pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSI GNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder wit hout the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Martina Entriken as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day- to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s P roject Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Margie Cain, Community Services Department, Recreation Division, 1305 Middlefield Road, Palo Alto, CA, 94301, Telephone: (650) 463 -4919. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its sub contractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No sing le or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONS ULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fu lfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conform ity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financi al interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
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SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In par ticular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS . This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
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28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30 ) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT No. C22184489 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
CONSULTANT
Officer 1
By:
Name:
Title:
DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C Martina Entriken
Teacher
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
The CONSULTANT to facilitate a developmental program for toddlers and preschoolers. The program should be designed to encourage children’s innate sense of curiosity about the natural world, their community, the arts and culture. The program’s curriculum will include sensory play, art, science, math, music, early age literacy and a field trip component. The program is designed for ages 1 ½ years to 4 years and parent participation is required.
CONSULTANT agrees to:
COURSE CONTENT:
• Be responsible for curriculum and course content; including providing course materials. • Provide a consistent instructor, with as little substitution as possible. • Conduct the program in a safe manner.
• City shall have the right to observe Consultant instruct in order to determine whether Consultant is in compliance with the terms and conditions of this Agreement. • Class and camp information must be submitted approximately six months prior to the start of each class and camp session.
QUALITY OF PROGRAM:
Maintain a quality program which includes, but is not limited to:
• Consultants are knowledgeable and experienced in the subject being taught and with the age group.
• Consultants are reliable and punctual.
• Consultants are organized and prepared to teach at the start of each class. • Consultants to maintain strong working relationships with City staff and customers. • Consultants provide good customer service.
• Consultants and their employees can effectively resolve issues.
SET UP & CLEAN UP:
• Be responsible for all set up and clean up of the room and equipment. • All set up must be completed prior to the start of class.
EMPLOYEES:
• Provide employees who are at least 18 years old
• All employees and/or volunteers must complete Fingerprint background check and must pass background prior to providing services, provide negative TB test results within the last two years (for anyone working with minors), provide proof of auto Insurance in accordance with City guidelines (for anyone driving to the City of Palo Alto facility). • All Consultants, as well as their employees and volunteers, are strongly recommended to obtain certification in CPR/First Aid.
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PUBLICITY:
• May not publicize Consultant's business to class participants during class hours without prior authorization from Department Director.
• Must obtain prior approval from Recreation Coordinator or designee for publicity containing City classes.
• Follow timelines for submitting and proofing quarterly class proposals to be included in the Enjoy catalog. Note: Classes included in proposal are not guaranteed to be offered.
PUNCTUALITY:
• Consultant and their employees shall arrive at least 15 minutes prior to the starting time of the class or at least 30 minutes for set-up.
• Ensures that all classes start and end on time
• Notifies the Community Center or Recreation Coordinator prior to the class if Consultant is running late or unable to attend
• If a class is missed, a make up class is required to be provided by Consultant. • Consultant agrees to stay with all children until they are picked up by parents, released on their own if approval is noted or transferred to City staff.
RECORD KEEPING:
• Must take attendance at each class. All attendance records shall be submitted at the end of each session.
COMMUNICATION:
• Immediately communicate problems and issues with the class(es) or customers to the Recreation Coordinator or City Staff.
• Inform City staff of participant injuries, illness (Covid exposures) and complete necessary accident reports within 24 hours.
ADHERENCE TO CITY POLICY:
• Responsible for knowing the City’s policies and procedures with regard to special interest classes (i.e. waiting lists, cancellation, refund, satisfaction, etc.) • Responsible for verifying that only registered participants with a signed City liability form on file with the City are permitted to participate in City’s special interest classes.
PRIVACY:
• Agrees that any personal information that Consultant receives regarding customers may not be used for other than City business.
• Ensures that customer information will be stored in a secure location.
City AGREES to:
• Process all registrations for classes (Consultants not allowed to register participants) • Provide Consultant with attendance sheets
• Provide facility for scheduled classes.
• Include Consultant classes in publicity materials
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RATE:
Consultant will not be compensated for classes offered and canceled. Consultant will be compensated for only registered participants listed on the attendance records. City and Consultant shall mutually agree upon the date and time and number of courses offered by Consultant.
PAYMENT:
For registration-based classes, at the conclusion of each session, Consultant will invoice the City for payment. In addition, the Consultant’s invoice must include class name, class number, number of registered participants, rate of pay, total amount due for each class and grand total of all classes included on invoice.
WORK PLAN / CLASS SCHEDULE:
This work plan is organized by tasks comprising the twelve (12) sessions occurring quarterly for three (3) years, beginning in June 2022. Each Task (or quarterly session) consists of two 2-day classes per week, per session (1 local field trip; 1 school day) and of one 1-day class per week (1 school day). Not shown in the table is an option for One 1 day a week afternoon session, with the specifics to be arranged with the city at a later date. Detailed schedule is identified in Exhibit B – Schedule of Performance.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Summer 2022 Session Jul – Sep 2022
2. Fall 2022 Session Oct – Dec 2022
3. Winter 2022-23 Session Jan – Mar 2023
4. Spring 2023 Session Apr – Jun 2023
5. Summer 2023 Session Jul – Sep 2023
6. Fall 2023 Session Oct – Dec 2023
7. Winter 2023-24 Session Jan – Mar 2024
8. Spring 2024 Session Apr – Jun 2024
9. Summer 2024 Session Jul – Sep 2024
10. Fall 2024 Session Oct – Dec 2024
11. Winter 2024-25 Session Jan – Mar 2025
12. Spring 2025 Session Apr – Jun 2025
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4) , within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK ESTIMATED
(No. of Students X
No. of Weeks X No.
of Days per Week)
NOT TO
EXCEED
AMOUNT
1) Summer 2022 Session 15 x 7 x 6 = 630 $15,120
2) Fall 2022 Session 15 x 16 x 6 = 1440 $36,000
3) Winter 2022-23 Session 15 x 9 x 6 = 810 $20,250
4) Spring 2023 Session 15 x 11 x 6 = 990 $24,750
5) Summer 2023 Session 15 x 7 x 6 = 630 $15,750
6) Fall 2023 Session 15 x 16 x 6 = 1440 $37,440
7) Winter 2023-24 Session 15 x 9 x 6 = 810 $21,060
8) Spring 2024 Session 15 x 11 x 6 = 990 $25,740
9) Summer 2024 Session 15 x 7 x 6 = 630 $16,380
10) Fall 2024 Session 15 x 16 x 6 = 1440 $38,880
11) Winter 2024-25 Session 15 x 9 x 6 = 810 $21,870
12) Spring 2025 Session 15 x 11 x 6 = 990 $26,760
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $300,000
Additional Services (if any, per Section 4) $30,000
Maximum Total Compensation $330,000
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time /overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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City of Palo Alto Professional Services
Contract No. C22184489 Rev. Dec.15, 2020
other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE
DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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City of Palo Alto Professional Services
Contract No. C22184489 Rev. Dec.15, 2020
EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Rates Per Session Hourly Rate
1) Summer 2022 Session $24
2) Fall 2022 Session $25
3) Winter 2022-23 Session $25
4) Spring 2023 Session $25
5) Summer 2023 Session $25
6) Fall 2023 Session $26
7) Winter 2023-24 Session $26
8) Spring 2024 Session $26
9) Summer 2024 Session $26
10) Fall 2024 Session $27
11) Winter 2024-25 Session $27
12) Spring 2025 Session $27
DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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City of Palo Alto Professional Services
Contract No. C22184489 Rev. Dec.15, 2020
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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City of Palo Alto Professional Services
Contract No. C22184489 Rev. Dec.15, 2020
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO.
DocuSign Envelope ID: AED21F32-4B21-4091-98CB-3465C262EF1C
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City of Palo Alto (ID # 14442)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution Proposing the Appropriations Limit for Fiscal Year 2023
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that Council adopt the attached Resolution determining the Proposition 4 ( GANN) Appropriations Limit for Fiscal Year 202 3 (Attachment A). The City's Fiscal Year 2023 appropriations are estimated to be $64.91 million under the limit based on the Fiscal Year 202 3 Budget, as recommended to the City Council for review and adoption on June 20, 2022.
Background
California voters approved an initiative on November 6, 1979 that added Article XIIIB to the State Constitution, as amended by Proposition 98 in 1988 and Proposition 111 in 1990. The provisions of this article place limits on the amount of revenue that can be appropriated by all entities of government. The Appropriation Limit is based on actual appropriations during the 1978 -1979 fiscal year, as increased each year using specified population and inflationary growth factors. The original legislation implementing the provisions of Article XIIIB became effective January 1, 1981. In accordance with that legislation, the governing body of each government jurisdiction must, by resolution, establish its annual Appropriation Limit for t he coming year (prior to July 1) at a regularly scheduled meeting or noticed special meeting. Based on Article XIIIB, the City of Palo Alto can use the larger of two measurements of population growth, (county or city population growth) in the Appropriations Limit calculation. For Fiscal Year 2023, the City is using the 202 1-2022 percent change in population growth of Palo Alto in the calculation. The City typically uses the highest factor in order to provide maximum appropriation flexibility.
Discussion
The Appropriations Limit is adjusted annually on the basis of population and per capita income changes provided annually by the California Department of Finance. This updated information is received from the California Department of Finance in May, after the City's proposed budget has been submitted to Council. Attached is the final 20 Packet Pg. 402
City of Palo Alto Page 2
Appropriations Limit calculation, based on the updated information as well as allowable appropriation limit adjustment factors such as voter -approved debt and capital outlay expenditures. The Appropriations Limit for Fiscal Year 202 3 is $203.30 million for funds subject to the appropriation limits. The City's Fiscal Year 202 3 budgeted appropriations are estimated to be $ 64.91 million under the limit. As required by State law, documentation used to compute the Appropriations Limit has been made available to the public at least fifteen days prior to the Council meeting at which the Appropriations Limit is being adopted, and notice was published of the availability of these materials.
Resource Impact
The adoption of the Fiscal Year 202 3 Appropriations Limit has no impact on City resources.
Stakeholder Engagement
A public notice was provided on June 3, 2022 stating the availability of the calculation materials on the City’s website, and that the Appropriations Limit is being adopted on June 20, 2022.
Policy Implications
This recommendation is consistent with existing City policies.
Environmental Review
This is not a project under section 21065 of the California Environmental Quality Act.
Attachments:
• Attachment20.a: Attachment A: GANN Resolution FY 2023 • Attachment20.b: Attachment B: Exhibit 1 GANN Notice FY 2023 20 Packet Pg. 403
NOT YET APPROVED
ATTACHMENT A
1 Resolution No.____
Resolution of the Council of the City of Palo Alto Determining the Calculation of the Appropriations Limit for Fiscal Year 2023
R E C I T A L S
A. Under Article XIIIB of the Constitution of the State of California, the City of Palo Alto (City) may not appropriate any proceeds of taxes in excess of its appropriations limit (Limit); and
B. Since fiscal year 1991, the City is permitted to annually adjust its Limit in accordance with inflation and population adjustment factors; and
C. Pursuant to Government Code Section 37200, the calculation of the Limit and the total appropriations subject to the limit were set forth in the annual budget of the City for Fiscal Year 2023, which was adopted by ordinance of the Council on June 20, 2022; and
D. Pursuant to Government Code sections 7901 and 7910, the final calculation of the Limit has been determined, and the adjustment factors on which the calculation is based are a 7.55% percent change in Califor nia per capita income and a 0.07% percent change in the population growth for the City of Palo Alto; and
E. The documentation used in the determination of the Limit has been made available to the general public for fifteen (15) days prior to the date of adoption of this resolution; and
F. According to the fina l calculation, the City’s net appropriations subject to limitation are approximately $138.39 million.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The Council of the City of Palo Alto hereby finds that, for Fiscal Year 2023, the final calculation of the Appropriations Limit of the City of Palo Alto has been determined in accordance with the adjustment factors referred to above, the documentation used in the determination of the calculation has been made available to the general public for the period of fifteen days as required by law, and the City’s appropriations subject to limitation are under the Limit by approximately $64.91 million.
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NOT YET APPROVED
ATTACHMENT A
2 SECTION 2. The Council hereby adopts the final calculation of the Appropriations Limit of the City for Fiscal Year 2023, a copy of which is attached hereto as Exhibit 1.
SECTION 3. The Council finds that the adoption of this resolution does not constitute a project under t he C alifornia En vironmental Quality Act, and, therefore, no environmental assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
___________________________ _______________________________ City Clerk Mayor
APPROVED AS TO FORM: _______________________________ City Manager
___________________________
City Attorney
_______________________________
Administrative Services Director
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Exhibit 1
FY 2023 Adopted Budget 247.55$ 96.50$ 24. 36$ 8. 79$ 377. 21$ Less:
Interfund Transfers (25.36)$ (3.84)$ ( 19.20)$ -$ ( 48.40)$ Allocated Charges (22.72)$ (0.38)$ ( 0.33)$ -$ ( 23.42)$ Non-Proceeds (58.79)$ (92.52)$ ( 6.92)$ ( 8.77)$ ( 167.00)$ Net Appropriations Subject to Limit 140.68$ (0.23)$ (2.08)$ 0.02$ 138.39$ FY 2023 Per Capita Income Change (CA Department of Finance) 7.55% Factor A 1.075500
FY 2023 Population Change (City of Palo Alto) 0.07%
Factor B 1.000007
189.03$
1.075508
203.30$
Net Appropriations Subject to Limit 138.39$
Amount Under the Limit 64.91$
2022 1.0573 0.9999 1. 0572 189. 03$ 127. 09$ 63. 07$
2021 1.0373 1.0037 1. 0411 179. 86$ 113. 06$ 66. 81$
2020 1.0385 1.0033 1. 0419 171. 74$ 127. 42$ 45. 34$
2019 1.0367 1.0040 1. 0408 164. 83$ 114. 94$ 50. 87$
2018 1.0369 1.0082 1. 0454 158. 36$ 131. 49$ 26. 88$
2017 1.0537 1.0130 1. 0674 151. 48$ 109. 51$ 41. 97$
2016 1.0382 1.0113 1. 0499 141. 92$ 100. 60$ 41. 31$
2015 0.9977 1.0150 1. 0127 135. 17$ 82. 93$ 52. 24$
2014 1.0512 1.0157 1. 0677 133. 48$ 90. 28$ 43. 20$
2013 1.0377 1.0124 1. 0506 125. 01$ 96. 73$ 28. 28$
2012 1.0251 1.0089 1. 0342 119. 00$ 89. 00$ 30. 00$
On November 6, 1979, California voters approved Proposition 4, an initiative that added Article XIIIB to the state Constitution. The provisions of this article place limits on the amount of revenue that can be appropriated by all entities of government. The Appropriations Limit is based on actual appropriations during the 1978-1979 fiscal year, as increased each year using specified population and inflationary growth factors.
FY 2022 Adopted Appropriations Limit
Factor A x Factor B
The City of Palo Alto remains well within its appropriations limit in FY 2023. Future year limit trends can be made based on the average change in regional population and income growth. The appropriations subject to limitation includes proceeds of taxes from the General Fund, Capital Projects Fund, and Special Revenue Funds.
Fiscal Year Per Capita Income
Factor
Population
Change Factor
Total
Adjustment
Factor
Appropriations
Limit
Appropriations
Subject to Limit
Amount Under
the Limit
FY 2023 Adopted Appropriations Limit
APPROPRIATIONS LIMITATION COMPLIANCE CALCULATION
FOR FISCAL YEAR 2023 ADOPTED BUDGET
($ IN MILLIONS)
Total Budgeted Appropriations General Fund Capital
Projects Funds
Special
Revenue Funds Debt Service Fund Combined
Funds
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City of Palo Alto (ID # 14456)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Lease Agreement between Palo Alto Unified School District (Landlord) and City of Palo Alto (Tenant) for Extended Day Care Sites for 12 months, Rent Not to Exceed $707,676 per Year
From: City Manager
Lead Department: Administrative Servic es
Recommendation
Staff recommends that the City Council authorize the City Manager to execute the Lease Agreement contained in Attachment A between Palo Alto Unified School District (PAUSD) and the City of Palo Alto (City) for the Extended Day Care premises. The lease is for a 12-month term ending June 30, 2023 at a base annual rent of $707,676.
Background
On June 15, 2020, t he City Council approved a lease for elementary school sites from PAUSD to sublease to providers of afterschool care (CMR: 11386). The current lease is scheduled to expire on June 30, 2022. A new lease for the Extended Day Care sites has been negotiated to extend the existing term through the 2022 – 2023 school year, ending on June 30, 2023.
The agreement with PAUSD to provide space for extended day care at elementary school sites began in 1989 as a component of the parties’ lease agreement that also included a lease on the former 35-acre Cubberley High School site and a Covenant Not to Develop five neighborhood elementary school sites. The original agreement was amended several times before the current standalone agree ment for the 12 extended day care sites was executed on July 1, 2020. The current agreement is scheduled to expire on June 30, 2022 and the parties desire to extend the terms of the agreement to continue City-operated extended day child care services provided by Palo Alto Community Child Care (PACCC) and Kid’s Choice.
Discussion
Staff has negotiated a new lease agreement with PAUSD for the Extended Day Care Sites unde r the same general terms as the current agreement. PAUSD is accepting a one -year extension at this time due to their need to evaluate the childcare providers and their respective programs and determine if they are meeting the needs of families. Offering a one-year lease gives PAUSD the flexibility to make any changes in service provision for the 2023 -24 school year . The new agreement extends the expiration date by one year to June 30, 2023 and tentatively replaces 21 Packet Pg. 407
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the Palo Verde Elementary School site , while it is being renovated, with the Greendell campus for the 2022 – 2023 school year. Otherwise, the terms remain the same. The base rent will remain $58,973 per month and the City will continue to be responsible for minor maintenance and utilities, estimated at approximately $4,000 per month.
Timeline
On June 7, 2022, the lease agreement was approved by PAUSD’s Board as part of their approval of the consent calendar. The lease will be presented to the PAUSD board again on June 21, 2022 for action consistent with the PAUSD “two meeting rule” . The new lease will commence on July 1, 2022. After the lease with PAUSD for the Extended Day Care Sites (Attachment A) is fully executed , staff will extend the City’s sublease to PACCC and Kid’s Choice for the 2022 – 2023 school year , which do es not require Council approval. PAUSD has informed the City that the District believes it will be able to discuss a longer-term agreement with the City for the Extended Day Care Sites around February 2023.
Resource Impact
The base rent for the new Extended Day Care lease will remain at $58,973 per month or $707,676 per year. The current base rent collected from PACCC and Kid’s Choice for the Extended Day Care Sites total $6,95 7 per month or $83,4 84 per year , which will remain the same for the lease term through June 30, 2023.
Policy Implications
Continuing to lease the Extended Day Care Sites from PAUSD is consistent with policies and programs in the Comprehensive Plan promoting City -PAUSD collaboration and the effective provision of community services.
Stakeholder Engagement
The City and PAUSD collaborated on development of the new agreement to extend the terms of the existing agreement through the 2022 – 2023 school year.
Environmental Review
This does not constitute a project fo r purposes of the California Environmental Quality Act (CEQA).
Attachments:
• Attachment21.a: Attachment A: Extended Day Care Lease 21 Packet Pg. 408
1 LEASE AGREEMENT BY AND BETWEEN THE PALO ALTO UNIFIED SCHOOL DISTRICT (LANDLORD) AND THE CITY OF PALO ALTO (TENANT) FOR EXTENDED DAY CARE SPACES This Lease ("Lease") dated July 1, 2022, for reference purposes only, is made and entered into by and between the Palo Alto Unified School District (''District") and the City of Palo Alto ("City"), a municipal corporation. 1.0 DEFINITIONS AND PREVIOUS AGREEMENTS 1.1 Definitions 1.1.1 City. The term "City" means the City of Palo Alto, a charter city and municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California. 1.1.2 District. The term "District" means the Palo Alto Unified School District, a unified school district organized and existing pursuant to the laws of the State of California. 1.1.3 District Purposes. The term “District purposes” means that District’s using a Site for any District purpose, including but not limited to classrooms, administrative offices, and training centers for District personnel, but not for the purpose, either direct or indirect, of selling the Site or any other District school site or leasing that Site or any other District school site for non-district uses. 1.1.4 Reserved 1.1.5 Reserved 1.1.6 Reserved 1.1.7 Reserved 1.1.8 Reserved 1.1.9 Reserved 1.1.10 Reserved 1.1.11 Reserved 1.1.12 Reserved 1.1.13 Extended Day Care. Extended Day Care means 1) childcare services provided during the school year to grade school students for the periods a) 6:30 am and the
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2 scheduled start of school and b) the earliest scheduled end of school and·6:30 pm Monday through Friday. 2) childcare services provided on non-school days from 6:30 am to 6:30 pm Monday through Friday, or as City deems appropriate. 1.1.14 Extended Day Care Spaces. Extended Day Care Spaces means those spaces identified in Exhibit A where Extended Day Care is intended to occur as detailed in this Lease. 1.2 Reserved 1.2.1 Reserved 1.2.2 Reserved 2.0 PAYMENT 2.1 Reserved 2.2 Reserved 2.3 Payment for Extended Day Care Spaces. As consideration for use of the Extended Day Care Spaces, City shall pay monthly to District the rent and utilities amounts listed in Exhibit A. All payments to District by City shall be made in twelve (12) equal installments payable monthly, by the last day of the month, commencing on July 1, 2022. 2.4 Covenant to Budget and Appropriate. Subject to Section 6.5.1(a), City covenants to take such action as may be necessary to include Lease payments due hereunder in its annual budget and annually to appropriate an amount necessary to make such Lease payments. 2.5 Manner of Payment. Payment shall be payable in lawful money of the United States to the order of the District at 25 Churchill Avenue, Palo Alto, CA 94306, Attention: Chief Business Officer, or such other place as the City and the District shall mutually agree. City's obligation to make payments for any partial month shall be prorated on the basis of a thirty (30) day month. 2.6 Late Payment Charge. If any installment of payment or any other sum due from City is not received by District within fifteen (15) days after the due date, City shall pay to District an additional sum equal to a half percent (1/2%) of the amount overdue for each month the payment is delinquent. 2.7 Reserved 2.7.1 Reserved 2.7.2 Reserved 2.7.3 Reserved 2.7.4 Reserved
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3 2.7.5 Reserved 3.0 Cubberley Lease - Reserved 3.1 Reserved 3.1.1 Reserved 3.1.1 – 3.1.6 3.2 Reserved 3.2.1 Reserved 3.3 Toxic Materials 3.3.1 ''Toxic Materials" for the purposes of this Lease are defined as any hazardous, toxic, or radioactive materials, including, but not limited to those materials identified in Sections 66680 and 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time. 3.3.2 Reserved 3.3.3 In the event of an emergency, City may act without District approval to cure or eliminate any dangerous condition which may give rise to a claim against the City. An emergency shall be defined as an unforeseen combination of circumstances or resulting state that calls for immediate action. 3.3.4 Reserved 3.3.5 Reserved 3.3.6 In the event that money has become available from the State of California for the cleanup of asbestos, District shall attempt in good faith to obtain a share of such funds to be applied to necessary cleanup work at the Extended Day Care Spaces. 3.4 Reserved 3.4.1 Reserved 3.4.2 Reserved 3.4.3 Reserved 3.4.4 Reserved 3.5 Reserved 3.5.1 Reserved 3.5.2 Reserved 3.5.3 Reserved 3.5.4 Reserved 3.6 Reserved 3.7 Reserved 3.7.1 Reserved
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4 3.7.2 Reserved 3.7.3 Reserved 3.8 Reserved 3.8.1 Reserved 3.8.2 Reserved 3.9 Reserved 3.9.1 Reserved 3.9.2 Reserved 3.10 Reserved 3.11 Reserved 3.11.1 Reserved 3.11.2 Reserved 3.12 Reserved 3.12.1 Reserved 3.12.2 Reserved 3.12.3 Reserved 3.12.4 Reserved 3.13 Reserved 3.14 Reserved 3.14.1 Reserved 3.14.2 Reserved 4.0 Reserved 4.1 Reserved 4.2 Reserved 5.0 EXTENDED DAY CARE SPACES 5.1 Space Provided 5.1.1 During the term of this agreement, District agrees to provide and City agrees to accept twelve (12) spaces at various elementary school sites to be used for the purpose of providing City-operated extended day child care services. Said sites are listed on Exhibit A. Additional child care spaces may be added in the event District opens additional elementary school sites. 5.1.2 District may, with the agreement of City, consolidate two child care spaces at one site. In no event shall more than three such consolidations occur. It is understood the District shall bear the cost of transporting students in the event of such consolidation of spaces and City shall still compensate District for each and every space pursuant to Sections 2.3 and 5.1.1. 5.1.3 District may, with the agreement of City, substitute a portable for conventional classroom space.
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5 5.1.4 In the event City and District cannot agree on the issue of consolidation contained in Section 5.1.2 or on the issue of substitution contained in Section 5.1.3 the matter shall be resolved by a three member arbitration panel. City and District shall each promptly appoint their representative to the panel and the two representatives shall select the third panel member. The decision of the panel shall be final and binding on both parties. 5.1.5 The space provided shall include appropriate access to designated rest rooms and other ancillary facilities such as playground equipment where appropriate, and shall be available to City 24 hours a day, 7 days a week. 5.1.6 The space provided shall meet appropriate State standards for at least twenty-five students and shall have all utility connections in place except for telephone. Specifically, the rooms shall have shelving and closets in place, however no furniture, toys or other equipment shall be provided by District. 5.1.7 Portables and conventional classroom space provided shall also conform to State standards for toxic materials as defined in Section 3.3.1. District shall be responsible for compliance with the Asbestos Hazard Emergency Response Act and any other State or Federal regulations, existing or subsequently enacted, relating to asbestos conditions for the extended day care space provided. 5.2 City Responsibilities 5.2.1 If City determines, at its sole discretion, to operate an extended day child care program in the spaces provided by District, it shall be the sole responsibility of the City to provide such services in the District designated spaces to persons desiring such services. The hours for such services shall be as set forth in Section 1.1.13. 5.2.2 City shall bear cost of utilities to the space including telephone. Unless separate meters are provided, the cost shall be prorated on a square footage basis (square footage of City space to total square footage of buildings on entire Site). 5.2.3 City shall, at City's own expense, provide for minor maintenance to the space including but not necessarily limited to: electrical (ex. ballasts and switches), plumbing fixtures (ex. leaky faucets and pipes), wall and floor coverings and windows. 5.2.4 City shall, at City's own expense, provide for custodial services. 5.2.5 City shall be responsible for security of the leased space at all times and security of the rest rooms outside the customary hours of school operation. Security shall mean locking all windows and doors and turning off lights. 5.3 District Responsibilities 5.3.1 District shall maintain fire and extended coverage insurance on the structures housing the child care programs with limits of full replacement value. In the event of
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6 damage or destruction to the premises, District shall promptly restore the premises to their pre-existing condition. 5.3.2 District, at District's own expense, shall be responsible for major maintenance to the child care premises including roof, sewer and electrical hook-ups, heating, and air-conditioning and removal of toxic material where applicable. 5.4 Delay in Delivery of Possession If the District, for any reason whatsoever, cannot deliver possession of twelve spaces to City on the commencement date, this agreement shall not be void or voidable, nor shall District be liable to City for any loss or damage resulting therefrom. In such event, City shall be relieved of its obligation to pay for a child care space in the amount equivalent to the unit value of each space not delivered. The unit value of one child care space is as listed in Exhibit A. 5.5 Hold Harmless 5.5.1 District shall indemnify and hold City harmless from any and all costs, claims, judgments, losses, demands, causes of action, proceedings or hearings, including City's attorneys' fees and court costs, relating to the storage, placement or use of Toxic Materials by District on or about the space or spaces for extended day care, whether or not the parties are aware of the existence of or any such use of Toxic Materials. District shall pro rata reduce rent and/or reimburse City for all costs of clean-up required by law or other alterations to the spaces necessitated by District's use, storage or disposal of Toxic Materials. If not required by law to so clean up a space or spaces, City shall have the right to terminate the Lease as to the specific space or spaces upon thirty (30) days’ notice and the Lease payment shall be adjusted accordingly. The obligations of District under this Section 5.5.1 shall survive the expiration of the Lease term. "Toxic Materials" shall have the same meaning as in Section 3.3.1 of this Lease. 5.5.2 City shall indemnify and hold District harmless from any and all costs, claims, judgments, losses, demands, causes of action, proceedings or hearings, including District's attorneys' fees and court costs, relating to the storage, placement or use of Toxic Materials by City on or about the space or spaces for extended day care, whether or not the parties are aware of the existence of or any such use of Toxic Materials. City shall reimburse District for (i) all costs of cleanup or other alterations to the space or spaces for extended day care necessitated by City's use, storage, or disposal of Toxic Materials; and (ii) any diminution in the fair market value of the space or spaces for extended day care caused by City's use, storage, or disposal of Toxic Materials. The obligations of City under this Section 5.5.2 shall survive the expiration of the Lease term. 5.5.3 City shall indemnify, defend and hold District harmless from any liability or expense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of, or in any way connected with City's and any sublessees', or assignees' operations on, possession, use, management, improvement, alteration or control of the Extended Day Care Spaces except for any claims or liability, or portions thereof, arising from the sole negligence of District, its officers, employees or agents, and except for the liability borne by District as set forth in Section 5.5.1.
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7 5.5.4 In addition to the liability borne by District as set forth in Section 5.5.1, District shall indemnify and hold City harmless from any liability or expense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of, or in any way connected with, District's and/or any sublessees' or assignees' other than City, operations on, possession, use, management, improvement, alteration or control of the Extended Day Care Spaces except for any claims or liability, or portions thereof, arising from the sole negligence of City, its officers, employees, agents, sublessees or assignees. 5.6 Assignment and Sublease The City, with the written consent of the District may at any time and from time to time pledge, assign, or otherwise transfer this Lease or any interest of the City herein. City with the written consent of the District may at any time and from time to time sublease the Extended Day Care Spaces or any improvements thereon any part thereof. District hereby consents to allow City to sublease Extended Day Care Spaces to Palo Alto Community Child Care and Kids Choice. The City shall at all times remain liable for the performance of the covenants and conditions on its part to be performed hereunder notwithstanding any such assigning, transferring or subletting which may be made. Any sublease, assignment or transfer shall be coterminous in every aspect with this lease. Any transfer, assignment or encumbrance of this Lease or the Extended Day Care Spaces, in whole or in part, which is contrary to or not provided for in this Section 5.6 is void. 6.0 GENERAL CONDITIONS 6.1 Term 6.1.1 The term of this Lease shall commence on July 1, 2022 (the “Commencement Date”) and end on June 30, 2023 (the “Expiration Date”), unless sooner terminated or extended pursuant to the provisions hereof. 6.1.2 Reserved 6.1.3 Reserved 6.1.4 Reserved 6.2 Breach 6.2.1 If the City shall fail to pay any payment payable hereunder when the same becomes due and payable, or the City shall fail to keep or perform any other material term covenant or condition contained herein to be kept or performed by the City for a period of 25 days after written notice thereof from the District, the City shall be deemed to be in default hereunder and the District, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: (a) To terminate this Lease in the manner hereinafter provided on account of default by the City, notwithstanding any re-entry or re-letting of the Extended Day Care space as hereinafter provided for in subparagraph (b) hereof, and to re-enter the Extended Day Care space and remove all persons in possession thereof and all personal property whatsoever
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8 situated upon the Extended Day Care space. In the event of such termination, the City agrees to surrender immediately possession of the Extended Day Care space, without hindrance, and to pay the District all damages recoverable by law that the District may incur by reason of default by the City. (b) Without terminating this lease, (i) to collect each installment of payment as it becomes due and enforce any other material term, covenant or condition contained herein to be kept or performed by the City which failure to keep or perform by the City would have a material adverse effect on the interests of the District under this Lease or (ii) to exercise any and all rights of entry and re-entry upon the Extended Day Care space. In the event the District does not elect to terminate this lease in the manner provided for in subparagraph (a) hereof, the City shall remain liable and agrees to keep or perform all terms, covenants and conditions herein contained to be kept or performed by the City and, if the Extended Day Care space is not re-let, to pay the full amount of the payment to the end of the term of this Lease or, in the event that the Extended Day Care space is re-let, to pay any deficiency in payment that results therefrom; and further agrees to make said payment and/or payment deficiency punctually at the same time and in the same manner as hereinabove provided, and if the District receives payments therefrom in any payment period in excess of the payment provided for in Section 2.0 hereof for such period, the District shall pay such excess (after expenses incurred in connection with such re-letting) to the City on the last day of said payment period. Should the District elect to re-enter as herein provided, the City hereby irrevocably appoints the District as the agent and attorney-in-fact of the City to re-let Extended Day Care space, or any part thereof, from time to time, either in the District’s name or otherwise, upon such terms and conditions and for such use and period as the District may deed advisable and remove all persons in possession thereof and all personal property whatsoever situated upon the Extended Day Care space. The City agrees that the terms of this Lease constitute full and sufficient notice of the right of the District to re-let the Extended Day Care space in the event of such re-entry without effecting a surrender of this Lease, and further agrees that no acts of the District in effecting such re-letting shall constitute a surrender or termination of this Lease irrespective of the use of the term for which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on the contrary, in the event of such default by the City, the right to terminate this Lease shall vest in the District to be effected in the sole and exclusive manner provided for in subparagraph (a) hereof. Each and all of the remedies given to the District hereunder or by any law now existing or hereafter enacted are cumulative, and the exercise of any one right or remedy shall not impair the right of the District to any or all other remedies. 6.2.2 In the event that City shall default in the performance of any of the agreements, conditions, covenants or terms herein contained, which event of default remains uncured after notice given as herein provided, District may immediately, or at any time thereafter, perform the same for the account of the City, and any amount paid, or any expense or liability incurred, but the District in the performance of the same shall be repaid to the District, in addition to base payments by the City within 30 days after demand hereunder together with interest from the date, the cost of expenses incurred at an amount equal to the lesser of 12 percent per annum or the maximum lawful rate of interest then in effect under the laws of the State of California; and the District shall have the right to enter (by force or otherwise) the Extended Day Care space for
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9 the purpose of correcting or remedying such default and to remain therein until the same shall have been corrected or remedied. No performance by the District of any of the obligations on City’s part to be performed hereunder shall be, or be deemed to be, a waiver of the City’s default in or failure to perform the same, nor shall the performance thereof by District release of relieve City from any obligations on its part to the performed under this Lease. 6.2.3 If the District shall fail to keep or perform any obligation, covenant, agreement or provision contained herein to be observed or performed by the District for a period of 25 days after written notice thereof from the City, the District shall be deemed to be in default hereunder, and the City may take whatever action, at law or in equity, may appear necessary or desirable to enforce the observance or performance of any such obligation, covenant, agreement or provision including termination of this Lease. 6.2.4 In the event of a breach, or threatened breach, by either party of any of the agreements, conditions, covenants, or terms herein, the other party shall have the right of injunction to restrain the same, and the right to invoke any remedy allowed by law, or inequity, as if specific remedies, indemnity or reimbursements were not herein provided for. All rights and remedies herein given to either party shall be cumulative to each other and to any other legal or equitable remedy or right which the party might otherwise have in the event of any breach by the other party. 6.3 Surrender and Title to Property 6.3.1 On the last day of the term of this Lease, or any sooner termination, City shall surrender the Extended Day Care space to the district, in reasonably the same condition as City received the Extended Day Care space, ordinary wear and tear and any permitted approved and lawful changes, alterations, additions and improvements thereto excepted, except as otherwise required by Section 3.5.2. City, upon the expiration or sooner termination of this Lease, shall repair any damage to the Extended Day Care space occasioned by the removal of City’s fixtures, furnishings, equipment and other personal property. All of City’s property which is removable pursuant to the provisions on this Lease shall be removed by City on or before the last day of the term of the earlier termination of this Lease, and all property not so removed shall be deemed abandoned by City, and District shall have the right either to require City to remove said property from the land or dispose of the property pursuant to Section 6.5.3 as set forth below. 6.3.2 Title to the Extended Day Care space shall remain the District during the term of this Lease. All improvements placed upon the Extended Day Care space by City at City’s expense shall be and remain the property of City for and during the term of this Lease. Upon expiration or sooner termination of this Lease, such improvements shall belong to and become the property of District, free from any rights, claims and liens of City or a person, agency, political subdivision, firm or corporation claiming under City, without any compensation therefore from District to City or to any other person, agency, political subdivision, firm or corporation, unless otherwise agreed to by the parties at the time the improvement is made. At the expiration or sooner termination of this Lease, such improvements shall be surrendered to District, excepting that movable furniture, personal property and trade fixtures may be removed by City at or before the
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10 expiration or sooner termination of this Lease, provided, however, that the removal of any of the property so excepted will not structurally injure the improvements or necessitate any changes or alterations in the improvements or render the improvements or any part thereof unfit for use and occupancy. City shall pay the cost of restoration of, or repairing any damage to, the Extended Day Care space arising from the removal of the property so excepted. 6.4 Naylor Bill Allocations. Nothing in this lease shall be deemed to expand, diminish, waive or otherwise limit the applicability of the Naylor Bill to applicable portions of the Extended Day Care Spaces, if any, including the obligation of the City to maintain the property, for recreational open space purposes and the right of the District to re-acquire said property pursuant to Education Code Section 39398 or its successor legislation. In the event the provisions of the Naylor Bill terminate, the applicability of “Naylor” to portions of the applicable spaces, if any, ceases. 6.5 Termination. In addition to the rights of termination for breach found in Section 6.2, this Lease may be terminated as set forth in Sections 6.5.1 and 6.5.2. 6.5.1 City Termination (a) Debt Limitation. In the event the Council of the City does not appropriate funds for payment of the payments due under this Lease in any year, this Lease shall terminate upon 90 days written notice. (b) Gann Limit. The City may terminate this Lease in any fiscal year in which the City is not authorized by the Palo Alto electorate to exceed the expenditure limitation imposed by the California Constitution and any other State or Federal legislative act. In that event, the City may terminate this Lease upon six (6) months written notice which must be given within 30 days of an unsuccessful election seeking such authorization. (c) Restriction on Taxing Power. If State or Federal law is enacted, an initiative measure passed or a court decision rendered which reduces the City’s general fund revenue or restricts the City’s authority to collect or levy general fund taxes which the City has the right to collect or levy as of the Commencement Date of this lease, the City may terminate this Lease, in whole or in part as hereafter set forth, by giving six (6) months written notice to District, after such law, measure or decision becomes effective; provided, however, there shall be no right of termination unless the effect of such law, measure or decision is to reduce the City’s general fund revenue or taxing authority by $1,500,000 in comparison with the previous fiscal year. The amount set forth in this Section shall be adjusted annually by the Consumer Price Index on the commencement anniversary date of the Lease in the manner set forth in Section 2.7 hereof. 6.5.2 District Termination. The District may terminate this Lease in part on the following conditions: (a) Reserved. (b) Reserved.
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11 (c) Reduction in Payment. If the District partially terminates this lease with regard to an Extended Day Care Space under Section 6.5.3, the Payment Due under this lease shall be reduced according to the proportion of payment allocated to such space as set forth in Exhibit A. 6.5.3 Surrender Upon Termination. Upon occurrence of any termination event, this Lease will terminate, or partially terminate as set forth herein, and all City’s rights, title and interest in the Extended Day Care Spaces shall terminate. City shall surrender and vacate the said spaces in reasonably the same condition as City received them, reasonable wear and tear excepted,. District shall have the right to re-enter and take possession of said spaces and remove all persons therefrom and remove City’s property and place that property in storage in a public warehouse, or store the same elsewhere, all at the expense of City, or sell the same as provided by law for the purpose of recovering any money due and unpaid hereunder by City to District, including District’s storage costs. Upon termination of this Lease, District shall have the right to recover from City all damages caused by any breach hereof by City, together with any payment due hereunder and unpaid, including all reasonable attorneys’ fees and court costs which may be incurred in recovering possession of said spaces and in collecting such damages or such payments. 6.5.4 Future Development. Upon the expiration or earlier termination of this Lease, the District shall be free to sell, lease, or otherwise dispose of the spaces which are the subject of this Lease. However, it is understood by the parties that (a) the District shall have all the same rights and obligations with respect to the development of the spaces as any other developer, and (b) the City shall have the same rights and responsibilities as it would normally have in reviewing and considering any development project that would come before it. 6.5.5 Inconsistencies with Other Agreements. If any provision regarding termination set forth in Section 6.5 hereof is inconsistent with any provision regarding termination set forth in any other agreement between City and District regarding spaces subject to this Lease, the provision in this Lease shall prevail. 6.6 Notices. Any demand or notice which either party shall be required, or may desire, to make upon or give to the other, shall be in writing and shall be delivered personally upon the other, or sent by prepaid registered or certified mail addressed to the respective parties as follows: DISTRICT: Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 Attention: Superintendent of Schools CITY: City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Attention: Manager, Real Property
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12 Notice sent by registered or certified mail in accordance with this Section shall be deemed delivered 72 hours from the date of mailing. 6.7 Attorneys’ Fees. If any action or proceeding at law in equity, or an arbitration proceeding, shall be brought to enforce or interpret any of the terms, covenants or conditions of this Lease, the prevailing party shall be entitled to recover from the other party its reasonable attorneys’ fees. “Prevailing party” within the meaning of this paragraph shall include, without limitation, a party who brings an action against the other after the other is in breach or default, if such an action is dismissed upon the other’s payment of the sums allegedly due for performance of the covenants allegedly breached, or if the party commencing such action or proceeding obtains substantially the relief sought by it in such action, whether or not such action proceeds to a final judgment or determination. 6.8 Holding Over. This Lease shall terminate without further notice at the expiration of the Lease term. Any holding over on the Extended Day Care Spaces after expiration of the Lease term, with the express written consent of District, shall be construed to be a tenancy from month to month, at a monthly rental of the last applicable base payment, and shall otherwise by on the terms and conditions herein specified. 6.9 Validity and Severability. If for any reason any portion of this Lease shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by the District or by the City, or if for any reason it is held by such a court that any of the covenants and conditions of the City or District hereunder, including the covenant to make payments hereunder, is unenforceable for the full term hereof, then and in such event, this Lease is and shall be deemed to be a lease from year to year under which the rentals are to be paid by the City annually in consideration of the right of the City to possess, occupy and use the Extended Day Care space, and all other terms, provision and conditions of this Lease, except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such holding, shall remain in full force and effect. 6.10 Waiver. The waiver by either party hereto of any breach by the other party of any agreement, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other agreement, covenant or condition hereof. The receipt by District of any payments with knowledge of any default on the part of City in the observance or performance of any of the provisions of this Lease shall not be deemed to be a waiver of the provisions of this Lease. 6.11 Successors and Assigns. This lease shall inure to the benefit of and shall be binding upon the District, the City and their respective successors and assigns, subject to the provisions of Section 5.6. 6.12 Agreement Represents Complete Agreement. This Lease represents the entire contract between the parties and supersedes and cancels any and all previous leases, negotiations, arrangements, representations, agreements and understandings between the District and the City concerning the Sites and matters covered hereby.
