fees at the Full Cost identified for each impact fee except for the Commercial Linkage Fee. Full implementation of this recommendation does necessitate modification to existing Municipal Code chapters, which are included as a part of this recommendation.

The following table identifies the recommended Development Impact Fees:

Parks and Recreation Impact Fee
Category Full Cost
Single-Family $12.12/sqft.

Multi-Family $44.15/sqft.

Public Art Development Fee
All Development 1% of Construction Cost
Public Safety Impact Fee
Single-Family $0.09/sqft.

Multi-Family $0.34/sqft.

Commercial/Retail $1.22/sqft.

Office $1.62/sqft.

General Government Impact Fee
Single-Family $0.13/sqft.

Multi-Family $0.48/sqft.
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Agenda Item # 16.

Commercial/Retail $2.14/sqft.

Office $2.86/sqft.

Transportation Impact Fee
Single-Family $1.55/sqft.

Multi-Family $6.29/sqft.

Commercial/Retail $10.71/sqft.

Office $9.45/sqft.

Commercial Linkage Fee
Commercial/Retail $35.10/sqft.

Office $12.25/sqft.

ATTACHMENTS

1. Draft Ordinance – Adopting Chapter 3.60

2. Appendix A – Chapter 3.60 Text

3. Draft Resolution – Adopting Development Impact & In-Lieu Fees

4. Draft Ordinance – Repealing Chapter 3.48

5. Appendix A – Chapter 3.48 Text

6. Draft Ordinance – Amending Chapter 3.49

7. Appendix A – Chapter 3.49 Text
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Agenda Item # 16.
1 ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 3.60 TO TITLE 3 REVENUE AND FINANCE OF THE LOS ALTOS

MUNICIPAL CODE ENACTING REGULATIONS FOR DEVELOPMENT IMPACT

AND IN-LIEU FEES
WHEREAS, the mitigation Fee Act contained in Government Code Section 66000 permits the City to impose development impact fees on new development for the purposes of funding public facilities necessary to serve that new development; and WHEREAS, the City of Los Altos has existing Development Impact Fees; and WHEREAS, new development projects attract new residents and employees to the City, generating an increased demand for park, transportation, public safety and general government facilities; and
WHEREAS, the City of Los Altos has determined that City parks, transportation, public safety and general government facilities are reaching capacity, and that the city requires a costeffective and efficient way of serving future residents and employees while maintain existing levels of service; and
WHEREAS, the City of Los Altos wishes to update existing Development Impact fees, and establish new Development Impact Fees in direct relationship to associated development within the City; and
WHEREAS, the City desires to adopt a Park Impact Fee on new development to fund the costs associated with increased demand for community parks and recreational facilities created by new development; and
WHEREAS, the City Council has determined additional funds are necessary for maintain and operating the City’s Public Safety Infrastructure; and WHEREAS, the City Council desires to acquire vehicles and transportation-related equipment and improve, replace and/or construct one or more public safety facilities to serve new development in the City; and
WHEREAS, the City Council has determined that the creation of a Public Safety Impact Fee on new development within the City would provide the necessary funding for police and fire services related to new development; and
WHEREAS, the City’s General Plan and Complete Streets Master Plan calls for strategies to provide an efficient, reliable, and convenient transit system; improved bicycle routes; and a balanced street system to serve automobiles, pedestrians, bicycles, and transit; and WHEREAS, it is appropriate for new development to pay for improvements and development to the transportation network proportionate to the demands the new development places on the City’s transportation infrastructure; and 280
Agenda Item # 16.
2 WHEREAS, the City desires to impose a Transportation Impact Fee on new development to fund the costs associated with maintaining adequate street and transportation facilities related to new development; and
WHEREAS, the City Council has determined additional funds are necessary for maintain and operating the City’s General Government Infrastructure related to Municipal Operations; and WHEREAS, the City Council desires to replace and/or construct new municipal facilities to serve new development in the City; and
WHEREAS, the City Council has determined that the creation of a General Government Impact Fee on new development within the City would provide the necessary funding for municipal operations related to new development; and
WHEREAS, the City Council has determined the physical development or funding of public art within the community is necessary; and
WHEREAS, the City Council has determined that the creation of a Public Art Development Fee on new development within the City would provide the necessary funding for public art within the community related to new development; and WHEREAS, the City Council has determined funds are necessary for mitigating the impacts associated with non-residential development with the City; and WHEREAS, the City Council has determined that the creation of a Commercial Linkage Fee on new development within the City would provide the necessary funding for the creation of affordable housing related to new development; and
WHEREAS, the City Council has determined funding the creation of affordable housing is necessary to further the City’s Housing related goals; and WHEREAS, the City Council has determined that the creation of an Affordable Housing Fee on new development within the City in-lieu of construction of affordable units onsite would provide the necessary alternatives in helping to construct more housing within the City; and WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, Program 2.B of the Housing Element calls for the establishment of an affordable housing in-lieu fee; and
WHEREAS, Program 2.B of the Housing Element requires the City of Los Altos to conduct a feasibility analysis to support the establishment of an affordable housing in-lieu fee for residential development; and
WHEREAS, Program 2.B of the Housing Element requires the City of Los Altos to adopt an affordable housing in-lieu fee based on the feasibility study prepared; and 281
Agenda Item # 16.
3 WHEREAS, on January 23, 2024, the City Council adopted an Inclusionary Housing InLieu Fee based on the results of the Inclusionary Housing Economic Feasibility Study completed by Bae Urban Economics; and
WHEREAS, Program 3.D of the Housing Element calls for the City of Los Altos to Evaluate and Adjust Impact Fees; and
WHEREAS, Program 3.D of the Housing Element expressly requires the modification of Development Impact Fees to be charged on a per square foot basis rather than per unit to encourage the development of higher densities and smaller, more affordable housing units; and WHEREAS, Program 3.D of the Housing Element expressly requires the modification of Development Impact Fees to be completed no later than December 2024; and WHEREAS, Government Code Section 66016 requires the City of Los Altos adopt a Nexus Study to support modifications to existing Development Impact Fees, and the establishment of new Development Impact Fees; and
WHEREAS, consultant Matrix Consulting Group, and subconsultants DKS Associates, and Strategic Economics on behalf of the City of Los Altos prepared the Development Impact Fee Nexus Study dated May 2024 (the “Nexus Study”); and
WHEREAS, the Nexus Study substantiates a methodology that will charge each new development project only for the costs necessary to mitigate the impacts expected to be caused by that development project; and
WHEREAS, there is a reasonable relationship between the Development Impact Fees and the development projects on which the Fees will be imposed because the Fees will only fund costs necessitated by each new development; and
WHEREAS, the Development Impact Fees will not exceed the estimated reasonable cost of providing the land and facilities for which the Fees are imposed; and WHEREAS, the Development Impact Fees will not be levied, collected, or imposed for general revenue purposes, but are levied specifically to fund facilities of the types set forth in the Nexus Study; and
WHEREAS, the Nexus Study establishes proposed amounts and provides an evaluation of the need for new Development Impact Fees and establishes the nexus between the imposition of the new Fees and the estimated reasonable costs of providing the services for which the Fees are charged; and
WHEREAS, the Nexus Study identifies the City’s existing level of parks, transportation, public safety and general government services, identifies the level of service, and includes an explanation of why the level of service is appropriate; and WHEREAS, the Nexus Study includes information that supports the City’s actions, as required by Government Code Section 66001(a); and
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4 WHEREAS, the Nexus Study calculates the maximum justifiable Development Impact Fees that can be charged on new development, and therefore, the City Council may adopt reduced Development Impact Fees below the maximum justifiable amount identified within the Nexus Study if doing so effectuates a policy of the City; and WHEREAS, on May 28, 2024, the City Council adopted a Nexus Study for Development Impact Fees in Compliance with Assembly Bill 602 (AB602) following a thirty-day public notice and review period; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on June 11, 2024, and June 25, 2024; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15378(b)(4) and 15273(a)(1) and (a)(2) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF TITLE 3 OF THE MUNICIPAL CODE. Chapter 3.60 is hereby added to the Los Altos Municipal Code as set forth in Appendix A to this Ordinance, underline indicates addition, strikethrough indicates deletion.

SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.

SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the sixty-first day following the adoption hereof.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on June 11, 2024, and was thereafter, at a regular meeting held on June 25, 2024, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jonathan D. Weinberg, MAYOR
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5 Attest:
____________________________
Melissa Thurman MMC, City Clerk
284
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APPENDIX A
AMENDMENTS TO CHAPTER 3.60
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APPENDIX A

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Chapter 3.60 DEVELOPMENT IMPACT AND IN-LIEU FEES

3.60.010 Purpose.

Development Impact and In-Lieu Fees are fees imposed on specific development projects to defray the cost of new or additional public facilities that are needed to serve those developments. Common types of impact and in-lieu fees include traffic mitigation, multi-modal transportation facilities fees, park facilities fees, sewer facilities fees, library facilities fees, public art fees, public safety facilities fees, general government facilities fees, and commercial linkage fees. For purposes of this chapter the term “fee” shall be used to refer to any such development impact or in-lieu fee, regardless of how denominated elsewhere in this code.

3.60.015 Applicability.

A. This Chapter applies to any development impact and in-lieu fee payment imposed under any provision of this code.

B. The following fees are hereby established and shall be imposed as a condition of the approval of, or permit for, any development, whether residential or nonresidential, except as otherwise exempted by this chapter:
i. A fee, known as a “Park Impact Fee,” to fund acquisition of land and improvements for parks within the City of Los Altos, in an amount as set forth in the municipal fee schedule. ii. A fee, known as a “Transportation Impact Fee,” to expand the citywide multimodal transportation network to accommodate increased demand from new development within the City of Los Altos, in an amount as set forth in the municipal fee schedule. iii. A fee, known as a “Public Safety Impact Fee,” to upgrade existing Police and Fire stations, relocate, and reconstruct existing stations, as well as replace outdated public safety equipment within the City of Los Altos, in an amount as set forth in the municipal fee schedule. iv. A fee, known as a “General Government Impact Fee,” to upgrade existing City Hall, Public Works Facilities, Library Branches and City equipment within the City of Los Altos, in an amount as set forth in the municipal fee schedule.
v. A fee, known as a “Public Art Development Fee,” to either place public art on private property or contribute to the public art fund within the City of Los Altos, in an amount as set forth in the municipal fee schedule and implementing ordinance.
vi. A fee, known as a “Commercial Linkage Fee,” to impose a fee on new development for its impact on creating the need for affordable housing in the community within the City of Los Altos, in an amount as set forth in the municipal fee schedule.
vii. A fee, known as a “Affordable Housing Fee,” to either construct inclusionary housing units onsite as a part of new development or contribute to the affordable housing fund within the City of Los Altos, in an amount as set forth in the municipal fee schedule.

3.60.020 Exemptions.

The provision of this chapter shall not apply to the following:

A. Any city-owned buildings, structures or parcels;
B. Public school buildings or structures for the use of education facilities; C. Residential housing units, either for sale or rental, which, by recordable means, is permanently obligated to be 100% affordable;
D. Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be charged for an accessory dwelling unit of 750 square feet or more shall be proportional to the square footage of the primary dwelling unit;
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E. Junior accessory dwelling units (JADU).

3.60.025 Establishment of Fees.

The establishment of any fee shall be supported by an adopted Nexus Study consistent with all provisions of the Mitigation Fee Act. To establish a nexus between new development and the need for new facilities or infrastructure each fee shall determine the following the purpose of the fee, impact relationship, proportionality, benefit relationship and the use of fee revenue.

3.60.030 Annual Adoption of Fees.

All fees shall be adopted annually during the City of Los Altos annual budget process unless modification of fees prior is necessary to meet the intent or legal requirement of the fee.

3.60.035 Creation of Separate Fund Accounts.

The Finance Director is hereby directed to establish and maintain the following funds, into which all fees of each type described in this chapter, and any interest thereon, shall be deposited. Each fund shall be maintained as a separate account in a manner to avoid any commingling of the fees with other revenues, funds or accounts of the city. The separate funds established by this Chapter are:

A. Park Development Fund;
B. Transportation Improvement Fund;
C. Public Safety Fund;
D. General Government Fund;
E. Public Art Development Fund;
F. Affordable Housing Fund.

3.60.040 Payment of Fees.

A fee shall be paid on or before the issuance of the first building permit for the project. For a phased project, payments may be made for each portion of a phased project prior to issuance of the first building permit for that phase. If there is no building permit for the project, the fee shall be paid upon issuance of the first city permit or other approval. If no city permit(s) or other approval is required, and the obligation to pay the fee is triggered by a change in use, payment of the fee must be made before the change in use occurs.

3.60.045 Deferred Payment of Fees.

For housing developments only as defined by the Housing Accountability Act (HAA), payment of a development impact fee (excluding any in-lieu fee) may be deferred to the date of final building inspection approval of the development, provided the owner of the real property for which the fees are required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which from the date of recordation, shall constitute a lien on the property and shall be enforceable against successors in interest to the property owner. The agreement shall provide that final occupancy approval shall not be given until the fees are paid. The Development Services Director or their designee may execute the agreement on behalf of the city in a form acceptable to the city attorney.

3.60.050 Calculation of Fees.

A fee shall be payable at the rate specified in the City Council adopted municipal fee schedule. When the Calculation of Fees is determined based upon a square footage basis for a housing development the fee shall take into account only habitable square footage as defined by the California Building Code.

3.60.055 Credit of Existing Habitable Square Footage.

Credit of existing habitable square footage shall only be given for existing square footage that is known and provided on the latest County of Santa Clara Assessors Office Tax Roll. No credit shall be provided for nonhabitable square footage. Any proposed development shall pay the net new habitable square footage above the existing assessed square footage.
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3.60.060 Notice of Protest Rights.

A. Each applicant is hereby notified that, in order to protest the imposition of any impact fee required by this chapter, the protest must be filed in accordance with the requirements of this chapter and the Mitigation Fee Act. Failure of any person to comply with the protest requirements of this chapter or the Mitigation Fee Act shall bar that person from any action or proceeding or any defense of invalidity or unreasonableness of the imposition.