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13 6.13 Law Governing. This lease shall be construed and interpreted in accordance with the laws of the State of California. 6.14 Changes in State Law. In the event that changes in state law occur whereby the district is not permitted, in whole or in part, to retain payments due it from any source, other than the City, because of provisions of this lease, District shall promptly notify City, and District and City agree to renegotiate terms of this Lease. Such negotiations shall be directed to assuring that payments due under this Lease will not directly or indirectly replace, or stand in lieu of, payments due District from any other source. 6.15 Amendment. No amendment to this Lease shall be made except in writing and executed by both the District and the City. 6.16 Reserved. In witness whereof, the District and the City have caused this Lease to be executed by their respective officers as of the day and year first above written. ATTEST: CITY OF PALO ALTO, Lessee: ______________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: PALO ALTO UNIFIED SCHOOL DISTRICT, Lessor: ______________________________ ______________________________ City Attorney or Designee President, Board of Education APPROVED: APPROVED: ______________________________ ______________________________ City Manager Superintendent of Schools
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Space Name Trailer # or ID RENT RENT SQ. FT. Utilities Rate UTILITIES UTILITIES (per month) (annual) (per sq. ft.) (per month) (annual) Addison AKC1 4,914.42$ 58,973.00$ 960 0.24$ 230.40$ 2,764.80$ Duvenec DCK28 4,914.42$ 58,973.00$ 1920 0.24$ 460.80$ 5,529.60$ El Carmelo 1/2 Daycare 4,914.42$ 58,973.00$ 1320 0.24$ 316.80$ 3,801.60$ Escondido Kids Club 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Hays 1/2 Kids Club 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Hoover Childcare 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Barron Park Unmarked space 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Ohlone 24 4,914.42$ 58,973.00$ 960 0.24$ 230.40$ 2,764.80$ Palo Verde* Kids Club 4,914.42$ 58,973.00$ 960 0.24$ 230.40$ 2,764.80$ Juana Briones PACCC 4,914.42$ 58,973.00$ 1920 0.24$ 460.80$ 5,529.60$ Fairmeadow BBKC3 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Nixon 4,914.42$ 58,973.00$ 1440 0.24$ 345.60$ 4,147.20$ Total: 58,973.00$ 707,676.00$ 4,003.20$ 48,038.40$ *The Palo Verde space will be located on the Greendell Temporary Campus for 2022-23.
Extended Day Care Spaces and Monthly Rent and Utilit ies Amounts Exhibit A
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Exhibit A
Extended Day Care Spaces At Sites
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A.5
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A.7
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*The Palo Verde space will be located on the Greendell Temporary Campus for 2022-23.
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City of Palo Alto (ID # 14498)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Policy and Services Committee Recommendations that the City Council Support a Pending State Bill Regarding Orderly Meeting Conduct (Senate Bill 1100) and Support with Amendments a Bill Regarding Children’s Camp Regulations (Assembly Bill 1737)
From: City Manager
Lead Department: City Manager
Recommendation
The Policy & Services Committee recommends that the City Council approve support of a pending state bill regarding conducting orderly meetings (S enate Bill 1100) and to support with amendments a bill regarding children’s camp regulations (Assembly Bill 1737).
Background
The Policy and Services Committee received updates on federal and state legislation on March 8, 2022 ( CMR 14117; Minutes) and May 10, 2022 ( CMR 14379; Minutes). The motions passed were as follows:
March 8, 2022 Motion:
Consider supporting Sena te Bill 1100 to conduct orderly meetings. (3-0, passed unanimously)
❖ Support and encourage legislation for all participants to participate in remote meetings even during non-emergencies.
(Passed, 2-1)
May 10, 2022 Motion:
❖ Support Assembly Bill 1944, Assembly Bill 2449, and Assembly Bill 2647 that allow virtual meetings, remote participation, and encourage adoption of technology. (Passed, 2-1)
❖ C. Support Assembly Bill 2181 Santa Clara Valley Transportation Authority: board of directions.
(Passed, 2-1)
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City of Palo Alto Page 2
B. Support with amendments Assembly Bill 1737 Children’s camps: local registration and inspections.
(3-0, passed unanimously)
The items with a ‘
’ denote those motions that passed 2 -1 and are the subject of the City Council discussion on June 13, 2022 (Action Item; CMR #14477). This current staff report is focused on the pending State legislation that the Policy and Services Committee unanimously recommended the Council support (SB 1100 and AB 1737).
Discussion
As mentioned above, the bills for City Council support through this Consent item as a follow up to the Policy and Services Committee meetings are:
- Senate Bill 1100 regarding orderly meeting conduct
- Assembly Bill 1737 regarding children’s camps: local registration and inspections
The Policy and Services Committee recommended support for SB 1100 and recommended support with amendments for AB 1737. The reason for “support with amendments” on AB 1737 is ensure that the legislation does not impact Palo Alto’s current practices.
The Committee votes were unanimous for the positions described above . A description of each bill, status, and timeline is included in Attachment A.
Timeline and Resource Impact
Staff would submit the letters on behalf of the City upon direction from the City Council on these bills. As mentioned in Attachment A, the bills will be heard by various committees/on the floor in the coming weeks. No resource impact anticipated.
Attachments:
• Attachment22.a: Attachment A-Updated Memo CPA Summary of Priority Legislation
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State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
MEMO
To: Ed Shikada, City Manager
Chantal Cotton Gaines, Deputy City Manager
From: Christopher Townsend, President, Townsend Public Affairs, Inc.
Niccolo De Luca, Vice President
Andres Ramirez, Senior Associate
Carly Shelby, Legislative Associate
Date: June 8, 2022
Subject: UPDATED: State Legislative Update/Various Legislative Proposals
SUMMARY
Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Palo Alto as we move forward in the 2022 Legislative session. As discussed with the Policy and Services Committee, we are highlighting a handful of bills and providing a summary to give a point in time analysis.
The City can take a position of support, oppose, or watch. The analysis below is based off text of the legislation, committee analysis, discussions with Members, and others.
Senate Bill 1100 (Cortese) Open Meetings; orderly conduct Last amended: June 6, 2022
Status: The bill has moved through the Senate and will have its first policy committee hearing in the Assembly on June 15, specifically in the Assembly Local government Committee.
Focus of the legislation: This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting. The legislation requires removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to cease their behavior may result in their removal. The bill would authorize the presiding member or their designee to then remove the individual if the individual does not promptly cease their disruptive behavior.
Argument in Support: According to the author, “It has become increasingly clear that the mechanisms provided by the Brown Act to deal with disruptions during public meetings are insufficient. Across California, public officials and public attendees continue to deal with disorderly conduct during meetings at such a high magnitude that critical business and the legislative process has become impaired. As we have undoubtedly seen, many troubling incidents across the state, including those involving harassment and threats of violence, have demonstrated the need to protect public safety and public meeting access by modernizing the Brown Act so that it provides clearer standards around when removal of a meeting participant is warranted and what authority members of a legislative body can exercise.”
Argument in Opposition: The bill is opposed by Californians for Good Governance, Stand UP, and two individuals. Educate Advocate also expressed concerns with the current language in the
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2 bill. The opposition feels that the language in the bill is either vague or does not give enough guidance to local governing bodies about what behavior can and should warrant removal. They argue that disturbing, disrupting, and impeding is too subjective and worry about how locals will apply the law. The opposition arguments do not account for the fact that the language in the bill says disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting (emphasis added). Furthermore, the bills findings make it clear the intent of the bill is for its provisions to be interpreted and applied consistently with the holding in Acosta v. City of Costa Mesa. It is impossible to state that all local governing bodies will apply the law consistently with the First Amendment. These scenarios would be as applied challenges to the law under First Amendment jurisprudence and would be highly fact specific. The bill on its face, as described above, is in line with current Ninth Circuit case law on this matter and the proposed amendments provide additional protections for members of the public in exercising their right to access public meetings.
Assembly Bill 1737 (Holden) Children’s camps: local registration and inspections Last amended: May 19, 2022
Status: The bill has moved through the Assembly and is now in the Senate. Its first Senate policy committee hearing has not yet been set.
Focus of the legislation: Requires specified employees and volunteers of children’s camps to undergo background checks and to complete training in child abuse and neglect reporting. This bill would redefine “organized camps” to include children’s camps. A children’s camp would be defined as a camp that offers daytime or overnight experiences administered by adults who provide social, cultural, educational, recreational, or artistic programming to more than five children between 3 and 17 years of age for 5 days or longer during at least one season.
Argument in Support: According to the American Academy of Pediatrics, California, “We are aware of children suffering abuse and injuries at camps, including Roxie Forbes who was killed at an unlicensed camp without proper training, certifications, operational plans, or any county safety oversight. Roxie’s parents established a foundation with a mission to protect kids, not destroy camps. To that end, they have advocated for the need of long, overdue changes reflected in this bill.
Argument in Opposition: According to the California State Association of Counties , “We commend the author’s goal to create an oversight and enforcement structure for children’s camps that ensures their safety and the well-being of children in their care. However, we believe AB 1737 falls short of t hat goal by placing this responsibility with local health departments that exist to protect communities from public health threats, including but not limited to infectious diseases, climate-related illness, and chronic diseases.
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City of Palo Alto (ID # 14503)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/20/2022
City of Palo Alto Page 1
Summary Title: SECOND READING: Downtown Parking In -Lieu Temporary Ban Title: SECOND READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Section 18.52.070 (Parking Regulations for CD Assessment District) to Continue a Temporary Ban on Eligi bility of Commercial Office Uses Above the Ground Floor to Participate in the Downtown Parking In -Lieu Program and Making Clerical Amendments to PAMC Section 16.57.010 (Applicability) in Chapter 16.57 (In -Lieu Parking Fee for New Nonresidential Development in the Commercial Downtown (CD) Zoning District) (FIRST READING: June 6, 2022: PASSED: 6 -1, Tanaka No)
From: City Manager
Lead Department: Planning and Development Services
This was heard by the City Council on June 6, 2022 for a first reading and was a pproved 6-1, Tanaka no. No changes were made to the Ordinance; it is now before you for a second reading.
Attachments:
Attachment23.a: Attachment A: Draft Ordinance Amendments - Temporary Ban Alternative (PDF)
Attachment23.b: Attachment B: Draft Ordinance Amendments - Permanent Ineligibility Alternative (PDF)
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Ordinance No. __
O
rdinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code Section 18.52.070 (Parking Regulations for CD Assessment District) in Chapter 18.52 (Parking and Loading Requirements) in Title 18 (Zoning) to Temporarily Extend Ineligibility of Certain Uses to Participate in the University Avenue In-Lieu Parking Program and Making Clerical Amendments to PAMC Section 16.57.010 (Applicability) of Chapter 16.57 (In- Lieu Parking Fee for New Nonresidential Development in the Commercial Downtown (CD) Zoning District).
T
he Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. T
he City of Palo Alto (City) is a job center with among the highest housing prices and greatest jobs to housing imbalances in the Bay Area, resulting in a housing shortage that threatens the city’s prosperity, diversity, stability, environment, quality of life, and community character.
B. A
variety of policies result in incentives for office development over housing, including the availability of the University Avenue In-Lieu Parking Program.
C. O
n April 1, 2019, the Palo Alto City Council adopted Ordinance 5460, which included a temporary ban on eligibility to participate in the University Avenue Parking In-Lieu Program for certain uses, pending further study and recommendation from the Planning and Transportation Commission (PTC).
D. T
he prolonged nature of the COVID- 19 pandemic has precluded the collection of data and further study of parking strategies in the University Avenue downtown area, requiring several extensions of the temporary ban.
E. O
n May 11, 2020 the City Council introduced, and on October 5, 2020 adopted, Ordinance 5506 to extend the temporary ban until February 1, 2021.
F. O
n December 7, 2020 the City Council introduced, and on January 11, 2021 adopted, Ordinance 5513 to extend the temporary ban until August 1, 2022.
G. O
n April 27, 2022, the PTC recommended that the City Council approve clerical code amendments and continue the existing temporary ban for three years on the eligibility of commercial office uses above the ground floor to participate in the existing University Avenue In-Lieu Parking Program to maintain the status quo pending further study by
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City Staff and the PTC.
H. O
n June 6, 2022, the City Council approved clerical code amendments and continued the existing temporary ban for three years on the eligibility of commercial office uses above the ground floor to participate in the existing University Avenue In -Lieu Parking Program to maintain the status quo pending further study by City Staff and the PTC.
SECTION 2. Section 16.57.010 (Applicability) of Palo Alto Municipal Code Chapter 16.57 (In- Lieu Parking Fee for New Nonresidential Development in the Commercial Downtown (CD) Zoning District) in Title 16 (Building Regulations) is hereby amended to read as follows:
16.5 7.010 Applicability.
The in-lieu parking fee regulations set forth in this chapter shall apply only to nonresidential development within the University Avenue parking assessment district which meets the eligibility criteria set forth in subsection (d) of
Section 18.52.070 of this code.
Section 18.18.090 of this code. In accordance with Section 18.52.070 subsection (a) of Section 18.18.090 of this code, provision of a parking space or payment of the fee established by this chapter shall be a condition of the approval of or permit for any new development, any addition or enlargement of existing development, or any use of any floor area that has never been assessed under any Bond Plan G financing pursuant to Title 13 of this code. [
. . .]
SECTION 3. Subdivision (d) of Section 18.52.070 (Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is hereby amended to read as follows:
18.5 2.070 Parking Regulations for CD Assessment District [
. . .]
(d
) In-lieu Parking Provisions
I
n connection with any expansion of the supply of public parking spaces within the CD commercial downtown district, the city shall allocate a number of spaces for use as "in- lieu parking" spaces to allow development to occur on sites which would otherwise be precluded from development due to parking constraints imposed by this chapter. Off- site parking on such sites may be provided by payment of an in-lieu monetary contribution to the city to defray the cost of providing such parking.
Contributions for each required parking space shall equal the incremental cost of providing a net new parking space in an assessment district project plus cost for the
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administration of the program, all as determined pursuant to Chapter 16.57 of Title 16 of this code, by the director, whose decision shall be final. Only sites satisfying one or more of the following criteria, as determined by the director, shall be eligible to participate in the in-lieu parking program:
(1) Construction of on-site parking would necessitate destruction or substantial demolition of a designated historic structure;
(2) The site area is less than ten thousand square feet and it would not be physically feasible to provide the required on-site parking;
(3) The site is greater than 10,000 square feet, but of such an unusual configuration that it would not be physically feasible to provide the required on-site parking; (4) The site is located in an area where city policy precludes curb cuts or otherwise prevents use of the site for on-site parking; or
(5) The site has other physical constraints, such as a high groundwater table, which preclude provision of on-site parking without extraordinary expense.
Office uses above the ground floor shall not be eligible to participate in the in-lieu parking program for one year from the effective date of Ordinance No. 5460 through August 1, 2025. from the effective date of Ordinance No. 5460 through August 1, 2022.
[. . .]
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Council finds that the potential environmental impacts related to the Housing Workplan Ordinance, including the amendments enacted herein were analyzed in the Final EIR for the Comprehensive Plan Update, which was certified and adopted by the Council by Resolution No. 9720 on November 13, 2017. This Ordinance is consistent with and simply continues the implementation of the program evaluated in the EIR.
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SECTION 6. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
IN
TRODUCED:
P
ASSED:
AY
ES:
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OES:
AB
SENT:
AB
STENTIONS:
N
OT PARTICIPATING:
A
TTEST:
_______
_____________________ ____________________________
City Clerk Mayor
AP
PROVED AS TO FORM: APPROVED:
_______
_____________________ ____________________________
Assistant City Attorney City Manager
_______
_____________________
Director of Planning & Development
Services
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City of Palo Alto (ID # 14505)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/20/2022
City of Palo Alto Page 1
Summary Title: SECOND READING: Council Review of Objective Standards Title: SECOND READING: Adoption of Two Ordinances Implementing the Objective Standards Project, Including: 1) New Chapter 18.24, Contextual Design Criteria and Objective Design Standards ; 2) Modifications to Affordable Housing (AH) Overlay District to Eliminate the Legislative Process; 3) Changes to Remove Inconsistencies and Redundancies, and Streamline Project Review Throughout Title 18 (FIRST READING: June 1, 2022: PASSED:
5-1, Cormac k No)
From: City Manager
Lead Department: Planning and Development Services
This item was heard by the City Council on June 1, 2022 for a first reading and was approved 5-1, Cormack no.
Minor changes were made to the Objective Design Standards Ordinance (Chapter 18.24), based on direction from the City Council and clarifications by the City Attorney’s Office. These changes are shown in redline/strikeout in Attachment A.
No changes were made to the other Title 18 updates in Attachment B.
Attachments:
Attachment24.a: Attachment A: Ordinance Adding Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) (PDF)
Attachment24.b: Attachment B: Ordinance Amending Title 18 (Zoning) to Implement Objective Standards, Streamline Process for Housing Development Projects, and Other Clarifications (PDF)
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.24 of Title 18 (Zoning) of the Palo Alto Municipal Code to Adopt Contextual Design Criteria and Objective Design Standards
T
he Council of the City of Palo Alto does ORDAIN as follows:
S
ECTION 1. Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is added as follows:
Sec
tions:
18.2 4.010 Purpose and Applicability
18.24.020 Public Realm/Sidewalk Character
18.24.030 Site Access
18.24.040 Building Orientation and Setbacks
18.24.050 Building Massing
18.24.060 Façade Design
18.24.070 Residential Entries
18.24.080 Open Space
18.24.090 Materials
18.24.100 Sustainability and Green Building Design
18.2 4.010 Purpose and Applicability
(a) Purpose
The purpose of this Chapter is to provide guidance for good design in the form of “contextual design criteria” which establish design intent, and objective design standards that facilitate streamlined review. Diagrams are provided for illustrative purposes only and are not intended to convey required architectural style. Rather, the objective design standards aim to accommodate a variety of styles, construction types (e.g., wood frame, modular) and housing types including townhomes, apartments, condos, and mixed-use buildings. (b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5), both new construction and renovations, within the following zones and combining districts:
(1) Chapter 18.13: RM-20, RM-30, RM-40
(2) Chapter 18.16: CN, CC, CC(2), CS
(3) Chapter 18.18: CD-C, CD-S, CD-N
(4) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM
(5) Chapter 18.28: PF
(6) Chapter 18.34: PTOD combining district
Housing Development Projects include multifamily housing with three or more units (“multiple- family use” as defined in 18.04.030), supportive and transitional housing, and residential mixed-
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use projects with at least two-thirds residential square footage shall meet the objective design standards.
(c) Process and Alternative Compliance
Each section of this chapter includes two components:
(1) Contextual design criteria establish design intent for more detailed standards and are intended to give guidance for all applicable projects, regardless of use. (2) Objective design standards provide detailed measurable standards or options for compliance. Projects meeting objective standards are automatically assumed to meet contextual design criteria.
Housing Development Projects are required to comply with objective standards in order to take advantage of streamlined review pursuant to Section 18.77.073. However, applicants may choose to forgo one or more objective standards, in which case the housing project no longer meets the definition of a Housing Development Projectqualifies for streamlined review and will be evaluated based on Context-Based Design Criteria for the zoning district, if relevant, and be subject to architectural review as set forth in Sections 18.76.020 and 18.77.070.
Non-Housing Development Projects and non-residential projects shall adhere to the Context- Based Design Criteria for the zoning district, if relevant, and be subject to architectural review as set forth in Section 18.76.020 and 18.77.070.
(d) Definitions
In addition to definitions provided in Chapter 18.04, the following definitions are specific to this Chapter.
(1) “Primary Building Frontage” means the front lot line or frontage lot line along the public right-of-way. In the case of a through-lot or corner lot, the primary building frontage could be on either public right-of-way.
(2) “Primary Building Entry” means the entrance leading to a lobby and accessed from the primary building frontage.
(3) “Pedestrian Walkway” means a sidewalk or path that is publicly-accessible and connects from a public right-of-way or private street to another public right-of-way, private street, or publicly accessible open space.
(4) “Façade Modulation” means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.
18.24.020 Public Realm/Sidewalk Character
(a) Contextual Design Criteria
To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks). (2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
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(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.
(5) Utilize street parking for visitor or customer parking and to enhance traffic calming. (b) Objective Design Standards
(1) Sidewalk Widths
(A) Public sidewalks abutting a development parcel in any commercial mixed-use district (CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided.
Notwithstanding the total dimensions required herein, the following streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft (B) Publicly accessible sidewalks or walkways, with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width. (C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.
Figure 1: Illustrative Sidewalk Section and Description of Zones
Mixed-Use Frontage Residential Frontage
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Table 1: Allowed features by sidewalk zone
Frontage Sidewalk Street
Building
Setback
Frontage
Area
Pedestrian
Clear Zone Landscape/Furniture Zone Vehicles/Bike
Lanes
Mixed-Use
• Sidewalk Dining
• Outdoor Displays
• Public Art
• Seating
• Trees/Planting
Residential
• Stoops
• Porches
• Front Yards
• Trees/Planting
• Sidewalk
• Street Trees/Planting
• Street Lighting
• Seating
• Bike Parking
• Public Art
• Outdoor Dining
• Bus Shelters
• Utilities (e.g., hydrants)
• Street
Parking
• Bike Lanes
• Drop-off
Zones
• Parklets
• Bus Stops
(2) Street Trees
Sidewalks shall include at least one street tree, within six feet of the sidewalk, for every 30 feet of linear feet of sidewalk length. Rights of way under control of the County of Santa Clara or State of California, supersede this requirement if they have conflicting regulations.
(3) Accent Paving
On University and California Avenues, new construction projects shall install accent paving along the project frontage(s) (e.g., at intersections, sidewalks and/or other publicly-accessible areas), as indicated in the table below.
Table 2: Accent Paving
Street Segment Paving Material
University Avenue from Alma Street to
Webster Street
Brick at corners
Brick trim at mid-block
California Avenue from El Camino Real to
Park Boulevard
Decorative Glass throughout sidewalk
(4) Mobility Infrastructure
(A) Where provided or required, Mmicromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of-way.
(B) Primary building entries shall provide at least one exterior seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right-of-way within 50 feet of the building entry. On arterials—except Downtown—seating areas
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or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.
18.24.030 Site Access
(a) Contextual Design Criteria
To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points. (2) Connections to side streets, open spaces, mews, alleys, and paseos (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.
(4) Shared access agreements among property owners, where feasible, to reduce the number and widths of curb cuts and driveways.
(b) Objective Design Standards
(1) Through-Lot Connections.
Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway connecting the two streets.
(2) Building Entries.
Primary Building Entries shall be located from a public right-of-way. or, If there is no public right-of-way adjacent to the building, if not possible, entries shall be located from a private street or publicly accessible Pedestrian Walkway. (3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets when they abut the property where available.
(B) Except for driveway access and short-term loading spaces, off-street parking, off- street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.
(4) Loading Docks and Service Areas.
Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades that do not face other than thea primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened by a solid fence or wall or dense landscaping, in accordance with Chapter 18.23.050.
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(B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter 18.23.050 by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.
18.24.040 Building Orientation and Setbacks
(a) Contextual Design Criteria
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses.
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces. (5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development. (6) Landscaped or usable areas that contain a balance between landscape and hardscape. (7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.
(b) Objective Design Standards
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Examples: Wrap around front porch, bay window. (2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A) Street wall shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:
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(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building
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(ii) A different material application and/or fenestration pattern from the rest of the façade.
(iii) A change in height of at least 4 feet greater or less than the height of the abutting adjacent primary façade.
(B) An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining
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(iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% open/transparent.
(3) Primary Building Entry
The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet.
(ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.
(4) Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation.
(B) Ground floor units with a setback greater than 15 feet shall have at minimum an average of one tree per 40 linear feet of façade located in the building set back.
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(C) Ground floor residential unit entries shall be setback a minimum of 10 feet from the back of sidewalk.
(D) Where no minimum building set back is required, all residential units shall be set back a minimum 5 feet from back of walk.
(E) A minimum of 80% of the ground floor residential units that face a public right- of-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space. (Senior units or other deed- restricted units for special populations are exempt)
Figure 2a: Finished Floor heights for ground floor residential units, calculation.
Formula: 𝑦𝑦 = �−
4 15� (𝑥𝑥) +
16 3
where 𝑦𝑦 = ground floor finished floor height, in feet
and 𝑥𝑥 = setback distance from back of walk, in feet
Setback Length Ground Floor Finished Floor
Height (minimum)
5 ft* 4 ft
7.5 ft 3 ft 4 in
10 ft 2 ft 8 in
12.5 ft 2 ft
15 ft 1 ft 4 in
17.5 ft 8 in
20 ft 0 ft (grade)
*Per 18.24.040.(b)(4)(D), ground-floor residential units shall be set back a minimum 5 feet from back of walk.
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Figure 2b: Finished Floor range for ground floor residential units.
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Example 1: Finished floor height greater than 4 feet above sidewalk grade with minimum 5 feet setback.
Example 2: Finished floor height in the middle of the range.
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Example 3: Finished floor height at sidewalk grade.
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.
(6) Side Year Setback Character
(A) Each detached dwelling unit shall have at least one usable side yard, at least 6 feet wide, between the house and fence or other structure, to provide outdoor passage between the front and rear yards.
18.24.050 Building Massing
(a) Contextual Design Criteria
To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
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(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations
(3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.
(5) Provide harmonious transitions between abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.
(b) Objective Design Standards
(1) Upper Floor Step Backs & Daylight Planes
(A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the façade on the primary building frontage and the facing facadefaçade of the adjacent building, and the step shall occur for a minimum of 70% of each façade length. (B) Notwithstanding, subsection (a), when abutting adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height.
(C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
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(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and
(ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and (iii) The project abuts residential units in the side or rear yard.
(2) Privacy and Transitions to Residential Uses
When a building abuts a residential use at an interior side and/or rear property line , the building shall break down the abutting facing façade and maintain privacy by meeting all of the following applicable standards:
(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.
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(B) Façade Breaks: A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length.
(C) Maximum Amount of Transparent Windowscy: Within 40 feet of the façade of an adjacent structurean abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured. (D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting adjacent residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or
(ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or
(iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting the adjacent privacy impacts; and
(iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity
(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting adjacent residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines to the adjacent property window or open space are permitted within 5 feet above theof finished floorbalcony or deck flooring and a 45- degree angle downward from balcony railing
(ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space
(iii) Provide balcony/deck design measure which may include:
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a. Minimum 85% opaque solid railing
b. Obscure glass railing
c. Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)
(3) Maximum Façade Length.
For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection.
(A) Buildings 250 feet in length or greater, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.
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(4) Special Conditions - Railroad Frontages
All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting facade:
(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length.
(B) For portion of a building 20 feet or greater in height, a maximum continuous façade length shall not exceed 60 feet.
(5) Diversity of Housing Types
(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.
18.24.060 Façade Design
(a) Contextual Design Criteria
To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns. (b) Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design.
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(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible from a right-of-way, are exempt.
(3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from a right-of-way, shall continue color, material, and pattern of the main façade. (c) Objective Design Standards
(1) Base/Middle/Top
(A) Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of three or more of the following four techniques:
(i) Variation in building modulation (minimum of one, if option selected) a. Horizontal shifts. Changes in floor plates that protrude and/ or recess with a minimum dimension of two feet from the primary facade.
b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five-foot step back from the primary façade for a minimum of 80% of the length of the façade.
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c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of two feet for a minimum 80% of the length of the façade.
Ground floor step backs shall not exceed the maximum setback requirements, where stated.
(ii) Variation in facade articulation (minimum of one, if option selected )
a. Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows.
The recess or projection shall be a minimum four inches in depth.
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b. Variation in horizontal and/or vertical projections such as shading and weather protection devices, decorative architectural details
c. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum four inches in height or a minimum two inches in depth and include a change in material;
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(iii) Variation in at least two of the following: fenestration size, proportions, pattern, and depth or projection.
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(iv) Variation in two of the following: façade material, material size, texture and pattern, or color.
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows or recessed panels. The recess shall be a minimum four inches in depth. (ii) Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material;
(iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth;
(v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens;
(vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.
(3) Compatible Rhythm and Pattern
(A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented facades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically
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oriented patterns. Depending on the length of the façade, the following standards apply:
(i) For continuous facades less than 100 feet in length, the façade shall have vertically oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration.
(ii) For continuous facades 100 feet or greater in length, the façade shall include either:
a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm or a unit between 20 to 50 feet in width; or
b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm housing units or individual rooms between 10 to 16 feet in width.
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(B) Residential mixed-use buildings shall express a vertical rhythm and pattern by meeting at least one of the following standards:
(i) Vertical Patterns and Modulation: Facades shall use vertical patterns of building modulation, façade articulation, and fenestration.
(ii) Horizontal Patterns and Modulation: Facades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum four feet wide and two feet deep vertical shift in modulation at least once every 50 feet of façade length.
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(C) Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width. (4) Emphasize Building Elements and Massing
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.
(B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(5) Storefront/Retail Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall maintain a 2 nd
floor datum line of an abutting building.
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.
(C) Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade
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(D) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.
(ii) Awnings may be fixed or retractable.
(6) Other Non-residential Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall match the 2nd floor datum line of an abutting building.
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
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(7) Parking/Loading/Utilities
(A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet) (B) Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet. (C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade parking.
18.24.070 Residential Entries
(a) Contextual Design Criteria
Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy
(b) Objective Design Standards
(1) Ground Floor Unit Entries: Where ground floor residential unit entries are required, one or more of the following entry types shall be provided:
(A) Stoop:
(i) Stoops shall provide entry access for a maximum of two units; and (ii) Stoop heights shall be within 1 step of finished floor height of adjacent unit; and
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(iii) Stoop entry landings shall be a minimum 5 feet in depth; and (iv) The maximum stoop height from the back of sidewalk grade shall be 5 feet.
(B) Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and
(iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet.
(C) Patio Entry
(i) Patio entries may serve up to two units; and
(ii) Patios shall be large enough so a 5-foot by 5-foot square can fit inside of the patio for each unit; and
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(iii) The Patio shall include at least one of the following features to define the transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space. Shrubs shall be at least one gallon in size and be planted a maximum of three feet on center; or
b. A fence not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space, with a gate or fence opening to provide access to the pedestrian route between the pedestrian way and the front door; or
c. A metal, wood or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way and the front door. A minimum 18-inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.
(D) Terrace:
(i) A Terrace may serve multiple unit entries; and
(ii) The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway; and
(iii) Walls, fences and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40 percent.
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(E) Frontage Court:
(i) A Frontage Court may serve multiple unit entries; and (ii) The minimum Frontage Court width along a primary frontage shall be 25 feet; and
(iii) The maximum Frontage Court width along a primary frontage shall be 50 percent of the facade length or 80 feet, whichever is less; and (iv) The minimum Frontage Court depth shall be 25 feet; and (v) The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.
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18.24.080 Open Space
(a) Contextual Design Criteria
To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto. Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place
(4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses
(6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street
(b) Objective Design Standards
(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter.
(B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements:
(i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area (ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4) (2) If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter.
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted.
(D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25
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(E) Include places to sit
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.
18.24.090 Materials
(a) Contextual Design Criteria
To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.
(b) Objective Design Standards
(1) Façade Materials.
Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed-use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB.
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18.24.100 Sustainability and Green Building Design
(a) Contextual Design Criteria
To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:
(1) Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
(2) Design landscaping to create comfortable micro-climates and reduce heat island effects (3) Design landscaping with native species
(4) Maximize onsite stormwater management through landscaping and permeable pavement
(5) Use sustainable building materials
(6) Design lighting, plumbing and equipment for efficient energy use (7) Create healthy indoor environments
(8) Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements
(b) Objective Design Standards
See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.
SECTION 2.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The Council finds that this Ordinance represents the implementation of adopted plans and policy. Therefore, the Ordinance are exempt under the California Environmental Quality Act (CEQA) and/or covered by the CEQA documents prepared for the City of Palo Alto Comprehensive Plan 2030. The project aims to facilitate implementation of State law. The project does not propose to increase development beyond what was analyzed in the Comprehensive Plan.
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SECTION 4. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
_________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_________________________ ____________________________ Assistant City Attorney Director of Planning and
Development Services
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) to Implement Objective Standards, Streamline Processing of Housing Development Applications, and Otherwise Clarify the Zoning Code.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Subdivisions (a)(102) and (a)(142) of Section 18.04.030 (Definitions) of Chapter
18.04 (Definitions) of Title 18 (Zoning) are amended and a new Subdivision (a)(75.5) is added as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings ascribed in this section.
[. . .]
(73.5) “Housing Development Project” means the a proposed development meeting the definition set forth in California Government Code section 65589.5, subdivision (g)(2).
[. . .]
(102) “Multiple-family (residential)
use” means the use of a site for three or more dwelling units, which may be in the same building or in separate buildings on the same site. A single- family or two-family use with one or more Accessory Dwelling Units shall not be considered a multiple-family use.
[. . .]
(75.5) “Landscape/Open Space Coverage” means permanently maintained open space that includes all Usable Open Space (see subsection 142), landscape, and other uncovered areas, but excluding parking facilities, driveways, utility or service areas, or areas with mechanical equipment.
[. . .]
(142) “Usable open space” means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation, or
pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas, or areas with mechanical equipment. Usable open space includes common open spaces,
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such as courtyards and park spaces, and/or private open spaces, such as balconies and patios, depending on the requirements of the zoning district.
Usable open space may be covered if at least 50% open on the sides. Usable open space shall be sited and designed to accommodate all groups including children, seniors, and other adults, different activities including active and passive recreation and uses, and should be located convenient to the intended users (e.g., residents, employees, or public). Any usable open space that is not landscaped shall be developed to encourage outdoor recreational use and shall include elements such as decks, seating, decorative paved areas and walkways which do not serve as an entrance walkway. Usable open space shall be screened from utility or service areas, and areas with mechanical equipment. Parking, driveways and required parking lot landscaping shall not be counted as usable open space.
SECTION 2
. Section 18.08.030 (References to Districts) of Chapter 18.08 (Designation and Establishment of Districts) of Title 18 (Zoning) is amended as follows:
18.08.030 References to Districts
Reference within this title to residential districts generally and as a grouping, includes all districts identified in this section. Where references are made to more restrictive or less restrictive residential districts, such references shall apply sequentially between the most restrictive and the least restrictive.
Residential District Restrictive Reference
RE Most Restrictive
Least Restrictive
R-1 (20,000)
R-1 10,000)
R-1 (8,000)
R-1 (7,000)
R-1
R-2
RMD
RM-20
RM-30
RM-40
SECTION 3
. Subsections (a), (b), (e), (f), (g), and (h) of Section 18.13.040 (Development Standards) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) are amended as follows:
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18.13.040 Development Standards
(a) Site Specifications, Building Size and Bulk, and Residential Density The site development regulations in Table 2 shall apply in the multiple-family residence districts, provided that more restrictive regulations may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regulations set forth in Chapter 18.76, performance criteria set forth in Chapter 18.23, and the context-based objective design criteria standards set forth in Section 18.13.060Chapter
18.24. Table 2
Multiple Family Residential Development Table
RM-20 RM-30 RM-40 Subject to
regulations
in:
[…]
Minimum Setbacks
[…]
18.13.040(b) Interior Rear Yards (ft)3 10 10 10
[…]
Minimum Site Landscape/Open Space
Coverage(5) (percent)
35 30 20 18.13.040(e)
18.24.040
18.13.040(e)
18.24.040
18.13.06018.2
4.040
Minimum Usable Open Space (sf per
unit)(5)
150 150 150
Minimum common open space (sf per
unit)
75 75 75
Minimum private open space (sf per
unit)
50 50 50
Performance Criteria See provisions of Chapter 18.23 Ch. 18.23 Landscape Requirements 18.40.130
Parking(6) See provisions of Chapters 18.52
and 18.54
Ch. 18.52
Footnotes:
[…]
(5) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total site landscape/open space coverage after usable open space requirements are met. (6) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem are intended for use by the same residential unit. For projects with more than four (4) units, not more than 25% of the required parking spaces shall be in a tandem configuration. […]
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(b) Setbacks, Daylight Planes and Height - Additional Requirements and Exceptions (1) Setbacks
(A) Setbacks for lot lines adjacent to an arterial street, expressway or freeway, as designated in the Palo Alto Comprehensive Plan, shall be a minimum of twenty-five feet (25'), except that lesser setbacks may be allowed or required by the Planning Director, upon recommendation by the Architectural Review Board, where prescribed by the context-based criteria outlined in Section 18.13.060. Special setbacks of greater than 25 feet may not be reduced except upon approval of a design enhancement exception or variance.
(A)
(A)(B) Required parking spaces shall not be located in a required front yard, nor in the first ten feet (10') adjoining the street property line of a required street side yard.
(B)(C) Projections into yards are permitted only to the extent allowed by Section 18.40.070 of this code.
(2) Height and Daylight Planes
(A) Exceptions to maximum height limitations are permitted only to the extent allowed by Section 18.40.090 of this code.
(B) The following features may extend beyond the daylight plane established by the applicable district, provided that such features do not exceed the height limit for the district unless permitted to by Section 18.40.090 of this code:
i. Television and radio antennas;
ii. Chimneys and flues that do not exceed 5 feet in width, provided that chimneys do not extend past the required daylight plane a distance exceeding the minimum allowed pursuant to Chapter 16.04 of this code. iii. Cornices and eaves, excluding flat or continuous walls or enclosures of usable interior space, provided such features do not extend past the daylight plane more than 4 feet, and so long as they do not encroach into the side setback greater than 2 feet.
[. . .]
(e) Usable Open Space
The following usable open space regulations shall apply:
(1) Required Minimum Site Open Space. Each site shall, at a minimum, have a portion of the site, as prescribed in Table 2, developed into permanently maintained open space. Site open space includes all usable open space plus landscape or other uncovered areas not used for driveways, parking, or walkways.
(2) Usable Open Space (Private and Common). Each project shall, at a minimum, have a portion of the site, as prescribed in Table 2, developed into permanently maintained usable open space, including private and common usable open space areas. Usable open space shall be located protected from the activities of commercial areas and adjacent public streets and
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shall provide noise buffering from surrounding uses where feasible. (A) Private Usable Open Space. Each dwelling unit shall have at least one private usable open space area contiguous to the unit that allows the occupants of the unit the personal use of the outdoor space. The minimum size of such areas shall be as follows:
(i) Balconies (above ground level): 50 square feet, the least dimension of which shall is 6 feet.
(ii) Patios or yards in the RM-20 and RM-30 districts: 100 square feet, the least dimension of which is 8 feet for at least 75% of the area. ara. (iii) Patios or yards in the RM-40 district: 80 square feet, the least dimension of which is 6 feet for at least 75% of the area.
(B) Common Usable Open Space. The minimum designated common open space area on the site shall be 10 feet wide and each
such designated area shall comprise a minimum of 200 square feet. In the RM-30 and RM-40 districts, part or all of the required private usable open space areas may be added to the required common usable open space in a development, for purposes of improved design, privacy, protection and increased play area for children, upon a recommendation of the Architectural Review Board and approval of the Director.
(f) Personal Services, Retail Services, and Eating and Drinking Services in the RM-30 and RM-40 Districts
Within a single residential development containing not less than 40 dwelling units, personal services, retail services, and eating and drinking services solely of a neighborhood- serving nature to residents in the development or in the general vicinity of the project may be allowed upon approval of a conditional use permit, subject to the following limitations and to such additional conditions as may be established by the conditional use permit:
(1) Total gross floor area of all such uses shall not exceed 5,000 square feet or three percent of the gross residential floor area within the development, whichever is smaller, and may not occupy any level other than the ground level or below grade levels.
(2) A maximum of 2,500 square feet of retail and/or service and/or eating and drinking uses shall be allowed per establishment.
(3) Personal services, retail services, and eating and drinking services provided in accordance with this section shall not be included in the gross floor area for the site. (4) The conditional use permit for the project may preclude certain uses and shall include conditions that are appropriate to limit impacts of noise, lighting, odors, parking and trash disposal from the operation of the commercial establishment. The hours of operation shall be limited to assure compatibility with the residential use and surrounding residential uses.
(5) Allowable Neighborhood-Serving Uses. A neighborhood -serving use primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of local customers and clients can walk, bicycle or travel short distances, rather than relying primarily on automobile access or the provider
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of the goods or services traveling off-site. Allowable neighborhood-serving personal services, retail services and eating and drinking services may include, but are not limited to, "agent" dry cleaners, flower shops, convenience grocery stores (excluding liquor stores), delicatessens, cafes, fitness facilities, day care facilities, and similar uses found by the Planning Director to be compatible with the intent of this provision. (6) Sign programs, including size, number, color, placement, etc. shall be permitted only as specified in the conditional use permit and by the Planning Director upon recommendation of the Architectural Review Board
(7) Off-street parking and bicycle facilities, in addition to facilities required for residential uses, shall be provided as may be specified by the conditional use permit.
However, there shall not be less than one parking space for each employee working or expected to be working at the same time.
(8)(6)For any project, other than a 100% affordable housing project, containing forty (40) or greater units and located more than 500 feet from neighborhood commercial services, as determined by the Director, a minimum of 1,500 square feet of neighborhood serving retail, personal service, and/or eating or drinking uses shall be provided, subject to the above limitations. No conditional use permit is required, but the commercial use shall be reviewed by the Architectural Review Board as part of the architectural review approval. A minimum of one parking space for each employee working or expected to be working at the same time shall be provided. A "100% affordable housing project" as used herein means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average household income does not exceed 80% of the area median income level, except for a building manager's unit.
(g) Redevelopment of Sites with Non -complying Density
For a parcel with a residential use that exceeds the maximum unit density of the applicable zoning district, the Director may grant an exception to the maximum unit density standard and allow the parcel to be redeveloped to replace the legally established residential units at the existing density, subject to all of the following:
(1) The applicant must make the request for exception under this provision at the time of project application;
(2) The project is a residential rental project;
(3) The project complies with all other applicable development standards; and (4) The project shall not be eligible for a density bonus under Chapter 18.15 (Residential Density Bonus). The applicant must elect whether to utilize state density bonus law or the exception described herein as an alternative to state density bonus law.
(h) General Standards, Exceptions, and Performance Criteria In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.2340 (Performance Criteria for Multiple Family,
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Commercial, Manufacturing and Planned Community Districts (General Standards and Exceptions).
SECTION 4. Subsection (c) of Section 18.13.050 (Village Residential Development) of Chapter
18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is amended and Subsection (f) is added as follows:
18.13.050 Village Residential Development
[. . .]
(c) Development Standards
Table 3 specifies the development standards for new Village Residential developments that provide for individual lots established for sale of one housing unit on a lot. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24context-based design criteria outlined in Section 18.13.060 , provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:
Table 3
Village Residential Development Table
Village Residential Subject to regulations in:
[…]
Minimum Site Landscape/
Open Space Coverage (4)
35% of entire site18.13.040 18.13.040(e)
18.24.040
18.13.040(e)
18.24.040
18.13.06018.24.040
Minimum Usable Open
Space (per unit) (3)(4)
300 sq. ft.
Minimum Common Open
Space (per unit)
No requirement
Minimum Private Open Space
(per unit)
100 sq. ft.
Performance Criteria Ch. 18.23
Landscape Requirements 18.40.130
Parking (5) See provisions of Chapter
18.52 and 18.54
Ch. 18.52 and 18.54
Footnotes:
(1) Individual lots are created by subdividing the development site to create one for -sale lot per dwelling unit.
Overall development intensity (FAR, site coverage, landscape/open space) shall be calculated across the entire site to comply with RM-20 zone standards, and setbacks and daylight planes at the perimeter of the site shall comply with RM-20 setbacks and daylight planes. For common-ownership developments such as condominiums and apartments, the underlying multiple-family zone district development standards shall
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apply.
(2) Covered parking that is attached to the residence shall be included in the maximum house size. (3) Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square feet per required parking space that is covered. Covered parking spaces in excess of required parking spaces count as floor area.
(4) Subject to the limitations of Section 18.13.040(e). Usable open space is included as part of the minimum site landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total site landscape/open space coverage after usable open space requirements are met. (5) Tandem parking is allowed for any unit requiring two parking spaces, provided that both spaces in tandem are intended for use by the same residential unit. For projects with more than four (4) units, not more than 25% of the required parking spaces shall be in a tandem configuration.
[. . .]
SECTION 5. Section 18.13.055 (General Standards, Exceptions, and Performance Criteria) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is added as follows:
18.13.055 General Standards, Exceptions, and Performance Criteria In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.40 General Standards and Exceptions).
SECTION 6. Section 18.13.060 (Multiple Family Context-Based Design Criteria) of Chapter 18.13 (Multiple Family Residential (RM-20, RM-30 and RM-40) Districts) of Title 18 (Zoning) is amended to read as follows:
18.13.060 Multiple Family Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development Projects in the RM districts shall comply with the objective design standards outlined in Chapter
18.24, as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.
(a) Contextual and Compatibility Criteria
Development in a multiple-family residential district shall be responsible to its context and compatible with adjacent development.
[. . .]
SECTION 7. Subsections (a), (b), (f), (i) and (k) of Section 18.16.060 (Development Standards) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) are amended as follows:
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18.16.060 Development Standards
(a) Exclusively Non-Residential Uses
Table 3 specifies the development standards for exclusively non-residential uses and alterations to non-residential uses or structures in the CN, CC, CC(2) and CS districts. These developments shall be designed and constructed in compliance with the following requirements and the context-based design criteria outlined in Section 18.16.090 , provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section
18.76.020.
[…]
(b) Mixed Use and Residential
Table 4 specifies the development standards for new residential mixed use developments and residential developments. These developments shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter
18.24. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the context-based design criteria outlined in Section 18.16.090, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020
.
Table 4
Mixed Use and Residential Development Standards
CN CC CC(2) CS Subject to
regulations in:
[…]
Minimum
Landscape/Open Space
Coverage
35% 30% 20% 30%
Usable Open Space
(Private and/or Common)
150 sq ft per unit (2) 18.16.090
[…]
[. . .]
(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the
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city council pursuant to Section 18.76.020.
[. . .]
SECTION 8. Section 18.16.080 (Performance Standards) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended as follows:
18.16.080 General Standards, Exceptions, and Performance Standards
In addition to the standards for development prescribed above, all development in the CN, CS, CC, and CC(2) districts shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.2340 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.2340 of the Zoning Ordinance.
SECTION 9. Section 18.16.090 (Context-Based Design Criteria) of Chapter 18.16 (Neighborhood, Community, And Service Commercial (CN, CC And CS) Districts) of Title 18 (Zoning) is amended to read as follows:
18.16.090 Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development Projects in the CN, CS, CC, and CC(2) districts shall comply with the objective design standards outlined in Chapter 18.24, as defined therein. All other developments, and all Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.
(a) Contextual and Compatibility Criteria
Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.
[. . .]
SECTION 10. Subsections (a), (b), and (k) of Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) are amended as follows:
18.18.060 Development Standards
(a) Exclusively Non-Residential Use
Table 2 specifies the development standards for new exclusively non-residential uses and alterations to non-residential uses or structures in the CD district, including the CD-C, CD-S, and CD-N subdistricts. These developments shall be designed and constructed in
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compliance with the following requirements and the context- based design criteria outlined in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:
[. . .]
(b) Mixed Use and Residential
Table 3 specifies the development standards for new residential mixed use developments and residential developments. These developments Housing Development Projects shall be designed and constructed in compliance with the following requirements and the objective design standards in Chapter 18.24. Non-Housing Development Projects and Housing Development Projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet context-based design criteria outlines in Section 18.18.110, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020:
TABLE 3
MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS
CD-C
CD-S
CD-N
Subject to regulations in
Section:
[…]
Usable Open
Space (Private
and/or Common)
150 sq ft per unit (1) 18.18.110
[…]
[. . .]
(k) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Section 16.48.070.
[. . .]
SECTION 11. Subsection (b) (Restrictions on Floor Area Bonuses) of Section 18.18.070 (Floor Area Bonuses) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:
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18.18.070 Floor Area Bonuses
[. . .]
(a) Restrictions on Floor Area Bonuses
The floor area bonuses in subsection (a) shall be subject to the following restrictions:
(1) All bonus square footage shall be counted as square footage for the purposes of the 350,000annual square foot limit on office development specified in Section
18.40.210.18.18.040.
(2) All bonus square footage shall be counted as square footage for the purposes of the project size limit specified in Section 18.18.060(a). (3) In no event shall a building expand beyond a FAR of 3.0:1 in the CD-C subdistrict or a FAR of 2.0:1 in the CD-S or CD-N subdistrict. (4) The bonus shall be allowed on a site only once.
(5) For sites in Seismic Category I, II, or III, seismic rehabilitation shall conform to the analysis standards referenced in Chapter 16.42
of this code.
(6) For sites in Historic Category 1 or 2, historic rehabilitation shall conform to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7).
(7) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, no bonus shall be granted unless the project includes both seismic and historic rehabilitation conforming to the standards in subsections (5) and (6). (8) For sites in both Seismic Category I, II, or III and Historic Category 1 or 2, a bonus granted under this section that will be used on- site is subject to the following requirements:
(A) The city council must approve on-site use of such a FAR bonus. Such approval is discretionary, and may be granted only upon making both of the following findings:
(i) The exterior modifications for the entire project comply with the U.S.
Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR §67,7); and
(ii) The on-site use of the FAR bonus would not otherwise be inconsistent with the historic character of the interior and exterior of the building and site. (B) The applicant for on-site use of a cumulative floor area bonus shall have the burden of demonstrating the facts necessary to support the findings required for council approval.
[. . .]
SECTION 12. Subsection (f) (Limitations On Usage of Transferable Development Rights) of Section 18.18.080 (Transfer of Development Rights) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:
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18.18.080 Transfer of Development Rights
[. . .]
(d) Limitations On Usage of Transferable Development Rights No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would:
(1) Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (2) Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet. (3) Cause the annual development office limitation or project size limitation set forth in Section 18.18.04018.40.210 to be exceeded.
(4) Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts.
[. . .]
SECTION 13. Section 18.18.100 (Performance Standards) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended as follows:
18.18.100 General Standards, Exceptions, and Performance Standards
In addition to the standards for development prescribed above, all development shall comply with the performance criteria, general standards, and exceptions outlined in Chapter 18.2340 of the Zoning Ordinance. All mixed use development shall also comply with the applicable provisions of Chapter 18.2340 of the Zoning Ordinance.
SECTION 14. Section 18.18.110 (Context-Based Design Criteria) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is amended to read as follows:
18.18.110 Context-Based Design Criterial and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development Projects in the CD districts shall comply with the objective design standards outlined in Chapter
18.24, as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.
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(a) Contextual and Compatibility Criteria
Development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.
[. . .]
SECTION 15. Subsections (a), (i), and (j) of Section 18.20.040 (Site Development Standards) of Chapter 18.20 (Office, Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) are amended as follows:
18.20.040 Site Development Standards
[. . .]
(i) Reserved Recycling Storage
All new development, including approved modifications that add thirty percent or more floor area to existing uses, shall provide adequate and accessible interior areas or exterior enclosures for the storage of recyclable materials in appropriate containers. The design, construction and accessibility of recycling areas and enclosures shall be subject to approval by the architectural review board, in accordance with design guidelines adopted by that board and approved by the city council pursuant to Chapter 18.76.
[. . .]
SECTION 16. Section 18.20.050 (Performance Criteria) of Chapter 18.20 (Office, Research, And Manufacturing (MOR, ROLM, RP And GM) Districts) of Title 18 (Zoning) is amended as follows:
18.20.050 General Standards, Exceptions, and Performance Criteria
All development in the Office/Research/Manufacturing zoning districts shall comply with the applicable requirements and guidelines outlined in Chapter 18.2340, including performance criteria. Such requirements and guidelines are intended to reduce the impacts of these non-residential uses on surrounding residential districts and other sensitive receptors.
SECTION 17. Section 18.23.010 (Purpose and Applicability) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety.
SECTION 18. Section 18.23.020 (Refuse Disposal Areas) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.240 (Refuse Disposal Areas) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:
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18.40.240 Refuse Disposal Areas
(a) Purpose
Assure that development provides adequate and accessible interior areas or covered exterior enclosures for the storage of refuse in appropriate containers with storage capacity for a maximum of one week, and that refuse disposal structures and enclosures are located as far from abutting residences as is reasonably possible. The following requirements apply to new construction, change of use, additional uses, and/or renovating thirty (30) percent or more existing floor area.
(b) Requirements
(1) Location and Capacity
(A) Capacity shall meet or exceed standards pursuant to Chapter 5.20: Collection, Removal, and Disposal of Refuse and current refuse enclosure regulations identified in the “City of Palo Alto Refuse Enclosure Area Guidelines for New Construction and Redevelopment Projects” and the “Refuse Enclosure Design Guide” maintained by the Public Works Department.
(B) Refuse disposal and structures and enclosures shall be accessible to all residents or users of the property.
(C) Mixed use development shall have separate enclosures for each use classification (example: residential and commercial)
(D) Compostable materials and recyclable materials f acilities containers shall be located adjacent to solid waste containers, sized, and designed to encourage and facilitate convenient use.
(E) Refuse enclosures shall be no closer than 20 feet from any dwelling unit (including those on abutting properties). No minimum distance from dwellings is required if containers are located within a fully enclosed utility room. (F) Individual refuse containers may be used to serve residential projects with one or two dwelling units. Shared containers shall service residential projects with three or more units, unless otherwise approved by the Public Works Director or any designee.
(2) Screening and Enclosures
(A) Enclosures shall be design pursuant to the current refuse enclosure regulations found in the “City of Refuse Enclosure Area Guidelines for New Construction and Redevelopment Projects” and “Refuse Enclosure Design Guide” standards maintained by the Public Works Department.
(B) Refuse disposal areas shall be screened from public view by masonry , wood, or other opaque and durable material, and shall be enclosed and or located within a building or covered enclosure.
(C) Enclosures shall have a roof, walls, and be at least 6 feet tall. Enclosures shall include wheel stops or curbs to prevent dumpsters from damaging enclosure walls. (D) Gates or other controlled access shall be provided where feasible. (E) Chain link enclosures are strongly discouraged prohibited.
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(F) Refuse disposal structures and enclosures shall be architecturally compatible with the design of the project.
(G) Notwithstanding, subsections ii and iii above, in lower density residential districts (RE, R-1, R-2, and RMD), containers may be stored under extended eaves at least 3 feet deep, without full enclosures.
(H) The design, construction and accessibility of refuse disposal areas and enclosures shall be subject to approval by the Architectural Review Board, in accordance with design guidelines adopted by that Board and approved by the Council pursuant to Section 18.76.020.
SECTION 19. Section 18.23.030 (Lighting) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.250 (Lighting) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:
18.40.250 Lighting
(a) Purpose:
Exterior lighting of parking areas, pathways, and common open spaces, including fixtures on building facades and free-standing lighting should aim to:
(1) Minimize the visual impacts of lighting on abutting or nearby residential sites properties and from adjacent roadways.
(2) Exterior lighting in parking areas, pathway s and common open space shall be designed to achieve the following: Provide for safe and secure access on a site and adjacent pedestrian routes
(3) Achieve maximum energy efficiency and reduce impacts or visual intrusions on abutting or nearby properties from spillover and
(4) Complement the architectural design of the project
(b) Guidelines:
(1) Lighting of the building exterior, parking areas and pedestrian ways should be of the lowest intensity and energy use adequate for its purpose, and be designed to focus illumination downward to avoid excessive illumination above the light fixture. (2) Interior lighting shall be designed to minimize nighttime glow visible from and/or intruding into nearby properties.
(3) Unnecessary continued illumination, such as illuminated signs or back-lit awnings, should be avoided. Internal illumination of signs, where allowed, should be limited to letters and graphic elements, with the surrounding background opaque.
Illumination should be by low intensity lamps.
(4) Timing devices and dimmers should be considered used for exterior and interior lights in order to minimize light glare at night without jeopardizing security of employees and control lighting levels. At the time of project approval, the project applicant must should demonstrate how interior and exterior lighting sources will be reduced after operating hours or when the use of the facility is reduced.
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(c) Requirements
(1) The use of high pressure sodium and metal halide are permitted light sources. Low pressure sodium is not allowed.
(2) Exterior lighting fixtures shall be mounted less than or equal to 15 feet from grade to top of fixture in low activity or residential parking lots and 20 feet in medium or high activity parking lots.
(3) Levels of exterior illumination for most uses range from 0.5 to 5 footcandles.
Areas of higher or lower levels of illumination should be indicated on project plans. (4) Where the light source is visible from outside the property boundaries on an abutting residential use, such lighting shall not exceed 0.5 foot-candle as measured at the abutting residential property line.
(5) Interior lighting shall be shielded to eliminate glare and light spillover beyond the perimeter property line of the development.
(6) Light fixtures shall not be located next to driveways or intersections, which obstruct be located at least 3 feet from curbs and 10 feet from driveways or intersections, to avoid obstructing clear sight distance triangles.
(7) Pedestrian and security lighting fixtures shall be fully shielded shall be directed downward. Architectural lighting that projects upward from the ground as used in landscaping, courtyards, or building accent should be directed onto the building face so as not to affect abutting land uses .
(8) Non-residential projects, adjacent to residential zoning districts or residential uses, shall use timing devices, dimmers, and/or window shades with timers in order to minimize light glare at night and control lighting levels from exterior and interior lights.
SECTION 20. Section 18.23.040 (Late Night Uses and Activities) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.42.040 (Lighting) of Chapter
18.42 (Standards for Special Uses) of Title 18 (Zoning) is added as follows:
18.42.040 Late Night Uses and Activities
(A) Purpose
The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up.
(B) Requirements
(i) Retail (including restaurants) or service commercial businesses abutting or within 50 feet of residentially zoned proper ties or properties with existing residential uses located within nonresidential zones, that are open or with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. shall be operated in a manner to protect residential
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properties from excessive noise, odors, lighting or other nuisances from any sources during those hours.
(ii) Where planning or building permits are required or for a change in use that results in any such commercial business in the CN or CS zone districts, operating or with activities between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall be obtained and conditions of approval shall be applied as deemed necessary to ensure the operation is compatible with the abutting (or within 50 feet of) residen tial property. Said use permit shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m.
(iii) Truck deliveries shall not occur before 6:00 a.m. or after 10:00 p.m., except pursuant to the provisions of a conditional use permit.
SECTION 21. Section 18.23.050 (Visual, Screening and Landscaping) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.40.260 (Visual Screening and Landscaping) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is added as follows:
18.40.260 Visual Screening and Landscaping
(a) Purpose
Utilities, mechanical equipment, service areas, and other site fixtures should be:
(1) Integrated into the site planning and architectural design of a project and surrounding uses
(2) Visually screened from public view and from adjacent properties through architectural design, landscaping and screening devices Privacy of abutting residential properties or properties with existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate.
(b) Requirements
(1) For non-residential properties abutting residential uses:
(i) A solid wall or fence between five and eight feet in height shall be constructed and maintained along the residential property line where privacy or visual impacts are an issue.
(ii) Walls facing residential properties shall incorporate architectural design features and landscaping in order to reduce apparent mass and bulk. (iii) Loading docks and exterior storage of materials or equipment shall be screened from view from residential properties by fencing, walls or landscape buffers.
(iv)
All required interior yards (setbacks) abutting residential properties shall be planted and maintained as a landscaped screen. (2) For all project types:
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(i) All areas not covered by structures, service yards, walkways, driveways, and parking spaces shall be landscaped with ground cover, shrubs, and/or trees. (ii) Rooftop equipment shall be screened by a parapet or enclosure. Rooftop equipment or rooftop equipment enclosures shall not extend above a height of 15 feet above the roof, and any enclosed rooftop equipment nearest residential property shall be set back at least 20 feet from the building edge closest to the residential property or a minimum of 100 feet from the property line, whichever is closer. Roof vents, flues and other protrusions through the roof of any building or structure shall be obscured from ground- level public view (when viewed from the sidewalk on the opposite side of a street), by a roof screen or proper placement. See Section 18.40.090 (height limit exceptions) for further restriction s.
(iii) A minimum 10-foot planting and screening strip shall be provided adjacent to any façade abutting a low density residential district (R -1, R-2, or RMD) or abutting railroad tracks .
(iv) All exterior mechanical and other types of equipment, whether installed on the ground or attached to a building roof or walls, shall be screened obscured from public view, and if visible and feasible when viewed from the abutting opposite sidewalk.
(v) Windows, balconies or similar openings above the first story should be offset so as not to have a direct line-of-sight into the interior living areas of adjacent units within the project or into units on abutting residential property.
(c) Guidelines
(1) For landscape buffers to provide a visual screen, trees and shrubs in the buffer area shall be installed in a manner that provides maximum visual separation of residential uses from the commercial or industrial use, taking into consideration topography and sight lines from residences.
(2) Size and density of plant materials shall be in proportion to the size of planting areas and the mass of the structure.
(3) Plant material selection shall take into consideration solar orientation, drought tolerance, maintenance requirements and privacy screening. (4) Plant material species and container sizes shall allow for a mature appearance within five years.
(5) Roof vents, flues and other protrusions through the roof of any building or structure should be clustered where feasible and where visual impacts would thereby be minimized.
(6) Building elevations facing residential property should not have highly reflective surfaces, such as reflective metal skin and highly reflective glazing. The paint colors should be in subdued hues.
(7) Increased setbacks or more restrictive daylight planes may be proposed by the applicant, or recommended by the architectural review board, as mitigation for the visual impacts of massive buildings.
(8) Appropriate landscaping should be used to aid in privacy screening.
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(9) Planting strips and street trees should be included in the project. (10) Textured and permeable paving materials should be used, where feasible, in pedestrian, driveway and parking areas in order to visually reduce paved areas and to allow for retention and/or infiltration of storm water to reduce pollutants in site runoff.
(11) Landscaping material associated with screening should have adequate room to grow and be protected from damage by cars and pedestrian traffic. (12) Where rooftops are visible from offsite, they should be treated to minimize aesthetic impacts, including the use of rooftop gardens or other green spaces, where feasible.
SECTION 22. Section 18.23.060 (Noise and Vibration) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.42.190 (Noise and Vibration) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 23. Sections 18.23.070 (Parking) and 18.23.080 (Vehicular, Pedestrian, and Bicycle Site) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) are deleted in their entirety.
SECTION 24. Section 18.23.090 (Air Quality) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.40.270 (Air Quality) of Chapter
18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 25. Section 18.23.100 (Hazardous Materials) of Chapter 18.23 (Performance Criteria for Multiple Family, Commercial, Manufacturing and Planned Community Districts) of Title 18 (Zoning) is renumbered without changes to a new Section 18.42.200 (Hazardous Materials) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning).
SECTION 26. Subchapter 18.30(J) (Affordable Housing (AH) Combining District Regulations) of Chapter 18.30 (Combining Districts) of Title 18 (Zoning) is deleted in its entirety and a new Section 18.32 (Affordable Housing Bonus Incentive Program) is created to read as follows:
Sections:
18.32.010 Specific Purpose
18.32.020 Applicability of Regulations and Affordable Housing Requirement
18.32.030 Definitions
18.32.040 Zoning Map Designation Reserved
18.32.050 Site Development Review Process
18.32.060 Conformance to Other Combining Districts and Retail Preservation
18.32.070 Permitted Uses
18.32.080 Conditional Uses
18.32.090 Development Standards
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18.32.010 Specific Purpose
The affordable housing combining district incentive program is intended to promote the development of 100% affordable rental housing projects located within one-half mile of a major transit stop or one-quarter mile of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, by providing flexible development standards and modifying the uses allowed in the commercial districts and subdistricts.
18.32.20 Applicability of Regulations and Affordable Housing Requirement
The affordable housing incentive program combining district may be combined with the shall apply to properties zoned CD, CN, CS, and CC districts, set forth in Chapters 18.16 and 18.18 of this Title, in accord with Chapter 18.08 and Chapter 18.80, but excluding the Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center. Where so combined, t The regulations established by this chapter shall apply for 100% affordable housing projects in lieu of the uses allowed and development standards and procedures applied in the underlying district. A property owner may elect to use the site consistent with the underlying district, in which case the applicable regulations in Chapters 18.16 and 18.18 for the commercial districts shall apply. The Town and Country Village Shopping Center, Midtown Shopping Center, and Charleston Shopping Center shall not be considered eligible for the application of the affordable housing combining district. (a) The affordable housing combining district incentive program provides flexibility in development standards that allow for a density increase that would in most cases exceed density bonuses under state law, Government Code Section 65915. Therefore, a project applicant may utilize the affordable housing combining district incentive program and the provisions of this chapter as an alternative to use of the state density bonus law implemented through Chapter 18.15 (Residential Density Bonus) of this Title, but may not utilize both the affordable housing combining district incentive program and density bonuses. If an applicant utilizes state density bonus law, the regulations in Chapters 18.16 or
18.18 for the applicable underlying commercial district shall apply.
18.32.030 Definitions
For purposes of this chapter, the following definitions shall apply. (a) "100% affordable housing project" means a multiple-family housing project consisting entirely of for-rent affordable units, as defined in Section 16.65.020 of this code, , except for a building manager's unit, and available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65.
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18.32.040 Zoning Map Designation Reserved
The affordable housing combining district shall apply to properties designated on the zoning map by the symbol "AH" within parentheses, following the commercial designation with which it is combined.
18.32.050 Site Development Review Process
All projects shall be subject to architectural review as provided in Section 18.76.020.
Projects and shall not be subject to the requirements of site and design review in Chapter
18.30(G).
18.32.060 Conformance to Other Combining Districts and Retail Preservation
The following requirements shall apply to projects in the AH affordable housing combining district incentive program:
(a) Where applicable, the requirements of Chapter 18.30(A) (Retail Shopping (R) Combining District Regulations), Chapter 18.30(B) (Pedestrian Shopping (P) Combining District Regulations), and Chapter 18.30(C) (Ground Floor (GF) Combining District Regulations), and Pedestrian Shopping (P) Combining Districts shall apply. (b) Where applicable, the retail preservation requirements of Section 18.40.180 shall apply except as provided below.
(1) Waivers and adjustments
a. Except in the R or GF combining districts, the City Council shall have the authority to reduce or waive the amount of retail or retail like gross floor area required in Section
18.40.180 for any 100% affordable housing project if the City Council determines that it would be in the public interest. Any such reduction or waiver shall not be subject to the waiver and adjustments requirements in Section 18.40.180(c). In the R and GF combining districts, any reduction or waiver in retail or retail like gross floor area shall remain subject to the requirements of Section 18.40.180(c) or the combining district as applicable.
b. The City Council shall have the authority to modify retail parking requirements associated with a 100% affordable housing project that also requires ground floor retail.
18.32.070 Permitted Uses
The following uses shall be permitted in the AH affordable housing combining district incentive program:
(a) 100% affordable housing projects;
(b) In conjunction with a 100% affordable housing project, any uses permitted in the underlying district, provided the uses are limited to the ground floor.
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18.32.080 Conditional Uses
The following uses may be permitted in the AH affordable housing combining district incentive program in conjunction with an 100% affordable housing project, subject to issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approvals), provided that the uses are limited to the ground floor:
(a) Business or trade school.
(b) Adult day care home.
(c) Office less than 5,000 square feet when deed-restricted for use by a not-for-profit organization.
(d) All other uses conditionally permitted in the applicable underlying zoning district.
18.32.090 Development Standards
The following development standards shall apply to projects subject to the AH affordable housing combining district incentive program in lieu of the development standards for the underlying zoning district, except where noted below:
Table 1
Development Standards
AH Incentive Program Combining District(1)
[…]
Landscape/Open
Space Coverage
20%(2)
[…]
Notes:
(1) These developments shall be designed and constructed in compliance with the objective design standards in Section 18.24. Developments that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the performance criteria outlined in Chapter
18.23, as well as the context-based design criteria outlined in Section 18.13.060 for residential-only projects, Section 18.16.090 for mixed use projects in the CN, CC, and CS districts, and Section 18.18.110 for mixed use projects in the CD district, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director of planning and community environment, pursuant to Section 18.76.020. (2) Landscape coverage is the total area of the site covered with landscaping as defined in Chapter 18.04. For the purposes of this Chapter 18.3230(J), areas provided for usable open space may be counted towards the landscape site coverage requirement. Landscape and open space areas may be located on or above the ground level, and may include balconies, terraces, and rooftop gardens.
[…]
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SECTION 27. Section 18.30(K).070 (Development Standards) of Subchapter 18.30(K) (Workforce Housing (WH) Combining District Regulations) of Chapter 18.30 (Combining Districts) of Title 18 (Zoning) is amended to read as follows:
18.30(K).070 Development Standards
[…]
(b) Housing Development Projects shall be subject to objective design standards in Section
18.24. Non-Housing Development Projects and Housing Development projects that elect to deviate from one or more objective standards in Chapter 18.24 shall meet the performance criteria outlined in Chapter 18.23, as well as the context-based design criteria outlined in Section 18.13.090 for residential projects, provided that more restrictive regulations may be recommended by the architectural review board and approved by the director, pursuant to Section 18.76.020.
SECTION 28. Section 18.34.040 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) is amended as follows:
18.34.040 Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations
(a) Properties in the PTOD combining district are subject to the following regulations:
TABLE 2
DEVELOPMENT STANDARDS
Standards1
PTOD - California Avenue
PTOD -
Downtown [Reserved]
[…]
Open Space:
Minimum area required
(Private or Common)
5 or fewer units: 200 sisf. per unit 6 or
more units: 100 s.f. per unit, subject to
Section 18.24.040
Minimum dimensions Private open space: 6 feet Common open space: 12 feet
[…]
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Footnotes:
(1) Non-residential development that is not consistent with the mixed-use limitations set forth above, with the exception of hotels, must be developed per the underlying zoning district regulations.
(2) See Section 18.34.040 (e) for Below Market Rate (BMR) bonus provisions. (3) The residential component of the mixed use may not exceed 1.0:1. (4) The non-residential component of a mixed use project shall not exceed 50% of the total square-footage of the project.
[…]
SECTION 29. Section 18.34.050 (Pedestrian and Transit Oriented Development (PTOD) Combining District Context-Based Design Criteria) of Chapter 18.34 (Pedestrian and Transit Oriented Development (PTOD) Combining District Regulations) of Title 18 (Zoning) is amended to read as follows:
18.34.110 Pedestrian and Transit Oriented Development (PTOD) Combining District Context-Based Design Criteria and Objective Design Standards
In addition to the standards for development prescribed above, all Housing Development Projects in the PTOD combining district shall comply with the objective design standards outlined in Chapter 18.24, as defined therein. All other developments, and Housing Development Projects that elect to deviate from one or more objective design standards in Chapter 18.24, shall meet the Context Based Design Criteria, as determined by the Director pursuant to the Architectural Review process.
(a) Contextual and Compatibility Criteria
Development in a pedestrian and transit oriented development combining district shall be responsive to its context and compatible with adjacent development, and shall promote the establishment of a pedestrian and transit oriented neighborhood.
[. . .]
SECTION 30. Section 18.40.130 (Landscaping) of Chapter 18.40 (General Standards and Exceptions) of Title 18 (Zoning) is amended as follows:
18.40.130 Landscaping
(a) Purpose
The purpose of this section is to encourage creative and sustainable landscape design that enhances structures, open space areas, streetscapes and parking areas. Sustainable landscape design preserves native plant species to the maximum extent feasible, consumes less water and provides permeable surfaces for storm water management and
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groundwater recharge. Tree shading and appropriate landscape design can contribute to economic vitality and public health, and can reduce the need for frequent infrastructure repair.
Landscaping provides recreation areas, cleans the air and water, prevents erosion, offers fire protection, replaces ecosystems displaced by development, and is water efficient.
(b) General Regulations
In addition to the provisions of this section, all projects shall adhere to the landscape requirements cited elsewhere in Title 18 (Zoning Ordinance), including but not limited to:
(1) Design Standards - General Parking Facilities (Section 18.54.020). (2) Design Standards - Landscaping in Parking Facilities and Required Landscape Areas (Section 18.54.040).
(3) Architectural Review Findings (Section 18.76.020).
(c) Natural Areas (Open Space District, Hillside Lands, Baylands, Creek and Riparian Areas) Landscaping should retain or enhance native vegetation in hillside, baylands or other natural open spaces areas or adjacent to such areas. The existing natural vegetation and land formations should remain in a natural state unless modification is found to be necessary or appropriate for a specific use allowed through architectural or site design review.
(1) In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials. Non-indigenous landscaping should be limited to the immediate area around a structure or structures. (2) Site development plans shall, to the maximum extent feasible, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the grading and subdivision ordinances of the city.
(3) Landscaping shall, to the maximum extent feasible, integrate and accommodate existing trees and vegetation to be preserved; make use of water- conserving plants, materials and irrigation systems; and be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (4) Colors of roofing materials shall blend with the natural landscape and be nonreflective. All roof mounted equipment shall be screened in a manner that protects the viewshed from adjacent properties, including from views from above. (5) Planting of invasive plant species shall not be permitted and removal of invasive species may be required as part of landscape plan requirements. (6) To the maximum extent feasible, existing vegetation shall be retained or enhanced to maintain contiguous wildlife habitat.
(7) Riparian vegetation shall be retained or enhanced within natural stream corridors, and best practices for development shall be used to protect riparian habitat and water quality of adjacent streams.
(d) Low-Density Residential Landscaping Design Standards (1) In the R-1, R-2, and RMD zones, a minimum of 50% of the required front
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setback area shall be landscaped, subject to the limitations of Section 18.12.040(h).
Planting in the right-of-way shall not count towards fulfillment of the required landscape area.
(2) Street trees may be required to be planted in the right-of-way frontage of any residential structure subject to individual review for a new second story or addition to a second story, or for other discretionary review in the R-1, R-2, or RMD zones. (3) Trees planted near public bicycle trails or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements.
(4) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines (a minimum of five feet from water lines and ten feet from sanitary sewer lines) and traffic safety visibility areas.
(5) All proposed light wells and below-grade basements shall be screened to minimize visibility from public rights-of-way or other public properties.
(e) Special Design and Landscaping Standards for All Zoning Districts Requirements:
(1) Utilities (e.g., transformer cabinets, pads, fiber optic trenching and above ground cabinets, large water check valves) and underground utilities shall not be placed within required landscaped areas, except where they will not preclude appropriate planting of trees and will be predominantly screened from public view. (2) All landscaping within multi-family, commercial, and industrial zoning districts shall be equipped with automatic irrigation systems. Backflow preventers shall be located in the rear or side yard and screened from public view by landscaping. If backflow preventers must be located in the front yard for access purposes, they should be located near the main structure to the maximum extent feasible, and shall be predominantly screened from public view.
(3) For all development within commercial and industrial zoning districts, lawn areas shall not exceed 15 percent of the planting area on a property. Required common areas, active recreation areas, and areas located within the public right-of-way between the curb and public sidewalk shall not count against such lawn area. (4) Landscaping within surface parking areas shall include tree plantings designed to result in 50 percent shading of parking lot surface areas within 15 years. (4) (5) All required perimeter yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials. The director may, however, allow a combination of hardscape and landscape to satisfy landscape requirements where the visual quality and screening functions of the hardscape/landscape area are maintained.
Landscape buffering and screening shall be designed to create compatible relationships of scale and appearance with neighboring properties.
(5) (6) Plant material shall be maintained in a healthy, disease-free, growing condition at all times. All required planting areas shall be maintained free of weeds, debris, and litter. The planning director may specify conditions of approval to assure that dead or diseased plantings are replaced in a timely manner and with adequate
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replacement plantings.
(f) Guidelines:
(1) Rooftop gardens, edible gardens, and other sustainable agricultural landscaping alternatives are encouraged for multi- family, commercial, industrial, and multi-family developments. See supplementary standards in Chapter 18.40.230 :
Rooftop Gardens. Rooftop gardens are particularly encouraged where the rooftop is highly visible from neighboring properties.
(2) Structural soils, as specified by the director of planning and community environment, shall be preferred where planting in compacted soil areas, such as parking lots and sidewalks.
(3) Landscape swales, permeable pervious paving and other landscape features should be incorporated into site design to the maximum extent feasible to accommodate filtration of storm water runoff from impervious areas, particularly from parking lots.
(4) All projects requiring discretionary review within the multi-family, commercial, or industrial zoning districts should, where feasible, pursuant to Section
16.12: Recycled Water, and include the following:
(a) Incorporation of recycled water usage into the design of landscape and irrigation systems.
(b) Consideration of plants suitable for irrigation with recycled water. (c) The installation of the infrastructure necessary to connect the irrigation system to the city's recycled water supply, if available in the foreseeable future. (5) The director may allow a combination of hardscape and landscape to satisfy landscape requirements where permeable surface materials are used and where the visual quality and screening functions of the hardscape/landscape area are maintained, as specified in the conditions of approval.
SECTION 31. Subdivision (d) of Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is amended as follows:
18.52.040 Off-Street Parking, Loading and Bicycle Facility Requirements
[. . .]
(d) Residential and mixed use structures with fifty (50) or more dwelling units shall provide at least one (1) on-site, short-term loading space for passenger vehicles, to be used by taxicabs and similar transportation and delivery services.
SECTION 32. Section 18.54.015 (Definitions) of Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is added as follows:
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18.54.015 Definitions
The definitions provided in Section 18.52.020 shall apply to this Chapter 18.54.
SECTION 33. Subsection (c) of Section 18.54.070 (Parking Tables and Figures) of Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
[. . .]
(c) Off-Site Parking
Parking required by this chapter may be provided by off-site parking, provided that such off- site parking is within 500 feet a reasonable distance of the site using it or, if the site is within an assessment district, within a reasonable distance of the assessment district boundary and approved in writing by the director of planning and community environment. The director shall assure that sufficient covenants and guarantees are provided to ensure use and maintenance of such parking facilities, including an enforceable agreement that any development occurring on the site where parking is provided shall not result in a net reduction of parking spaces provided, considering both the parking previously provided and the parking required by the proposed use.
[. . .]
SECTION 34. Subdivisions (a) and (b) of Section 18.54.020 (Vehicle Parking Facilities) of Chapter
18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
18.54.020 Vehicle Parking Facilities
(a) Parking Facility Design
Parking facilities shall be designed in accordance with the following regulations:
(1) Requirements for dimensions of parking facilities at, above, and below grade are contained in this section and in Figures 1-6 and Tables 3-6 of Section 18.54.070 .
(2) Stalls and aisles shall be designed such that columns, walls, or other obstructions do not interfere with normal vehicle parking maneuvers. All required stall and aisle widths shall be designed to be clear of such obstructions.
(3) The required stall widths shown in Table 3 of Section 18.54.070 shall be increased
by 0.5 foot for any stall located immediately adjacent to a wall, whether on one or both sides. The director may require that the required stall widths be increased by 0.5 foot for any stall located immediately adjacent to a post, where such post limits turning movements into or out of the stall.
(4) For property owners or tenants seeking to install EVSE, the required stall widths shown in Table 3 of Section 18.54.070 may be reduced by no more than eighteen inches below the code required minimum dimensions in order to accommodate EVSE or associated electrical utility equipment. This reduction may be applied to 10% of the total required parking stalls, or two stalls, whichever is greater. The director may approve a reduction in
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width for a greater number of stalls through a director’s adjustment pursuant to Section 18.52.050.
(5) Dead-end aisles shall be avoided to the greatest extent feasible. (6) Except for at-grade parking facilities serving a maximum of two dwelling units, all parking facilities shall be set back a sufficient distance from the street so that vehicles need not back out into or over a public street (not including an alley) or sidewalk. (7) Surface parking areas shall be located so that garages or carports are not predominantly facing the street; parking locations behind the building(s) are preferable. (8) Carport structures shall be architecturally compatible with the main structures in the project and should utilize substantial support posts. Landscaping material associated with the carport shall have adequate room to grow and be protected from damage by cars and pedestrian traffic.
(9) Except for single-family uses, parking should be underground, semi-depressed, enclosed or concealed for all projects to the extent feasible. (10) Where feasible, parking shall be broken into smaller groupings of spaces to avoid large expanses of parking and to provide for more opportunities to intercept and filter drainage from the parking areas.