B. On or before the date on which payment of the fee is due, the applicant shall pay the full amount required by the city and serve a written notice to the Development Services Director with all of the following information:

1. a statement that the required payment is tendered, or will be tendered when due, under protest; and

2. a statement informing the city of the factual elements of the dispute and the legal theory forming the basis for the protest.

3. The applicant shall bear the burden of proving, to the satisfaction of the director, entitlement to a fee adjustment.

3.60.065 Informal Hearing.

A. The director shall schedule an informal hearing regarding the protest, to be held no later than sixty days after the imposition of the impact fees upon the development project, and with at least ten days' prior notice to the applicant (unless either date are otherwise agreed by the director and the applicant).

B. During the informal hearing, the director shall consider the applicant's protest, relevant evidence assembled as a result of the protest, and any additional relevant evidence provided during the informal hearing by the applicant and the city. The director shall provide an opportunity for the applicant to present additional evidence at the hearing in support of the protest.

C. The director shall issue a written determination regarding the protest. The director's determination shall support the fee imposed upon the development project unless the applicant establishes, to the satisfaction of the director, entitlement to an adjustment to the fee.

D. The director may elect to appoint a designee to hear and decide a protest under this section.

3.60.070 Appeal of Director Determination.

A. Any applicant who desires to appeal a determination issued by the director shall submit a written appeal to the director and the city manager. A complete written appeal shall include a complete description of the factual elements of the dispute and the legal theory forming the basis for the appeal of the director's determination. An appeal received by the city manager more than ten calendar days after the director's determination may be rejected as late. Upon receipt of a complete and timely appeal, the city manager shall appoint an independent hearing officer to consider and rule on the appeal.

B. The independent hearing officer shall, in coordination with the applicant and the director, set the time and place for the appeal hearing, and provide written notice thereof. The independent hearing officer shall consider relevant evidence, provide an opportunity for the applicant and the city to present additional noncumulative evidence at the hearing, and preserve the complete administrative record of the proceeding.

C. Within thirty days after the independent hearing officer closes the hearing and receives post-hearing briefs (if any), the independent hearing officer shall issue a written decision on the appeal hearing which shall include a statement of findings of fact in support of the decision. The independent hearing officer's discretion shall be limited to a determination that either supports the director's determination or orders the city to refund all or a portion of the impact fees to the applicant. The applicant shall bear the burden of proving entitlement to a fee adjustment. The decision of the hearing officer is final and conclusive and is subject to judicial review.

3.60.075 Cost of Appeal/Protest.
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The applicant shall pay all city costs related to any protest or appeal pursuant to this chapter, in accordance with the fee schedule adopted by the city. At the time of the applicant's protest, and at the time of the applicant's appeal, the applicant shall pay a deposit in an amount established by the city to cover the estimated reasonable cost of processing the protest and appeal. If the deposit is not adequate to cover all the city costs, the applicant shall pay the difference within twenty days after receipt of written notice from the director.

3.60.080 Administration.

The city manager or their designee is authorized to adopt administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth in this code. All such administrative regulations or guidelines must be in writing. Such regulations or guidelines may interpret any provision of this chapter, as well as any provision of this code relating to the calculation of a fee.

3.60.085 Annual Adjustments.

Annual adjustments will provide the ability to increase any fee covered by this chapter based upon the Construction Code Index (CCI). Annual increase based upon CCI shall only be allowed for eight (8) years post adoption of the Nexus Study. The City of Los Altos shall reevaluate its development impact and in-lieu fees no later than every eight (8) years.

3.60.090 Annual Reporting.

Pursuant to Government Code Section 66006 within 180-days of the close of the fiscal year, the City of Los Altos must make available to the public detailed information regarding impact fees. The annual reporting required as a part of this chapter must be submitted and reviewed by the City Council within 15 days of being posted publicly.

The detailed information shall include but is not limited to:

1. Impact Fee Description and Fund Number;

2. Impact Fee Amount;

3. Beginning and Ending balance of the account or fund;

4. Amount of the fees collected in the fiscal year and the total interest earned;

5. Identification of project(s) one which the funds are being earmarked for;

6. Identification of the approximate date on which the projects would commence;

7. Identification of any interfund loans or transfers related to capital projects, and the amount of the transfer;

8. Amount of any refunds or allocations made on behalf of the impact fee funds.

3.60.095 Severability.

If any portion of this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this code. The city council declares that this chapter and each portion would have been adopted without regard to whether any portion of this chapter would be later declared invalid, unconstitutional, or unenforceable. 289
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1 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