(11) Proximity of underground parking garages to residentially zoned properties should take into consideration the need for landscaping along the perimeter of the site. In instances where substantial planting is necessary, the placement of parking garages should be adequately setback from the property line to provide for the landscaping.
(b) Off-Street Parking Stalls
(1) Each off-street parking stall shall consist of a rectangular area not less than eight and one-half (8.5) feet wide by seventeen and one-half (17.5) feet long (uni-class stall), or as otherwise prescribed for angled parking by Table 1 in Section 18.54.070. (2) Garages and carports for single-family and two-family development shall provide a minimum interior clearance of ten (10) feet wide by twenty (20) feet long for a single car and a minimum of twenty (20) feet wide by twenty (20) feet long for two cars to allow sufficient clearance.
(3) Dimensions of parking stalls for parallel parking shall be as follows. The minimum dimensions of such a stall located adjacent to a wall shall be ten feet wide and twenty feet long. The minimum dimensions of such a stall located adjacent to a curb with a minimum two-foot clearance to a wall shall be eight feet wide and twenty feet long. These required stall widths are in addition to the required width of the access driveway or aisle. (4) Mechanical lifts may be used to satisfy off-street parking requirements, subject to approval by the director or city council, as applicable, and in accordance with the following provisions:
A. The regulations in this section apply to mechanical lifts, elevators and turn- around devices specified for vehicle use, and other mechanical devices that facilitate vehicle parking;
B. Mechanical vehicle lifts may be used for multi-family residential, office, hotel, automotive, industrial or institutional uses. Other uses may use mechanical vehicle lifts subject to approval from the Director of Planning and Community
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Development and may be required to provide dedicated on-site valet assistance for no fee to the user.
C. The location of mechanical lifts shall be located within an enclosed parking facility. All lifts and associated equipment shall be screened from public views and the screening shall be architecturally compatible with the site conditions; D. Applicant shall submit an analysis and report, prepared by a qualified professional, for review and approval by the Director of Planning and Community Environment that demonstrates the effectiveness of the proposed parking lift system; operational details; schematic or technical drawings; regular and emergency maintenance schedule, procedures and backup systems; vehicle queuing, access and retrieval efficiency; and potential impacts, delays, or inconveniences to all of the following:
i. site residents, workers, and visitors
ii. pedestrian and bicycle movement and safety on and nearby the site iii. vehicular movement and safety on and nearby the site E. Mechanical car lifts shall not be used for accessible parking spaces or loading spaces;
F. Mechanical car lifts shall accommodate mid-size sport utility vehicles and full-size cars.
G. For all non-residential uses, a minimum of two spaces or 10% of the total number of parking spaces provided, whichever is greater, shall be provided as standard non-mechanical parking spaces. The required accessible spaces shall not be counted as one of the standard spaces for this requirement;
H. Additional information, reports and analysis may be required and conditions may be imposed to ensure the use, operation and function of the lift system is not detrimental to the public welfare, property, land uses and users of the property, other properties, or the public right of way, in the general vicinity.
I. Lift design must allow for removal of any single vehicle without necessitating the temporary removal of any other vehicle
J. The Director shall have authority to adopt regulations to implement this provision. (5) Each off-street motorcycle parking stall shall consist of a rectangular area not less than five feet wide by ten feet long, as illustrated in Figure 7 of Section 18.54.070.
[. . .]
SECTION 35. Subdivision (c) of Section 18.54.050 (Miscellaneous Design Standards) of Chapter
18.54 (Parking Facility Design Standards) of Title 18 (Zoning) is amended as follows:
18.54.050 Miscellaneous Design Standards
[. . .]
(c) Additional Parking Facility Design Requirements
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(1) Site design shall assure that connections to adjacent existing or planned bicycle or pedestrian facilities (sidewalks, bike paths or lanes, etc.) allow for ready access for residents and other users of the site.
(2) The location of driveways, shipping and receiving areas, and loading docks should be sited as far away from residentially zoned properties or properties with existing residential uses located within nonresidential zones as is reasonably feasible while recognizing site constraints and traffic safety issues. (3) Employee ingress and egress to a site should be located to avoid the use of residential streets wherever feasible.
(4) Late hour and early morning truck traffic to a site located in or near a residential area should be discouraged.
(5) Vehicular access points should not conflict with pedestrian and bicycle walkways and facilities.
(6) Pedestrian and bicycle facilities (sidewalks, bike paths, etc.) should, where feasible, be provided through sites to provide connections to other pedestrian and bicycle routes and to allow for safe access to schools, recreation facilities and services. (7) Additional requirements for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by the director when deemed appropriate.
[. . .]
SECTION 36. Subsection (b) of Section 18.76.020 (Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) is amended as follows:
18.76.020 Architectural Review
[. . .]
(b) Applicability
No permit required under Title 2, Title 12 or Title 16 shall be issued for a major or minor project, as set forth in this section, unless an application for architectural review is reviewed, acted upon, and approved or approved with conditions as set forth in Section 18.77.070 .
(1) Exempt Projects. The following projects do not require architectural review:
(A) Single-family and two-family residences, except as provided under subsections (b)(2)(C) and (b)(2)(D).
(B) Projects determined by the director of planning and development services to be substantially minor in nature and have inconsequential visual impacts to the adjacent properties and public streets. These exempt projects are referred to as "over the counter projects". The director shall have the authority to promulgate a list of such exempt projects under this subsection.
(C) Housing development projects, as defined in Government Code Section 65589.5(h)(2) (the Housing Accountability Act), but only to the extent such projects comply with all objective standards in this code and thereby qualify for streamlining
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under Government Code sections 65589.5, 65913.4, or 65905.5. Such projects shall be subject to the process set forth in Section 18.77.073.
(2) Major Projects. The following are "major projects" for the purposes of the architectural review process set forth in Section 18.77.070, and are subject to review by the architectural review board:
(A) New construction, including private and public projects, that:
(i) Includes a new building or building addition of five thousand square feet or more; or
(ii) Is not exempt under the California Environmental Quality Act (CEQA) (Section 21000 et seq. of the California Public Resources Code); or (iii) Requires one or more variances or use permits and, in the judgment of the director, will have a significant effect upon the aesthetic character of the city or the surrounding area;
(B) Any multiple-family residential construction project that contains three or more units;
(C) Construction of three or more adjacent single-family homes or duplexes; (D) In the Neighborhood Preservation Combining District (NP), properties on which two or more residential units are developed or modified, except when one of those units is an “accessory dwelling unit," as described in Section 18.10.140 (d);
(E) Any project using transferred development rights, as described in Chapter
18.18;
(F) A master sign program, pursuant to Chapter 16.20; (G) Signs that do not meet all applicable design guidelines adopted by the city council or do not conform to a previously approved master sign program; (H) Signs requiring a sign exception pursuant to Chapter 16.20;
(I) Any minor project, as defined in subsection (3), that the director determines will significantly alter the character or appearance of a building or site. (3) Minor Projects. The following are "minor projects" for the purposes of the architectural review process set forth in Section 18.77.070 , except when determined to be
major pursuant to subsection (2)(I) or exempt pursuant to subsection (1)(B):
(A) New construction, including private and public projects, that involves a new building or building addition of fewer than 5,000 square feet, and which is exempt under the California Environmental Quality Act (CEQA) (division 13 of the Public Resources Code, commencing with section 21000);
(B) Signs that meet all applicable guidelines and conform to any previously approved master sign program;
(C) Landscape plans, fences, exterior remodeling, and design of parking areas, when not part of a major project;
(D) Any project relating to the installation of cabinets containing communications service equipment or facilities, pursuant to any service subject to Chapter 2.11, Chapter
12.04, Chapter 12.08, Chapter 12.09, Chapter 12.10, or Chapter 12.13. (E) Minor changes to the following:
(i) Plans that have previously received architectural review approval;
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(ii) Previously approved planned community district development plans; (iii) Plans that have previously received site and design approval; (iv) Previously approved plans for projects requiring council approval pursuant to a contractual agreement, resolution, motion, action or uncodified ordinance;
(v) Existing structures requiring council site and design approval or approval pursuant to a contractual agreement, resolution, motion, action, or uncodified ordinance.
As used in this subsection (b)(3)(E), the term "minor" means a change that is of little visual significance, does not materially alter the appearance of previously approved improvements, is not proposed for the use of the land in question, and does not alter the character of the structure involved. If the cumulative effect of multiple minor changes would result in a major change, a new application for Architectural Review approval of a major project, Site and Design approval, Planned Community District approval, or other applicable approval is required.
(F) Any changes to previously approved plans requiring architectural review as a minor project as part of the conditions of a permit or approval.
[. . .]
SECTION 37. Section 18.77.073 (Housing Development Project Review Process) of Chapter
18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) is added as follows:
18.77.073 Streamlined Housing Development Project Review Process
(a) Applicability
This section shall apply to applications for residential mixed-use and multifamily housing development projects, as defined in Government Code Section 65589.5(h)(2), that comply with all objective standards in this code and thereby qualify for streamlining under Government Code sections 65589.5 or 65905.5.
(b) Preliminary Board Review
Applicants are encouraged to seek preliminary review by the Architectural Review Board pursuant to Section 18.76.020(c) prior to submitting a formal application.
(c) Public Study Session
(1) Prior to preparing a written decision, the Director may, in his or her sole discretion, refer the application to the Architectural Review Board or to other advisory boards or committees for the purpose of determining whether minor adjustments to the application would result in closer adherence to the contextual design criteria and/or objective design standards contained in Chapter 18.24. An application should normally not be considered at more than one meeting of the Architectural Review Board. (2) Notice of a public meeting to consider the application shall be given at least 7 days prior to the meeting by mailing to the applicant and all residents and owners of property
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within 600 feet of the project. Notice shall include the address of the property, a brief description of the proposed project, and the date and time of the hearing.
(d) Decision by the Director
(1) The Director shall prepare a written decision to approve the application, approve it with conditions, or deny it.
(2) Neither the Director, nor the City Council on appeal, shall approve an application unless it is found that:
(A) The application complies with all applicable and objective standards in the Comprehensive Plan, the Palo Alto Municipal Code, and other City plans or policies.
(B) Approving the application will not result in a specific, adverse, impact upon the public health or safety, which cannot feasibly be mitigated or avoided in a satisfactory manner. As used in this Section, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (3) Notice of the proposed director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director’s decision, the date the decision will be final if it is not appealed, and a description of how to file an appeal. (4) The Director’s decision shall become final 10 days after the date notice is mailed unless an appeal is filed.
(e) Appeals
(1) Any party, including the applicant, may file an appeal of the Director’s decision in written form in a manner prescribed by the director.
(2) An appeal seeking disapproval of a project or a reduction in density shall be limited to the grounds that both of the following exist:
(A) The project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. And
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (d)(2)(B)(i), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(f) Decision by the City Council
At the Director’s discretion, an appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, within 45 days. The city council may:
(1) Adopt the findings and decision of the director; or (2) If the item is on the consent calendar, city council may remove the appeal from the consent calendar, which shall require three votes, and direct that the appeal be set for a new
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noticed hearing before the city council, following which the city council shall adopt findings and take action on the application.
(g) Final Decision by the Council
The decision of the council on the appeal is final.
SECTION 38. As used in this ordinance, new text is underlined, deletions are struck-through, and omissions are noted with [. . .] for large sections of unchanged text.
SECTION 39. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 40. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 41. The Council finds that the Ordinance is within the scope of and in furtherance of the Comprehensive Plan 2030 which was evaluated in that certain Final Environmental Impact Report certified and for which findings were adopted by Council Resolution Nos. 9720 and 9721 on November 13, 2017, all in accordance with the California Environmental Quality Act. The Ordinance does not propose to increase development beyond what was analyzed in the Comprehensive Plan. Pursuant to Section 15168 of the State CEQA Guidelines, the City has determined that no new effects would occur from and no new mitigation measures would be required for the adoption of this Ordinance.
//
//
//
//
//
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SECTION 42. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
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City of Palo Alto (ID # 14509)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: SECOND READING: Adoption of an Ordinance Amending the City's Surveillance and Privacy Protection Ordinance to Exempt the Foothills Fire Early Warning System (PAMC 2.30.680). (FIRST READING: June 6, 2022:
PASSED: 7-0)
From: City Manager
Lead Departme nt: Office of Emergency Services
This was heard by the City Council on June 6, 2022 for a first reading and was approved 7- 0. No changes were made to the Ordinance; it is now before you for a second reading.
Attachments:
• Attachment25.a: Attachment A - Ordinance amending PAMC 2.30.680 to exempt fire detection technologies from the Surveillance and Privacy Protection Ordinance 25 Packet Pg. 521
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251_20220519_ts24 1
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending the Surveillance and Privacy Protection Ordinance to Exempt the Foothills Fire Early Warning System
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. In 2018, the City Council adopted the Surveillance and Privacy Protection Ordinance, now codified at PAMC 2.30.620 et seq.
B. The City Council now desires to exempt certain technology related to fire detection from the provisions of the Ordinance.
SECTION 2
. Section 2.30.680(c) of the Palo Alto Municipal Code is hereby amended as follows to add new subsection (6) (new text is underlined, deleted text in strikethrough):
(c) "Surveillance technology" means any device or system primarily designed and actually used or intended to be used to collect and retain audio, electronic, visual, location, or similar information constituting personally identifiable information ass ociated with any specific individual or group of specific individuals, for the purpose of tracking, monitoring or analysis associated with that individual or group of individuals. Examples of surveillance technology include drones with cameras or monitoring capabilities, automated license plate readers, closed- circuit cameras/televisions, cell- site simulators, biometrics -identification technology and facial - recognition technology. For the purposes of this chapter, "surveillance technology" does not include:
(1) Any technology that collects information exclusively on or regarding city employees or contractors;
(2) Standard word -processing software; publicly available databases; and standard message tools and equipment, such as voicemail, email, and text message tools; (3) Information security tools such as web filtering, virus detection software; (4) Audio and visual recording equipment used exclusively at open and public events, or with the consent of members of the public;
(5) Medic al devices and equipment used to diagnose, treat, or prevent disease or injury;.
(6) Any technology used as part of the Foothills Fire Early Warning System to detect fires within the following area:
West Side: Skyline Blvd (Hwy 35) from Route 84 (Woodside Rd/La Honda Rd.) to Hwy 9 North Side: Route 84 from Skyline to Alameda de las Pulgas East Side: Alameda de las Pulgas to Santa Cruz Ave to Junipero Serra Rd. to Foothill Expwy.
South Side: Draw a line from the intersection of Hwy 9 at Hwy 35 to the intersection of Foothill Expwy at Magdalena
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the O rdinance would be subseque ntly declared invalid or unconstitutional.
SECTION 4. The Council finds that adoption of this Ordinance is not a “project” within the meaning of CEQA.
SECTION 5. This Ordinance shall be effective on the thirty -first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Director of the Office of Emergency Services
____________________________
Fire Chief
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City of Palo Alto (ID # 14511)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: SECOND READING: Adoption of an Ordinance Exempting Some Below - Grade Parking Facilities from Gross Floor Area. Zone District: R -1(10,000).
Environmental Review: Final Environmental Impact Report (EIR) for the Castilleja School Project certified on J une 6, 2022. (FIRST READING: June 6, 2022 PASSED: 6 -1, Kou no)
From: City Manager
Lead Department: Planning and Development Services
This was heard by the City Council on June 6, 2022 in conjunction with the Castilleja School project. It was approved on first reading (6- 1, Kou no) in a 9-part motion. The first two parts motion relate to the ordinance and directed amendment of the draft ordinance presented in the staff report:
1. Adopt zoning text amendment - C1 for parcels six acres or greater
2. Direct staff to amend the ordinance to state the square footage of below grade parking structures is excluded from gross floor area for purposes of development standards under Title 18 but included for purposes of calculating development impact fees under Title 16.
Staff have incorporated this amendment for the second reading. The amended ordinance is provided as Attachment A.
Attachments:
• Attachment26.a: Attachment A: Second Reading Ordinance Amending Gross Floor Area Definition for Low Density Residential Zones
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Ordinance No.____
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend the Gross Floor Area Definition for Low Density Residential Zones
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Subsection (a)(65) (Gross Floor Area) of Section 18.04.030 (Definitions) of Chapter
18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read as follows (additions
underlined and deletions struck-through; omissions noted with [. . .] represent unchanged text):
(a) Throughout this title the following words and phrases shall have the meanings ascribed in this section.
[. . .]
(65) “Gross floor area” is defined as follows:
[. . .]
(C) Low Density Residential Inclusions and Conditions: In the RE and R-1 single- family residence districts and in the R -2 and RMD two -family residence districts, “gross floor area” means the total covered area of all floors of a main structure and accesso ry structures greater than one hundred and twenty square feet in area, including covered parking and stairways, measured to the outside of stud walls, “(C) Low Density Residential Inclusions and Conditions: In the RE and R-1 single - family residence distri cts and in the R -2 and RMD two -family residence districts, “gross floor area” means the total covered area of all floors of a main structure and accessory structures greater than one hundred and twenty square feet in area, including covered parking and stairways, measured to the outside of stud walls, including the following:
[. . .]
(iii) Carports and, garages
, and below grade parking facilities, except as excluded in subsection (a)(65)(D)(viii), shall be included in gross floor area.
[. . .]
“(D) Low Density Residential Exclusions: In the RE and R -1 single-family residence districts and in the R-2 and RMD two-family residence districts, “gross floor area” shall not include the following:
[. . .]
(viii) Below-grade parking facilities that: (1) are accessory to nonresidential uses ; (2) are located on a parcel that is six acres or greater; and (3) are located on a parcel that contains a listed historic resource; and 4) do not provide more than 50 percent of the base required
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on-site vehicle parking shall be excluded from the calculation of gross floor area; however, such facilities shall be considered “square footage” for purposes of calculating development impact fees under Title 16 . A below grade parking facilit y that does not meet all of these criteria shall be included in the calculation of gross floor area in its entirety.
SECTION 2. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such in consistencies and n o further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, s entence, clause, or phrase of this Ordi nance is for a ny reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of t he remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4
The Council finds that the adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines sections 15061(b) (3), 15301, 15302 and 15305 because it constitutes minor adjustments to the City’s zoning ordinance. As such, it can be seen with certainty that the proposed action will not have the potential for causing a significant effect on the environment.
SECTION 5
. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________________ __________________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_________________________________ __________________________________ Assistant City Attorney City Manager
__________________________________
Director of Planning & Development Services
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City of Palo Alto (ID # 14504)
City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: SECOND READING: Adoption of an Ordinance Amending Title 8 of the PAMC to Expand Tree Protection to Include Additional Protected Tree Species, Revise Grounds for Tree Removal, and Make Clarifying Changes and Amending Titles 2, 9, and 18 to make Cleri cal Updates (FIRST READING: June 6, 2022 PASSED: 5 -2, Cormack, Tanaka no
From: City Manager
Lead Department: Public Works
This was heard by the City Council on June 6, 2022 for a first reading and was approved 5 -2, Cormack, Tanaka no. No changes were made to the Ordinance; it is now before you for a second reading.
Attachments:
• Attachment27.a: Attachment A Ordinance Amending Ch 8.04, Ch 8.08, Ch8.10, and Ch2.25 and Making Related Changes to Ch 2.25, Ch 9.56, and Title 18 of PAMC 27 Packet Pg. 527
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 8.04 (Street Trees, Shrubs, and Plants); Chapter 8.08 (Weed Abatement); Chapter 8.10 (Tree Preservation and Management Regulations); and Making Related Changes to Chapter 2.25 (Parks and Recreation Commission); Chapter 9.56 (Abatement of Nuisances); and Title 18 (Zoning) of the Palo Alto Municipal Code.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
SECTION 2. Chapter 8.04 (Street Trees, Shrubs, and Plants) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby renamed Chapter 8.04 (Public Trees, Shrubs, Hedges, and Plants and amended to read as follows (additions underlined and deletions struck through):
Chapter 8.04
STREETPUBLIC TREES, SHRUBS, HEDGES, AND PLANTS
Sections:
8.04.005 Purpose.
8.04.010 Definitions.
8.04.015 Authority of city.
8.04.020 Permit required for certain work.
8.04.030 Application for permit.
8.04.040 Issuance of permit.
8.04.050 Public nuisances.
8.04.060 Abatement of public nuisances.
8.04.070 Damage to streetpublic treesEnforcement.
8.04.080 Interference with enforcement.
8.04.090 Adoption of regulations.
8.04.005 Purpose.
The purpose of this chapter is to protect and promote trees, shrubs, hedges, and plants located on public property within the city. In establishing these procedures and standards, the city recognizes that trees, shrubs, hedges, and plants are an essential part of the city’s infrastructure, with benefits that include promoting the health, safety, welfare, and quality of life of the residents of the city; addressing climate change by sequestering carbon and providing a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is the city’s intent to encourage the preservation of trees, shrubs, hedges, and plants.
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8.04.010 Definitions.
For the purposes of this chaptertitle, the following words shall have the meaning ascribed to them in this section:
(a) "Person" means individuals, firms, associations and corporations, and agents, employees or representatives thereof.
(b) "City" means the city of Palo Alto acting by and through its authorized representatives. (c) "Street" means and includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys, and walks. (d) "Parks" means and includes all parks to which names have been given by action of the city council.
(e) "Public places" means and includes all grounds, other than streets or parks, owned by, or leased to, or and under the control of the city of Palo Alto. (f) "Street tTree" means and includes any woody perennial plant generally having a single main axis or stem and commonly achieving ten feet in height and capable of being shaped and pruned to develop a branch-free trunk at least nine feet in height. (g) "Shrub" means and includes any woody perennial plant generally having multiple stems and commonly less than ten feet in height, normally low, several stemmed, and capable of being shaped and pruned without injury, within the area planted. (h) "Hedge" means and includes any tree, shrub, or plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier. (i) "Plant" means and includes all vegetation other than trees and shrubsother plant material, non-woody, annual, or perennial in nature, not necessarily hardy. (j) "StreetPublic trees, shrubs, hedges, andor plants" means and includes any tree, shrub, hedge, or plant in any street, park, or public place in the city of Palo Alto. (k) “Urban forester” means public works department staff including the urban forester or their designee.
(l) “Tree permit” means a permit issued by the urban forester for one or more of the following purposes:
(1) To permit removal of a public tree.
(2) To permit public tree care, work, or treatment.
(3) To permit removal of a protected tree under 8.10.050. (4) To establish a tree preservation bond.
(5) For payment of “in-lieu” fees for required mitigation measures.
8.04.015 Authority of city.
The city of Palo Alto shall have control of all streetpublic trees, shrubs, hedges, and plants now or hereafter in any street, park, or public place within the city limits, and shall have the powerauthority to plant, care for, remove, replace, and maintain such trees, shrubs, hedges, and plants.
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8.04.020 Violations- Penalty- EnforcementPermit required for certain work.
Unless authorized by a public tree care permit or other City approval, no person shall do any of the following:
(a) Plant, prune, trim, shape, remove, top, or in any way damage, destroy, injure or mutilate a streetpublic tree, shrub, hedge, or plant. A tree permit is not required for a property owner, resident, or their agent to maintain shrubs, hedges, or plants located within the city right of way associated with their property. (b) Fasten any sign, wire, or injurious material to any streetpublic tree, shrub, hedge, or plant.
(c) Excavate any ditch or tunnel; or place concrete or other pavement within a distance of ten feet of the center of the trunk of any streetpublic tree. (b) Violation of this section is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (c) Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: deputy director of public works operations, managing arborist, planning arborist and code enforcement officer.
8.04.030 Application for permit.
Any person desiring to do any of the work described in Section 8.04.020 may apply for a tree permit so to do. The applicant shall state the nature of the work and the location where it will be done.
8.04.040 Issuance of permit.
A tree permit shall be issued authorizing so much of the work asthat meets all the following conditions:
(a) Will not create, continue, or aggravate any hazardous condition, or public nuisance;. (b) Will not prevent or interfere with the growth;, location or planting of any approved street public trees;.
(c) Is consistent with the planting plan being followed by the city.
8.04.050 Public nuisances*.
TAny of the following are, for the purposes hereof, defined to be public nuisances:
(a) Any dead, diseased, infested, or dying tree, shrub, hedge, or plant in any street; or on any public or private property so near to any streetpublic tree, shrub, hedge, or plant as to constitute a danger to a streetpublic trees, shrub, hedge, or plant, or streets, or portions thereof or public property.
(b) Any tree, or shrub, hedge, or plant on any private property or in any street, of a type or species apt tothat will destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, approved street public trees, gutters, sewers, other
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public improvements, including utility mains orand services, or a public tree, shrub, hedge, or plant.
(c) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the curb grade adjacent thereto, except a tree trunks having no limbs lower than nine feet above curb grade, within the thirty-five foot triangle of public or private property, measured from the projected curb lines, at the intersections of any street improved for vehicular traffic where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain a tree limbs, shrubs, hedges, or plants that obscuresa and or impairs the view of a passing motorists, cyclists or pedestrians so as to create a safety hazard. (d) Vines or climbing plants growing into or over any streetpublic tree, shrub, hedge, or plant; or any public hydrant, pole or electrolier.
(e) Existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus, or growth injurious to trees.
(f) The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel.
(g) Hedges or dense, thorny shrubs and plants on any street or part thereof. (h) Shrubs and plants more then than two feet in height in any tree well or planting strip between the sidewalk and curbstreet, measured above top of curb grade.
* Abatement procedure - See Chapter 9.56 of this code.
8.04.060 Abatement of public nuisances.
When any public nuisance as defined herein exists, a notice may be sent by ordinary United States mail to the owner or tenant involved. Such notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work must be performed. If, at the end of the time specified, such work has not been performed, the city may perform such work, and the cost thereof shall constitute a charge against such owner or tenant, and such charge shall be a lien on such property.
8.04.070 Damage to street treesEnforcement.
(a) Violation of any provision of this chapter is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished.
(b) Persons employed in the following designated employee positions are authorized to exercise the authority provided in California Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter, including but not limited to leveling fines under the city’s administrative penalty authority: assistant director of public works public services division, urban forester, project manager in the urban forestry section, landscape architect, and code enforcement officer.
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(a)(c) DAny person who damages to any publicstreet tree, caused by through any act or omission by any person, whenever such act or omission is prohibited by or not authorized pursuant to this chapter, shallmay be liable civilly in a sum not to exceed ten thousand dollars per tree, or the reproduction cost of each such tree, whichever amount is higher.charged to such person or persons.
(d) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.
(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. (f) The remedies and penalties provided in this section are cumulative and not exclusive.
8.04.080 Interference with enforcement.
No person shall interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter, except as provided by law.
8.04.090 Adoption of regulations.
The city may adopt regulations prescribing standards of landscaping and planting of streets, parks and public places, therein. A copy of such regulations shall be available for public inspection upon request, and all work performed in streets, parks or public places shall be performed in accordance therewith.
SECTION 3. Chapter 8.08 (Weed Abatement) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
Chapter 8.08
WEED ABATEMENT*
Sections:
8.08.005 Purpose.
8.08.010 Weeds as public nuisance.
8.08.020 Resolution declaring nuisance.
8.08.030 Form and publication of notice.
8.08.040 Hearing - Power of councilon notice.
8.08.050 Order to abate nuisance.
8.08.060 Account and report of cost.
8.08.070 Notice of report.
8.08.080 Hearing on cost assessment.
8.08.090 Collection on tax roll.
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* For abatement provisions pertaining to nuisances other than weeds - See Chapter 9.56.
Legislative body may declare weeds a nuisance and order the abatement thereof - See Gov. C.A. § 39561. City may compel removal of dirt, rubbish, weeds, etc. - See Gov. C.A. §§ 39501-39502.
8.08.005 Purpose.
The purpose of this chapter is to prohibit weeds on property within the city. In establishing these procedures and standards, it is the city’s intent to ensure that all activities taken to abate weeds are sufficient to increase public safety, to preserve aesthetically or environmentally desirable trees, shrubs, hedges, and plants, and to prevent the displacement of wildlife habitats.
8.08.010 Weeds as public nuisance.
(a) No owner, agent, lessee, or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon the premises, or public sidewalks, or encroach into any parkland (including any weeds encroaching over fences), or streets, or alleys between the premises and the center line of any public street or alley.
(b) The word "wWeeds" as used in this chapter means all weeds and includes any of the following, growing upon streets, parks, public placesalleys, sidewalks, or private property in the city and includes any of the following:
(1) Weeds Plants which bear or may bear seeds of a downy or wingy nature;. (2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property; (2) Plants, shrubs, hedges, and trees determined by the Fire Marshall to constitute a fire menace due to their species, proximity to ignition sources, and high potential to endanger nearby buildings.
(3) Weeds Plants and shrubs which are otherwise noxious or dangerous;. (4) Invasive plants, shrubs, hedges, and trees having high potential to invade adjacent properties and high ecological impacts in the region as defined by the California Invasive Plant Council.
(4)(5) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;.
(5)(6) Accumulations of garden refuse, cuttings, and other combustible trash. (c) Every property owner shall remove or destroy such weeds from histheir property, and in the abutting half of any street or alley between the lot lines as extended.
8.08.020 Resolution declaring nuisance.
Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the council shall pass a resolution declaring the same to be a public nuisance and order the fire chief or urban forester to give notice of the passage of such resolution as herein provided, and stating therein that, unless such nuisance is abated without
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delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds.
8.08.030 Form and publication of notice.
(a) Such The fire chief or urban forester shall cause to be published a public notice shall be in substantially in the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on ______, 20 __, pursuant to the provisions of Section
8.08.020 of the Palo Alto Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section
8.08.010 of the Palo Alto Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or moved and such nuisance abated by the city authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Council of said city, to be held in the Council Chamber of the City Hall in said city on ______, 20___, at seven p.m., when and where their objections will be heard and given due consideration.
Date ______________________, 1920____
_______________________
Fire Chief or Urban Forester
City of Palo Alto
(b) Such notice shall be published at least twice in a newspaper published and circulated in saidwithin the city, the first publication of which shall be at least ten days prior to the time fixed by the council for hearing objections.
//
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8.08.040 Hearing - Power of councilon notice.
At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds, and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction and removal of such weeds.
8.08.050 Order to abate nuisance.
The council shall by resolution order the fire chief or urban forester to abate such nuisance, or cause the same to be abated, by having the weeds referred to destroyed or removed, and the fire chief or urban forester and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds himselfthemselves, or have the same destroyed or removed at histheir own expense; provided that such weeds shall have been removed prior to the arrival of the fire chief or urban forester or histheir authorized representatives to remove them.
8.08.060 Account and report of cost.
The fire chief or urban forester shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.
8.08.070 Notice of report.
The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance door at the City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of said notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form:
NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT
NOTICE IS HEREBY GIVEN that on ______, 20__, the Fire Chief or Urban Forester of the City of Palo Alto filed with the City Clerk of said city a report and assessment on abatement of
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weeds within said city, a copy of which is posted on the bulletin board at the entrance to the City Hall.
NOTICE IS FURTHER GIVEN that on _______, 20__, at the hour of seven p.m., in the Council Chambers of said City Hall, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.
Date _____________, 20___
_________________
City Clerk of the City of Palo Alto
8.08.080 Hearing on cost assessment.
(a) At the time and place fixed for receiving and considering such report the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the fire chief or urban forester shall attend such meeting with histheir record thereof, and upon such hearing, the council may make such modifications in the proposed assessments therefore as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.
(b) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid.
8.08.090 Collection on tax roll.
On or before the first day of September of each year, the amounts of such assessments against the respective parcels of land shall be entered on the next tax roll which general city taxes are to be collected. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquencies. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessments.
SECTION 4. Chapter 8.10 (Tree Preservation and Management Regulations) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code hereby renamed Chapter 8.10 (Tree and Landscape Preservation and Management) and amended to read as follows (additions underlined and deletions struck through):
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Chapter 8.10
LANDSCAPE AND TREE AND LANDSCAPE PRESERVATION AND PRESERVATION AND
MANAGEMENT REGULATIONS
Sections:
8.10.010 Purpose.
8.10.020 Definitions.
8.10.030 Tree and Landscape Technical Manual.
8.10.040 Disclosure of information regarding existing trees.
8.10.050 Prohibited actsRemoval of protected trees.
8.10.055 Tree replacement.
8.10.060 No limitation of authority under Titles 16 and 18.
8.10.070 Care of protected trees.
8.10.080 Development conditions.
8.10.090 Designation of heritage trees.
8.10.092 Tree removal in wildland-urban interface area.
8.10.095 Tree removal in HD ZHospital District zone.
8.10.100 Responsibility for eEnforcement.
8.10.110 Enforcement - Remedies for Vviolation.
8.10.120 Fees.
8.10.130 Severability.
8.10.140 Applications, Notice, and Appeals.
8.10.010 Purpose.
The purpose of this chapter is to promote the health, safety, welfare, and quality of life of the residents of the city through the protection of specified trees located on private property within the city, and the establishment of standards for removal, maintenance, and planting of trees and landscaping. In establishing these procedures and standards, the city recognizes that trees and landscaping are an essential part of the city’s infrastructure. Their benefits include promoting the health, safety, welfare, and quality of life of the residents of the city; addressing climate change by sequestering carbon and providing a cooling effect; reducing air, water, and noise pollution; preventing soil erosion and stormwater runoff; providing wildlife habitat; and enhancing the aesthetic environment. It is the city's intent to encourage both the preservation of trees and the proactive incorporation of trees and their benefits within development.
8.10.020 Definitions.
For the purposes of this chapter, the following definitions shall apply terms defined in Chapter
8.04 shall have the same meanings in this chapter, and the following terms shall have the meaning ascribed to them in this section:
(a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter at the confluence of the trunk and root crown.
(b) "Buildableing area" means that area of a parcel:
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(1) Upon which, under applicable zoning regulations, a structure may be built without a variance, design enhancement exception, or home improvement exception; or
(2) Necessary for construction of primary access to structures located on or to be constructed on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the buildableing area under this paragraph (b)(2) shall not exceed ten feet in width.
(c) "Building footprint" means the two-dimensional configuration of an existing building's perimeter boundaries as measured on a horizontal plane at ground level. (d) “Designated arborist” means an arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization, selected by the urban forester for inclusion in a list of approved arborists to be hired by:
(1) An applicant at their own expense, or
(2) The city at an applicant’s expense, if a project includes a public hearing. (d) "Hazardous" means an imminent hazard or threat to the safety of persons or property. (e) Development" means any work upon any property in the city which requires a subdivision, planned community zone, variance, use permit, building permit, demolition permit, or other city approval or which involves excavation, landscaping or construction within the dripline area of a protected tree or is subject to requirements of the California Model Water Efficient Landscape Ordinance (MWELO). (f) "Director of planning and development services" means the director of planning and development services or their designee.
(f)(g) "Director of public works" means the director of public works planning and and development services or his or hertheir designee.
(g)(h) "Discretionary development approval" means planned community zone, subdivision, use permit, variance, home improvement exception, design enhancement exception, or architectural review board approval, or any proposal or application that requires the discretion of the authorizing person or entity.
(h)(i) "Dripline area" means the area defined by the projection to the ground of the outer edge of the canopy or within X distance from the perimeter of the trunk of the tree at four and one-half feet (fifty-four inches) above natural grade where X equals a distance a circle with a radius ten times the diameter of the trunk as measured four and one-half feet (fifty-four inches) above natural grade, whichever is greater. (i)(j) "Excessive pruning” means any of the following:
(1) rRemoval of more than one-fourth of the functioning leaf, and stem, or root area of a tree in any twelvetwenty-four-month period,.
(2) rRemoval of more than 15 percent of the functioning root area of any Quercus (oak) species in any thirty-six- month period,.
(1)(3) or aAny removal of the functioning leaf, stem, or root area of a treefoliage so as to cause a significant decline in health, increased risk of failure, or the unbalancing of a tree.
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(k) "Hazardous" means an imminent hazard which constitutes a high or extreme threat to the safety of persons or property as defined by American National Standards Institute A300, Part 9.
(j)(l) "Protected” tree means any of the following:
(1) Any locally native tree of the species Acer macrophyllum (Bigleaf Maple), Calocedrus decurrens (California Incense Cedar), Quercus agrifolia (Coast Live Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), or Quercus lobata (Valley Oak) which is eleven and one-half inches in diameter (thirty-six inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade.; and
(2) Any Coast Redwood tree (species Sequoia sempervirens) that is eighteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade. (3) Any tree larger than fifteen inches in diameter (forty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade of any species except those invasive species described as weeds in Section 8.08.010 and those species classified as high water users by the water use classification of the landscape species list approved by the California Department of Water Resources (with the exception of Coast Redwood).
(4) Any tree designated for protection during review and approval of a development project.
(5) Any tree designated for carbon sequestration and storage and/or environmental mitigation purposes as identified in an agreement between the property owner and a responsible government agency or recorded as a deed restriction.
(3)(6) Any heritage tree designated by the city council in accordance with the provisions of this chapter.
(7) Any replacement mitigation tree or other tree designated to be planted due to the conditions listed in Section 8.10.055.
(m) “Protected tree removal permit” means a permit issued to allow a person to remove a protected tree.
(k)(n) "Remove" or “removal” means any of the following:
(1) Complete removal, such as cutting to the ground or extraction, of a tree; or. (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to excessive pruning, cutting, topping, girdling, poisoning, overwatering, underwatering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.
(l) "Tree" means any woody plant which has a trunk four inches or more in diameter at four and one-half feet above natural grade level.
(m)(o) "Tree report" means a report prepared by an designated arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization.
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(n)(p) "Tree Technical ManualTree and Landscape Technical Manual" means the regulations issued by the city manager to implement this chapter.
8.10.030 Tree and Landscape Technical Manual.
The city manager, through the urban forestry section, departments ofand public works and planning and development services departmentscommunity environment, shall issue regulations necessary for implementation and enforcement of this chapter, which shall be known as the Tree and Landscape Technical Manual. In the event of a conflict between the provisions of this Title 8 and the Tree and Landscape Technical Manual, this Title 8 shall prevail.
The Tree and Landscape Technical Manual will be made readily available to the public and shall include, but need not be limited to, standards and specifications regarding the following:
(a) Protection of trees during construction.;
(b) Replacement of trees allowed to be removed pursuant to this chapter where such replacements:;
(1) Prioritize the use of locally native species, as listed in Section 8.10.020(l)(1), consistent with Urban Forest Master Plan Goal 2: “Re-generated native woodland and riparian landscapes as the key ecological basis of the urban forest with focus on native species and habitat;”
(2) Include climate adaptive, drought tolerant, non-native species as needed to satisfy right tree in the right place principles; and
(3) Incorporate a secondary goal of net tree canopy increase on the property within 15 years.
(c) Maintenance of protected trees (including but not limited to pruning, irrigation, and protection from disease).;
(d) The format and content of tree reports required to be submitted to the city pursuant to this chapter.;
(e) The criteria for determining whether a tree is dangerous hazardous within the meaning of this chapter.
(f) Landscape design, irrigation, and installation standards consistent with the city’s water efficient landscape regulations.
8.10.040 Disclosure of information regarding existing trees.
(a) Any application for development or demolition shall be accompanied by a statement by a designated arboristthe property owner or authorized agent which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size, dripline area, and location.
This requirement shall be met by including the information on plans submitted in connection with the application.
(b) In addition, the location of all other trees on the site property and in the adjacent public right of way which are within thirty feet of the building footprintarea proposed for development, and trees located on adjacent property within thirty feet of the
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proposed building footprint or with canopies overhanging the project site, shall be shown on the plans, identified by species.
(c) The director of public works or urban forester may require submittal of such other information as is necessary to further the purposes of this chapter including but not limited to photographs.
(d) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in an existing building footprint nor any grading, trenching, or paving, or any change in landscaping which could alter water availability to established plants, hedges, shrubs, or trees.
(e) The urban forester or the designated arborist for a project shall add identified protected trees into the city’s tree inventory database, and in coordination with the planning and development services departments, into city parcel reports. (e)(f) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter.
8.10.050 Prohibited actsRemoval of protected trees.
It shall be a violation of this chapter for anyone to remove or cause to be removed a protected tree, except as allowed in this sectionpursuant to a protected tree removal permit issued under Section 8.10.140 consistent with the following:
(a) In the absence of proposed development:,
(1) aA protected trees shall not be removed unless determined by the director of planning and development services, urban forester grants a protected tree removal permit, having determined, on the basis of a tree report prepared by a certified designated arborist for the applicant and other relevant information, that treatments or corrective practices are not feasible, and that the tree should be removed because any of the following apply:
(i) iIt is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code.
(ii) It is a detriment to or is crowding an adjacent protected tree, or is impacting the foundation or eaves of a residence or any covered parking required under Title 18.
(2) In the event a protected tree is removed pursuant to a protected tree removal permit granted under this subsection, the director of planning and development services in consultation with the urban forester shallmay issue a temporary moratorium on development of the subject property not to exceed thirty-six months from the date the tree removal occurred. For any moratorium less than thirty-six months, the urban forester shall determine appropriate mitigation measures for the tree removal, and ensure measures are incorporated into any future development approvals for the property. Mitigation measures as determined by the urban forester shall be imposed as a condition of any subsequent permits for development on the subject property.