ADOPTING DEVELOPMENT IMPACT AND IN-LIEU FEES BASED ON THE

ADOPTED NEXUS STUDY
WHEREAS, the Los Altos Municipal Code specifies that certain fees and charges shall be set by Resolution of the City Council; and
WHEREAS, the mitigation Fee Act contained in Government Code Section 66000 permits the City to impose development impact fees on new development for the purposes of funding public facilities necessary to serve that new development; and WHEREAS, the City of Los Altos has existing Development Impact Fees; and WHEREAS, new development projects attract new residents and employees to the City, generating an increased demand for park, transportation, public safety and general government facilities; and
WHEREAS, the City of Los Altos has determined that City parks, transportation, public safety and general government facilities are reaching capacity, and that the city requires a costeffective and efficient way of serving future residents and employees while maintain existing levels of service; and
WHEREAS, the City of Los Altos wishes to update existing Development Impact fees, and establish new Development Impact Fees in direct relationship to associated development within the City; and
WHEREAS, the City desires to adopt a Park Impact Fee on new development to fund the costs associated with increased demand for community parks and recreational facilities created by new development; and
WHEREAS, the City Council has determined additional funds are necessary for maintain and operating the City’s Public Safety Infrastructure; and WHEREAS, the City Council desires to acquire vehicles and transportation-related equipment and improve, replace and/or construct one or more public safety facilities to serve new development in the City; and
WHEREAS, the City Council has determined that the creation of a Public Safety Impact Fee on new development within the City would provide the necessary funding for police and fire services related to new development; and
WHEREAS, the City’s General Plan and Complete Streets Master Plan calls for strategies to provide an efficient, reliable, and convenient transit system; improved bicycle routes; and a balanced street system to serve automobiles, pedestrians, bicycles, and transit; and WHEREAS, it is appropriate for new development to pay for improvements and development to the transportation network proportionate to the demands the new development places on the City’s transportation infrastructure; and 290
Agenda Item # 16.
2 WHEREAS, the City desires to impose a Transportation Impact Fee on new development to fund the costs associated with maintaining adequate street and transportation facilities related to new development; and
WHEREAS, the City Council has determined additional funds are necessary for maintain and operating the City’s General Government Infrastructure related to Municipal Operations; and WHEREAS, the City Council desires to replace and/or construct new municipal facilities to serve new development in the City; and
WHEREAS, the City Council has determined that the creation of a General Government Impact Fee on new development within the City would provide the necessary funding for municipal operations related to new development; and
WHEREAS, the City Council has determined the physical development or funding of public art within the community is necessary; and
WHEREAS, the City Council has determined that the creation of a Public Art Development Fee on new development within the City would provide the necessary funding for public art within the community related to new development; and WHEREAS, the City Council has determined funds are necessary for mitigating the impacts associated with non-residential development with the City; and WHEREAS, the City Council has determined that the creation of a Commercial Linkage Fee on new development within the City would provide the necessary funding for the creation of affordable housing related to new development; and
WHEREAS, the City Council has determined funding the creation of affordable housing is necessary to further the City’s Housing related goals; and WHEREAS, the City Council has determined that the creation of an Affordable Housing Fee on new development within the City in-lieu of construction of affordable units onsite would provide the necessary alternatives in helping to construct more housing within the City; and WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, Program 2.B of the Housing Element calls for the establishment of an affordable housing in-lieu fee; and
WHEREAS, Program 2.B of the Housing Element requires the City of Los Altos to conduct a feasibility analysis to support the establishment of an affordable housing in-lieu fee for residential development; and
WHEREAS, Program 2.B of the Housing Element requires the City of Los Altos to adopt an affordable housing in-lieu fee based on the feasibility study prepared; and WHEREAS, on January 23, 2024, the City Council adopted an Inclusionary Housing InLieu Fee based on the results of the Inclusionary Housing Economic Feasibility Study completed by Bae Urban Economics; and
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3 WHEREAS, Program 3.D of the Housing Element calls for the City of Los Altos to Evaluate and Adjust Impact Fees; and
WHEREAS, Program 3.D of the Housing Element expressly requires the modification of Development Impact Fees to be charged on a per square foot basis rather than per unit to encourage the development of higher densities and smaller, more affordable housing units; and WHEREAS, Program 3.D of the Housing Element expressly requires the modification of Development Impact Fees to be completed no later than December 2024; and WHEREAS, Government Code Section 66016 requires the City of Los Altos adopt a Nexus Study to support modifications to existing Development Impact Fees, and the establishment of new Development Impact Fees; and
WHEREAS, consultant Matrix Consulting Group, and subconsultants DKS Associates, and Strategic Economics on behalf of the City of Los Altos prepared the Development Impact Fee Nexus Study dated May 2024 (the “Nexus Study”); and
WHEREAS, the Nexus Study substantiates a methodology that will charge each new development project only for the costs necessary to mitigate the impacts expected to be caused by that development project; and
WHEREAS, there is a reasonable relationship between the Development Impact Fees and the development projects on which the Fees will be imposed because the Fees will only fund costs necessitated by each new development; and
WHEREAS, the Development Impact Fees will not exceed the estimated reasonable cost of providing the land and facilities for which the Fees are imposed; and WHEREAS, the Development Impact Fees will not be levied, collected, or imposed for general revenue purposes, but are levied specifically to fund facilities of the types set forth in the Nexus Study; and
WHEREAS, the Nexus Study establishes proposed amounts and provides an evaluation of the need for new Development Impact Fees and establishes the nexus between the imposition of the new Fees and the estimated reasonable costs of providing the services for which the Fees are charged; and
WHEREAS, the Nexus Study identifies the City’s existing level of parks, transportation, public safety and general government services, identifies the level of service, and includes an explanation of why the level of service is appropriate; and WHEREAS, the Nexus Study includes information that supports the City’s actions, as required by Government Code Section 66001(a); and
WHEREAS, the Nexus Study calculates the maximum justifiable Development Impact Fees that can be charged on new development, and therefore, the City Council may adopt reduced Development Impact Fees below the maximum justifiable amount identified within the Nexus Study if doing so effectuates a policy of the City; and 292
Agenda Item # 16.
4 WHEREAS, on May 28, 2024, the City Council adopted a Nexus Study for Development Impact Fees in Compliance with Assembly Bill 602 (AB602) following a thirty-day public notice and review period; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on June 11, 2024; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15378(b)(4) and 15273(a)(1) and (a)(2) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW THEREFORE, that the City Council of the City of Los Altos hereby adopts the following development impact and in-lieu fees:

Parks and Recreation Impact Fee
Category Full Cost
Single-Family $12.12/sqft.

Multi-Family $44.15/sqft.

Public Art Development Fee
All Development 1% of Construction Cost
Public Safety Impact Fee
Single-Family $0.09/sqft.

Multi-Family $0.34/sqft.

Commercial/Retail $1.22/sqft.

Office $1.62/sqft.

General Government Impact Fee
Single-Family $0.13/sqft.

Multi-Family $0.48/sqft.

Commercial/Retail $2.14/sqft.

Office $2.86/sqft.

Transportation Impact Fee
Single-Family $1.55/sqft.

Multi-Family $6.29/sqft.

Commercial/Retail $10.71/sqft.

Office $9.45/sqft.

Commercial Linkage Fee
Commercial/Retail $35.10/sqft.

Office $12.25/sqft.

BE IT FURTHER RESOLVED that the resolution shall be effective upon the commencement of the sixty-first day post adoption and shall remain in effect until a new Resolution amending the same is adopted by the City Council.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 11th day of June 2024 by the following vote:
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5 AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
294
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1 ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

REPEALING IN ITS ENTIRETY THE TRAFFIC IMPACT FEE ORDINANCE, CHAPTER 3.48 OF THE LOS ALTOS MUNICIPAL CODE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council repeals in its entirety the Traffic Impact Fee Ordinance, Chapter

3.48 of the Los Altos Municipal Code; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15378(b)(4) and 15273(a)(1) and 15273(a)(2) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF CHAPTER 3.48 OF THE MUNICIPAL CODE. Chapter

3.48 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, and strikethrough indicating deletion.

SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Director of Development Services, in their reasonable discretion, after consulting the City Attorney.

SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the sixty-first day following the adoption hereof.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on __, 2024, and was thereafter, at a regular meeting held on ___, 2024, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jonathan D. Weinberg, MAYOR
295
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2 Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
296
Agenda Item # 16.

APPENDIX A
AMENDMENTS TO CHAPTER 3.48
297
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APPENDIX A
Title 3 - REVENUE AND FINANCE
Chapter 3.48 RESERVED TRAFFIC IMPACT FEE
Los Altos, California, Code of Ordinances Created: 2024-04-02 13:07:39 [EST] (Supp. No. 41, Update 1)

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Chapter 3.48 RESERVED TRAFFIC IMPACT FEE
Sections:

3.48.010 RESERVED FOR FUTURE USE Authority.

This chapter is enacted pursuant to Sections 66000 through 66008 of the California Government Code. The fees established are based on an analysis of potential future growth and its impact on the city's transportation system as identified in the 2005 city of Los Altos traffic impact fee program report, herein referred to as the traffic impact fee report.
(Ord. 05-286 § 1 (part))

3.48.020 Application.

This chapter applies to fees charged as a condition of development approval to defray the cost of certain transportation improvements required to serve new development within the city. This chapter does not replace other subdivision map exactions or other measures required to mitigate site-specific impacts of a development project including, but not limited to, mitigations pursuant to the California Environmental Quality Act, regulatory and processing fees, fees required pursuant to a development agreement, or assessment district proceedings, benefit assessments, or taxes.
(Ord. 05-286 § 1 (part))

3.48.030 Intent and purpose.

A. Adequate transportation improvements are needed to protect the health, safety, and general welfare of the citizens, to facilitate transportation, and to promote economic well-being within the city. Transportation improvements are provided for residents, businesses, and employees within the city. Individual traffic improvements are part of an integrated transportation system serving and providing benefits to the entire city. New development within the city will create an additional burden on the existing street system.

Improvements to the existing street system in the city are needed both to mitigate the cumulative impacts of new development and to accommodate future development by maintaining the appropriate level of service on streets and intersections, or providing offsetting sidewalk and bicycle improvements to meet the goals and policies of the city's general plan and the county of Santa Clara's congestion management program requirements.

B. All types of development require and use the street system. There are no adequate public funds available to maintain designated levels of service at all intersections in the city. In order to ensure that the appropriate level of service is maintained and to promote the health, safety, and general welfare of the community, it is necessary that new development pay a fee representing its share of costs of the necessary improvements.

The traffic impact fee is based upon the evidence that new development generates additional residents, employees, and structures, which in turn place an additional cumulative burden upon the local street system, and should be expected to pay a share of the new facilities.

C. The purpose of this fee is to help provide adequate transportation-related improvements to serve cumulative development within the city. However, the fee does not replace the need for all site-specific 298
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traffic improvements that may be needed to mitigate the impact of specific projects upon the city's street system. The transportation improvements for which the fee will be used are identified in the city's capital improvement program and/or in the traffic impact fee report in effect at the time this chapter is enacted or as subsequently amended.
(Ord. 05-286 § 1 (part))

3.48.040 Fee requirement.

A. A traffic impact fee is hereby imposed on new development which generates traffic and meets the requirements of this section. The amount of the fee shall be established periodically by the city council. The fee shall be based on the percentage of the cost of the new improvements attributable to new development as determined in the traffic impact fee program report in effect at the time this chapter is enacted or as subsequently amended.

B. The fee shall be applicable to development projects throughout the city as follows:

1. Single-family housing— per residential unit;

2. Multiple-family housing—per residential unit;

3. Senior housing—per residential unit;

4. Commercial—per one thousand (1,000) gross square feet;

5. Office—per one thousand (1,000) gross square feet.

C. Residential units and nonresidential uses shall only be charged for net increases. No fee shall be charged for the remodeling, restoration or replacement of an existing residential unit or the remodeling, restoration or replacement of existing gross floor area for a nonresidential use.

D. When a multiple-family or senior housing project replaces a nonresidential project the traffic impact fee shall either be the unit cost for every one thousand (1,000) square feet of net new building area, or the unit cost for the total number of residential units, whichever is less.

E. The city engineer shall determine the appropriate traffic impact fee for projects that do not fall into one of the categories defined herein based on the number of additional p.m. peak hour trips the project generates in excess of any current p.m. peak hour trips generated by current site uses, as indicated in the most current edition of the Institute of Transportation Engineers Trip Generation Manual and based on the traffic impact fee program report in effect at the time this chapter is enacted or as subsequently amended. Any determination made by the city engineer pursuant to this subsection may be appealed to the city council. (Ord. 08-325 § 1: Ord. 05-286 § 1 (part))

3.48.050 Fee adjustment.

A. The traffic impact fee shall be adjusted automatically each July 1st by the increase or decrease in the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31st of the preceding calendar year.

B. In addition to the automatic adjustment of subsection A of this section, the city council may periodically adjust the traffic impact fee to reflect revisions in the transportation improvement projects, increases in land values or other factors.
(Ord. 08-325 § 2: Ord. 05-286 § 1 (part))
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3.48.060 Fee payment.

The fee shall be paid in full to the city before any building permit is issued or any final subdivision map is recorded, whichever is applicable or occurs first.
(Ord. 05-286 § 1 (part))

3.48.070 Authority for additional mitigation.

Fees collected pursuant to this chapter are not intended to replace or limit requirements to provide mitigation of traffic impacts not mitigated by the fee, created by a specific project, and imposed upon development projects as part of the development review process. (Ord. 05-286 § 1 (part))

3.48.080 Exemptions.

Public park facilities, city buildings, and those government facilities entitled to an exemption under law are exempt from the traffic impact fee.
(Ord. 05-286 § 1 (part))

3.48.090 Fee credit.

The city engineer may adjust the fee imposed pursuant to this chapter in consideration for certain on-site and off-site facilities or improvements constructed or paid for by the developer. In determining an adjustment, the director shall consider a credit for the value of improvements if the improvements are identified in the city's capital improvement program and/or the traffic impact fee report in effect at the time this chapter is enacted or as subsequently amended. Credit shall not be given for subdivision map exactions or other measures required to mitigate site-specific impacts of a development project. (Ord. 05-286 § 1 (part))

3.48.100 Accumulation and use of funds.

A. The city shall deposit the fees collected under this chapter in a special fund designated solely for transportation improvements.

B. The fees and interest earned on accumulated funds shall be used only to:

1. Complete the traffic improvement projects specified in the city's capital improvement program and/or the traffic impact fee report in effect at the time this chapter is enacted or as subsequently amended; or

2. Pay costs required for the administration of this chapter. (Ord. 05-286 § 1 (part))
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3.48.110 Periodic review.

The fee authorized by this chapter, and as established by the traffic impact fee report, shall be reviewed every five years in order to make findings required by the California Government Code. (Ord. 05-286 § 1 (part))
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Agenda Item # 16.
1 ORDINANCE NO. 2024-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 3.49 OF TITLE 3 REVENUE AND FINANCE OF THE LOS

ALTOS MUNICIPAL CODE FOR AFFORDABLE HOUSING FEES
WHEREAS, the amendments was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council held a duly noticed public meeting on June 11, 2024, and June 25, 2024; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF TITLE 3 OF THE MUNICIPAL CODE. Chapter 3.49 is hereby amended of the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.

SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the sixty-first day following the adoption hereof.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Jonathan D. Weinberg, MAYOR
302
Agenda Item # 16.
2 Attest:
____________________________
Melissa Thurman MMC, City Clerk
303
Agenda Item # 16.

APPENDIX A
AMENDMENTS TO CHAPTER 3.49
304
Agenda Item # 16.

APPENDIX A
Title 3 - REVENUE AND FINANCE
Chapter 3.4962 AFFORDABLE HOUSING IMPACT FEES

Page 1 of 5 ends

Chapter 3.49 3.62 AFFORDABLE HOUSING IMPACT FEES

3.4962.010 Purpose.

This chapter requires the payment of housing impact fees for the impact of residential and non-residential development on the need for affordable housing in the City of Los Altos and to implement the housing element of the city's general plan and California Government Code Section 65583(c), which expresses the state housing policy that requires cities to assist in the development of adequate housing to meet the needs of lower income households.

3.4962.020 Affordable Housing Fund. Housing mitigation fund.

All housing impact fees associated with the creation or retention of affordable housing shall be placed in the city's affordable housing mitigation fund and used to support the development and retention of affordable housing within the city and the region.

3.4962.030 Applicability.

A. New Construction. Projects that include, single-family parcels, new market rate multiple-family dwelling ownership units, new market rate rental housing units and non-residential construction shall be subject to the affordable housing impact fees required in this chapter. Payment of the affordable housing impact fees shall be a condition of approval for all development projects subject to this chapter.