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(b) In the case of any development on a single-family (R-1) or low density (RE, R-2, or RMD) residential zoned parcellot, other than in connection with a subdivision, a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that any of the following apply:
(1) The tree is so close to the proposed development that construction would result in the death of the tree, and there is no financially feasible design alternative that would permit preservation of the tree, where financially feasible means an alternative that preserves the tree unless retaining the tree would increase project cost by more than twice the reproduction cost of the tree or 10% of the given project valuation, whichever is greater.Protected trees shall not be removed unless the trunk or basal flare of the protected tree is touching or within the building footprint, or the director of planning and development services has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section
8.04.050(2) of this code.
(2) The tree could be removed due to the conditions listed in Section 8.10.050(a)(1) and treatments or corrective practices are not feasible.If no building footprint exists, protected trees shall not be removed unless the trunk of the tree is located in the building area, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section
8.04.050(2) of this code.
(3) .If removal is allowed because the tree trunk is located in the building footprint, or the trunk or basal flare is in the building area, or because the director of planning and community environment has determined that the tree is so close to the building area that construction would result in the death of the tree, the tree removed shall be replaced in accordance with the standards in the Tree Technical Manual.
(c) In connection with the case of development involving a proposed subdivision of land into two or more parcels, ano protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that either of the following apply:
(1) rRemoval is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), in which case only the protected tree or trees necessary to allow access to the property or repair the geologic hazard may be removed.
(1)(2) The tree could be removed due to the conditions listed in subsection (a)(1)(i) and treatments or corrective practices are not feasible.
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The tree removed shall be replaced in accordance with the standards in the Tree Technical Manual. Tree preservation and protection measures for any lot that is created by a proposed subdivision of land shall comply with the regulations of this chapter.
(d) In the case of development requiring planning approval under Title 18, and not included under subsections (b) or (c), a protected tree shall not be removed unless determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that either of the following apply:
(1) Retention of the tree would result in reduction of the otherwise-permissible buildable area of the lot by more than twenty-five percent, and there is no financially feasible design alternative that would permit preservation of the tree, where financially feasible means an alternative that preserves the tree unless retaining the tree would increase project cost by more than twice the reproduction cost of the tree or 10% of the given project valuation, whichever is greater.
(2) The tree should be removed because it is dead, hazardous, or constitutes a nuisance under Section 8.04.050. In such cases, the dripline area of the removed tree, or an equivalent area on the site, shall be preserved for mitigation purposes from development of any structure.
(d)(e) In anyll circumstances other than those described in paragraphs subsections (a), (b), and (c), or (d) of this section, a protected trees shall not be removed unless one of the following applies: determined by the urban forester, on the basis of a tree report prepared by a designated arborist and other relevant information, that the tree is dead, is hazardous, or constitutes a nuisance under Section 8.04.050. (1) The director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, dangerous or constitutes a nuisance under Section 8.04.050(2). In such cases, the dripline area of the removed tree, or an equivalent area on the site, shall be preserved from development of any structure unless removal would have been permitted under paragraph (2), and tree replacement in accordance with the standards in the Tree Technical Manual shall be required. (2) Removal is permitted as part of project approval under Chapter 18.76 (Permits and Approvals) of this code, because retention of the tree would result in reduction of the otherwise-permissible building area by more than twenty-five percent. In such a case, the approval shall be conditioned upon replacement in accordance with the standards in the Tree Technical Manual.
8.10.055 Tree replacement.
(a) In the event a protected tree is removed pursuant to Section 8.10.050(a)(1)(i), mitigation for the removed tree, replacement tree ratio, in lieu fees, or a combination thereof shall be determined by the urban forester, based on factors including but not limited to the species, size, location, and specific reason for removal of the protected
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tree, in accordance with the standards and specifications in the Tree and Landscape Technical Manual.
(b) In the event a protected tree is removed pursuant to Section 8.10.050 (a)(1)(ii), (b), (c), (d), or (e), the tree removed shall be replaced in accordance with the standards and specifications in the Tree and Landscape Technical Manual, including but not limited to prioritization of locally native species, satisfaction of right tree in the right place principles, and incorporation of a secondary goal of net tree canopy increase on the property within 15 years. The urban forester shall approve the number, species, size, and location of replacement trees.
8.10.060 No limitation of authority under Titles 16 and 18.
Nothing in this chapter limits or modifies the existing authority of the city under Title 18 (Zoning Ordinance) to require trees, shrubs, hedges, and other plants not covered by this chapter to be identified, retained, protected, and/or planted as conditions of the approval of development. In the event of conflict between provisions of this chapter and conditions of any permit or other approval granted pursuant to Title 16 or Title 18, the more protective requirements shall prevail.
8.10.070 Care of protected trees.
(a) All owners of property containing protected trees shall follow the maintenance standards in the Tree and Landscape Technical Manual, including avoiding any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to excessive pruning, cutting, topping, girdling, poisoning, overwatering, underwateringreduced watering due to a landscape change, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. (b) At least seven days prior to pruning a protected tree, other than that required to remove a dead, diseased, or broken branch or branches, the property owner or their designee shall prominently post a notice on the property, in one or more locations readily visible to the public, that includes standards for pruning and a description of the tree including tree species, size, location, the date of work, and a contact phone number. The form for such notice will be available on the city’s website as a printable document. Protected trees less than five (5) years old are exempt from this provision. (b)(c) The standards for protection of trees during construction contained in the Tree and Landscape Technical Manual shall be followed during any development on property containing protected trees.
(d) The urban forester shall add identified protected trees into the city’s tree inventory database and, in coordination with the planning and development services departments, into city parcel reports.
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8.10.080 Development conditions.
(a) Development approvals for property containing protected public trees shallwill include appropriate conditions as set forth in the Tree and Landscape Technical Manual, providing for the protection of such trees during construction and for maintenance of suchthe trees thereafter. Trees may be designated for protection that are significant visually or historically, provide screening, or are healthy and important to the nearby ecosystem.
(b) It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any development approval or building permit condition concerning preservation, protection, and maintenance of any tree, including but not limited to protected trees.
8.10.090 Designation of heritage trees.
(a) Upon nomination by any person and with the written consent of the property owner(s), the city council may designate a tree or trees as a heritage tree. (b) A tree may be designated as a heritage tree upon a finding that it is unique and of importance to the community due to any of the following factors:
(1) It is an outstanding specimen of a desirable species; . (2) It is one of the largest or oldest trees in Palo Alto; . (3) It possesses distinctive form, size, age, location, and/or historical significance. (c) After council approval of a heritage tree designation, the city clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the specific locations thereof, shall be kept by the departments of public works and planning and community environment.
(d) Once designated, a heritage tree shall be considered protected and subject to the provisions of this chapter unless removed from the list of heritage trees by action of the city council. The city council may remove a tree from the list upon its own motion or upon written request by the property owner. Request for such action must originate in the same manner as nomination for heritage tree designation.
8.10.092 Tree removal in wildland-urban interface area
Tree removal and relocation in the wildland-urban interface (WUI) area, as defined in Section
15.04.190, shall be subject to the provisions in Chapter 15.04. To the extent Chapter 15.04 is inconsistent with this chapter, Chapter 15.04 shall control.
8.10.095 Tree removal in HD ZHospital District zone.
Tree removal and relocation in the Hospital District (HD) shall be subject to the provisions in Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this chapter, Section
18.36.070 shall control.
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8.10.100 Responsibility for eEnforcement.
(a) Violation of this chapter is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (a)(b) Persons employed in Tthe following designated employee positions may enforce the provisions are authorized to exercise the authority provided in California Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter, including but not limited to leveling fines under the city’s administrative penalty authority by the issuance of citations: assistant director of public works public services division, urban forester, landscape architect, project manager in the urban forestry section, landscape architect chief building official, assistant building official, and code enforcement officer, planning arborist.
8.10.110 Enforcement - Remedies for Vviolation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter:
(a) Stop Work - Temporary Moratorium.
(1) If a violation occurs in the absence of proposed development pursuant to subdivision Section 8.10.050(a)(1), or while an application for a building permit or discretionary development approval for the lot upon which the tree is located is pending, the director of planning and development services in consultation with the urban forester shall issue a temporary moratorium on development of the subject property, not to exceed five years from the date the violation occurred. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure measures are incorporated into any future development approvals for the property. Mitigation measures as determined by the urban forester shall be imposed as a condition of any subsequent permits for development on the subject property.
(1)(2) If a violation occurs during development pursuant to Section 8.10.050 (b), (c), (d), or (e), the city mayshall issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the director of planning and development services in consultation with the urban forester, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security. The mitigation plan shall include measures for protection or repair of any remaining trees on the property, and shall provide for replacement of each tree removed on the property or at locations approved by the director of planning and community and by the urban forester or director of public works, if replacement is to occur on public property. The replacement ratio shall be in accordance with the standards set forth in the Tree and Landscape Technical Manual, and
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shall be at least twice the prescribed a greater ratio than that required where tree removal is permitted pursuant to the provisions of this chapter. (2) If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval for the lot upon which the tree is located is pending, the director may issue a temporary moratorium on development of the subject property, not to exceed eighteen months from the date the violation occurred. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure measures are incorporated into any future development approvals for the property. Mitigation measures as determined by the director shall be imposed as a condition of any subsequent permits for development on the subject property.
(b) Civil Penalties.
(1) As part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an the following amount: not to exceed five thousand dollars per violation.
(i) Ten thousand dollars per tree, or twice the reproduction cost of each tree, whichever amount is higher, for the complete removal of a tree, as defined in Section 8.10.020(n)(1).
(ii) Ten thousand dollars per tree, or the reproduction cost of each tree, whichever amount is higher, for any of the actions set forth in Section
8.10.020(n)(2).
(iii) Ten thousand dollars per tree, or twice the repair cost of each tree, whichever amount is higher, for damage to a tree protected or regulated by this chapter which can be rehabilitated.
(2) Where the violation has resulted in removal of a tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher. Such amount Penalties shall be payable to the city.
(3) Replacement value Reproduction or repair cost for the purposes of this chapter section shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers. (c) Administrative Penalties. Persons listed in Section 8.10.100(b) may issue citations for violations of this chapter that level fines under the city’s administrative penalty authority.
(c)(d) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation.
(d)(e) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. (e)(f) The remedies and penalties provided in this section are cumulative and not exclusive.
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8.10.120 Fees.
Tree reports required to be submitted to the city for review and evaluation pursuant to this chapter shall be accompanied by the fee prescribed therefore in the municipal fee schedule.
8.10.130 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
8.10.140 Applications, Notice, and Appeals.
(a) Applications.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall be filed in accordance with this section and any applicable provisions of Chapter 18.77. Applications for removal of protected trees on non-residential zoned properties will follow review guidelines set forth in Section 8.10.050(d) and Section 18.76.020 and will follow the process set forth in Section 18.77.070. (2) The application form shall be prescribed by the urban forester and shall contain a list of information that must be submitted in order for the application to be deemed complete.
(3) Each application must be signed by all owners of the real property containing the protected tree, or an agent of the owner of record of the real property on which the protected tree occurs, when duly authorized by the owner in writing. (4) No application shall be deemed received until all fees for the application as set forth in the municipal fees schedule have been paid, and all documents specified as part of the application in this chapter or on the application form have been filed.
(5) Protected tree removal permits shall automatically expire after twelve months, unless otherwise provided in the permit, from the date of issuance of the permit if within such twelve- month period, the proposed tree has not been removed.
(b) Notice.
(1) All applications for removal of a protected tree pursuant to Section 8.10.050 shall give notice in accordance with this section, the Tree and Landscape Technical Manual, and any applicable provisions of Chapter 18.77. (2) After submittal of an application to remove a protected tree, notice shall be given consistent with subsection (b)(4) and shall include the date of the proposed removal and the basis for the application.
(3) Upon determination of a protected tree removal application, notice shall be given consistent with subsection (b)(4) and shall include a description of the decision and how to appeal it.
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(4) Notices required pursuant to this section shall include the address of the property, a description of the protected tree, including species, size, and location, and urban forestry contact information, and shall be given as follows:
(i) In writing to all owners and residents of property within 300 feet of the exterior boundary of the property containing the protected tree, and to all principal urban forestry partner organizations.
(ii) By posting on the property, in one or more locations visible to the public. (iii) By posting on the city’s website.
(a)(c) Appeals.
(1) Any person applying to remove a protected tree in the absence of proposed development pursuant to Section 8.10.050(a), and any owner or resident of property within 600 feet of the exterior boundary of the property containing the protected tree, may request a public hearing by the director of public works to review the urban forester’s decision, and may appeal the director of public works’ determination to the city council. Any such request or appeal shall be filed with the public works department in a manner prescribed by the urban forester.
(2) Any person seeking the director's approval applying to remove a protected tree pursuant to Section 8.10.050(b), (c), (d), or (e), and any owner or resident of property within 600 feet of the exterior boundary of the property containing the protected treethe ordinance codified in this chapter who is aggrieved by a decision of the director may appeal the director of planning and development service's such decision in accordance with the procedures set forth in Chapter
18.78 (Appeals).
(3) All appeals must be filed within fourteen days of posting of notice on the property pursuant to subsection (b)(4)(ii).
SECTION 5. Section 9.56.030 (Nuisances described - Authority to abate) of Chapter 9.56 (Abatement of Nuisances) of Title 9 (Public Peace, Morals and Safety) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
9.56.030 Nuisances described - Authority to abate.
(a) Each of the following conditions constitutes a nuisance, and whenever an enforcement officer determines that any of such conditions exist upon any premises, he may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property:
(1) The existence of any accumulation of solid waste upon the premises so as to be a nuisance under Section 5.20.180
.
(2) The existence of weeds upon the premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley, so as to be a nuisance under Section 8.08.010
.
(3) The existence of any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof, so as to be a nuisance under Section 8.04.050(a)(1).
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(4) The existence of any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services so as to be a nuisance under Section 8.04.050(ab)(2). (5) The existence within the thirty-five foot triangle of property at the intersection of streets improved for vehicular traffic, of any tree limb, shrub, hedge, or plant exceeding three feet in height where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists or pedestrians so as to create a safety hazard, so as to be a nuisance under Section 8.04.050 (ac)(3).
(6) The existence of any vines or climbing plants growing into or over any street tree or any public hydrant, pole or electrolier contrary to the provisions of Section 8.04.050(ad)(4) or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department.
(7) The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees so as to be a nuisance under Section 8.04.050
(ae)(5).
(8) The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, or obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel so as to be a nuisance under Section 8.04.050 (af)(6).
(9) The existence of hedges or dense thorny shrubs and plants on any street or part thereof so as to be a nuisance under Section 8.04.050(ag)(7).
(10) The existence of shrubs and plants more than two feet in height in any street, measured above top of curb grade so as to be a nuisance under Section 8.04.050(ah)(8). (11) The existence of any open pit in any closed or abandoned trampoline center. (12) The existence of any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder or delay the egress of occupants or response of emergency personnel, so as to be a nuisance under Section 15.04.055. (13) The existence upon the sidewalk in front of any premises of anything which shall restrict the public use thereof so as to be a nuisance under Section 9.48.020 .
(14) The existence upon the sidewalk in front of any premises of any dirt, debris or litter so as to be a nuisance under Section 9.48.050.
(15) The existence of any sign erected, constructed or maintained in violation of or which fails to comply in any way with the provisions of Chapter 16.20 of this code. (16) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk. (17) The storage or keeping of any used or unused building material in a location out of doors for more than thirty days within a year; provided, that nothing in this subsection shall:
(A) Make lawful any such storage when it is prohibited by other ordinances or laws;
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(B) Prohibit such storage upon the premises of a bona fide lumberyard or other dealer in building materials when the same is permitted under the Zoning Code and other applicable laws;
(C) Prohibit such storage for ninety days when done in conjunction with the construction project for which a valid building permit is in effect if required and which is being prosecuted diligently to completion; extensions for additional periods of time may be granted by the building official when additional storage time is necessary and upon proof that such construction project will be diligently pursued.
"Building materials," as used in this subsection, means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials.
(18) The storage or keeping in a location out of doors of any unused and abandoned open pit or excavation, building foundation, automobile, trailer, housetrailer, boat or other vehicle or major parts thereof. Without limiting the foregoing, any such thing stored or kept for a period in excess of thirty days in a year shall be presumed to be unused and abandoned for purposes of this provision.
(19) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition.
(20) The existence of any driveway which is determined to have been abandoned, pursuant to the provisions of Section 12.08.090
; provided, that no notice need be given to the owner of the property with respect to the abatement of such condition other than that provided in this chapter.
(21) Any other condition on or use of property which is in fact a menace to the public peace, health, or safety.
SECTION 6. Subsection (f) of Section 18.09.040 (Units Subject to Local Standards) of Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
18.09.040 Units Subject to Local Standards.
[. . .]
(f) No protected tree shall be removed for the purpose of establishing an accessory dwelling unit except in accordance with Chapter 8.10.
unless the tree is dead, dangerous or constitutes a
nuisance under Section 8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with the standards in the Tree and Landscape Technical Manual.
[. . .]
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SECTION 7. Section 18.36.060 (Parking and Loading) of Chapter 18.36 (Hospital (HD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
18.36.060 Parking and Loading
[. . .]
(e) For the purposes of calculating shading percentage pursuant to Section 18.54.040(d):
(1) Shade structures may be utilized in lieu of trees; (2) The canopies of protected trees (as defined by Section 8.10.020 (jl)) transplanted on the
site will count as double the actual tree canopy; and
(3) Valet parking facilities may be designed to achieve twenty-five percent shading (rather than fifty percent shading).
SECTION 8. Section 18.36.070 (Tree Preservation) of Chapter 18.36 (Hospital (HD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
18.36.070 Tree Preservation
(a) Applicability
(1) Except as provided in this section, development in the HD district shall comply with Palo Alto Municipal Code Chapter 8.10 (Tree Preservation and Management Regulations), and the city Tree and Landscape Technical Manual.
(2) No protected tree (as defined by Section 8.10.020(jl)), shall be removed or relocated until the director of planning and development services (“director”), in consultation with the city arboristurban forester, has determined whether the protected tree meets the standards of Group 1 or Group 2 Trees, as defined below, and the applicable Protected Tree Removal Permit or Protected Tree Relocation Permit has been obtained. The city’s determination whether a protected tree meets the standards of Group 1 or Group 2 Trees shall be valid for a period of ten years following the date of such determination.
(3) For the purposes of this chapter, "Biological tree resources" shall have the same meaning as "Protected trees" as defined in Section 8.10.020(jl).
[. . .]
(b) Preservation.
Notwithstanding Chapter 8.10
, Group 1 Trees shall not be removed unless they meet the standard in Section 8.10.050(a)(1)(i). Authorized relocation of Group 1 Trees shall not constitute removal.
(c) Relocation.
Notwithstanding Chapter 8.10, Group 1 and Group 2 Trees may be relocated upon issuance of a Protected Tree Relocation Permit from the director in consultation with the city
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arboristurban forester. For purposes of this section, authorized relocation of Group 1 and 2 Trees shall not constitute removal. The requirements for a Protected Tree Relocation Permit shall be as follow:
(1) The applicant shall submit a proposed Tree Relocation and Maintenance Plan (TRMP) that (i) evaluates the feasibility of moving the tree to another location on or near the development site; and (ii) identifies the actions to be taken to increase the likelihood that relocation is successful including the following information: pre-relocation irrigation, relocation procedures, monitoring inspections, and post-relocation tree irrigation and maintenance. (2) If the director determines the proposed relocation is feasible, the director shall issue a Protected Tree Relocation Permit requiring the following:
(A) The Protected Tree Relocation Permit shall specify the actions required to increase the likelihood that relocation is successful.
(B) Location of relocated trees is subject to review and approval by the director in consultation with the city arboristurban forester.
(C) If the relocated tree does not survive after a period of five years, the relocated tree shall be replaced with a tree or a combination of trees and tree value standards consistent with Section 3.20, Table 3-1 Tree Canopy Replacement provisions, of the Tree and Landscape Technical Manual. If, after relocation, a relocated tree is disfigured, leaning with supports needed, or in decline with a dead top or dieback of more then twenty-five percent, the tree shall be considered a total loss and replaced as described in this subsection. (D) The applicant shall provide a security guarantee for relocated trees, as determined by the director of planning and development services, in consultation with the city arboristurban forester, in an amount consistent with the Tree and Landscape Technical Manual. (d) Removal of Group 2 Trees.
Notwithstanding Chapter 8.10, removal of Group 2 Trees shall be allowed in the HD district, upon issuance of a Protected Tree Removal Permit from the director in consultation with the city arborist. The requirements for a Protected Tree Removal Permit shall be as follows:
(1) Group 2 Trees that are removed without being relocated shall be replaced in accordance with the ratios set forth in Table 3-1 of the City of Palo Alto Tree and Landscape Technical Manual in the following way:
(A) The Protected Tree Removal Permit issued shall stipulate the tree replacement requirements for the removed tree, including number of trees, size, location, and irrigation. The number and size of trees required for replacement shall be calculated in accordance with Tree Canopy Replacement provisions Table 3-1 of the Tree and Landscape Technical Manual. (B) The difference between the required tree replacement and the number of trees that cannot be feasibly planted on site shall be mitigated through contribution to the City of Palo Alto Forestry Fund as provided in Section 3.15 of the Tree and Landscape Technical Manual.
Payment to the Forestry Fund would be in the amount representing the fair market value, as described in Section 3.25 of the Tree and Landscape Technical Manual, of the replacement trees that cannot be feasibly planted on site. (2) Location of replacement trees is subject to review and approval by the director in consultation with the City Arboristurban forester.
(e) Appeal. Any person seeking the director's classification of Group 1 or 2 Trees, or seeking the approval to remove or relocate a protected tree pursuant to this chapter who is aggrieved
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by a decision of the director may appeal such decision in accordance with the procedures set forth in Chapter 18.78 (Appeals).
SECTION 9. Section 18.54.050 (Miscellaneous Design Standards) of Chapter 18.54 (Parking Facility Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows (additions underlined and deletions struck through):
18.54.050 Miscellaneous Design Standards
(b) Sight Distance
(1) For residential uses of three or more units, and for all nonresidential uses, including public facilities, clear sight distance triangles for exiting driveways shall be provided as shown in Figure 6 of this Section 18.54.070
. In the non-zero setback zone only, if a stop sign is provided at the driveway exit, the director may decrease the required dimensions of the sight distance triangles. For cases not covered by
Figure 6, sight distance triangles shall be provided as required by the director. Neither the sight distance triangles nor any portion of the public right of way shall contain any wall, sign, berm, or other obstruction that is greater than three feet high above driveway grade, unless its width (measured in any direction or diameter) is eighteen inches or less. Nor shall the sight distance triangles or any portion of the public right of way contain any landscaping, except trees, that is greater than two feet in height above top of curb grade (refer also to Sections
8.04.050(ah)(8) and 9.56.030(a)(10)). The height of landscaping shall be its maximum untrimmed natural growth height.
SECTION 10. Section 2.25.050 (Purpose and Duties) of Chapter 2.25 (Parks and Recreation Commission) of Title 2 (Administrative Code) of the Palo Alto Municipal Code hereby amended to read as follows (additions underlined and deletions struck through):
(a) The purpose of the parks and recreation commission shall be to advise the city council on matters relating to the activities of the open space, parks and golf division and the recreation division of the community services department, excluding daily administrative operations.
(b) The commission shall have the following duties:
[. . .]
(7) Serve as a community forum for Urban Forestry matters and provide feedback, recommendations, and interpretations to City Council on the Urban Forest Master Plan and other associated policies.
(c) The parks and recreation commission shall not have the power or authority to cause the expenditure of city funds or to bind the city to any written or implied contract.
SECTION 11. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the
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fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 12. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. Alternatively, the ordinance is also exempt under CEQA Guidelines Section 15308 because it involves regulatory action for the protection of the environment.
SECTION 13. This ordinance shall be effective on the thirty-first day after the date of its adoption. However, this ordinance shall not apply to any projects that have submitted a complete application as of the ordinance’s effective date. In addition, until such time as a list of designated arborists is established by the Urban Forester, the term “designated arborist” shall mean any arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk
Mayor
APPROVED AS TO FORM:
APPROVED:
____________________________ ____________________________ Assistant City Attorney
City Manager
____________________________
Director of Public Works
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City Council Staff Report
Meeting Date: 6/20/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: PUBLIC HEARING: Adoption of the Budget Ordinance for Fiscal Year 2023, Including the Operating and Capital Budgets, Table of Organization, and Municipal Fee Schedule; Acceptance of Updates to the Capital Improvement Plan and Sustainability/Climate A ction Plan, and the Retiree Healthcare Actuarial Report; and Approval of Contributions for Retiree Healthcare Benefits
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt the Fiscal Year 2022 Budget Ordinance (Attachment A), which includes:
a. City Manager’s Fiscal Year 2023 Proposed Operating and Capital Budgets, previously distributed at the May 2nd City Council Meeting (Attachment A, Exhibit 1) b. Amendments to the City Manager’s Fiscal Year 2023 Proposed Operating Budget (Attachment A, Exhibit 2)
c. Amendments to the City Manager’s Fiscal Year 2023 Proposed Capital Budget (Attachment A, Exhibit 3)
d. Centralized Allocation Amendments to the City Manager’s Fiscal Year 2023 Proposed Operating and Capital Budgets (Attachment A, Exhibit 4) e. Fiscal Year 2023 City Table of Organization (Attachment A, Exhibit 5) f. Fiscal Year 2023 Municipal Fee Changes (Attachment A, Exhibit 6)
2. Accept the Fiscal Year 2023 – 2027 Capital Improvement Plan
3. Accept an Update on the Sustainability and Climate Action Plan (S/CAP) (Attachment B)
4. Accept the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan and approve full funding of the Actuarial Determined Contribution (ADC) for Fiscal Year 2023 using the staf f recommended funding level of $16.3 million and affirm the continued practice of transmitting amounts at a lower 5.75 percent discount rate as an additional discretionary payment to the City’s California Employers’ Retiree Benefit Trust (CERBT) Fund (Attachment C).
EXECUTIVE SUMMARY
This memorandum summarizes changes to the City Manager’s Fiscal Year (FY) 2023 Proposed Budget through Budget Hearings with the Finance Committee and City Council and brings forth refined actions to revise the FY 2023 Proposed Operating and Capital Budgets and FY 2023 Municipal Fee Schedule for final City Council review and adoption. This memorandum includes 28 Packet Pg. 556
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the necessary supporting documents for formal adoption by the City Council, such as the FY 2023 Budget Ordinance and the Table of Organization.
The FY 2023 Budget sets forth a two -year budget strategy to assist with reinvesting in community services reduced over the last several years. New revenues are needed to ensure sustained services and support evolving community need s, including unfunded priorities such as investing in rail crossings, affordable housing and unhoused services, and more.
Refined actions to revise the Proposed Budget, that were part of the May 24 th Finance Committee Meeting ( CMR 14455), are discussed in the FY 2023 Final Recommended Changes section of this memorandum. All changes to the Proposed Budget tentatively approved by the Finance Committee are detailed for the FY 2023 Operating Budget, by fund and by department, in Attachment A Exhibit 2; FY 2023 Capital Budget adjustments can be found in Attachment A, Exhibit 3; changes to the Table of Organization are discussed later in this memorandum, and an updated Table of Organization is included as Attachment A, Exhibit 5.
Links to the meetings with the Finance Committee and the City Council, as well as the memoranda, presentations, and additional information provided for discuss can be found on the City’s website (www.cityofpaloalto.org/budget) under the FY 2023 Budget Process section.
The report is organized by the following sections:
• Background and Discussion: Summary of FY 2023 budget process and overall balancing strategies organized by fund type, as well as several ar eas of focus that the Finance Committee wanted to highlight as more information for the City Council.
• FY 2023 Final Recommended Changes: A summary of final direction given by the Finance Committee on May 24 and additional recommended technical adjustments organized by fund type.
• Table of Organization: A summary of additional changes to the Table of Organization as a result of adjustments made to the proposed budget that was released on May 2, 2022.
• Municipal Fee Schedule: A summary of the changes in the Review and Recommendations to Council on the FY 2023 Municipal Fee Schedule Amendments for Incorporation in the FY 2023 Proposed Budget (CMR 14111).
• FY 2023 Utility Rate Changes: A brief overview of the rate changes reviewed by the Utilities Advisory Commission and Finance Committee and the final decision the City Council scheduled for June 13, 2022 (CMR 13661); each of these rate changes are included in the FY 2023 budget assumptions.
• Review of Referral Items from the Finance Committee: This report details a list of areas that the Finance Committee recommends for additional staff work as a result of discussions from the FY 2023 budget heari ngs. These are areas identified for deeper analysis or alternative funding strategies to be explored over the course of the next fiscal year.
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• Attachments: Attached to this report are a number of documents as outlined and referenced throughout the recomme ndation language and the report. In addition, links to all the materials presented throughout the budget process to the City Council such as staff reports, At Places Memorandums, presentations made during the budget hearings, and transcripts from City Coun cil Budget Hearings are included.
Not included in this staff report is the approval of the FY 2023 Appropriations (GANN) Limit that is required under Article XIIIB to the California State Constitution, as amended by proposition 98 in 1988 and Proposition 111 in 1990. The GANN Limit calculation is transmitted separately for City Council consideration on June 20, 2022 (CMR 14442). The appropriation calculation can be found on the City’s website (www.cityofpaloalto.org/budget) under the FY 2023 Budget Process section.
BACKGROUND
Per the Municipal Code, the City Manager is charged with proposing a budget that pro vides a clear and complete financial plan for all City activities proposed for the coming budget cycle, or fiscal year. The FY 2023 Proposed Operating and Capital Budgets were transmitted to the City Council on May 2, 2022. These documents represent the pl anned expenditures and revenues for FY 2023 for the various fund types that constitute the City’s Budget: General Fund, Capital Fund, Enterprise Funds, Internal Service Funds, Special Revenue Funds, and Debt Service Funds.
The budget documents contain an o verview section with descriptions of each of these fund types and detailed information of the revenues and expenses for each fund as well as for each individual department.
The FY 2023 Proposed Operating and Capital Budgets were presented to the City Coun cil in a study session on May 2, 2022. This study session provided an overview of the budget for review and discussion, including Citywide budget strategies, assumptions used in budget development, and a summary of service impacts on the organization. As p art of this discussion, the City Council provided guidance to the Finance Committee for their review of the budget documents during hearings on May 10, 11, and 24. The Finance Committee review of operating and capital budgets is structured around public he arings conducted prior to the City Council adoption to complete a detailed review of the budget documents and to incorporate opportunities for community input into the decision -making process. These meeting proceedings are organized by service area and inc lude department presentations to highlight areas of emphasis for their respective department and fund(s). The Finance Committee reviews individual budget sections by Department for tentative approval of the budget, potential amendments, and requests for additional information to aid in their review. At the conclusion of these hearings (Budget Wrap - up), the Finance Committee is ultimately tasked to provide recommendations to amend the Proposed Operating and Capital Budgets and Municipal Fee Schedule for City Council consideration. These amendments, and additional information recommended for City Council review, are included in this adoption memorandum.
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The City Council adoption of the City Manager’s FY 2023 Proposed Operating and Capital Budgets and FY 2023 Municipal Fee Schedule, including the amendments summarized in the Budget Wrap-up Memorandum on May 24, 2022 (CMR 14455), will represent the ratification of the amendments that were approved by vote through the budget hearings. These amendments include all changes to the Municipal Fee Schedule and the Table of Organizatio n. A comprehensive list of meeting materials issued during Finance Committee budget hearings is available on the City website: www.cityofpaloalto.org/budget. In addition to the meetings with the Finance Committee, the City initiated the Fiscal Sustainability Community Conversation to engage the community in the budget development process through solicited online and mailed feedback regarding the City’s fiscal sust ainability efforts. Community members could rank their priorities for community services, provide suggestions for additional service priorities, and pose questions about the City’s fiscal sustainability efforts and revenue measures. Additional information can be found on the City website in the Fiscal Sustainability Website section.
DISCUSSION
The FY 2023 Proposed Budget was presented to the City Council on May 2, 2022 which included a proposed budget balancing strategy that reflects continued cautious op timism, consistent with the conservative financial assumptions used to develop the FY 2022 Adopted Budget and included in the Council-adopted Long-Range Financial Forecast. This budget continues to reflect a recovery period and transition to an endemic sta te, building on reinvestments that the City Council has made in the current year. It should be noted that the FY 2023 Budget sets forth a two-year funding strategy that uses one-time funds to assist in service reinvestments for fire, police, library, and community services reduced over the last several years. New revenues are needed to ensure sustainable services , to address evolving community needs, and make progress on unfunded needs like grade separation, affordable housing and homeless services.
Without new revenue additional service reductions in future years are likely.
The FY 2023 Budget recommends reinvestments in ongoing resources for urgent, critical needs for health, safety, and prior City Council direction ($2.6 million, including $1.0 million for Project Homekey) and approximately $4.0 million in priority service reinvestments using American Rescue Plan Act (ARPA) funding and major tax revenues expected to exceed budgeted estimates by approximately $14 million in FY 2022. These one -time funds are recommended to assist in the service reinvestments for a two-year period (through FY 2024).
This approach allows the City to continue its ambitious plans to rebuild community services; however, to sustain these reinvestments beyond the limited term, o ngoing revenues will be needed. The potential revenue ballot measure to affirm the current transfer of natural gas proceeds would provide ongoing funding needed to sustain these reinvestments in services. A second measure for a new Business Tax to provide stability and a foundation for a more diverse revenue portfolio and begin to address unfunded needs is being considered as well. The FY 2023 Budget was developed based on the FY 2023 -2032 Long Range Financial Forecast (LRFF) (CMR 13800 ) approved by the City Council which outlined a conservative recovery from the 28 Packet Pg. 559
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pandemic over a three to five -year period, and more rapid investments in services in the workforce.
The FY 2023 Budget ensures that the City continues to proactively fund long term liabilities, begins to phase in capital investments that had been reduced in prior yea rs, and uses one-time resources for limited term priority service investments. Recognizing the continued economic uncertainties in the year ahead, it will be important to closely monitor the City’s financial outlook as new information becomes available and continue to rebalance resources with the pace of recovery. Additionally, the City must contemplate major changes for programs and services such as affordable housing, grade separation, and other initiatives that do not have planned funding sources. In the coming year, the City will continue to engage in community discussion around fiscal sustainability and feedback on service priorities. In parallel, the City Council will continue to discuss and evaluate potential revenue measures for voter consideration for the November 2022 election that could generate new revenue s to further restore services to pre -pandemic levels, support investments in the community's future, expand priority services, and build on Palo Alto's services as community needs evolve.
General Fund
Overall, the City’s General Fund is recommended to have $237.8 million in revenues and $247.5 million in expenses, a balanced budget for FY 2023. A total of $350,000 in expenditures has been added to FY 2023 proposed funding levels to support non -profit programs, explore ownership of Barron Park Alley (Cypress Lane), and align budget estimates for several technical adjustments. Additionally, this change includes staffing resources to support updates made to the Tree Protection Ordinance, approved by the City Council on June 6, 2022 (CMR 14355).
Overall, this reflects a $38.3 million, or 15.5 percent, increase compared to the FY 2022 Adopted Budget. This includes an increase from the FY 2023 Proposed Budget of 3 full -time staff (2.00 FTE in the Genera l Fund and 1.00 FTE in Enterprise Funds) and one part -time staff (0.48 FTE in the General Fund), resulting in an overall workforce of 1,017.85 full -time positions (552.81 FTE in the General Fund) and 89.68 FTE part -time positions (63.07 FTE in the General Fund).
Budget Stabilization Reserve
The FY 2023 Proposed Budget recommended an adjustment to increase the projected FY 2022 Year-End BSR by $14.0 million, from $40.7 million to $54.7 million to reflect higher than anticipated tax revenues. The net impac t from FY 2023 Proposed actions reduces this BSR level by $8.9 million, resulting in a projected FY 2023 year -end balance of $45.8 million. At proposed expense levels of $247.2 million, this BSR level was slightly above the 18.5 percent target by $100,000, or $800,000 once adjusted for appropriate reserves. This adjustment reflects the exclusion of the reserve for the two -year funding strategy and has been calculated to avoid unintentional inflation of the BSR.
Amendments outlined in this report reduce t he projected FY 2023 BSR levels by $ 21,000, from $45.8 million to $45.7 million. At revised expense levels of $247.2 million, the BSR level is at the 28 Packet Pg. 560
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18.5 percent target . Once adjusted for reserves mentioned above, the BSR level is higher than the 18.5 per cent target by $ 715,000, at 18. 8 percent. These funds may be allocated at the discretion of the City Council and remain within the 15 to 20 percent range outlined in the City’s BSR policy.
Capital Funds
The City’s Capital Improvement Plan reflects a $379. 5 million FY 2023 budget, and an $821.9 million plan over the five -year CIP (FY 2023-FY 2027). Of this, the Capital Improvement Fund FY 2023 budget reflects expected expense of $88.1 million and $205.5 million over the five -year CIP.
Capital Reappropriations
The Municipal Code requires City Council authorization to reappropriate funds for capital projects from one fiscal year to the next. The FY 2023 budget process continues this procedure, and the FY 2023 Proposed Capital Budget included approximately $56 .0 million in reappropriated funds for project expenditures across all funds. In the time since the FY 2023 Proposed Budget figures, Staff refined the FY 2022 estimated project activity levels and provided further updates to increase the reappropriations b y $27.6 million, to $83.6 million across all funds. The additional reappropriation adjustments are summarized in Attachment A, Exhibit 3, along with the other adjustments detailed below.
Other Capital Project Adjustments
Capital Improvement Fund
- Performing Arts Venues Seat Replacement (AC-18000) - Funding in the Performing Arts Venues Seat Replacement (AC-18000) project in FY 2022 ($0.4 million) will be used to award a contract to repair the seats at the Children’s Theater; however, there will not be enou gh funding to complete repairs at the Lucie Stern Theater. Bids were received for work at the Children’s Theater in May 2022 and based on the estimated work at the Lucie Stern Theater, Staff recommends adding funding of $0.7 million to AC -18000 to replace the seats at the Lucie Stern Theater. Damages to the seats at the Lucie Stern Community Center include: broken springs, loose and missing screws, ripped and stained upholstery, and missing seat numbers. In addition, broken seat mechanisms are limiting acc essibility and the replacement seating will also incorporate a more modern ADA compliance design. As directed by the Finance Committee on May 24, additional funding of $50,000 will be programmed in FY 2023 for design work at the Lucie Stern Community Center and $650,000 in FY 2024 to complete construction.
- Ramos Park Improvements (PG -14000) - The design for this project is complete and the Community Services Department anticipates bidding this project in Summer 2022. Funding for this project has been dimi nished in prior years through administrative charges, so staff recommends adjusting this project in FY 2023 to fund the award of the project. As directed by the Finance Committee on May 24, additional funding of $300,000 will be programmed in FY 2023, and the funding will be reimbursed from the Capital Improvement Fund Administration project (AS-10000) so that the Infrastructure Reserve will not be impacted.
Electric Fund
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- Substation Physical Security (EL-16003) - As directed by the Finance Committee on May 24, the Substation Physical Security Project (EL-16003) will be increased by $2.2 million in FY 2023 from the proposed level of $2.2 million to $4.4 million. The $2.2 million is comprised of $1.1 million reappropriated from FY 2022 and $1.1 million reappr opriated from year -end savings in various projects within the Electric fund which were reprioritized and deferred due to staffing shortages ($0.5 million Substation Breaker Replacement EL -17002; $0.6 million Facility Relocation for Caltrain Modernization P roject EL-17007). The resulting $4.4 million budget in FY 2023 for EL - 16003 will cover the estimated costs and related staffing expenses to install security walls, perimeter lighting and cameras at all nine Electric Substations.
Areas of Focus
Recruiting
In b udget hearings on May 10, May 11, and May 24, the Finance Committee engaged in extended discussions regarding recruitment and retention of City -staff. Recruitment and retention issues have impacts on service levels. As the City anticipates a need to r eturn to more normalized operations, due to recovery from the pandemic, several challenges have emerged such as the current backlog of recruitments, a tight labor market, expiration of labor agreements, inflationary pressures, and other factors. In consideration of these conditions , the Finance Committee has requested to include additional information regarding the recruitment process and timeline, vacancies and active requisitions, and funding and staffing available to support recruitments. The At-Places Memo and its attachments from the May 10 meeting identify current vacancies and respective hiring status . As of May 2022, there are 139.75 vacancies as compared to authorized staffing levels of 976.00, a 14.3 percent vacancy rate. This level of vacancy is higher than the same period in the prior year in w hich there were 87.15 vacancies as compared to authorized staffing levels of 958.35, a 9.1 percent vacancy rate. A detailed list of full -time (benefitted) positions that are vacant throughout the City is detailed in Attachment B of the At -Places Memo, per the link above. The table below shows the normal process and timeline required to fill a typical full-time City vacancy.
Stage Timeline
Requisition - This is the stage where a department submits their request to fill a vacant or soon to be vacant position. Requisitions are initiated by the departments and routed for approval through the Office of Management and Budget and finalized by HR.