B. Pipeline Projects. The following development projects shall be exempt from payment of the affordable housing impact fees required in this chapter:

1. Projects for which a development application pursuant to this title has been filed and deemed complete by July 13, 2018; and

2. Projects that have received final approval pursuant to this title by July 13, 2018, and which are subsequently the subject of a pending application for modifications to the approved plans or permit, except that any increase in floor area from the amount already approved shall be subject to the housing impact fees required by this chapter.

3.4962.040 Affordable Housing impact fFee.

A. Adoption of Affordable Housing Impact Fees. Affordable Housing impact fFees amounts for each applicable use shall be established by city council resolution, which may be amended from time to time by council. The fee amounts shall be adjusted annually based on the provisions set forth in Chapter 3.60 of the Los Altos Municipal Code. on the Consumer Price Index for all urban consumers for the San Francisco-Oakland-San Jose area unless otherwise modified by council. Such fees shall not exceed the cost of mitigating the impact of developments on the need for housing for lower-income households in the city.

B. Timing of Payment. Housing impact fFees shall be paid in accordance with the provisions set forth in Chapter

3.60 of the Los Altos Municipal Code. prior to issuance of the first building permit for the project. A developer may pay all or a portion of the fee owed at any time prior to issuance of the building permit, at the rate in effect at the time payment is made. For phased projects, the amount due shall be paid on a pro rata basis across the entire square footage of the approved development, and each portion shall be paid prior to the issuance of any building permit for each phase.
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3.4962.050 Affordable Housing impact fFees for residential ownership development.

A. Applicability. Affordable housing impact fees shall be imposed on all new residential ownership developments that result in a net increase of one unit or more, excluding accessory dwelling units, regardless of zoning designation of the project site, unless the applicant elects to provide one of the alternatives listed in subsection (D).

B. Calculation of Fee. The amount of the fee, as further described in the fee resolution, is imposed on a per square foot basis for new gross habitable floor area commensurate with the building type (e.g., townhome or condominium). The following formula shall be used in calculating the required affordable housing impact fee for new residential housing developments: (New gross habitable square foot area of all units) minus (existing gross habitable square foot area of all units) multiplied by (per square foot fee) equals (total affordable housing impact fee).

C. Gross habitable Square Foot Area. Gross habitable square foot area means the total living area of each dwelling unit within a project measured to the outside of the exterior walls and does not include areas outside of the dwelling units such as common areas, corridors, parking facilities, outside storage lockers and shared laundry facilities.

D. Alternatives in-Lieu of an Affordable Housing Impact Fee. As an alternative to paying the affordable housing impact fee for residential ownership developments, a developer may request to provide affordable ownership units on the project site, dedicate land for affordable housing, or provide affordable units off-site, as detailed in this section.

1. On-site units. A developer may request to mitigate the housing impacts through construction of affordable residential ownership units on the subject development site consistent with the requirements outlined in Chapter 14.28. However, payment of the in-lieu impact fee does not preclude a developer from meeting the inclusionary housing requirements specified in Chapter 14.28.

2. Off-site units or dedication of land. As an additional alternative, a developer may request to designate affordable units in an off-site location or dedicate land for the construction of affordable units within the Los Altos City Limits. The city priority shall be for a location that is accessible to public transit. Any off-site units shall be either new or renovated to near-new conditions. Such requests shall be granted in the sole discretion of the city council if the city council determines that the proposed alternative will mitigate the impact of the project on the need for affordable housing. When off-site units or dedication of land is proposed as an alternative to on-site construction of affordable units, the developer shall demonstrate how the alternative will Affirmatively Further Fair Housing (AFFH).

3. In calculating the number of required affordable units either on-site or off-site, any fraction of a whole unit shall be satisfied by either developing one additional affordable unit or by paying the remaining fee amount as further described in the fee resolution.

4. All affordable units developed either on-site or off-site shall be subject to the city's standard affordable housing agreement and deed restriction.

5. The applicant must enter into an affordable housing developer agreement with the city to be recorded against the property prior to recordation of a final or parcel map or issuance of any building permit, acknowledging that the affordable units or land dedication are provided in consideration for a direct financial contribution from the city in the form of a waiver of the affordable housing impact fee.

6. The city council may approve this request if the proposed alternative forms of affordable housing opportunities in the city are equal to or greater than the payment of the affordable housing fee.

E. The city council may approve this request if the proposed alternative forms of affordable housing opportunities in the city are equal to or greater than the payment of the housing impact fee. 306
Agenda Item # 16.

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3.4962.060 Affordable Housing impact fFees for multiple-family residential rental development.

A. Applicability. Affordable housing impact fee shall be imposed on all new residential rental developments that result in a net increase of one unit or more, excluding accessory dwelling units, regardless of zoning designation of the project site, unless the applicant elects to provide one of the alternatives listed in subsection (D). For purposes of this section, new market-rate rental housing developments shall include developments that have recorded a condominium map, but the developer intends to initially rent the units.

B. Calculation of Fee. The amount of the fee, as further described in the fee resolution, is imposed on a per square foot basis for new gross habitable floor area commensurate with the building type (e.g., townhome or condominium). The following formula below shall be used in calculating the required affordable housing impact fee for new residential rental housing developments: (New gross habitable square foot area of all units) minus (existing gross habitable square foot area of all units) multiplied by (per square foot fee) equals (total affordable housing impact fee).

D. Alternatives in-Lieu of an Affordable Housing Impact Fee. As an alternative to paying the affordable housing impact fee for residential rental developments, a developer may request to provide affordable units on the project site, dedicate land for affordable housing, or provide affordable units off-site, as detailed in this section.

1. On-site units. A developer may request to mitigate the housing impacts through construction of affordable residential rental units on the subject development site consistent with the requirements outlined in Chapter 14.28. However, payment of the in-lieu impact fee does not preclude a developer from meeting the inclusionary housing requirements specified in Chapter 14.28.

2. Off-site units or dedication of land. As an additional alternative, a developer may request to designate affordable units in an off-site location or to dedicate land for the construction of affordable units within the Los Altos City Limits. The city priority shall be for a location that is accessible to public transit. Any off-site units shall be either new or renovated to near-new conditions. Such requests shall be granted in the sole discretion of the city council if the city council determines that the proposed alternative will mitigate the impact of the project on the need for affordable housing. When off-site units or dedication of land is proposed as an alternative to on-site construction of affordable units, the developer shall demonstrate how the alternative will Affirmatively Further Fair Housing (AFFH).

3. In calculating the number of required affordable rental units either on-site or off-site, any fraction of a whole unit shall be satisfied by either developing one additional affordable unit or by paying the remaining fee amount as further described in the fee resolution.

4. All affordable units developed either on-site or off-site shall be subject to the city's standard affordable housing agreement and deed restriction.

6. The city council may approve this request if the proposed alternative forms of affordable housing opportunities in the city are equal to or greater than the payment of the affordable housing fee. 307
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E. The city council may approve this request if the proposed alternative forms of affordable housing opportunities in the city are equal to or greater than the payment of the housing impact fee.

3.4962.070 Affordable Housing impact fFees for non-residential development.

A. Applicability. A non-residential affordable housing impact fee and commercial linkage fee shall be imposed on all new construction of commercial, office, retail and hotel/motel development projects, as defined by Chapter 14.02.070 of the Zoning Code, that result in any net increase of square footage five hundred (500) square feet or greater of new floor area, regardless of zoning designation of the project site, unless the applicant elects to provide one of the alternatives listed in subsection (D).

B. Calculation of Fee. The amount of the affordable housing impact fee and commercial linkage fee, as further described in the fee resolution, is imposed on a per square foot basis for new gross floor area. The following formula below shall be used in calculating the amount of the affordable housing impact fee: (Gross square feet non-residential floor area) minus (existing square feet floor area) multiplied by (per square foot fee) equals (total affordable housing impact fee).

C. Exemptions to New Gross Floor Area. The following areas are exempt from the new gross floor area used in affordable housing impact fee and commercial linkage fee calculations for non-residential developments:

1. Any incidental and accessory storage, structures or appurtenances, such as sheds, trash enclosures, ground-mounted equipment enclosures, garden features, trellises or shade structures;

2. Architectural design features not utilized for occupancy or storage; and

3. Existing floor area square footage of structures that were vacated or demolished no more than twelve (12) months prior to the filing date of the development application.

D. Alternatives in-Lieu of an Affordable Housing Impact Fee. As an alternative to paying the affordable housing impact fee, a developer may request the following:

1. On-site units. A developer may request to mitigate the housing impacts through construction of affordable residential units on the subject development site. If applicable, the number of affordable units shall be those indicated atin Chapter 14.28.

4. All affordable units developed either on-site or off-site shall be subject to the city's standard affordable housing agreement and deed restriction.

Page 5 of 5 ends

E. The city council may approve this request if the proposed alternative forms of affordable housing opportunities in the city are equal to or greater than the payment of the affordable housing impact fee.

3.4962.080 Exception to Municipal Code Section 14.28.

Those projects that pay an affordable housing impact fee in compliance with this chapter shall not be required to comply with the affordable housing requirements (inclusionary units) found at Section 14.28.030 of the Municipal Code.

3.4962.090 Waiver.

Notwithstanding any other provision of this chapter, the requirement to pay the affordable housing impact fee may be waived, adjusted or reduced by the city council if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of the proposed development and the requirement to pay the affordable housing impact fee, or that applying the requirements of this chapter would take property in violation of the United States Constitution or California Constitution or would result in any other unconstitutional result.

3.4962.100 Enforcement.

The provisions of this chapter shall apply to all agents, successors and assigns of an applicant proposing or constructing a development governed by this chapter. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to, actions to revoke, deny or suspend any permit, including a development approval, building permit or certificate of occupancy. The city shall be entitled to costs and expenses for enforcement of the provisions of this chapter, or any agreement pursuant thereto, as awarded by the court, including reasonable attorneys' fees.

3.4962.110 Severability.

If any portion of this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this zoning code. The city council declares that this chapter and each portion would have been adopted without regard to whether any portion of this chapter would be later declared invalid, unconstitutional, or unenforceable. 309
Agenda Item # 16.

City Council Agenda Report
Meeting Date: June 11, 2024
Initiated By: City Council
Prepared By: Anthony Carnesecca
Approved By: Gabriel Engeland
Subject:

Implement measures that would support parklet applicants as they transition to the permanent program

COUNCIL PRIORITY AREA
☒Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☐General Government

RECOMMENDATION
Direct staff to provide any of the following implementation measures that would support parklet applicants as they transition to the permanent program.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
 Would the City Council wish to direct staff to provide any of the following implementation measures that would support parklet applicants as they transition to the permanent program?

FISCAL IMPACT
Fiscal impact would depend upon the approved actions by City Council.

PREVIOUS COUNCIL CONSIDERATION
November 19, 2019; August 28, 2020; November 30, 2021; January 24, 2023; & April 11, 2023

SUMMARY
 The City of Los Altos has adopted permanent parklet guidelines for restaurants that wish to operate in the public right-of-way.
 11 restaurants have received approval of their parklet applications that are now working to prepare construction of their parklets.
 City Council requested that City staff identify measures that would support parklet applicants as they transition to the permanent program which are included for discussion today.
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Agenda Item # 17.

BACKGROUND
In August 2018, the Los Altos City Council adopted the Downtown Vision. The vision provides the City of Los Altos with long-term improvements and short-term programs that will increase vibrancy in the downtown triangle. Outdoor dining was identified as an effective way to provide unique and positive dining opportunities for residents and visitors in Downtown Los Altos.

In November 2019, the Los Altos City Council unanimously approved the City of Los Altos Pilot Parklet Program. This pilot program was intended to allow restaurant owners to build parklets that would expand outdoor seating opportunities through Fall 2021 and would allow restaurants to have two full years with their parklets before a Council review of the program. Many restaurants were interested, but some were hesitant to invest money on a parklet installation for a two-year period without a long-term timeline. Zero parklet applications were received from restaurants under the pilot program prior to the start of the COVID-19 pandemic.

In summer 2020, the City began exploring potential options for restaurants to expand their outdoor dining space into the public right-of-way. Through many meetings with community stakeholders, the City decided to close sections of downtown streets for “Open Streets Los Altos” allowing restaurants to expand their outdoor seating area into the public right-of-way with approved permit application and proof of liability insurance. This program closed Main Street and State Street for pedestrian-only traffic every Thursday morning through Sunday night from June 2020 through September 2020. City staff met with restaurants, retailers, and personal service businesses who indicated that parklets may be a middle ground solution allowing restaurants to have outdoor dining space while re-opening the street to vehicular traffic and open additional parking spaces near storefronts.

As Open Streets Los Altos came to a close, the City implemented the COVID Parklet Program in Fall 2020. Through the COVID Parklet Program, businesses installed a protective barrier of wine barrels filled with 500 lbs. of water, sand or concrete along the perimeter of the parklet.

At the January 24, 2023 City Council meeting, staff presented a draft outdoor dining program.

City staff then presented to the Los Altos Chamber of Commerce Government Affairs Committee on February 1, 2023, hosted a direct Q&A session with business owners on February 2, 2023, and presented to Los Altos Property Owners Downtown on February 8, 2023 for larger group feedback sessions before meeting individually with all COVID parklet operators.

At the April 11, 2023 City Council meeting, the City Council adopted the Los Altos Outdoor Dining Program which provided guidelines for permanent parklet installations, sidewalk dining, and outdoor displays within the public right-of-way. Council directed restaurants to begin this process by January 1, 2024 allowing them to get through summer and end of the year rush prior to beginning their work on parklets.

City Council directed staff to procure molds for the concrete planters through a precast concrete company to lower the per-item expense for restaurants moving forward. 311
Agenda Item # 17.

In the middle of summer last year, the City was notified that the County Assessor’s Office may levy property tax assessments on parklet areas. The City collaborated with the Silicon Valley Economic Development Alliance, a consortium of fellow economic development professionals across the Bay Area, to understand this potential new assessment, specifically cost basis, parameters, requirements, and more information. The County responded in October 2023 with little information because they are still working through the logistics of these assessments.