2-4 weeks
Recruitment Plan – Hiring Managers and Recruiters meet in advance of the job posting to map out the strategy to fill the position. This includes determining the type, timing, and duration of the job posting as well as what objective criteria will be used to rank and rate the candidates during the process. 2-4 weeks
Exam Plan and Posting – Draft of the job posting is finalized and put into approved templates/formats for publication and the number of review steps is finalized (i.e. phone screenings, panel interviews, etc..)
2-6 weeks
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Screen Applications – Recruiters along with subject matter experts from the hiring department review applications and review based on experience, education, and knowledge to determine best qualified candidates who will move on to the selection process.
1-3 weeks
Selection – The most qualified applicants are invited to a selection stage based on the size and depth of the candidate pool. This traditionally is made up of at least one panel interview and a final round interview with the Hiring Manager. 1-4 weeks
Offer and Hire – This stage includes the conditional offer, negotiation (if any), pre- employment conditions, and onboarding paperwork and processing. The culmination being their New Employee Orientation.
2-4 weeks
Currently, the City has 5 staff (4.5 FTE) that are focused on recruitment activities, which includ e
1.0 Senior Management Analyst, 1.0 Senior Human Resources Representative, 2.0 Human Resource Representatives, and 0.5 Human Resources Technician. Additionally, the FY 2023 Budget includes $ 400,000 for labor negotiations. The supplemental funding will all ow the City to utilize outside expertise to aid in that process and preserve staff capacity to carry out recruitment activities.
Pension Policy
In the FY 2023 Proposed budget staff set aside a General Fund reserve to begin a phased -in reduction of the assumed discount rate (DR) from 6.2 to 5.3 percent and increase contributions to the City’s proactive pension funding via contributions to a Section 115 Pension Trust Fund (“Pension Trust”). The reserve was $1.3 million, which represents six months at the new DR and is approximately equivalent to an interim DR of 5.8 percent. A DR of 5.3 percent more closely aligns anticipated rate of return with the recent CalPERS Asset Liability Management (ALM) study, which includes a survey of external asset managers and c onsultants to gain expert projections on expected market returns. Further information is available in the May 24, 2022 Finance Committee Budget Wrap -up memo (CMR 14455). The Finance Committee tentatively approved staff’s proposal to phase in the 5.3 percen t DR and directed staff to liquidate the reserve by allocating funds from the reserve into the respective departments so funding could be transmitted to the Pension Trust in FY 2023. The Committee also recommended that Council refer further discussion of t he policy of setting the discount rate back to the Finance Committee. To maintain consistency in pension contribution levels among all funds, in addition to the $1.3 million programmed in the General Fund, proportional supplemental pension funding of $0.9 million is programmed in other funds for a citywide total of $2.2 million in FY 2023. These funds materialize in the respective departments and funds as personnel benefit expenses and pass through the General Benefits Fund to the Pension Trust. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
Sustainability and Climate Action Plan S/CAP Overview
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individual departments’ budgets, but presented separately to reflect the cross -departmental nature of the S/CAP effort and its status as one of the 2022 Council Priorities. The review included new positions approve d by Council during the FY 2022 Mid -year, and new positions and resources recommended in the FY 2023 Budget. Attachment B includes an overview of the functional areas involved in implementing the electrification efforts needed to support the 80 percent gr eenhouse gas reduction by 2030 goal, and how the staffing and other resources recommended in the FY 2023 budget support these areas and the goal.
Bicycle and Pedestrian Status and Next Steps
Improvements to the street network and bicycle and pedestrian infrastructure are in progress and in alignment with the 2012 Bicycle and Pedestrian Transportation Plan (BPTP) as resources allow. Some BPTP projects are funded via the Bicycle and Pedestrian Transportation Plan Implementation capital project (PL -04010) w hile others have been pulled out into their own capital projects or funded out of the Safe Routes to School project (PL -00026) where appropriate. Further information regarding the status of various capital projects (in addition to PL-04010 and PL -00026) related to the overall Bicycle and Pedestrian Plan can be found in the at places memo (CMR 14455) presented to the Finance Committee on May 24, 2022.
Grade Separation Investments
Cumulative investment from FY 2017 through May 24, 2022 (tracking through the Rail Grade Separation capital project PL-17001) is $4.6 million. Associated funding has been used to:
• Identify and recommend alternatives for consideration at four at-grade separation locations • Prepare conceptual plans for various alternatives for grade separation • Perform data collection and conduct studies needed to det ermine the major impacts at this preliminary evaluation
• Community engagement and Outreach efforts in providing information to community • Support Technical and Advisory Groups such as Expanded Community Advisory Panel (XCAP)
This project provides engineerin g support, circulation studies, community engagement efforts, and other subsequent tasks needed to advance the City’s goal of grade separating railroad crossings; involving changing four rail grade crossings and estimated to exceed $1 billion in costs.
Information Technology Department Budgeting
As technology continues to move toward a software as a service (SaaS) or subscription -based model, expenses are typically considered as part of operating expenses rather than capital expenses. More and more frequen tly, organizations are moving to an operating expenditure model rather than a capital one, as capital expenses are generally reserved for static investments while operating expenses are intended for fluctuating costs that can be scaled as necessary.
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A few examples of services moving from capital to operating are the City’s enterprise resource planning (ERP) software, Amazon Web Services (AWS), laptop replacements, and network infrastructure (e.g., switches, hubs and, wireless access points).
FY 2022 FINAL RECOMMENDED CHANGES
During the most recent budget meeting on May 24, the Finance Committee addressed several remaining items from the May 10 and 11 meetings, and on June 6 the City Council recommended approval of changes to the City’s Tree Ordinance whi ch included adding several positions in FY 2023. More information about these items is below.
General Fund
Funding for Barron Park Alley (Cypress Lane)
The Finance Committee recommended to appropriate $18,000 to research ownership of Cypress Lane, the a lley behind Barron Park. This funding will support staffing and consultant resources as the first step in a three -step process to: 1) confirm current ownership of Cypress Lane; 2) based on the findings in step one, determine how the City could take ownersh ip of Cypress Lane; and 3) if the City takes ownership of the property, repair and maintain Cypress Lane. Staff plans to return to the City Council with the results of step one and recommend necessary actions and funding needs to continue with steps two an d three if desired, in FY 2023. Further information is available in the May 24, 2022 Finance Committee Budget Wrap -up memo (CMR 14455, Attachment E).
Funding to Youth Community Services (YCS) for the Youth Connectedness Initiative (YCI) The Finance Committee recommended to appropriate an additional $50,000 to provide fun ding to YCI in FY 2023 to supplement the City’s teen mental health services. The 2017 -2019 YCI Impact Report has been provided as Attachment D for additional information regarding prior use of City funding for this program . In addition, the Committee has r ecommended an ongoing increase of HSRAP funding by $50,000 starting in FY 2024 to be a part of the biennial human service grant award process.
Funding for the United Nations Association Film Festival (UNAFF) The Finance Committee recommended to appropriate an additional $20,000 in one -time funding in support of the UNAFF. Historically, the City has provided roughly $10,000 annually over the past several years fiscal years in support of the film festival as well as waived rental fees at t he Mitchell Park Community Center. Due to the importance of the film festival to the community, the Committee has proposed an increase in funding for the event. In addition, the Committee requests that the Council discuss the City’s current policies and pr ocedures for funding non-profits as reflected in item #2 on the list of referral items.
Funding for the City’s National Citizen Survey (NCS)
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The Finance Committee recommended restoring $30,000 in funding to conduct the NCS on an annual instead of bi-annual basis. In FY 2021, the NCS was transitioned from the City Auditor to the City Manager’s Office, and as a cost -saving measure was reduced to being conducted on a biannual basis during odd numbered Fiscal Years. Most departments include NCS survey resu lts as part of performance metrics and the reinstatement of annual surveys will enable the City to receive community feedback more frequently. Funding is currently budgeted for the NCS in FY 2023 and this adjustment will not impact the current budget; howe ver, funding will be included annually beginning in FY 2024.
Reduce $1.3 Million Pension Trust Reserve and Allocate Costs Across the City As discussed in the section above, the Finance Committee recommended to liquidate the $1.3 million reserve in the Pro posed Budget by allocating funds from the reserve into the respective departments so that funding is transmitted to the City’s Pension Trust in FY 2023. The increased contribution reflects an interim discount rate (DR) of 5.8 percent, which is lower than t he City’s current assumption of 6.2 percent. The additional pension contribution expense will be proportional spread across all City departments based on current pensionable payroll liabilities, with those funds being directed to the City’s Pension Reserve , and then ultimately transmitted to the City’s Section 115 Pension Trust Fund. A detailed breakdown of the additional costs by department can be found in Attachment A, Exhibit 4. In addition, the Finance Committee requests that the Council discuss the ap propriate level to set the DR for the City’s pension policy as reflected in item #1 on the list of referral items.
General Fund Transfer to the Art Fund
The Finance Committee approved the staff recommendation to increase the transfer from the General Fund to t he Public Art Fund, in compliance with requirements that limit the administrative expenses that are funded through fees (ordinance 5226). This technical alignment was inadvertently excluded from the development of the FY 2023 Proposed Budget.
The Public Art Fund was created in FY 2014 to support the City’s Public Art Program. As Public Art expenses have increased, it is necessary to increase the FY 2023 transfer from the General Fund to the Public Art Fund by $14,000 from $170,000 to $184,000.
Tree Ordinance Update and Additional Positions
On June 6, City Council adopted an ordinance amending Title 8 of the Palo Alto Municipal Code to expand tree protection to include additional protected tree species, revise grounds for tree removal, and make clarifying changes and amending Titles 2, 9, and 18 to make clerical updates (CMR 14355). The ordinance significantly increases the staff resources needed for development plan review, tree removal permit review, violations investigation, and enforcement. To meet those needs, 2.48 positions totaling $332,580 have been added to the FY 2023 Operating Budget, including a 1.0 FTE Project Manager, a 1.0 FTE Building/Planning Technician, and a 0.48 FTE hourly Staff Specialist. In FY 2023, the full cost of the positions will be covered by the General Fund, but staff will add revenue through adjus tments during the fiscal year, if possible, and offsetting revenue will be included in the FY 2024 budget process.
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Other Funds
Other Post-Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee unanimously recommended approval of the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan ( CMR 14 112) included in Attachment C. As part of this report, the Finance Committee recommended the full funding of the Actuarial Determined Contribution (ADC) for FY 2023 and FY 2024, using the staff recommended funding levels, and affirmed the continued practice of transmitting amounts at a lower 5.75 percent discount rate as an additional discretionary payment to the City’s California Employers’ Retiree Benefit Trust (CER BT) Fund. This report is completed biannually to provide an actuarial valuation detailing the latest status of the City of Palo Alto’s Retiree Healthcare plans for employees and retirees. The analysis is used to determine the City’s retiree healthcare liability and the annual ADC to the trust. In addition, the report details funding status, results of assumptions such as discount rate (DR), healthcare plan premiums, and projected future healthcare costs. This action results in a revised FY 2023 funding leve l of $16.3 million as compared to the $16.9 million in the FY 2023 Proposed Budget, a $600,000 reduction. This funding level is compromised of the ADC of $15.9 million and $0.4 million for retiree healthcare costing of approximately 60 new staff added in the FY 2023 budget. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
Eliminate funding for the Parking Attendant Program
The Finance Committee recommended the elimination of FY 2023 funding of $289,972 for the Parking Attendant Program in the University Avenue Parking Permit Fund in recognition that parking demand and revenue have been reduced as compared to pre -pandemic levels. Valet programs are typically in use at Lots R, CC, CW, and S during peak usage as a me thod to increase garage capacity. This expenditure will be eliminated during FY 2023 and staff will re - evaluate funding needs as part of the FY 2024 budget development.
Enterprise Funds
Add Staffing to Support Utilities Business Operations and Initiatives The Finance Committee approved the staff recommendation to add 1.00 FTE Principal Utilities Program Manager presented in an at places memo at the May 11 meeting. This staffing provides high level strategic management support across multiple Utilities divisions (Engineering, Operations, Resource Management, Customer Su pport), and collaborate with other City departments (City Manager, Office of Sustainability, Development Services, Transportation, Public Works) on citywide initiatives such as the Sustainability and Climate Action Plan (S/CAP).
TABLE OF ORGANIZATION
During budget hearings and in subsequent City Council meetings, the Finance Committee and City Council recommended staffing adjustments in the Infrastructure and Environment service 28 Packet Pg. 567
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area. A more detailed description of these actions is included in Attachment A, Exhibit 2, and an updated Table of Organization is included in Attachment A, Exhibit 5:
• Add 1.0 Principal Utilities Program Manager to the Utilities Department • Add 1.0 Project Manager, 1.0 Building Planning Technician, and 0.48 FTE Staff Specialist (CM R 14355) for a total of 2.48 FTE to the Public Works Department
MUNICIPAL FEE SCHEDULE
On May 11, 2022, the Finance Committee reviewed the FY 2023 Proposed Municipal Fee Schedule and recommended approval as outlined in CMR 14111 and further amended by the At Places memorandum released on May 24, 2022 (CM R 14459). Attachment A, Exhibit 6 provides a summary of all recommended changes as r eviewed by the City Council on May 11, 2022. The upcoming Planning and Development Services (PDS) fee study has been rescheduled following the summer. All previously unchanged fees PDS fees will be updated to reflect the general rate of increase of 4.6 per cent for FY 2023 and further re -evaluated for changes following completion of the fee study.
FISCAL YEAR 2023 RATE CHANGES
An overview of the rate changes was reviewed and approved by the Utilities Advisory Commission (UAC) and Finance Committee in April 2022. These rate changes are included in the FY 2023 budget assumptions. This section references those changes for informational purposes only; a separate report recommending final rate changes will be considered by the City Council on June 13, 2022 (CMR 13661).
• 5% rate change for Electric (recommended by UAC and Finance Committee); • 4.2% CPI increase for Fiber (recommended by UAC and Finance Committee); • 4.0% rate increase for Gas (recommended by UAC and Finance Committee); • 0.0% rate change for Refuse;
• 4.2% CPI increase for Stormwater (recommended by UAC and Finance Committee); • 3.0% rate change for Wastewater (recommended by UAC and Finance Committee); and • 8.9% rate change for Water (recommended by UAC and Finance Committee)
These rate adjustments reflect the upward pressure on rates as consumption remains below long-term trends as a result of the COVID-19 pandemic. The size and timing of rate adjustments are impacted by current and future revenue requirements to purchase commodities, provide customer service, plan for and invest in capital infrastructure, and maintain adequate reserve levels.
The Finance Committee tentatively approved the rate changes listed above including the 5.0 percent increase for Electric rates due to escalating transmission costs and substantial additions to capital investment in the City’s aging electric distrib ution system in preparation for 28 Packet Pg. 568
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sustainability electrification; the 4.2 percent CPI increase for Fiber customers on the EDF-1 rate in accordance with the original dark fiber leasing agreement; 4.2 percent CPI increase for Stormwater, consistent with the 20 17 Storm Water Management Fee ballot measure, to keep fund revenues consistent with inflationary cost increases and to provide sufficient funds for planned Stormwater Management capital and operating expenditures; the 4.0 percent increase for Gas to cover the substantial increases in Capital costs and to support regular main replacement; the 3.0 percent increase for Wastewater Collection due to increasing Capital costs in Wastewater Collection and Regional Water Quality Control Plant; and the 8.9 percent increase for Water, which consists of a 4.0 percent distribution increase and a 4.9 percent commodity cost pass -through increase from the San Francisco Public Utilities Commission (SFPUC). Additional information regarding the Water utility rate change and co rresponding actions is available in the May 24, 2022 Finance Committee staff report 14455.
REVIEW OF REFERRAL ITEMS FROM THE FINANCE COMMITTEE
During the Budget Hearings, certain items were approved that require a longer timeline to return to the City Council and are recommended to be placed in the “long -term parking l ot.” The list below is reflective of the final referral items from the Budget Hearings that the City Council has directed staff to follow-up with additional work throughout FY 2023. These referrals will need to be prioritized in the context of diminished r esources and adverse impacts on service delivery necessitated by continuing constraints that remain as the City begins to move beyond the COVID-19 pandemic.
1. Pension Funding Policy
2. Non-Profit Audit and Future Non-Profit Funding Requests
RESOURCE IMPACT
This report summarizes and seeks City Council approval of the FY 2023 Operating and Capital Budgets, the supporting fee schedules, and table of organization in order to support the projections and appropriations included.
The approval of the City Manager’s FY 2023 Capital and Operating Budget, as recommended to be amended in this report, would result in a projected General Fund Budget Stabilization Reserve of $45.4 million, which is below the City Council recommended level of 18.5 percent by $385,000, at 18 .3 percent. The projected changes to the fund balance for all other funds including Enterprise Funds, Internal Services Funds, Special Revenue Funds, and Capital Funds are outlined in Attachment A and accompanying exhibits and impacts to fund balance summarized as follows:
Resource Impact (Non-General Funds with Fund Balance Change) Fund Type Fund Name
Fund Balance
Change
Capital Capital Improvement Fund -$6.1M
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Cubberley Infrastructure Fund +$0.6M
Enterprise Airport Fund -$0.6M
Electric Fund -$7.2M
Fiber Optic Fund -$0.1M
Gas Fund -$2.3M
Refuse Fund -$13k
Stormwater Management Fund -$0.7M
Wastewater Collection Fund -$0.9M
Wastewater Treatment Fund -$6.7M
Water Fund -$6.3M
Internal Service Printing and Mailing Fund -$2k
Technology Fund -$57k
Vehicle Replacement Fund -$1.5M
Workers’ Compensation Fund -$2k
Special Revenue California Avenue Parking Permit Fund -$1k Community Development Block Grant Fund -$200
Housing In-Lieu Commercial Fund -$300
Housing In-Lieu Residential Fund -$300
Parks Impact Fee Fund +$19k
Public Art Fund +$12k
Residential Preferential Parking Permits Fund -$2k
University Avenue Parking Permit Fund +$0.3M
STAKEHOLDER ENGAGEMENT
Fiscal Sustainability Community Conversation Feedback
Starting February 15, 2022, the City shared public information as well as solicited online and mailed feedback regarding the City’s fiscal sustainability efforts. Community members could rank their priorities for community services, provide suggestions for addit ional service priorities, and pose questions about the City’s fiscal sustainability efforts and revenue measures. There were 433 responses as of May 17, 2022 (242 online survey responses and 191 mailed survey responses). The most highly ranked priorities f or the survey respondents were :
Maintaining basic services; Repairing streets/roads; Investing in community owned assets; Adding public safety services such as police, fire, and emergency medical; and Funding affordable housing and homeless services. This communication has continued to provide updates on the City budget and ballot measure development efforts.
ENVIRONMENTAL REVIEW
This is not a project under Section 21065 for purposes of the California Environmental Quality Act (CEQA).
Attachments:
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• Attachment A - FY 2023 Budget Adoption Ordinance
• Attachment A, Exhibit 1 - City Manager's Fiscal Year 2023 Proposed Operating & Capital Budgets & Municipal Fee
• Attachment A, Exhibit 2 and 3 - Amendments to the City Manager's Fiscal Year 2023 Proposed Operating and Capital Budgets
• Attachment A, Exhibit 4 - Central Adjustments in Various Funds • Attachment A, Exhibit 5 - Table of Organization
• Attachment A, Exhibit 6 - Fiscal Year 2023 Municipal Fee Changes Attachments:
• Attachment28.a: Attachment A: Fiscal Year 2023 Budget Adoption Ordinance • Attachment28.b: Attachment A, Exhibit 1: City Manager's Fiscal Year 2023 Proposed Operating & Capital Budgets & Municipal Fee
• Attachment28.c: Attachment A, Exhibit 2 and 3: Operating and Capital Adjustments • Attachment28.d: Attachment A, Exhibit 4: Central Adjustments in Various Funds • Attachment28.e: Attachment A, Exhibit 5: Table of Organization • Attachment28.f: Attachment A, Exhibit 6: Fiscal Year 2023 Municipal Fee Changes • Attachment28.g: Attachment B: Sustainability and Climate Action Plan (S/CAP) Update
• Attachment28.h: Attachment C: June 30 2021 OPEB Valuation (CMR 14112) • Attachment28.i: Attachment D - YCI 2017-2019 Impact Report 28 Packet Pg. 571
ATTACHMENT A
1 ORDINANCE NO. XXXX
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING THE BUDGET FOR FISCAL YEAR 2023
SECTION 1. The Council of the City of Palo Alto finds and determines as follows:
A. Pursuant to the provisions of Section 6(g) of Article IV of the Charter of the City of Palo Alto and Chapter 2.28 of the Palo Alto Municipal Code, the City Manager has prepared and submitted to the City Council, by letter of transmittal, a budget proposal for Fiscal Year 2023; and
B. Pursuant to the provisions of Section 12 of Article III of the Charter, the Council did, on June 20, 2022, hold public hearings on the budget after publication of notice in accordance with Section 2.28.070 of the Palo Alto Municipal Code; and
C. In accordance with the provisions of Chapter 8 of Division 1, of Title 7, commencing with Section 66016 of the Government Code, as appl icable, the Council did on June 20, 2022, hold a public hearing on the proposed amendments to the Municipal Fee Schedule, after publication of notice and after availability of the data supporting the amendments was made available to the public at least 10 days prior to the hearing.
SECTION 2. Pursuant to Chapter 2.28 of the Palo Alto Municipal Code, the following documents, collectively referred to as “the budget” are hereby approved and adopted for Fiscal Year 2023:
(a) The budget document (Exhibit “1”) containing the proposed operating and capital budgets submitted on May 2 , 2022, by the City Manager for Fiscal Year 2022 , entitled “City of Palo Alto - City Manager’s Fiscal Year 2023 Proposed Budget” covering General Government Funds, Enterprise Funds , Special Revenue Funds, and Internal Service Funds, a copy of which is on file in the Department of Administrative Services, to which copy reference is hereby made concerning the full particulars thereof, and by such reference is made a part hereof; and
(b) The Amendments to the City Manager’s Fiscal Year 2023 Proposed Budget, attached hereto as Exhibit “2”, Exhibit “3”, and Exhibit “4” and made a part hereof; and
(c) Changes and revised pages in the Table of Organization, as displayed on pages 339 through 356 in “Exhibit 1,” and amended in Exhibit “5” made a part hereof; and
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ATTACHMENT A
2 (d) Fee changes of the Municipal Fee Schedule attached hereto as Exhibit “6”.
SECTION 3. The sums set forth in the budget for the various departments of the City, as herein amended, are hereby appropriated to the uses and purposes set forth therein.
SECTION 4. All expenditures made on behalf of the City, directly or through any agency, except those required by state law, shall be made in accordance with the authorization contained in this ordinance and the budget as herein amended.
SECTION 5. Appropriations for the Fiscal Y ear 2022 that are encumbered by approved purchase orders and contracts for which goods or services have not been received or contract completed, and/or for which all payments have not been made, by the last day of the Fiscal Year 2022 shall be carried forward and added to the fund or department appropriations for Fiscal Year 2023.
SECTION 6. The City Manager is authorized and directed to make changes in the department and fund totals and summary pages of the budget necessary to reflect the amendments enumerated and aggregated in the budget as shown in Exhibit “2”, Exhibit “3”, and Exhibit “4” and the Fiscal Year 2022 appropriations carried forward as provided in Section 5.
SECTION 7. As specified in Section 2.04.320 of the Palo Alto Municipal Code, a majority vote of the City Council is required to adopt this ordinance.
SECTION 8. As specified in Section 2.28.140(b) of the Palo Alto Municipal Code, the Council of the City of Palo Alto hereby delegates the authority to invest the City’s funds to the Director of Administrative Services, as Treasurer, in accordance with the City’s Investment Policy for Fiscal Year 2023.
S
ECTION 9. The Council of the City of Palo Alto adopts the changes to the Municipal Fee Schedule as set forth in Exhibit “6”. The amount of the new or increased fees and charges is no more than necessary to cover the reasonable costs of the governmental activity, and the manner in which those costs are allocated to a payer bears a fair and reasonable relationship to the payer’s burden on, or benefits received from, the governmental activity. All new and increased fees shall go into effect immediately; provided that pursuant to Government Code Section 66017, all Planning & Community Environment Department fees relating to a “development project” as defined in Government Code Section 66000 shall become effective sixty (60) days from the date of adoption.
SECTION 10. Fees in the Municipal Fee Schedule are for government services provided directly to the payor that are not provided to those not charged. The amount of this fee does not
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ATTACHMENT A
3 exceed the reasonable costs to the City of providing the services. Consequently, pursuant to Art.
XIII C, Section 1(e)(2), such fees are not a tax.
SECTION 11 . As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption.
SECTION 12. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impac t assessment is necessary.
INTRODUCED AND PASSED: Enter Date Here
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
_________________________ ___________________________ City Clerk Mayor
APPROVED AS TO FORM:
APPROVED:
City Attorney
City Manager
Director of Administrative Services
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Fiscal Year 2023 City Manager’s
Proposed Operating & Capital Budgets and Municipal Fees
These documents were originally distributed on May 2, 2022. Printed copies are available upon request for $40 per book (FY 2023 fee).
These documents may be viewed at any City of Palo Alto Library or the City’s website: www.cityofpaloalto.org/Departments/Administrative-Services/City- Budget
Changes to the Municipal Fee Schedule were distributed in Finance Committee Packet on May 11, 2022. The City Manager’s Staff Report (#14111) can be viewed on the City’s website:
https://www.cityofpaloalto.org/files/assets/public/administrative-services/city- budgets/fy2023-city-budget/budget-hearing-related/fy-2023-proposed- municipal-fee-schedule-staff-report.pdf
In addition, various at places memorandum and presentations were presented throughout the Finance Committee Hearings in May 2022 to provide additional information. These documents can be found on the City’s budget website under “FY 2023 Budget Process”: www.cityofpaloalto.org/Departments/Administrative- Services/City-Budget
ATTACHMENT A, EXHIBIT 1
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
GENERAL FUND (102 & 103)
Administrative
Services
Barron Park Alley (Cypress Lane)
Consistent with Finance Committee direction at the May 24 meeting, this action provides staffing and consultancy resources as to confirm ownership of Cypress Lane. Staff will return to the City Council with these results and necessary actions to continue exploration of City ownership.
‐$ 18,000$
City Manager's Office National Citizens Survey (NCS)
Consistent with Finance Committee direction at the May 24 meeting, this action increases funding by $30,000 to conduct the NCS on an annual instead of bi‐annual basis. Funding is currently budgeted for NCS in FY 2023 as this was a year scheduled for the survey. Ongoing annual funding will be included beginning in FY 2024.
‐$ ‐ $
Community Services Youth Community Services (YCS) Youth Connectedness Initiative (YCI)
Consistent with Finance Committee direction at the May 24 meeting, this action provides $50,000 in one‐time funding to YCI in FY
2023 and provides $50,000 in additional funding to the
HSRAP in FY 2024 on an ongoing basis.
‐$ 50,000$
Community Services United Nations Association Film Festival (UNAFF) Consistent with Finance Committee direction at the May 24 meeting, this action provide $20,000 in one‐time funding to provide support to the UNAFF in FY 2023.
‐$ 20,000$
Non‐Departmental Supplemental Pension Trust Fund Contributions Consistent with Finance Committee direction at the May 24 meeting, this action increases supplemental pension funding from the previously approved discount rate (DR) of 6.2% to 5.3% to be phased in over two years. FY 2023 is a transitional year in which half of the difference is budgeted, which is approximately equivalent to a 5.8 DR. To execute this direction, this action allocates funding proportionately to departments that will materialize as a personnel benefit expense totaling $2.2 million (General Fund $1.3 million, other funds $0.9 million). General Fund expenses are offset by the distribution of the $1.3 million reserve established in the FY 2023 Proposed Budget. A detailed list of impacts by department and fund can be found in
Attachment A, Exhibit 4. This action passes through the General Benefits Fund, which centrally collects revenue and transmits corresponding funding to the Section 115 Pension Trust Fund. ‐$ (1,300,000)$
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
GENERAL FUND (102 & 103)
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Non‐Departmental Transfer from the General Fund to the Public Art Fund Consistent with staff recommendation at the May 24 meeting, this action increases the transfer from the General Fund to the Public Art Fund by $14,000 beginning in FY 2023 to comply with requirements that limit the Public Art Fund administrative costs that are funded through fees to 20% of the fund's annual expense budget (Ordinance 5226).
‐$ 14,000$
Public Works Tree Ordinance Update and Additional Positions Consistent with City Council approval at the June 6, 2022 meeting (CMR 14355), this action adss 1.0 Project Manager, 1.0
Building/Planning Technician, and 0.48 part‐time Staff Specialist to make clarifying changes and amend Titles 2, 9, and 18 to expand tree portection to include protected tree species and revise grounds for tree removal.
332,580$
Various Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (87,196)$
Various Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 1,300,000$
Various Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (326,159)$
Fund Balance Adjustment to Fund Balance (Budget Stabilization Reserve) This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (21,226)$
GENERAL FUND (102 & 103) SUBTOTAL ‐$ ‐ $
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Packet Pg. 577
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
CAPITAL IMPROVEMENT FUNDS
CAPITAL IMPROVEMENT FUND (471)
Capital Capital Improvement Project Amendments to Proposed Reappropriations
This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. Projects with other recommended adjustments, as directed by Finance Committe on May 24, are detailed below. All recommended changes
to proposed capital
projects are outlined in Attachment A, Exhibit 3.
(18,800)$ 6,017,046$
Capital Performing Arts Venues Seat Replacement (AC‐18000) Consistent with Finance Committee direction at the May 24 meeting, this action programs $50,000 for design work at the Lucie Stern Theater. An additional $650,000 has been
programmed into FY 2024 as part of the 2023‐2027 CIP for the construction need at the Lucie Stern Theater.
‐$ 50,000$
Capital Ramos Park Improvements (PG‐14000)
Consistent with Finance Committee direction at the May 24 meeting, this action programs $300,000 to fund the award of the Ramos Park Project. The funding will be reimbursed from the Capital Improvement Fund Administration Project (AS‐10000). ‐$ 300,000$
Capital Capital Improvement Fund Administration (AS‐10000) Consistent with Finance Committee direction at the May 24 meeting, this action reiumburses the programming of $300,000 for the Ramos Park Improvements Project (PG‐14000).
‐$ (300,000)$
Capital Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 67,790$
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
CAPITAL IMPROVEMENT FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Capital Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (22,821)$
Fund Balance Adjustment to Fund Balance (Infrastructure Reserve) This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (6,130,815)$
CAPITAL IMPROVEMENT FUND (471) SUBTOTAL (18,800)$ (18,800)$
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
CAPITAL IMPROVEMENT FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
CUBBERLEY INFRASTRUCTURE FUND (472)
Capital Capital Improvement Project Amendments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ (572,400)$
Capital Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 5,089$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ 567,311$
CUBBERLEY INFRASTRUCTURE FUND (472) SUBTOTAL ‐$ ‐ $
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Packet Pg. 580
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
AIRPORT FUND (530)
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 533,000$
Public Works Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 9,092$
Public Works Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 9,962$
Public Works Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide ‐$ (463)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (551,592)$
AIRPORT FUND (530) SUBTOTAL ‐$ ‐ $
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
UTILITIES ADMINISTRATION FUND (521)
Utilities Supplemental Pension Funding
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For ‐$ 39,654$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 6,467$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (46,121)$
UTILITIES ADMINISTRATION FUND (521) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
ELECTRIC FUND (513 & 523)
Capital Capital Improvement Project Adjustments to Proposed Reappropriations
This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. Projects with other recommended adjustments, as directed by Finance Committe on May 24, are detailed below. All recommended changes
to proposed capital
projects are outlined in Attachment A, Exhibit 3.
‐$ 6,879,000$
Capital Substation Physical Security
Consistent with Finance Committee direction at the May 24 meeting, this action programs an additional $2.2 million to the Substation Physical Security Project in FY 2023. The $2.2 million is included in the $6.9 million reappropriation amount listed above. ‐$ ‐ $
Utilities Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 248,691$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (57,542)$
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Utilities Staffing Update for Sustainability and Climate Action Plan Consistent with staff recommendation at the May 11 meeting, this action adds 1.0 Principal Utilities Program Manager, a new classification, to the Utilities Department. This will result in staffing increases of 0.60 FTE in the Electric Fund, 0.30 FTE in the Gas Fund, and 0.10 FTE in the Water Fund. The Principal Utilities Program Manager would be a new job classification which requires completion of appropriate review including any potential discussions with bargaining groups. HR approves this new Utilities classification in concept with expectation that more analysis will need to be conducted to evaluate impact to other S/CAP
assignments. Amounts estimated for funding levels are for financial planning purposes only and do not reflect the final negotiated terms of the proposed classification.
‐$ 153,924$
Utilities Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (182)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (7,223,891)$
ELECTRIC FUND (513 & 523) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
FIBER FUND (533)
Utilities Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 12,840$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (2,264)$
Utilities Fiber Revenue Alignment
Consistent with staff recommendation at the May 24 meeting, this action decreases Fiber revenues by $0.1 million in FY 2023 from $3.7 to $3.6 million in alignment with the anticipated revenues from Dark Fiber Licensing Services on the EDF‐1 Rate Schedule increase based on the annual Consumer Price Index (CPI) of 4.2%.
Commercial fiber optic fees charged under the EDF‐1 Rate Schedule are adjusted annually in accordance with the CPI, which is published by the United States Bureau of Labor Statistics. This adjustment also includes a technical correction to remove revenue from industrial fiber customers, as there are no longer customers in this category.
(95,919)$ ‐ $
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (106,495)$
FIBER FUND (533) SUBTOTAL (95,919)$ (95,919)$
28.c
Packet Pg. 585
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
GAS FUND (514 & 524)
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 2,073,694$
Utilities Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 95,473$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (40,688)$
Utilities Electric Operations Technologist Staff Correction This action is a technical correction to adjust the transaction reclassifying the SCADA Technologist in the FY 2023 Proposed Operating Budget. It does not result in any increase or reduction of expenses nor FTE when combined with the transaction included in FY 2023 Proposed.
‐$ 89,648$
28.c
Packet Pg. 586
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Utilities Staffing Update for Sustainability and Climate Action Plan Consistent with staff recommendation at the May 11 meeting, this action adds 1.0 Principal Utilities Program Manager, a new classification, to the Utilities Department. This will result in staffing increases of 0.60 FTE in the Electric Fund, 0.30 FTE in the Gas Fund, and 0.10 FTE in the Water Fund. The Principal Utilities Program Manager would be a new job classification which requires completion of appropriate review including any potential discussions with bargaining groups. HR approves this new Utilities classification in concept with expectation that more analysis will need to be conducted to evaluate impact to other S/CAP
assignments. Amounts estimated for funding levels are for financial planning purposes only and do not reflect the final negotiated terms of the proposed classification.
‐$ 76,962$
Utilities Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (17)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (2,295,072)$
GAS FUND (514 & 524) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 587
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
REFUSE FUND (525)
Public Works Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 26,646$
Public Works Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (13,080)$
Public Works Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (178)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (13,388)$
REFUSE FUND (525) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 588
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
STORMWATER MANAGEMENT FUND (528)
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. Projects with other recommended adjustments are detailed below. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 685,800$
Public Works Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (256)$
Public Works Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (8,925)$
Public Works Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 25,203$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (701,822)$
STORMWATER MANAGEMENT FUND (528) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 589
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
WASTEWATER COLLECTION FUND (527)
Utilities Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 47,359$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (12,075)$
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 879,688$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (914,972)$
WASTEWATER COLLECTION FUND (527) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 590
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
WASTEWATER TREATMENT FUND (526)
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 6,587,500$
Public Works Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (58,533)$
Public Works Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 125,246$
Public Works Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (926)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (6,653,288)$
WASTEWATER TREATMENT FUND (526) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 591
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
WATER FUND (522)
Capital Capital Improvement Project Adjustments to Proposed This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 3,127,750$
Utilities Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 87,028$
Utilities Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (42,438)$
Utilities Electric Operations Technologist Staff Correction This action is a technical correction to adjust the transaction reclassifying the SCADA Technologist in the FY 2023 Proposed Operating Budget. It does not result in any increase or reduction of expenses nor FTE when combined with the transaction included in FY 2023 Proposed.
‐$ (89,648)$
28.c
Packet Pg. 592
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
ENTERPRISE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Utilities Utilities Water Rate and Corresponding Adjustments Consistent with staff recommendation at the May 24 meeting, this action reflects a Water rate increase of 8.9% in FY 2023 and corresponding adjustments. On May 10, 2022 the San Francisco Public Utilities Commission (SFPUC) approved a wholesale water commodity rate increase of 15.9%, which will be passed through to Palo Alto water utility customers. This results in an 8.9% systemwide average rate increase for water, comprised of the 4% distribution rate increase plus a water commodity pass‐through rate increase. The Water Utility’s reserves will be used to smooth rate increases over several years. To align with the commodity rate increase, water revenues and corresponding charges will decrease by $1.7 million from the FY 2023 Proposed amount of $49.6 to $47.9 million, which results in an approximately $87,000 expense reduction in the General Fund, $90,000 across all funds. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. Water commodity purchase expense levels will increase by $1.5 million from the FY 2023 Proposed amount of $21.8 to $23.3 million to reflect the wholesale rate increase.
(1,677,205)$ 1,501,340$
Utilities Staffing Update for Sustainability and Climate Action Plan Consistent with staff recommendation at the May 11 meeting, this action adds 1.0 Principal Utilities Program Manager, a new classification, to the Utilities Department. This will result in staffing increases of 0.60 FTE in the Electric Fund, 0.30 FTE in the Gas Fund, and 0.10 FTE in the Water Fund. The Principal Utilities Program Manager would be a new job classification which requires completion of appropriate review including any potential discussions with bargaining groups. HR approves this new Utilities classification in concept with expectation that more analysis will need to be conducted to evaluate impact to other S/CAP
assignments. Amounts estimated for funding levels are for financial planning purposes only and do not reflect the final negotiated terms of the proposed classification.
‐$ 25,654$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (6,286,892)$
WATER FUND (522) SUBTOTAL (1,677,205)$ (1,677,205)$
28.c
Packet Pg. 593
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CALIFORNIA AVENUE PARKING PERMITS FUND (237)
Non‐
Departmental
Utilities Water Rate and Corresponding Adjustments
Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (59)$
Non‐
Departmental
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (869)$
Non‐
Departmental
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 1,902$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ (974)$
CALIFORNIA AVENUE PARKING PERMITS FUND (237) SUBTOTAL ‐$ ‐ $ CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
28.c
Packet Pg. 594
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND (232)
Planning &
Development
Services
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 209$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ (209)$
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND (232) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 595
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
HOUSING IN‐LIEU RESIDENTIAL FUND (233)
Planning &
Development
Services
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 313$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ (313)$
HOUSING IN‐LIEU RESIDENTIAL FUND (233) SUBTOTAL ‐$ ‐ $ HOUSING IN‐LIEU COMMERCIAL FUND (234)
Planning &
Development
Services
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 313$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ (313)$
HOUSING IN‐LIEU COMMERCIAL FUND (234) SUBTOTAL ‐$ ‐ $ PARKS IMPACT FEE FUND (210)
Community
Services
Transfer to the Capital Improvement Fund
This action reduces the transfer to the Capital Improvement Fund in FY 2023 by $5,500 for the Dog Park Installation and Renovation project (PG‐18001) and $13,300 for the Park Restroom
Installation project (PG‐19000). The transfer will occur in FY 2022 to align with project expenditures.
‐$ (18,800)$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ 18,800$
PARKS IMPACT FEE FUND (210) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 596
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
PUBLIC ART FUND (207)
Community
Services
Transfer from the General Fund to the Public Art Fund
Consistent with staff recommendation at the May 24 meeting, this action increases the transfer from the General Fund to the Public Art Fund by $14,000 beginning in FY 2023 to comply with requirements that limit the Public Art Fund administrative costs that are funded through fees to 20% of the fund's annual expense budget (Ordinance 5226).
14,000$ ‐ $
Community
Services
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 2,028$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ 11,972$
PUBLIC ART FUND (207) SUBTOTAL 14,000$ 14,000$
28.c
Packet Pg. 597
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
RESIDENTIAL PREFERENTIAL PARKING PERMITS FUND (239)
Non‐
Departmental
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 3,778$
Non‐
Departmental
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (1,514)$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
(2,264)$
RESIDENTIAL PREFERENTIAL PARKING PERMITS FUND (239) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 598
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
SPECIAL REVENUE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
UNIVERSITY AVENUE PARKING PERMITS FUND (236)
Office Of
Transportation
University Avenue Valet Parking
Consistent with Finance Committee recommendation at the May 11 meeting, this action eliminates funding for the Parking Attendant (Valet) Program in FY 2023 in recognition of lower demand for parking permits and increased capacity in lots and garages.
‐$ (289,972)$
Non‐
Departmental
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (3,650)$
Non‐
Departmental
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 Supplemental Pension Trust Fund Contributions action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4. ‐$ 6,994$
Non‐
Departmental
Utilities Water Rate and Corresponding Adjustments
Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (345)$
Fund Balance Ending Fund Balance
This action adjusts the fund balance to offset the actions recommended in this report.