The City was not able to ascertain if there was any way to modify our existing program to limit this assessment under this program so City staff moved forward with preparations for the existing program. The City has included language within our parklet agreement that ensures restaurants are aware of this possibility and understand they will be responsible for any associated assessments.

City staff met individually with all COVID parklet operators downtown to discuss the program moving forward and help them understand their options before the end of December 2023.

All non-conforming parklets, which are parklets at businesses that have not applied or denied, have been removed from the public right-of-way.

DISCUSSION/ANALYSIS
At this point in time, the Development Services Department approved 11 parklet applications.

These restaurants are now working to construct their new parklets to the approved specifications with deck structures that will meet the sidewalk grade and concrete planters with metal railings between them, per the Parklet Guidelines.

Approved applicants have been given until June 30, 2024 to complete construction of their parklets, but they are facing the challenge of needing more time to procure their concrete planters.

Restaurants are able to use any vendor to create planters that meet the program specifications. The City has purchased three molds through a precast concrete company that is working as quickly as possible to create these barriers at a lower cost, but there is a fixed number of planters that can be created per day per mold.

The most significant fixed cost in the parklet installation are the concrete barriers that are intended to provide significant public safety by ensuring that customers do not enter the street from the parklet and that vehicles will not be able to enter into the parklet dining area. The barriers cost about $800 per barrier so a restaurant will pay roughly $9,000 for ten barriers and delivery costs to Los Altos.

The Chamber of Commerce requested a meeting with City staff on May 22, 2024 to discuss potential options for restaurants as they transition to permanent parklets. At this meeting, City staff agreed to pick up wine barrels and dispose of them to lower the cost and effort required of businesses in the transition process. Additionally, City staff agreed to review individual 312
Agenda Item # 17.
applicants’ materials to ensure they are compliant with the guidelines if they are able to find alternative options for the procurement of cheaper materials.

At the May 28, 2024 City Council meeting, Mayor Weinberg, Council member Fligor, and Vice Mayor Dailey requested that City staff return with information on how the City could further support the implementation of parklets at restaurants.

City staff identified some potential ways that City Council could support restaurants through the implementation of their permanent parklets:
 Allow restaurants to continue operating in their temporary parklets through the delivery of their concrete planters as long as there is a defined end date, such as August 30, 2024. This would ensure that all remaining parklets will not need to be de-constructed by the targeted date of June 30, 2024, but can remain in place while they complete construction.  Direct City staff to purchase more molds from the current vendor to expedite the speed with which these planters can be created. Each mold costs roughly $4,000 and can create 25 planters per mold.
 Create a parklet barrier grant program where the City could provide reimbursed grants for the cost of the concrete planters up to a pre-determined amount, such as $10,000 per restaurant. These barriers would then become property of the City so that they could be retained if restaurants close and they can be re-proposed by future restaurants. 313
Agenda Item # 17.

City of Los Altos 2024 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.

Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.

JUNE 25, 2024
Closed Session: TBD
Study Session: TBD
SPECIAL ITEMS:

CONSENT:
 Adoption of the Development Impact Fee Resolution (Development Services)  Award the Annual Street Resurfacing Project (Public Works)  Approve the Foreign Issues Policy (Council)
 Adoption of a Resolution – Weed Abatement (Development Services) DISCUSSION:
 Introduction of Public Arts Ordinance (City Manager’s Office)  Discuss and approve the Library Improvements RFP (City Manager’s Office)  Adopt the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) (Police Department)  Discussion on Facility Maintenance (Parks & Recreation)  Discussion on a Childcare Subsidy Program (Council)
PUBLIC HEARING:
 Hold a Public Hearing regarding a Project Modification at 330 Distel (Development Services) 314
Agenda Item # 18.

City of Los Altos 2024 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.

Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.

JULY 9, 2024
Closed Session: Anticipated Litigation: Letter from Shenkman & Hughes Study Session: Public Hearing #2 – Transition to Districts-Based Elections System SPECIAL ITEMS:

CONSENT:
 Award of On-Call Spot Repair and CCTV Inspection Services for FY24/25 (Public Works) DISCUSSION:
 Receive Update on CHAC (City Attorney and City Manager’s Office)  Discussion on a Special Events Policy (City Manager’s Office)  Discussion on the Proposed Dog Park (Parks & Recreation) PUBLIC HEARING:

Remaining 2024 City Council agenda calendar items are pending and will be published at a later date. 315
Agenda Item # 18.

PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Amend ADU Ordinance
based upon HCD's letter 6 months or less IN-PROGRESS
Program 6.G: Housing mobility
Allow more than one
JADU (at least two per
site)
with ADU Ordinance
Update IN-PROGRESS
Program 3.H: Amend design review process and
requirements.

Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.

Dismiss Design Review
Commission February 28, 2023 COMPLETED
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys.

Budget & Hire Housing
Manager March 31, 2023 COMPLETED
Program 4.J: Facilitate alternate modes of transportation for Adopt VMT Policy & June 30, 2023 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

RFP-Permit Ready ADU
Plans July 31, 2023 COMPLETED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 IN-PROGRESS Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 IN-PROGRESS Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 DEVELOPING RFI/RFP Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023
Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 ONGOING Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 COMPLETED Program 2.F: Water and Sewer Service Providers. December 31, 2023 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 COMPLETED 316
Agenda Item # 18.

Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED Program 3.K: Standardize multimodal transportation
requirements.

Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.

Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources. Prepare Inventory. December 31, 2023 Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 COMPLETED Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024 COMPLETED
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 COMPLETED Program 3.I: Allow residential care facilities consistent with State law. January 31, 2024 COMPLETED
Program 3.J: Explicitly allow manufactured homes consistent with State law. January 31, 2024 COMPLETED
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 COMPLETED
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. January 31, 2024 COMPLETED 317
Agenda Item # 18.

Program 1.C: Allow housing in the Office Administrative (OA) District. January 31, 2024 COMPLETED
Program 1.E: Update the Loyola Corners Specific Plan. January 31, 2024 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Adopt-Permit Ready ADU
Plans December 31, 2024 IN-PROGRESS
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. Downtown Parking Plan December 31, 2024 IN-PROGRESS Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements.

Comprehensive Parking
Ordinance Update December 31, 2024 COMPLETED
Program 3.B: Modify building height in mixed-use zoning districts.

Neighborhood (CN)
District December 31, 2024 COMPLETED
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 COMPLETED
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024 COMPLETED
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 IN-PROGRESS Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025
Program 1.F: Rezone Village Court parcel. January 31, 2024 COMPLETED Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 318
Agenda Item # 18.

Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 COMPLETED Program 4.J: Facilitate alternate modes of transportation for residents.

Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing
Program 1.L: General Plan amendments. Ongoing
Program 1.M: SB 9 implementation. Ongoing
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually ONGOING Program 4.A: Support efforts to fund homeless services. Ongoing Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing
Program 5.A: Monitor condominium conversions. Ongoing
319
Agenda Item # 18.

Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing
Program 5.D: Implement voluntary code inspection program. Ongoing Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources.

Inform, Evaluate
Apply/Submit Ongoing
Program 6.F: Affirmatively market physically accessible units. Ongoing Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing
Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing 320
Agenda Item # 18.

Los Altos City CouncilJune 11, 2024

Los Altos City Council
June 11, 2024