‐$ 286,972$
UNIVERSITY AVENUE PARKING PERMITS FUND (236) SUBTOTAL ‐$ ‐ $
28.c
Packet Pg. 599
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
INTERNAL SERVICE FUNDS
GENERAL BENFITS FUND (687)
Non‐
Departmental
Supplemental Pension Trust Fund Contributions
Consistent with Finance Committee direction at the May 24 meeting, this action increases supplemental pension funding from the previously approved discount rate (DR) of 6.2% to 5.3% to be phased in over two years. FY 2023 is a transitional year in which half of the difference is budgeted, which is approximately equivalent to a 5.8 DR. To execute this direction, this action allocates funding proportionately to departments that will materialize as a personnel benefit expense totaling $2.2 million (General Fund $1.3 million, other funds $0.9 million). General Fund expenses are offset by the distribution of the $1.3 million reserve established in the FY 2023 Proposed Budget. A detailed list of impacts by department and fund can be found in
Attachment A, Exhibit 4. This action passes through the General Benefits Fund, which centrally collects revenue and transmits corresponding funding to the Section 115 Pension Trust Fund. 2,202,631$ 2,202,631$
Non‐
Departmental
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
199,000$ 199,000$
Non‐
Departmental
Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ ‐ $
GENERAL BENFITS FUND (687) SUBTOTAL 2,401,631$ 2,401,631$ RETIREE HEALTH BENEFITS FUND (694)
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
28.c
Packet Pg. 600
ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
INTERNAL SERVICE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
Non‐
Departmental
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). As part of this report, the Finance Committee recommended the full funding of the Actuarial Determined Contribution (ADC) for FY 2023 and FY 2024 and affirmed the continued practice of transmitting amounts at a 5.75 percent discount rate as an additional discretionary payment to the City’s California Employers’ Retiree Benefit Trust (CERBT) Fund. This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. This constitutes a $0.6 million reduction from FY 2023 Proposed funding levels of $16.9 million. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
(598,000)$ (598,000)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ ‐ $
RETIREE HEALTH BENEFITS FUND (694) SUBTOTAL (598,000)$ (598,000)$ PRINTING & MAILING FUND (683)
Administrative
Services
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 1,726$
Administrative
Services
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (175)$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (1,551)$
PRINTING & MAILING FUND (683) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
INTERNAL SERVICE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
TECHNOLOGY FUND (682)
Information
Technology
Utilities Water Rate and Corresponding Adjustments
Consistent with staff recommendation at the May 24 meeting, this action aligns Water Fund revenue and expenses and citywide Allocated Charge expenses to a Water rate increase of 8.9%. For more information, see the Water Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (402)$
Information
Technology
Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (13,994)$
Information
Technology
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 70,897$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (56,502)$
TECHNOLOGY FUND (682) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
INTERNAL SERVICE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
VEHICLE REPLACEMENT FUND (681)
Capital Capital Improvement Project Reappropriations
This action reflects the impact from adjustments to capital projects as a result of funds recommended to be reappropriated from FY 2022 to FY 2023. All recommended changes to proposed capital projects are outlined in Attachment A, Exhibit 3. ‐$ 1,443,000$
Public Works Other Post‐Employment Benefits (OPEB) Actuarial Valuation On June 7, 2022, the Finance Committee approved the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan (CMR 14502). This action results in a new FY 2023 funding level of $16.3 million, which is comprised of the ADC of $15.9 million and $0.4 million for newly proposed staff in FY 2023. For more information see the Retiree Health Benefits Fund section of Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ (9,705)$
Public Works Supplemental Pension Trust Fund Contributions This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 22,182$
Fund Balance Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (1,455,477)$
VEHICLE REPLACEMENT FUND (681) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 2
Department Adjustment Adjustment
INTERNAL SERVICE FUNDS
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED BUDGET Revenues Expenses
WORKER'S COMPENSATION FUND (688)
Non‐
Departmental
Supplemental Pension Trust Fund Contributions
This action executes the FY 2023 supplemental pension funding action (General Fund $1.3 million, other funds $0.9 million). For additional information see the General Fund section of
Attachment A, Exhibit 2. A detailed list of impacts by department and fund can be found in Attachment A, Exhibit 4.
‐$ 2,179$
Non‐
Departmental
Adjustment to Fund Balance
This action adjusts the fund balance to offset adjustments recommended in this report.
‐$ (2,179)$
WORKER'S COMPENSATION FUND (688) SUBTOTAL ‐$ ‐ $
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ATTACHMENT A, EXHIBIT 3
FY 2023 Appropriation: FY 2023 Revenue:
Project Project Proposed Capital FY 2023 Appropriation FY 2023 Revised Proposed Capital FY 2023 Revenue FY 2023 Revised Title Number Budget Document Adjustment Appropriation Budget Document Adjustment Revenue Americans With Disabilities Act Compliance PF ‐93009 $ 874,900 $ (100,000) $ 774,900 Animal Shelter Renovation PE ‐19002 $ 739,100 $ 252,000 $ 991,100 Art In Public Spaces AC ‐86017 $ 1,727,600 $ 277,200 $ 2,004,800 Athletic Courts Resurfacing PG ‐06001 $ 238,700 $ 75,800 $ 314,500 Baylands Comprehensive Conservation Plan PG ‐17000 $ 7,100 $ 7,100 Cameron Park Improvements PG ‐14002 $ 101,500 $ 101,500 Capital Improvement Fund Administration AS ‐10000 $ 1,010,700 $ (300,000) $ 710,700 City Bridge Improvements PE ‐20001 $ 483,000 $ 20,000 $ 503,000 City Hall Space Planning PE ‐19000 $ 416,400 $ 200,000 $ 616,400 Civic Center Fire Life Safety Upgrades PE ‐18016 $ 178,900 $ 44,000 $ 222,900 Civic Center Waterproofing Study and Repairs PE ‐15020 $ 304,200 $ 27,000 $ 331,200 Curb and Gutter Repairs PO ‐12001 $ 111,000 $ 11,600 $ 122,600 Dog Park Installation and Renovation PG ‐18001 $ 166,500 $ (5,500) $ 161,000 $ 150,000 $ (5,500) $ 144,500 Extrication Tool Replacement FD ‐22000 $ 118,187 $ 118,187 Facility Interior Finishes Replacement PF ‐02022 $ 510,400 $ (5,900) $ 504,500 $ ‐ $ ‐ Fire Station 4 Replacement PE ‐18004 $ 195,000 $ 195,000 Golf Reconfiguration & Baylands Athletic Center
Improvements
PG‐13003 $ 200,000 $ 200,000 JMZ Renovation AC ‐18001 $ 1,279,200 $ 1,279,200 Library Automated Material Handling LB ‐21000 $ 821,600 $ 25,093 $ 846,693 $ 540,000 $ 540,000 Magical Bridge Playground Rubber and Synthetic Turf
Resurfacing
PE‐21003 $ 163,000 $ 163,000 Municipal Service Center A, B, & C Roof Replacement PF ‐17000 $ 131,000 $ 131,000 Municipal Service Center Lighting, Mechanical, and Electrical Improvements
PF‐16006 $ 6,346,700 $ 150,000 $ 6,496,700 $ 1,539,000 $ 1,539,000 New California Avenue Area Parking Garage PE ‐18000 $ 351,400 $ 493,000 $ 844,400 Newell Road/San Francisquito Creek Bridge Replacement PE ‐12011 $ 12,397,500 $ 1,000,000 $ 13,397,500 $ 12,500,000 $ 12,500,000 Off‐Road Pathway Resurfacing And Repair OS ‐09001 $ 111,000 $ 57,000 $ 168,000 Open Space Trails and Amenities OS ‐00001 $ 194,300 $ 13,000 $ 207,300 Park and Open Space Emergency Repairs PG ‐09002 $ 222,100 $ 83,300 $ 305,400 Park Restroom Installation PG ‐19000 $ 377,100 $ (13,300) $ 363,800 $ 350,000 $ (13,300) $ 336,700 Parking Management and System Implementation PL ‐16002 $ 110,000 $ 110,000 Performing Arts Venues Seat Replacement AC ‐18000 $ 50,000 $ 50,000 Railroad Grade Separation and Safety Improvements PL ‐17001 $ 3,468,200 $ 114,963 $ 3,583,163 $ 1,000,000 $ 1,000,000 Ramos Park Improvements PG ‐14000 $ 308,900 $ 308,900 Safe Routes To School PL ‐00026 $ 149,900 $ 700,000 $ 849,900 $ 100,000 $ 100,000 Sidewalk Repairs PO ‐89003 $ 1,387,900 $ 65,000 $ 1,452,900 Sign Reflectivity Upgrade PO ‐11000 $ 94,400 $ 12,000 $ 106,400 Street Maintenance PE ‐86070 $ 4,960,700 $ 314,000 $ 5,274,700 $ 3,545,200 $ 3,545,200 Thermoplastic Lane Marking and Striping PO ‐11001 $ 138,800 $ 28,000 $ 166,800 Transportation and Parking Improvements PL ‐12000 $ 971,500 $ 434,903 $ 1,406,403 $ 500,000 $ 500,000 Water, Gas, Wastewater Office Remodel PE ‐19001 $ 632,900 $ (570,000) $ 62,900 $ 570,000 $ 570,000 TOTAL CAPITAL IMPROVEMENT FUND PROJECT ADJUSTMENTS $ 39,387,400 $ 6,067,046 $ 45,454,446 $ 20,794,200 $ (18,800) $ 20,775,400 Cubberley Field Restroom CB ‐17002 $ 485,000 $ 23,000 $ 508,000 Cubberley Repairs CB ‐17001 $ 855,000 $ 227,000 $ 1,082,000 Cubberley Roof Replacements CB ‐16002 $ 2,925,000 $ (822,400) $ 2,102,600 $ 1,962,800 $ 1,962,800 $ 4,265,000 $ (572,400) $ 3,692,600 $ 1,962,800 $ ‐ $ 1,962,800 Airport Apron Reconstruction AP ‐16000 $ 532,000 $ 532,000 Airport Temporary Office Buildings AP ‐22001 $ 359,800 $ 1,000 $ 360,800 $ 359,800 $ 533,000 $ 892,800 $ ‐ $ ‐ $ ‐ Capacitor Bank Installation EL ‐16002 $ 146,000 $ 146,000 Coleridge/Cowper/Tennyson 4/12kV Conversion EL ‐14000 $ 1,250,000 $ 1,250,000 $ 2,500,000 Colorado Distribution Feeder Outlet Replacement EL ‐22002 $ 400,000 $ 400,000 Colorado Substation Site Improvements EL ‐19002 $ 340,000 $ 650,000 $ 990,000 East Meadow Circles 4/12kV Conversion EL ‐17001 $ 500,000 $ 240,000 $ 740,000 Electric Utility Geographic Information System EL ‐02011 $ 165,000 $ 160,000 $ 325,000 Foothills Rebuild (Fire Mitigation) EL ‐21001 $ 2,000,000 $ 1,500,000 $ 3,500,000 Inter‐substation Line Protection Relay EL ‐17005 $ 150,000 $ 150,000 $ 300,000 Rebuild Underground District 26 EL ‐16000 $ 350,000 $ 183,000 $ 533,000 Substation Physical Security EL ‐16003 $ 2,200,000 $ 2,200,000 $ 4,400,000 TOTAL ELECTRIC FUND PROJECT ADJUSTMENTS $ 6,955,000 $ 6,879,000 $ 13,834,000 $ ‐ $ ‐ $ ‐ Gas Main Replacement ‐ Project 23 GS ‐13001 $ 93,694 $ 93,694 Gas Main Replacement ‐ Project 24 GS ‐14003 $ 8,000,000 $ 1,980,000 $ 9,980,000 TOTAL GAS FUND PROJECT ADJUSTMENTS $ 8,000,000 $ 2,073,694 $ 10,073,694 $ ‐ $ ‐ $ ‐ Corporation Way System Upgrades and Pump Station SD ‐21000 $ 2,682,200 $ 500,000 $ 3,182,200 Storm Drainage System Replacement And Rehabilitation SD ‐06101 $ 1,421,100 $ (188,000) $ 1,233,100 Trash Capture Device Installation SD ‐22002 $ 532,000 $ 18,000 $ 550,000 $ 613,000 $ 613,000 West Bayshore Road Pump Station SD ‐20000 $ 784,000 $ 350,000 $ 1,134,000 West Bayshore Road Trunk Line Improvements SD ‐23000 $ 885,600 $ 5,800 $ 891,400 CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED CAPITAL IMPROVEMENT PROGRAM CAPITAL IMPROVEMENT FUND
CUBBERLEY INFRASTRUCTURE FUND
TOTAL CUBBERLEY INFRASTRUCTURE FUND PROJECT ADJUSTMENTS AIRPORT FUND
TOTAL AIRPORT FUND PROJECT ADJUSTMENTS
ELECTRIC FUND
GAS FUND
STORMWATER MANAGEMENT FUND
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ATTACHMENT A, EXHIBIT 3
FY 2023 Appropriation: FY 2023 Revenue:
Project Project Proposed Capital FY 2023 Appropriation FY 2023 Revised Proposed Capital FY 2023 Revenue FY 2023 Revised Title Number Budget Document Adjustment Appropriation Budget Document Adjustment Revenue CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 PROPOSED CAPITAL IMPROVEMENT PROGRAM $ 6,304,900 $ 685,800 $ 6,990,700 $ 613,000 $ ‐ $ 613,000 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2020
VR‐20000 $ 786,700 $ 627,000 $ 1,413,700 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2021
VR‐21000 $ 224,700 $ 47,000 $ 271,700 Scheduled Vehicle and Equipment Replacement ‐ Fiscal Year 2022
VR‐22000 $ 300,000 $ 769,000 $ 1,069,000 $ 1,311,400 $ 1,443,000 $ 2,754,400 $ ‐ $ ‐ $ ‐ Wastewater Collection System Rehabilitation/Augmentation Project 30
WC‐17001 $ 879,688 $ 879,688 $ ‐ $ 879,688 $ 879,688 $ ‐ $ ‐ $ ‐ Advanced Water Purification Facility WQ ‐19003 $ 16,866,500 $ 194,000 $ 17,060,500 $ 18,521,000 $ 18,521,000 Horizontal Levee Pilot WQ ‐22001 $ 169,400 $ 25,000 $ 194,400 Plant Repair, Retrofit, and Equipment Replacement WQ ‐19002 $ 4,093,000 $ 6,372,000 $ 10,465,000 Secondary Treatment Upgrades WQ ‐19001 $ 144,688,700 $ (3,500) $ 144,685,200 $ 148,799,600 $ 148,799,600 $ 165,817,600 $ 6,587,500 $ 172,405,100 $ 167,320,600 $ ‐ $ 167,320,600 Water General Equipment/Tools WS ‐13002 $ 50,000 $ 55,000 $ 105,000 Water Main Replacement ‐ Project 28 WS ‐14001 $ 2,000,000 $ 2,000,000 Water Main Replacement ‐ Project 29 WS ‐15002 $ 675,000 $ 124,600 $ 799,600 Water Meters WS ‐80015 $ 562,800 $ 400,000 $ 962,800 Water Regulation Station Improvements WS ‐07000 $ 60,000 $ 548,150 $ 608,150 $ 1,347,800 $ 3,127,750 $ 4,475,550 $ ‐ $ ‐ $ ‐ $ 233,748,900 $ 27,704,078 $ 261,452,978 $ 190,690,600 $ (18,800) $ 190,671,800 TOTAL STORMWATER MANAGEMENT FUND PROJECT ADJUSTMENTS
WATER FUND
TOTAL WATER FUND PROJECT ADJUSTMENTS
TOTAL ADJUSTMENTS ACROSS ALL FUNDS
VEHICLE REPLACEMENT FUND
TOTAL VEHICLE REPLACEMENT FUND PROJECT ADJUSTMENTS
WASTEWATER COLLECTION FUND
TOTAL WASTEWATER COLLECTION FUND PROJECT ADJUSTMENTS
WASTEWATER TREATMENT FUND
TOTAL WASTEWATER TREATMENT FUND PROJECT ADJUSTMENTS
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ATTACHMENT A, EXHIBIT 4
Fund
Department/
Fund Title Revenue Expense Comments
General Fund Community Services Utilities Water Rate and Corresponding Adjustments
$ - (80,669)$ Adjustment to a Water rate increase of
8.9%
General Fund Fire Utilities Water Rate and Corresponding Adjustments
$ - (659)$ Adjustment to a Water rate increase of
8.9%
General Fund Library Utilities Water Rate and Corresponding Adjustments
$ - (4,026)$ Adjustment to a Water rate increase of
8.9%
General Fund Public Works Utilities Water Rate and Corresponding Adjustments
$ - (1,842)$ Adjustment to a Water rate increase of
8.9%
$ - $ (87,196)
University Avenue Parking Permits 236 Utilities Water Rate and Corresponding Adjustments
$ - (345)$ Adjustment to a Water rate increase of
8.9%
California Avenue Parking Permits 237 Utilities Water Rate and Corresponding Adjustments
$ - (59)$ Adjustment to a Water rate increase of
8.9%
$ - $ (404)
Electric Supply Fund 513 & 523 Utilities Water Rate and Corresponding Adjustments
$ - (182)$ Adjustment to a Water rate increase of
8.9%
Gas Supply Fund 514 & 524 Utilities Water Rate and Corresponding Adjustments
$ - (17)$ Adjustment to a Water rate increase of
8.9%
Water Fund 522 Utilities Water Rate and Corresponding
Adjustments
(1,677,205)$ 1,501,340$ Adjustment to a Water rate increase of
8.9%
Refuse Fund 525 Utilities Water Rate and Corresponding
Adjustments
$ - (178)$ Adjustment to a Water rate increase of
8.9%
Wastewater Treatment Fund 526 Utilities Water Rate and Corresponding Adjustments
$ - (926)$ Adjustment to a Water rate increase of
8.9%
Stormwater Management Fund 528 Utilities Water Rate and Corresponding Adjustments
$ - (256)$ Adjustment to a Water rate increase of
8.9%
Airport Enterprise Fund 530 Utilities Water Rate and Corresponding Adjustments
$ - (463)$ Adjustment to a Water rate increase of
8.9%
$ (1,677,205) $ 1,499,318
Information Technology Fund 682 Utilities Water Rate and Corresponding Adjustments
$ - (402)$ Adjustment to a Water rate increase of
8.9%
$ - $ (402)
TOTAL ADJUSTMENT $ (1,677,205) $ 1,411,317
INTERNAL SERVICE FUNDS SUBTOTAL
ENTERPRISE FUNDS
ENTERPRISE FUNDS SUBTOTAL
INTERNAL SERVICE FUNDS
SPECIAL REVENUE SUBTOTAL
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 BUDGET
GENERAL FUND
GENERAL FUND SUBTOTAL
SPECIAL REVENUE FUNDS
Attachment A, Exhibit 4 page 1
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ATTACHMENT A, EXHIBIT 4
Fund
Department/
Fund Title Revenue Expense Comments
General Fund Administrative Services Supplemental Pension Contribution Adjustment $ - 73,205$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund City Attorney Supplemental Pension Contribution Adjustment $ - 29,729$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund City Clerk Supplemental Pension Contribution Adjustment $ - 8,613$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund City Council Supplemental Pension Contribution Adjustment $ - 1,380$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund City Manager Supplemental Pension Contribution Adjustment $ - 30,795$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Community Services Supplemental Pension Contribution Adjustment $ - 108,137$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Fire Supplemental Pension Contribution Adjustment $ - 343,397$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Human Resources Supplemental Pension Contribution Adjustment $ - 32,563$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Library Supplemental Pension Contribution Adjustment $ - 60,547$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Office Of Emergency Services Supplemental Pension Contribution Adjustment $ - 5,631$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Office Of Transportation Supplemental Pension Contribution Adjustment $ - 12,123$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Planning and Development Services Supplemental Pension Contribution Adjustment $ - $ 116,550 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Police Supplemental Pension Contribution Adjustment $ - 395,761$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
General Fund Public Works Supplemental Pension Contribution Adjustment $ - 81,570$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
$ - 1,300,000
Public Art Fund 207 Supplemental Pension Contribution Adjustment $ - $ 2,028 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Community Development Block Grant 232 Supplemental Pension Contribution Adjustment $ - $ 209 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Housing In-Lieu/Residential 233 Supplemental Pension Contribution Adjustment $ - $ 313 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Housing In-Lieu/Commercial 234 Supplemental Pension Contribution Adjustment $ - $ 313 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
University Avenue Parking Permits 236 Supplemental Pension Contribution Adjustment $ - $ 6,994 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
California Avenue Parking Permits 237 Supplemental Pension Contribution Adjustment $ - $ 1,902 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Residential Parking Permit Programs 239 Supplemental Pension Contribution Adjustment $ - $ 3,778 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
$ - $ 15,536
Capital Improvement Fund 471 Supplemental Pension Contribution Adjustment $ - $ 67,790 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Cubberley Property Infrastructure Fund 472 Supplemental Pension Contribution Adjustment $ - $ 5,089 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
$ - $ 72,879
CAPITAL FUNDS
CAPITAL FUNDS SUBTOTAL
ENTERPRISE FUNDS
SPECIAL REVENUE SUBTOTAL
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 BUDGET
GENERAL FUND SUBTOTAL
SPECIAL REVENUE FUNDS
GENERAL FUND
Attachment A, Exhibit 4 page 2
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ATTACHMENT A, EXHIBIT 4
Fund
Department/
Fund Title Revenue Expense Comments
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 BUDGET
GENERAL FUND
Electric Supply Fund 513 Supplemental Pension Contribution Adjustment $ - $ 21,123 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Gas Supply Fund 514 Supplemental Pension Contribution Adjustment $ - $ 5,657 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Utilities Administration Fund 521 Supplemental Pension Contribution Adjustment $ - $ 39,654 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Water Fund 522 Supplemental Pension Contribution Adjustment $ - $ 87,028 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Electric Fund 523 Supplemental Pension Contribution Adjustment $ - $ 227,568 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Gas Fund 524 Supplemental Pension Contribution Adjustment $ - $ 89,816 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Refuse Fund 525 Supplemental Pension Contribution Adjustment $ - $ 26,646 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Wastewater Treatment Fund 526 Supplemental Pension Contribution Adjustment $ - $ 125,246 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Wastewater Collection Fund 527 Supplemental Pension Contribution Adjustment $ - $ 47,359 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Stormwater Management Fund 528 Supplemental Pension Contribution Adjustment $ - $ 25,203 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Airport Enterprise Fund 530 Supplemental Pension Contribution Adjustment $ - $ 9,092 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Fiber Optics Fund 533 Supplemental Pension Contribution Adjustment $ - $ 12,840 Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
$ - $ 717,232
Vehicle Replacement & Maintenance Fund 681 Supplemental Pension Contribution Adjustment $ - 22,182$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Technology Fund 682 Supplemental Pension Contribution Adjustment $ - 70,897$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Printing & Mailing Services Fund 683 Supplemental Pension Contribution Adjustment $ - 1,726$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
Worker's Compensation Fund 688 Supplemental Pension Contribution Adjustment $ - 2,179$ Adjustment to increase pension contributions to the Section 115 Pension
Trust Fund
$ - $ 96,984
TOTAL ADJUSTMENT $ - $ 2,202,631
ENTERPRISE FUNDS SUBTOTAL
INTERNAL SERVICE FUNDS
INTERNAL SERVICE FUNDS SUBTOTAL
Attachment A, Exhibit 4 page 3
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ATTACHMENT A, EXHIBIT 4
Department/
Fund
General Fund Administrative Services Retiree Health Adjustment $ -
(16,454) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund City Attorney Retiree Health Adjustment
-$
(8,659) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund City Clerk Retiree Health Adjustment
-$
(3,411) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund City Council Retiree Health Adjustment
-$
(5,423) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund City Manager Retiree Health Adjustment
-$
10,480 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Community Services Retiree Health Adjustment -$
(41,265) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Fire Retiree Health Adjustment
-$
(96,876) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Human Resources Retiree Health Adjustment
-$
(4,466) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Library Retiree Health Adjustment
-$
6,704 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Office of Emergency Services Retiree Health Adjustment -$
(3,069) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Office of Transportation Retiree Health Adjustment -$
(4,930) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Planning and Development Services Retiree Health Adjustment -$
24,360 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Police Retiree Health Adjustment
-$
(133,843) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
General Fund Public Works Retiree Health Adjustment
-$
(49,306) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
$ - (326,158)
University Avenue Parking Permits 236 Retiree Health Adjustment $ -
(3,650) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
California Avenue Parking Permits 237 Retiree Health Adjustment $ -
(869) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Residential Parking Permit Programs 239 Retiree Health Adjustment $ -
(1,514) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
$ - (6,033)
Capital Improvement Fund 471 Retiree Health Adjustment
-$ (22,821)
Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
$ - (22,821)
Electric Supply Fund 513 Retiree Health Adjustment
-$
(2,115) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Gas Supply Fund 514 Retiree Health Adjustment
-$
489 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Utilities Administration Fund 521 Retiree Health Adjustment -$
6,467 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Water Fund 522 Retiree Health Adjustment
-$
(42,438) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Electric Fund 523 Retiree Health Adjustment
-$
(55,427) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Gas Fund 524 Retiree Health Adjustment
-$
(41,177) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Refuse Fund 525 Retiree Health Adjustment
-$
(13,080) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Wastewater Treatment 526 Retiree Health Adjustment
-$
(58,533) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Wastewater Collection 527 Retiree Health Adjustment
-$
(12,075) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Stormwater Management 528 Retiree Health Adjustment
-$
(8,925) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Airport Enterprise Fund 530 Retiree Health Adjustment
-$
9,962 Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Fiber Optics Fund 533 Retiree Health Adjustment
-$
(2,264) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
$ - (219,114)
Vehicle Replacement & Maintenance Fund 681 Retiree Health Adjustment -$
(9,705) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
SPECIAL REVENUE SUBTOTAL
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 BUDGET
GENERAL FUND SUBTOTAL
SPECIAL REVENUE FUNDS
Fund Title Revenue Expense Comments
GENERAL FUND
CAPITAL FUNDS
CAPITAL FUNDS SUBTOTAL
ENTERPRISE FUNDS
ENTERPRISE FUNDS SUBTOTAL
INTERNAL SERVICE FUNDS
Attachment A, Exhibit 4 page 4
28.d
Packet Pg. 610
ATTACHMENT A, EXHIBIT 4
CITY OF PALO ALTO
RECOMMENDED AMENDMENTS TO THE CITY MANAGER'S FY 2023 BUDGET Technology Fund 682 Retiree Health Adjustment
-$
(13,994) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
Printing & Mailing Services Fund 683 Retiree Health Adjustment -$
(175) Adjustments to align OPEB costs with the
June 30, 2021 Valuation (CMR 14502)
$ - (23,873)
TOTAL ADJUSTMENT $ - (598,000)
INTERNAL SERVICE FUNDS SUBTOTAL
Attachment A, Exhibit 4 page 5
28.d
Packet Pg. 611
TABLE OF
ORGANIZATION
Table of Organization
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
General Fund
Administrative Services
Account Specialist 4.63 4.63 4.13 4.13 — —%
Account Specialist-Lead 3.45 3.45 3.45 3.45 — —%
Accountant 3.00 3.00 2.00 2.00 — —%
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate II 1.00 1.00 0.50 0.50 — —%
Administrative Associate III 1.00 1.00 1.00 1.00 — —%
Assistant Director Administrative Services 1.65 1.65 1.65 1.65 — —% Buyer 1.00 1.00 2.00 2.00 — —%
Chief Procurement Officer 1.00 1.00 1.00 1.00 — —%
Contracts Administrator 2.70 2.70 1.70 2.70 1.00 58.8%
Director Administrative Services/CFO 0.80 0.80 0.80 0.80 — —% Director Office of Management and Budget 1.00 1.00 1.00 1.00 — —% Management Analyst 2.00 2.00 2.00 2.00 — —%
Manager Budget 2.00 2.00 2.00 2.00 — —%
Manager Real Property 1.00 1.00 1.00 1.00 — —%
Manager Revenue Collections 0.62 0.62 0.62 0.62 — —%
Manager Treasury, Debt & Investments 0.60 0.60 0.60 0.60 — —% Manager, Finance 1.00 1.00 1.00 1.00 — —%
Payroll Analyst 2.00 2.00 2.00 2.00 — —%
Performance Auditor II — 1.00 — — — —%
Senior Accountant 3.00 3.00 3.00 3.00 — —%
Senior Buyer 1.00 1.00 1.00 1.00 — —%
Senior Management Analyst 2.30 2.30 2.30 2.30 — —%
Storekeeper 1.00 1.00 1.00 2.00 1.00 100.0%
Storekeeper-Lead 0.20 0.20 0.20 0.20 — —%
Warehouse Supervisor 0.20 0.20 0.20 0.20 — —%
Total Administrative Services 39.15 40.15 37.15 39.15 2.00 5.4% ATTACHMENT A, EXHIBIT 5
1 28.e
Packet Pg. 612
TABLE OF ORGANIZATION
City Attorney
Assistant City Attorney* 3.00 3.00 3.00 4.00 1.00 0.33% Chief Assistant City Attorney 1.00 1.00 1.00 1.00 — —%
City Attorney 1.00 1.00 1.00 1.00 — —%
Claims Investigator 1.00 1.00 1.00 1.00 — —%
Deputy City Attorney* 1.00 1.00 1.00 — (1.00) (100.0)%
Legal Fellow 1.00 1.00 1.00 1.00 — —%
Secretary to City Attorney 1.00 1.00 1.00 1.00 — —%
Senior Management Analyst 1.00 1.00 1.00 1.00 — —%
Total City Attorney 10.00 10.00 10.00 10.00 — —%
City Auditor
City Auditor 1.00 1.00 — — — —%
Performance Auditor II 2.00 — — — — —%
Senior Performance Auditor 1.00 2.00 — — — —%
Total City Auditor 4.00 3.00 — — — —%
City Clerk
Administrative Associate III 2.00 2.00 2.00 2.00 — —%
Assistant City Clerk 1.00 1.00 1.00 1.00 — —%
City Clerk 1.00 1.00 1.00 1.00 — —%
Deputy City Clerk 1.00 1.00 1.00 1.00 — —%
Total City Clerk 5.00 5.00 5.00 5.00 — —%
City Manager
Administrative Assistant 2.00 2.00 2.00 2.00 — —%
Assistant City Manager 1.00 1.00 1.00 1.00 — —%
Assistant to the City Manager* 2.00 2.00 1.00 3.00 2.00 200.0% Chief Communications Officer 1.00 1.00 1.00 1.00 — —%
City Manager 1.00 1.00 1.00 1.00 — —%
Deputy City Manager 1.00 1.00 1.00 1.00 — —%
Executive Assistant to the City Manager 1.00 1.00 1.00 1.00 — —% Management Analyst 0.75 — — — — —%
Manager Communications 1.00 1.00 1.00 1.00 — —%
Senior Management Analyst — — — 1.00 1.00 —%
Total City Manager 10.75 10.00 9.00 12.00 3.00 33.3%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
2 28.e
Packet Pg. 613
TABLE OF ORGANIZATION
Community Services
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate III 1.00 1.00 — — — —%
Assistant Director Community Services 2.00 2.00 1.00 1.00 — —% Building Serviceperson 1.25 1.00 1.00 1.00 — —%
Building Serviceperson-Lead 0.60 0.60 0.60 0.60 — —%
Coordinator Recreation Programs 4.00 4.00 4.00 4.00 — —% Director Community Services 1.00 1.00 1.00 1.00 — —%
Division Manager Open Space, Parks and Golf 1.00 — — — — —% Heavy Equipment Operator 0.07 0.07 — — — —%
Inspector, Field Services 2.00 2.00 2.00 2.00 — —%
Junior Museum & Zoo Educator* 3.60 3.60 3.25 4.10 0.85 26.2% Management Analyst 1.00 1.00 1.00 1.00 — —%
Management Assistant 1.00 1.00 1.00 1.00 — —%
Manager Community Services 5.00 5.00 5.00 5.00 — —%
Manager Community Services Senior Program 4.00 4.00 4.00 4.00 — —% Manager Human Services 1.00 1.00 1.00 1.00 — —%
Park Maintenance Person 6.00 6.00 6.00 6.00 — —%
Park Maintenance-Lead 1.00 1.00 1.00 1.00 — —%
Park Ranger 5.00 5.00 5.00 6.00 1.00 20.0%
Parks/Golf Crew-Lead 2.00 2.00 2.00 2.00 — —%
Producer Arts/Science Program 11.00 12.00 11.00 12.25 1.25 11.4% Program Assistant I 8.00 7.00 3.00 3.00 — —%
Program Assistant II 3.00 4.00 4.00 4.00 — —%
Project Manager 0.10 0.10 0.10 0.10 — —%
Senior Management Analyst 1.00 1.00 1.00 1.00 — —%
Sprinkler System Representative 4.00 4.00 4.00 4.00 — —% Superintendent Community Services 2.00 2.00 2.00 2.00 — —% Superintendent Recreation 1.00 1.00 — — — —%
Theater Specialist 2.00 2.00 2.00 2.00 — —%
WGW Heavy Equipment Operator — — 0.07 0.07 — —%
Total Community Services 75.62 75.37 67.02 70.12 3.10 4.6% Fire
40-Hour Captain** — — — 0.20 0.20 —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
3 28.e
Packet Pg. 614
TABLE OF ORGANIZATION
40-Hour Training Battalion Chief 1.00 1.00 1.00 1.00 — —% 40-Hour Training Captain 1.00 1.00 1.00 1.00 — —%
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate II 2.20 2.20 2.20 2.20 — —%
Administrative Associate III — — — 0.20 0.20 —%
Battalion Chief 3.00 3.00 3.00 3.00 — —%
Business Analyst 0.80 0.80 0.80 0.80 — —%
Deputy Chief/Fire Marshal 0.05 0.05 0.05 — (0.05) (100.0)% Deputy Director Technical Services Division* 0.20 0.20 — 0.20 0.20 —% Deputy Fire Chief 2.00 2.00 1.00 2.00 1.00 100.0%
Emergency Medical Service Director 1.00 1.00 1.00 1.00 — —% Emergency Medical Services Data Specialist 1.00 1.00 1.00 1.00 — —% Fire Apparatus Operator 26.00 26.00 26.00 26.00 — —%
Fire Captain 21.00 21.00 20.00 20.00 — —%
Fire Chief 1.00 1.00 1.00 1.00 — —%
Fire Fighter* 34.00 34.00 29.00 34.00 5.00 17.2%
Fire Fighter Trainee** — — — 3.00 3.00 —%
Fire Inspector 0.80 0.80 0.40 0.40 — —%
Fire Marshal** — — — 0.05 0.05 —%
Geographic Information System Specialist 0.50 0.50 0.50 0.50 — —% Hazardous Materials Inspector 0.30 0.30 0.30 0.70 0.40 133.3% Senior Management Analyst 1.00 1.00 1.00 1.00 — —%
Total Fire 97.85 97.85 90.25 100.25 10.00 11.1%
Human Resources
Assistant Director Human Resources 1.00 1.00 1.00 1.00 — —% Director Human Resources/CPO 1.00 1.00 1.00 1.00 — —%
Human Resources Representative 3.00 3.00 2.00 2.00 — —% Human Resources Technician* 4.00 4.00 3.00 4.00 1.00 25.0% Manager Employee Benefits 1.00 1.00 1.00 1.00 — —%
Manager Employee Relations 1.00 1.00 1.00 1.00 — —%
Senior Human Resources Administrator 3.00 3.00 3.00 3.00 — —% Senior Management Analyst 2.00 2.00 2.00 2.00 — —%
Total Human Resources 16.00 16.00 14.00 15.00 1.00 7.1% Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
4 28.e
Packet Pg. 615
TABLE OF ORGANIZATION
Library
Administrative Associate III 1.00 1.00 — 1.00 1.00 —%
Assistant Director Library Services 1.00 1.00 — 1.00 1.00 —% Business Analyst 1.00 1.00 1.00 1.00 — —%
Coordinator Library Programs 1.00 1.00 1.00 2.00 1.00 100.0% Director Libraries 1.00 1.00 1.00 1.00 — —%
Division Head Library Services 1.00 1.00 1.00 1.00 — —% Librarian 6.00 6.00 6.00 7.00 1.00 16.7%
Library Associate 7.00 7.00 6.00 6.00 — —%
Library Specialist 11.50 11.50 10.50 12.50 2.00 19.0%
Management Analyst 1.00 1.00 1.00 1.00 — —%
Manager Library Services 3.00 3.00 3.00 3.00 — —%
Senior Librarian 8.00 8.00 6.00 6.00 — —%
Supervising Librarian 4.00 4.00 4.00 4.00 — —%
Total Library 46.50 46.50 40.50 46.50 6.00 14.8%
Office of Emergency Services
Director Office of Emergency Services 1.00 1.00 1.00 1.00 — —% Office of Emergency Services Coordinator 1.00 1.00 1.00 1.00 — —% Program Assistant II 1.00 1.00 — — — —%
Total Office of Emergency Services 3.00 3.00 2.00 2.00 — —% Office of Transportation
Administrative Assistant 0.50 0.50 0.60 0.60 — —%
Associate Engineer 0.30 0.30 0.35 0.35 — —%
Associate Planner 0.30 0.45 0.40 0.40 — —%
Chief Transportation Official 0.70 0.70 0.70 0.70 — —%
Coordinator Transportation Systems
Management
1.25 1.25 0.65 0.65 — —%
Management Analyst 0.50 0.50 0.50 0.50 — —%
Parking Operations-Lead — — 0.05 0.05 — —%
Project Engineer 0.45 0.45 0.25 0.25 — —%
Senior Engineer* 0.20 0.20 0.20 0.55 0.35 175.0%
Senior Planner 0.50 0.50 0.15 0.15 — —%
Traffic Engineering-Lead* 0.35 0.35 0.35 — (0.35) 100.0% Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
5 28.e
Packet Pg. 616
TABLE OF ORGANIZATION
Transportation Planning Manager 1.15 1.15 1.00 1.00 — —% Total Office of Transportation 6.20 6.35 5.20 5.20 — —% Planning and Development Services
40-Hour Captain** — — — 0.80 0.80 —%
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate I 1.00 1.00 1.00 1.00 — —%
Administrative Associate II 2.80 2.80 2.80 2.80 — —%
Administrative Associate III* 4.00 4.00 3.00 4.80 1.80 60.0% Assistant Chief Building Official 1.00 1.00 1.00 2.00 1.00 100.0% Assistant Director PCE 1.00 1.00 1.00 1.00 — —%
Associate Engineer 0.22 0.20 — — — —%
Associate Planner 3.15 3.00 3.25 1.25 (2.00) (61.5)%
Building Inspector Specialist 4.00 6.00 6.00 8.00 2.00 33.3% Building/Planning Technician*** 3.00 3.00 2.00 2.50 0.50 25.0% Chief Building Official 1.00 1.00 1.00 1.00 — —%
Chief Planning Official 1.00 1.00 1.00 1.00 — —%
Code Enforcement Officer* 2.00 2.00 — 1.00 1.00 100.0%
Code Enforcement-Lead 1.00 1.00 1.00 1.00 — —%
Deputy Chief/Fire Marshal 0.80 0.80 0.80 — (0.80) (100.0)% Development Project Coordinator II 2.00 2.00 2.00 2.00 — —% Development Project Coordinator III 3.00 3.00 3.00 3.00 — —% Director Planning/Community Environment 1.00 1.00 1.00 1.00 — —% Engineer 0.64 0.52 0.52 0.52 — —%
Engineering Technician III 1.78 1.50 1.50 1.50 — —%
Fire Inspector 3.20 3.20 1.60 1.60 — —%
Fire Marshal** — — — 0.80 0.80 —%
Hazardous Materials Inspector 1.60 1.60 1.60 3.20 1.60 100.0% Industrial Waste Inspector 0.01 — — — — —%
Industrial Waste Investigator 0.35 0.35 0.35 0.35 — —%
Inspector, Field Services 0.68 0.68 0.68 0.68 — —%
Landscape Architect Park Planner 0.50 0.50 0.50 0.50 — —% Management Analyst 0.01 — — — — —%
Manager Environmental Control Program* 0.10 — — — — —%
Manager Planning 5.00 4.00 4.00 4.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
6 28.e
Packet Pg. 617
TABLE OF ORGANIZATION
Manager Urban Forestry 0.04 — — — — —%
Planner 4.00 4.00 4.00 5.00 1.00 25.0%
Plans Check Engineer — — — 1.00 1.00 —%
Principal Management Analyst 1.00 — — — — —%
Principal Planner 2.00 2.00 1.00 2.00 1.00 100.0%
Program Assistant 1.00 1.00 — — — —%
Project Engineer 0.13 0.10 — — — —%
Project Manager*** — — — 0.50 0.50 100.0%
Senior Business Analyst 1.00 1.00 1.00 1.00 — —%
Senior Engineer* 0.46 0.40 0.40 0.45 0.05 12.5%
Senior Industrial Waste Investigator 0.01 — — — — —%
Senior Management Analyst 2.00 2.00 2.00 2.00 — —%
Senior Planner 3.60 3.60 3.65 4.65 1.00 27.4%
Supervisor Inspection and Surveying 0.27 0.25 0.25 0.25 — —% Traffic Engineering-Lead* 0.10 0.10 0.05 — (0.05) 100.0% Transportation Planning Manager — — 0.05 0.05 — —%
Total Planning and Development Services 62.45 61.60 54.00 65.20 11.20 20.7% Police
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate II 3.00 3.00 2.00 2.00 — —%
Animal Control Officer 3.00 3.00 2.00 2.00 — —%
Animal Control Officer-Lead 1.00 1.00 1.00 1.00 — —%
Assistant Police Chief 1.00 1.00 1.00 1.00 — —%
Business Analyst 1.20 1.20 1.20 2.20 1.00 83.3%
Code Enforcement Officer 1.00 1.00 1.00 1.00 — —%
Communications Manager 1.00 1.00 — — — —%
Communications Technician 1.00 1.00 — — — —%
Community Service Officer 7.50 7.50 5.63 5.63 — —%
Court Liaison Officer 1.00 1.00 1.00 1.00 — —%
Crime Analyst 1.00 1.00 1.00 1.00 — —%
Deputy Director Technical Services Division* 0.80 0.80 — 0.80 0.80 —% Geographic Information System Specialist 0.50 0.50 0.50 0.50 — —% Police Agent 19.00 19.00 19.00 19.00 — —%
Police Captain 2.00 2.00 2.00 2.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
7 28.e
Packet Pg. 618
TABLE OF ORGANIZATION
Police Chief 1.00 1.00 1.00 1.00 — —%
Police Lieutenant 5.00 5.00 4.00 4.00 — —%
Police Officer 50.00 50.00 39.00 43.00 4.00 10.3%
Police Records Specialist II 6.00 6.00 6.00 6.00 — —%
Police Records Specialist-Lead 1.00 1.00 1.00 1.00 — —% Police Sergeant 14.00 14.00 14.00 14.00 — —%
Program Assistant II 1.00 1.00 1.00 1.00 — —%
Property Evidence Technician 2.00 2.00 2.00 2.00 — —%
Public Safety Communications Manager* 1.00 1.00 — 1.00 1.00 —% Public Safety Dispatcher 16.00 16.00 12.00 14.00 2.00 16.7% Public Safety Dispatcher-Lead 4.00 4.00 4.00 4.00 — —%
Public Safety Program Manager 2.00 2.00 1.00 1.00 — —%
Senior Management Analyst 1.00 1.00 1.00 1.00 — —%
Total Police 149.00 149.00 124.33 133.13 8.80 7.1%
Public Works
Administrative Assistant 1.00 1.00 0.50 0.50 — —%
Administrative Associate I 0.10 0.10 — — — —%
Administrative Associate II 2.65 2.65 2.65 2.65 — —%
Administrative Associate III 0.01 0.01 — — — —%
Assistant Director Public Works 0.73 0.73 0.73 0.73 — —% Building/Planning Technician*** — — — 0.50 0.50 100.0%
Building Serviceperson-Lead 1.00 1.00 1.00 1.00 — —%
Cement Finisher 2.00 2.00 2.00 2.00 — —%
Cement Finisher-Lead 0.26 0.26 0.26 0.26 — —%
Coordinator Public Works Projects 1.50 1.50 1.50 1.50 — —% Director Public Works/City Engineer 1.00 1.00 1.00 1.00 — —% Electrician 0.80 0.80 0.80 0.80 — —%
Engineer 0.36 0.48 0.48 0.48 — —%
Engineering Technician III 1.47 1.75 1.75 1.75 — —%
Environmental Specialist* — — — 0.33 0.33 —%
Equipment Operator 2.46 2.46 2.46 2.46 — —%
Facilities Carpenter 1.00 1.00 1.00 1.00 — —%
Facilities Maintenance-Lead 1.85 1.85 1.85 1.85 — —%
Facilities Painter 1.75 1.75 1.75 1.75 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
8 28.e
Packet Pg. 619
TABLE OF ORGANIZATION
Facilities Technician 4.05 4.05 4.05 4.05 — —%
Heavy Equipment Operator 2.33 2.33 2.10 2.10 — —%
Heavy Equipment Operator-Lead 0.85 0.85 0.85 0.85 — —%
Inspector, Field Services 0.11 0.11 0.11 0.11 — —%
Landscape Architect Park Planner 0.60 0.60 0.60 0.60 — —% Management Analyst* 0.70 1.45 1.45 0.70 (0.75) (0.52)%
Manager Environmental Control Program* — — — 0.33 0.33 —% Manager Facilities 0.90 0.90 0.90 0.90 — —%
Manager Maintenance Operations 1.20 1.20 1.20 1.20 — —% Manager Urban Forestry 0.96 1.00 1.00 1.00 — —%
Manager Watershed Protection 0.05 0.05 0.05 0.05 — —%
Project Manager*** 2.65 2.65 2.00 2.50 0.50 0.25%
Senior Engineer 0.59 0.60 0.60 0.60 — —%
Senior Management Analyst 1.11 1.11 1.11 1.11 — —%
Supervisor Inspection and Surveying 0.10 0.10 0.10 0.10 — —% Surveyor, Public Works 0.33 0.33 0.33 0.33 — —%
Traffic Controller Maintainer I 1.94 1.94 1.94 1.94 — —% Traffic Controller Maintainer II 2.00 2.00 1.00 1.00 — —% Tree Maintenance Person 1.00 1.00 1.00 1.00 — —%
Tree Trim/Line Clear 7.00 7.00 7.00 7.00 — —%
Tree Trim/Line Clear-Lead 1.00 1.00 1.00 1.00 — —%
WGW Heavy Equipment Operator — — 0.23 0.23 — —%
Total Public Works 49.41 50.61 48.35 49.26 0.91 1.9%
Total General Fund 574.93 574.43 506.80 552.81 46.01 9.1% Enterprise Fund
Public Works
Account Specialist 0.30 0.30 — — — —%
Accountant 0.40 0.40 0.70 0.70 — —%
Administrative Associate I 0.10 0.10 — 1.00 1.00 —%
Administrative Associate II 2.15 2.15 2.15 2.15 — —%
Administrative Associate III 0.10 0.10 0.20 0.20 — —%
Assistant Director Public Works 1.30 1.30 1.30 1.30 — —% Assistant Manager WQCP 2.00 2.00 2.00 2.00 — —%
Associate Engineer 2.99 3.00 3.00 3.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
9 28.e
Packet Pg. 620
TABLE OF ORGANIZATION
Chemist 3.00 3.00 2.00 2.00 — —%
Deputy Chief/Fire Marshal 0.07 0.07 0.07 — (0.07) (100.0)% Electrician 3.00 3.00 3.00 3.00 — —%
Electrician-Lead 2.00 2.00 2.00 2.00 — —%
Engineer 0.90 0.90 0.90 0.90 — —%
Engineering Technician III 0.25 0.25 0.25 0.25 — —%
Environmental Specialist* 2.00 2.00 2.00 2.33 0.33 16.5% Equipment Operator 0.54 0.54 0.54 0.54 — —%
Facilities Maintenance Lead 1.00 1.00 1.00 1.00 — —%
Facilities Technician 1.50 1.50 1.50 2.50 1.00 66.7%
Fire Marshal** — — — 0.07 0.07 —%
Hazardous Materials Inspector 0.04 0.04 0.04 0.04 — —%
Heavy Equipment Operator 0.90 0.90 0.90 0.90 — —%
Heavy Equipment Operator-Lead 1.15 1.15 1.15 1.15 — —%
Industrial Waste Inspector 2.99 3.00 3.00 3.00 — —%
Industrial Waste Investigator 1.15 1.15 1.15 1.15 — —%
Laboratory Technician WQC 3.00 3.00 3.00 3.00 — —%
Landfill Technician 1.00 1.00 1.00 1.00 — —%
Management Analyst 2.30 2.30 2.30 2.30 — —%
Manager Airport 1.00 1.00 1.00 1.00 — —%
Manager Environmental Control Program* 4.90 5.00 5.00 5.33 0.33 6.6% Manager Laboratory Services 1.00 1.00 1.00 1.00 — —%
Manager Maintenance Operations 1.96 1.96 1.96 1.96 — —% Manager Solid Waste 1.00 1.00 1.00 1.00 — —%
Manager Water Quality Control Plant 1.00 1.00 1.00 1.00 — —% Manager Watershed Protection 0.95 0.95 0.95 0.95 — —%
Plant Mechanic 7.00 7.00 7.00 7.00 — —%
Program Assistant I 1.00 1.00 1.00 1.00 — —%
Program Assistant II 2.00 2.00 2.00 2.00 — —%
Project Engineer 1.83 1.83 1.83 1.83 — —%
Project Manager 1.35 1.35 1.35 1.35 — —%
Senior Accountant 0.30 0.30 0.30 0.30 — —%
Senior Buyer 1.00 1.00 1.00 1.00 — —%
Senior Chemist 1.00 1.00 2.00 2.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
10 28.e
Packet Pg. 621
TABLE OF ORGANIZATION
Senior Engineer 3.76 3.76 3.76 3.76 — —%
Senior Industrial Waste Investigator 0.99 1.00 1.00 1.00 — —% Senior Management Analyst 0.21 0.21 0.21 0.21 — —%
Senior Mechanic 1.00 1.00 1.00 1.00 — —%
Senior Operator WQC 6.00 6.00 6.00 6.00 — —%
Senior Technologist 1.00 1.00 1.00 1.00 — —%
Storekeeper 1.00 1.00 1.00 1.00 — —%
Street Maintenance Assistant 1.00 1.00 1.00 1.00 — —%
Street Sweeper Operator 1.63 1.63 1.63 1.63 — —%
Supervisor WQCP Operations 3.00 3.00 3.00 3.00 — —%
Surveyor, Public Works 0.12 0.12 0.12 0.12 — —%
Technologist 1.00 1.00 1.00 1.00 — —%
Traffic Controller Maintainer I 0.06 0.06 0.06 0.06 — —% WQC Plant Operator II 16.00 16.00 16.00 16.00 — —%
Zero Waste Coordinator 1.00 1.00 1.00 1.00 — —%
Total Public Works 101.19 101.32 101.32 103.98 2.66 2.6% Utilities
Account Specialist 1.70 1.70 1.00 1.00 — —%
Accountant 0.60 0.60 1.30 1.30 — —%
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Administrative Associate II 6.00 6.00 6.00 6.00 — —%
Assistant City Attorney* — — — 1.00 1.00 —%
Assistant Director Administrative Services 0.25 0.25 0.25 0.25 — —% Assistant Director Utilities Customer Support
Services
1.00 1.00 1.00 1.00 — —%
Assistant Director Utilities Engineering 1.00 1.00 1.00 1.00 — —% Assistant Director Utilities Operations 1.00 1.00 1.00 1.00 — —% Assistant Director Utilities/Resource
Management
1.00 1.00 1.00 1.00 — —%
Associate Sustainability Program
Administrator**
— — — 1.00 1.00 —%
Business Analyst 6.00 6.00 6.00 6.00 — —%
Cathodic Protection Technician Assistant 1.00 1.00 1.00 1.00 — —% Cathodic Technician 1.00 1.00 1.00 1.00 — —%
Cement Finisher 2.00 2.00 2.00 2.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Contracts Administrator 0.70 0.70 0.70 0.70 — —%
Coordinator Utilities Projects* 6.00 6.00 6.00 8.00 2.00 33.3% Customer Service Representative 7.00 7.00 7.00 7.00 — —% Customer Service Specialist 2.00 2.00 2.00 2.00 — —%
Customer Service Specialist-Lead 2.00 2.00 2.00 2.00 — —% Deputy Chief/Fire Marshal 0.08 0.08 0.08 — (0.08) (100.0)% Deputy City Attorney* 1.00 1.00 1.00 — (1.00) (100.0)%
Director Administrative Services/CFO 0.20 0.20 0.20 0.20 — —% Electric Heavy Equipment Operator — 2.00 2.00 1.00 (1.00) (50.0)% Electric Project Engineer* 4.00 4.00 4.00 8.00 4.00 100.0% Electric Underground Inspector 2.00 2.00 2.00 2.00 — —% Electric Underground Inspector-Lead 1.00 1.00 1.00 1.00 — —% Electrical Equipment Technician 1.00 1.00 1.00 1.00 — —% Electrician Assistant I 3.00 3.00 3.00 3.00 — —%
Engineer 4.00 4.00 4.00 4.00 — —%
Engineering Manager - Electric 1.00 1.00 1.00 1.00 — —% Engineering Manager - WGW 1.00 1.00 1.00 1.00 — —%
Engineering Technician III 3.00 3.00 3.00 3.00 — —%
Environmental Specialist* — — — 0.34 0.34 —%
Equipment Operator — — — 1.00 1.00 —%
Fire Marshal** — — — 0.08 0.08 —%
Gas and Water Meter Measurement and
Control Technician
4.00 4.00 4.00 4.00 — —%
Gas and Water Meter Measurement and
Control Technician - Lead
1.00 1.00 1.00 1.00 — —%
Hazardous Materials Inspector 0.06 0.06 0.06 0.06 — —%
Heavy Equipment Operator 6.70 — — — — —%
Heavy Equipment Operator - Install/Repair 4.00 4.00 4.00 4.00 — —% Human Resources Representative — — 1.00 1.00 — —%
Industrial Waste Investigator 0.50 0.50 0.50 0.50 — —%
Inspector, Field Services 5.00 5.00 — — — —%
Inspector, WGW Utilities Field Svc — — 5.00 5.00 — —%
Lineperson/Cable Specialist 11.00 10.00 10.00 10.00 — —% Lineperson/Cable Specialist-Lead 4.00 4.00 4.00 4.00 — —% Maintenance Mechanic-Welding 2.00 2.00 2.00 2.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Management Analyst** — — — 1.00 1.00 —%
Manager Communications 1.00 1.00 1.00 1.00 — —%
Manager Customer Service 1.00 1.00 1.00 1.00 — —%
Manager Electric Operations 1.00 1.00 1.00 1.00 — —%
Manager Environmental Control Program* — — — 0.34 0.34 —% Manager Treasury, Debt & Investments 0.40 0.40 0.40 0.40 — —% Manager Utilities Compliance 1.00 1.00 1.00 1.00 — —%
Manager Utilities Credit & Collection 1.00 1.00 1.00 1.00 — —% Manager Utilities Operations WGW 1.00 1.00 1.00 1.00 — —% Manager Utilities Program Services* 1.00 1.00 1.00 2.00 1.00 100.0% Manager Utilities Strategic Business 1.00 1.00 1.00 1.00 — —% Manager Utilities Telecommunications 1.00 1.00 1.00 1.00 — —% Meter Reader 6.00 6.00 6.00 6.00 — —%
Meter Reader-Lead 1.00 1.00 1.00 1.00 — —%
Metering Technician* 3.00 3.00 3.00 2.00 (1.00) (33.3)% Metering Technician-Lead 1.00 1.00 1.00 1.00 — —%
Offset Equipment Operator 0.48 0.48 0.48 0.48 — —%
Overhead Underground Troubleman 2.00 2.00 2.00 2.00 — —% Power Engineer* 1.00 1.00 1.00 — (1.00) (100.0)%
Principal Business Analyst 1.00 1.00 1.00 1.00 — —%
Principal Utilities Program Manager*** — — — 1.00 1.00 100.0% Program Assistant I 1.50 1.50 1.50 1.50 — —%
Program Assistant II 1.00 1.00 1.00 — (1.00) (100.0)%
Project Engineer 5.00 5.00 5.00 5.00 — —%
Project Manager 0.75 0.75 0.75 0.75 — —%
Resource Planner 5.00 5.00 5.00 5.00 — —%
Restoration Lead 1.00 1.00 1.00 1.00 — —%
SCADA Technologist 2.00 2.00 2.00 — (2.00) (100.0)%
Senior Accountant 0.70 0.70 0.70 0.70 — —%
Senior Business Analyst 3.00 3.00 3.00 3.00 — —%
Senior Electrical Engineer 4.00 4.00 5.00 5.00 — —%
Senior Engineer* 5.00 5.00 5.00 6.00 1.00 20.0%
Senior Management Analyst 0.70 0.70 0.70 0.70 — —%
Senior Mechanic 1.00 1.00 1.00 1.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Senior Performance Auditor 1.00 1.00 — — — —%
Senior Resource Planner 6.50 6.50 6.50 7.00 0.50 7.7%
Senior Utilities Field Service Representative 1.00 1.00 1.00 1.00 — —% Senior Water Systems Operator 2.00 2.00 2.00 2.00 — —%
Storekeeper 1.00 1.00 1.00 1.00 — —%
Storekeeper-Lead 0.80 0.80 0.80 0.80 — —%
Street Light, Traffic Signal & Fiber Technician 5.00 5.00 5.00 4.00 (1.00) (20.0)% Street Light, Traffic Signal & Fiber-Lead 2.00 2.00 2.00 2.00 — —% Substation Electrician 6.00 6.00 6.00 6.00 — —%
Substation Electrician-Lead 2.00 2.00 2.00 2.00 — —%
Supervising Electric Project Engineer 1.00 1.00 — — — —% Sustainability Programs Administrator — — 4.00 5.00 1.00 25.0% Tree Maintenance Person 1.00 1.00 1.00 1.00 — —%
Utilities Chief Operating Officer 1.00 1.00 1.00 1.00 — —% Utilities Compliance Technician 2.00 3.00 3.00 3.00 — —% Utilities Compliance Technician-Lead 1.00 1.00 1.00 1.00 — —% Utilities Credit/Collection Specialist 2.00 2.00 2.00 2.00 — —% Utilities Director 1.00 1.00 1.00 1.00 — —%
Utilities Engineer Estimator 5.00 5.00 5.00 5.00 — —%
Utilities Field Services Representative 5.00 5.00 5.00 5.00 — —% Utilities Install Repair-Lead-Welding Certified 2.00 2.00 2.00 3.00 1.00 50.0% Utilities Install Repair-Welding Certified 3.00 3.00 3.00 3.00 — —% Utilities Install/Repair 10.00 10.00 10.00 10.00 — —%
Utilities Install/Repair Assistant 1.00 1.00 1.00 1.00 — —% Utilities Install/Repair-Lead 5.00 5.00 5.00 4.00 (1.00) (20.0)% Utilities Key Account Representative 3.00 3.00 3.00 3.00 — —% Utilities Locator 3.00 3.00 3.00 3.00 — —%
Utilities Marketing Program Administrator 4.00 4.00 — — — —% Utilities Safety Officer 1.00 1.00 1.00 1.00 — —%
Utilities Supervisor 12.00 12.00 12.00 12.00 — —%
Utilities System Analyst** — — — 2.00 2.00 —%
Utilities System Operator 5.00 5.00 5.00 6.00 1.00 20.0% Utility Engineering Estimator - Lead 1.00 1.00 1.00 1.00 — —% Warehouse Supervisor 0.80 0.80 0.80 0.80 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Water System Operator II 4.00 4.00 4.00 4.00 — —%
WGW Heavy Equipment Operator — 4.70 4.70 4.70 — —%
Total Utilities 257.42 257.42 257.42 267.60 10.18 4.0%
Total Enterprise Fund 358.61 358.74 358.74 371.58 12.84 3.6% Other Funds
Capital Project Fund
Administrative Assistant 0.15 0.15 0.65 0.65 — —%
Administrative Associate I 0.80 0.80 — — — —%
Administrative Associate III 0.89 0.89 0.80 0.80 — —%
Assistant Director Public Works 0.72 0.72 0.72 0.72 — —% Associate Engineer 2.49 2.50 1.65 1.65 — —%
Associate Planner 0.30 0.30 0.35 0.35 — —%
Building Serviceperson 0.75 1.00 1.00 1.00 — —%
Building Serviceperson-Lead 1.40 1.40 1.40 1.40 — —%
Cement Finisher-Lead 0.74 0.74 0.74 0.74 — —%
Chief Transportation Official 0.30 0.30 0.30 0.30 — —%
Contracts Administrator 0.60 0.60 0.60 0.60 — —%
Coordinator Public Works Projects 1.30 1.30 1.30 1.30 — —% Coordinator Transportation Systems
Management
0.75 0.75 1.35 1.35 — —%
Engineer 3.10 3.10 2.10 3.10 1.00 47.6%
Engineering Technician III 0.50 0.50 0.50 0.50 — —%
Facilities Technician 1.50 1.50 1.50 1.50 — —%
Inspector, Field Services 1.21 1.21 1.21 1.21 — —%
Landscape Architect Park Planner 0.90 0.90 0.90 0.90 — —% Management Analyst 0.94 0.95 0.95 0.95 — —%
Manager Facilities 0.10 0.10 0.10 0.10 — —%
Manager Maintenance Operations 0.65 0.65 0.65 0.65 — —% Parking Operations-Lead 0.40 0.40 0.30 0.30 — —%
Project Engineer 7.59 7.62 7.92 7.92 — —%
Project Manager 1.15 1.15 0.80 0.80 — —%
Senior Engineer* 2.99 4.04 4.04 4.64 0.60 14.9%
Senior Management Analyst 0.60 0.60 0.60 0.60 — —%
Senior Planner 0.50 0.50 0.80 0.80 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Senior Project Manager 1.00 — — — — —%
Supervisor Inspection and Surveying 0.63 0.65 0.65 0.65 — —% Surveyor, Public Works 0.55 0.55 0.55 0.55 — —%
Traffic Engineering-Lead* 0.55 0.55 0.60 — (0.60) (100.0)% Transportation Planning Manager 0.35 0.35 0.45 0.45 — —% Total Capital Project Fund 36.40 36.77 35.48 36.48 1.00 2.8% Printing and Mailing Services
Manager Revenue Collections 0.10 0.10 0.10 0.10 — —%
Offset Equipment Operator 1.52 1.52 1.52 1.52 — —%
Total Printing and Mailing Services 1.62 1.62 1.62 1.62 — —% Special Revenue Funds
Account Specialist 1.87 1.87 1.37 1.37 — —%
Account Specialist-Lead 0.55 0.55 0.55 0.55 — —%
Administrative Assistant 0.35 0.35 0.25 0.25 — —%
Administrative Associate II 0.20 0.20 0.20 0.20 — —%
Associate Planner 0.25 0.25 — — — —%
Community Service Officer 0.50 0.50 0.37 0.37 — —%
Coordinator Public Works Projects 0.20 0.20 0.20 0.20 — —% Electrician 0.20 0.20 0.20 0.20 — —%
Facilities Maintenance-Lead 0.15 0.15 0.15 0.15 — —%
Facilities Painter 0.25 0.25 0.25 0.25 — —%
Facilities Technician 0.45 0.45 0.45 0.45 — —%
Management Analyst 0.35 0.35 0.35 0.35 — —%
Manager Community Services Senior Program 1.00 1.00 1.00 1.00 — —% Manager Maintenance Operations 0.19 0.19 0.19 0.19 — —% Manager Revenue Collections 0.28 0.28 0.28 0.28 — —%
Parking Operations-Lead 0.60 0.60 0.65 0.65 — —%
Senior Planner 0.40 0.40 0.40 0.40 — —%
Street Maintenance Assistant 2.00 2.00 2.00 2.00 — —%
Street Sweeper Operator 0.37 0.37 0.37 0.37 — —%
Transportation Planning Manager 0.50 0.50 0.50 0.50 — —% Total Special Revenue Funds 10.66 10.66 9.73 9.73 — —%
Technology Fund
Administrative Assistant 1.00 1.00 1.00 1.00 — —%
Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
Assistant Director Administrative Services 0.10 0.10 0.10 0.10 — —% Business Analyst 1.00 1.00 1.00 1.00 — —%
Desktop Technician 6.00 6.00 6.00 6.00 — —%
Director Information Technology/CIO 1.00 1.00 1.00 1.00 — —% Manager Information Technology 3.00 3.00 3.00 3.00 — —% Manager Information Technology Security 1.00 1.00 — — — —% Principal Business Analyst 1.00 1.00 — — — —%
Senior Business Analyst 2.00 2.00 2.00 2.00 — —%
Senior Management Analyst 1.00 1.00 1.00 1.00 — —%
Senior Technologist* 18.00 18.00 14.00 16.00 2.00 14.3% Technologist 1.00 1.00 — — — —%
Total Technology Fund 36.10 36.10 29.10 31.10 2.00 6.9% Vehicle Replacement and Maintenance Fund
Assistant Director Public Works 0.25 0.25 0.25 0.25 — —% Assistant Fleet Manager 1.00 1.00 1.00 1.00 — —%
Equipment Maintenance Service Person 2.00 2.00 1.00 1.00 — —% Fleet Services Coordinator 1.00 1.00 1.00 1.00 — —%
Management Analyst 0.20 0.20 0.20 0.20 — —%
Management Assistant 1.00 1.00 1.00 1.00 — —%
Manager Fleet 1.00 1.00 1.00 1.00 — —%
Motor Equipment Mechanic II 6.00 6.00 5.00 5.00 — —%
Motor Equipment Mechanic-Lead 2.00 2.00 2.00 2.00 — —%
Project Manager 1.00 1.00 1.00 1.00 — —%
Senior Management Analyst 0.08 0.08 0.08 0.08 — —%
Total Vehicle Replacement and
Maintenance Fund
15.53 15.53 13.53 13.53 — —%
Workers' Compensation Program Fund
Senior Human Resources Administrator 1.00 1.00 1.00 1.00 — —% Total Workers’ Compensation Program
Fund
1.00 1.00 1.00 1.00 — —%
Total Other Funds 101.31 101.68 90.46 93.46 3.00 3.3%
Total Citywide Positions 1,034.85 1,034.85 956.00 1,017.85 61.85 6.5% Table of Organization
FY 2020
Actuals
FY 2021
Actuals
FY 2022
Adopted
Budget
FY 2023
Adopted
Budget
FY 2023
Change
FTE
FY 2023
Change %
ATTACHMENT A, EXHIBIT 5
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TABLE OF ORGANIZATION
*The FY 2022 Adopted Budget does not include City Council actions to amend sta ffing levels approved in the Preliminary Q1 FY 2022 Financial Status Update (CMR 13439),
Staffing for Adequate Fire and Emergency Response (SAFER) Grant Acceptance (CMR 13643), and
FY 2022 Mid-Y
ear Budget Review (CMR 13801). These positions appear as a base adjustment in the FY 2023 Proposed Budget. **The FY 2023 Proposed Budget includes new job classifications that require completion of a meet and conf er process with the respective bargaining groups to negotiate terms for wages, hours, and other employment conditions. Proposals in thi s budget include estimate
d funding levels for financial planning purposes only and do not re flect the final negotiated terms of the propo sed classifications. ***Positions approved by Finance C
ommit tee and/or City Council subsequ ent to the presentation of the FY 2023 Pr oposed Budget.
ATTACHMENT A, EXHIBIT 5
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Attachment A, Exhibit 6: Page 1 o f 2
Municipal Fee Schedule Amendments for FY 202 3 Changed Fees ATTACHMENT A , Exhibit 6 Administrative Services
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification Budget Book $35.00 each $40.00 each 14.3% Fees aligned to cover minimum material and staffing costs
Community Services Department
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification Auditorium and Stage
Resident Fee: $250.00 per hour; Non -Resident Fee: $375.00 per hour
Resident Fee: $270.00 per hour; Non -Resident Fee: $405.00 per hour
8.0%
Align fee t
o actual costs
Field Trips $152.00 per group $200.00 per group 31.0% Palo Alto Junior Museum & Zoo Attendant
Regular time: $34.00 per hour; Overtime & Holiday: $51.00 per hour
Regular time: $44.00 per hour; Overtime & Holiday: $66.00 per hour
29.4%
Tennis Courts (USTA and Palo Alto Tennis Club Only)
Resident Fee: $7.00 per hour; Non-Resident Fee: $9.00 per hour Resident Fee: $8.00 per hour; Non-Resident Fee: $10.00 per hour 12.7% Rehearsal Hall
Resident Fee: $50.00 per hour; Non -Resident Fee: $75.00 per hour
Resident Fee: $54.00 per hour; Non -Resident Fee: $81.00 per hour
8.0%
Peers Park, Mitchell Park Field House )
$28.00 per hour Resident Fee: $174.00 per day; Non -Resident Fee: $235.00 per day
- Fee structure change from hourly to daily
Fire
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification Paramedic Internship Fee $1,394.00 each $1,000 each -28.3% Fee set low to keep competitive with other agencies Office of Transportation (OOT)
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification All Downtown and SOFA Lots and Garages Annual Parking
Permit
$806.00 per year $900.00 per year 11.7%
FY 2023 Pricing based on CMR#11795
California Avenue Area All Garages and Lots Annual Parking Permit
$403.00 per year $650.00 per year 39.0%
Downtown RPP - Annual Resident Parking Permit $50.00 per year $50.00 per year - Downtown RPP - Reduced-Price Employee Parking Permit $50.00 per six months $131.25 per six months 162.5% Downtown RPP Full Price Employee Parking Permit $403.00 per six months $525.00 per six months 30.3% Evergreen Park - Mayfield RPP Annual Resident Parking
Permit
$50.00 per year $50.00 per year -
Evergreen Park - Mayfield RPP Full Price Employee Parking Permit
$201.50 per six months $375.00 per six months 86.1%
Evergreen Park - Mayfield RPP Reduced-Price Employee
Parking Permit
$25.00 per six months $93.75 per six months 275.0%
Southgate RPP - Annual Resident Parking Permit $50.00 per year $50.00 per year - Southgate RPP - Full Price Employee Parking Permit $201.50 per six months $375.00 per six months 86.1% Southgate RPP - Reduced Price Employee Parking Permit $25.00 per six months $93.75 per six months 275.0% Planning a
nd Community Environment
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification Community Center Impact Fee
Single Family $4,438.00 per unit; Multi -Family $3,283.00 per unit
Community Center Impact Fee
Commercial/Industrial $1,301.00 per net new 1,000 sq. ft.; Hotel/Motel $222.00 per net new 1,000 sq. ft.
Library Impact Fee
Single Family $2,645.00 per unit; Multi -Family $1,956.00 per unit
Library Impact Fee
Commercial/Industrial $776.00 per net new 1,000 sq. ft.; Hotel/Motel $132.00 per net new 1,000 sq. ft.
Park Impact Fee
Single Family $57,420.00 per unit; Multi -Family $42,468.00 per unit
Park Impact Fee
Commercial/Industrial $16,837.00 per net new 1,000 sq. ft.; Hotel/Motel $2,866.00 per net new 1,000 sq. ft.
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Updated Fee pending Finance Committee recommendation
to Council on May 3, 2022
Finance Committee recommendation to Council on May 3,
2022 to determine appropriate method to update the fees
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Municipa
l Fee Schedule Amendments for FY 202 3 Changed Fees
Public Works
Fee Title FY 2022 Adopted FY 2023 Proposed % Change Justification Home Improvement Exception – Trees $739.00 per application $432.00 per application -41.5% Fees aligned to modified salary costs of staff time required for this service
IR Review – Trees $319.00 per application $672.00 per application 110.7% A. Pavement Condition: Poor $11.00 per square foot $12.00 per square foot 9.1% Fees aligned to increased cost of supplies B. Pavement Condition: Fair/At-Risk $13.00 per square foot $15.00 per square foot 15.4% C. Pavement Condition: Good $16.00 per square foot $18.00 per square foot 12.5% D. Pavement Condition: Very Good - Excellent $23.00 per square foot $25.00 per square foot 8.7% ATTACHMENT A , Exhibit 628.f
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ATTACHMENT B
Fiscal Year 2023 Update on the Sustainability and Climate Action Plan (S/CAP) As the work on the S/CAP update has continued, budget proposals have been included in both the FY 2022 Mid-Year (CMR 13801) and FY 2023 Budget to reflect the priorities identified through the work of the S/CAP Ad Hoc Committee and the S/CAP’s status as one of the 2022 Council Priorities.
The S/CAP is a cross-departmental effort primarily involving the Office of Transportation, Planning and Development Services, Public Works, and Utilities Departments. As the S/CAP work has progressed, it has become clear that reaching the City’s goal of reducing carbon emissions 80 percent from 1990 levels by 2030 (80X30 goal) relies on electrification of transportat ion, homes, and businesses. Electrification of single-family homes has been identified as a particular focus, because conversions from gas to electric heat pump appliances in homes has been found to be cost -effective and analysis has shown that effectively 100 percent of single-family homes need to be electrified to meet the 80X30 goal.
As staff considers the development of programs that will ultimately be scalable to provide for the transformation that is needed, the progress can be thought of as occurring in three phases:
Discussion Strategy Operations
To date, development of S/CAP electrification programs has primarily been in the Discussion phase, with certain incentive and education programs underway, and ongoing exploration with the S/CAP Ad Hoc Committee and community engagement helping to inform next steps. The S/CAP Working Group Teams are currently working to define an advanced pilot program for significant numbers of citywide heat pump water heater installations, and staff and the Ad Hoc Committee plan to bring the details of this program to City Council in September. This program will move into the Strategy phase, with a structure intended to be scalable to the Operations phase to support the production levels needed for full electrification of residential water heaters by 2030.
The Discussion phase conversations have also helped staff to identif y certain key functional areas that must be integrated and responsive to allow S/CAP programs to progress to the Operations phase, even though they are located in different organizational units and/or departments. These functional areas are:
Programs, Utility Integration, Permitting, Communications, and Finance. • Programs: Utilities added $2.8 million in the FY 2023 budget to support the launch and operation of programs to help residents and businesses electrify equipment. The programs include analysis, contract management, program administration, program monitoring and improvement, managing customer experience, and sales and marketing. Much day to day program operation is performed by contractors, but oversight and coordination of these vendors and the programs themselves requires significant staff work.
• Utility Integration: This includes 1) the review of incoming applications for new electrified devices or all-electric buildings, upgrading the local electric grid to accommodate it, and modifying the local gas system as needed (e.g. removing gas service lines), and 2) planning for systematic grid modernization to accommodate even more wides pread electrification. Staffing is a significant challenge for this program, with high vacancy rates in Utilities Electric Engineering and Operations. Significant shares of this work will be performed by contractors, but even staff capacity to manage contractors is limited due to recruitment and retention issues.
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ATTACHMENT B
• Permitting: This includes 1) review of incoming electrification applications for code compliance, 2) permit streamlining efforts, including partnerships with Utilities program operators, and 3) development of new codes, such as Energy Reach Codes.
• Communications: This includes engagement and outreach efforts to make the community aware of the need for action on climate change and the things residents can do. It includes partnerships with local volunteer organizations. General communications efforts also are coordinated with sales and marketing of specific electrification programs. • Finance: This includes coordinating the funding of all other program areas. With funding sources limited, programs need to be designed and prioritized based on their ability to generate emissions reductions cost-effectively and in a way that keeps the need for additional funding such as highly impactful rate increases or major tax increases to a minimum and makes efficient use of available funding sources like grants and State emissions reduction programs.
Many of these programs are aligned with the responsibilities of existing organizational units and will be staffed by reorganizing work plans of these units. The staffing requests in the FY 2022 mid -year and FY 2023 budget will complement these reorganizati ons by providing additional project management and operational capacity where needed.
• 1.0 Sustainability Program s Administrator (Utilities, FY 2023 Budget) : This position adds staff capacity in the Programs area , which is primarily being managed by Utilit ies Program Services, a workgroup within the Utilities Resource Management Division, enabling it to expand residential electrification programs.
• 1.0 Manager, Utilities Program Services ( Utilities, FY 2022 Mid -year): This working manager provides both staf f capacity and leadership capacity in the Programs Area (Utilities Program Services) for non-residential electrification programs and partnerships with major employers. • 1.0 Manager, Environmental Programs and 1.0 Environmental Specialist (Public Works, FY 2022 Mid-year): These positions expand the S ustainability Office to facilitate inter -departmental coordination on climate change and non -climate sustainability efforts , to coordinate with the Chief Communication Officer and team on sustainability communications, and to facilitate expanded City partnerships with non-governmental organizations, the State, and other agencies. • 3.0 Electric Project Engineers (Utilities, FY 2022 Mid -year): These positions provide the needed staff capacity to manage impacts to utility systems from electrification while managing regular investment. Additional action on recruitment and retention issues is needed to make full use of these positions due to the challenges of attracting and retaining power engineering staff. • 1.0 Senior Engineer (Public Works, FY 2022 Mid -year) and 1.0 Principal Utilities Programs Administrator (Utilities, FY 2023 Budget) : These positions will provide inter -departmental oversight of the climate action element of the S/CAP and coordination of Utilities inter-Divisional coordination of technical and operational aspects of the plan. The management structure for the Operational phase of the S/CAP incorporating these positions is still in development There were also staffing reclassifications in the FY 2022 mid -year and FY 2023 budget to better reflect their role in Climate Action Plan implementation ( Metering Technician to Utilities Project Coordinator , Program Assistant II to Associate Sustainability Program Administrator, and Power Engineer to one of the three Electric Project Engineer listed above) and the addition of 0.5 FTE of Senior Resource Planning staff (bringing two 0.75 FTE positions to 1.0 each) to manage the sustainability elements of the S/CAP.
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Finance Committee Staff Report
Meeting Date: 6/7/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Accept June 30, 2021 Actuarial Valuation of Palo Alto's Retiree Healthcare and Other Post Employment Benefits, Approve Annual Actuarially Determined Contributions for Fiscal Years 2023 and 2024, and Affirm Additional Payments to Employers' Benefit T rust Fund
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff recommends that the Finance Committee recommend the City Council:
1. Review and accept the June 30, 2021 actuarial valuation of Palo Alto’s Retiree Healthcare Plan;
2. Approve full funding of the annual Actuarial Determined Contribution (ADC) for Fiscal Year 2023 and Fiscal Year 2024 using the staff recommended adjusted assumptions; and
3. Affirm the c ontinued the practice of transmitting amounts at a lower 5.75 percent discount rate as an additional discretionary payment to the City’s California Employers’ Retiree Benefit Trust (CERBT) Fund.
EXECUTIVE SUMMARY
In accordance with the Governmental Accounting Standards Board (GASB), the City Council is required to revi ew a nd approve the actuarial valuation for retiree healthcare plan on a bi - annual basis for the upcoming two fiscal years and approve funding of the annual Actuarial Determined Contribution (ADC). This current study presents the fund’s status as of June 30 , 2021 and will be used to inform the FY 2023 and FY 2024 annual operating budgets. This report was finalized after the development of the FY 2023 Proposed Budget. Therefore, funding levels in the FY 2023 Proposed Budget reflect the out years of the prior study completed on June 30, 2019 (CMR 11284)
. Funding levels recommended by the Finance Committee as part of this discussion will be included as an amendment to the FY 2023 Proposed Budget and included for City Council adoption of the budget on June 20, 2022.
The City continues to selecta Strategy 1 asset allocation , currently projected at a 6.25 percent discount rate for the California Employers’ Retirement Benefit Trust (CERBT) Fund, managed by CalPERS. Beginning with the June 30, 2019, valuation (CMR 11284), the City Council directed staff to calculate additional discretionary payments (“prefun ding”) equivalent to a 6.25 percent discount rate and transmit amounts above payments at a 6.75 percent discount rate to the
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CERBT Fund. The CERBT was subsequently reduced from 6.75 percent to 6.25 per cent; therefore, this new target beginning with the Jun e 30, 2021 v aluation, is in -line with the prefunding assumptions used in the prior valuation. Through FY 2022, a total of $3.5 million in additional contributions are expected to be made to the CERBT.
The June 30, 2021, valuation includes several changes that have favorably impacted the CE RBT fund status, primarily due to healthcare and economic fluctuations resulting from the COVID- 19 pandemic and continued proactive funding contributions:
• 2020-21 investment returns of 27.5 percent (6.25 percent target); • Lower than anticipated healthcare premiums; and
• Accumulated contributions (full ADC payments and prefunding)
These favorable changes are advised to be taken in consideration of an uncertain environment.
Current portfolio earning is not expected to meet target return this year ( FY 2022) and it is not known whether the recent change in healthcare premiums will be ongoing or an anomaly due to the significant governmental support of healthcare costs over the past two y ears. Because we do not know whether these favorable changes are the beginning of a trend, or merely a temporary anomaly, t his report includes several options to fund Other Post -Employment Benefit (OPEB) obligations for Finance Committee review and discus sion beyond the typical recommended “baseline” strategy.
• Recommended Funding: consider alternative assumptions that are intended to better align with the current economic outlook and proactive funding of long-term liabilities. • Alternative 1 (“baseline”) : reflects the ADC for current City Council approved funding levels and actuary assumptions.
The below table provides a summary of the options and a comparison of costs to the FY 2023 Proposed Budget in all funds . A more detailed discussion of these option s is included in this report. All options reflect expected savin gs when compared to assumptions currently built in the FY 2023 Proposed Budget as reviewed by the Committee in May. Staff recommends that any savings remain unallocated and fall to respectiv e funds fund balance/reserves based on standing policies, unless otherwise directed.
Table 1: Funding for the FY 2023 OPEB Obligations
FY 2023 OPEB
Funding
$
Change
FY 2023 Proposed Budget (based on June 30, 2019 valuation) $16.9M - Recommended
Funding
Adjusted
Assumptions
• Zero percent return 2021-22
• Proactive contribution at lower discount rate of
5.75 in ADC
• Shorten Amortization period
(from 22 to 15 years)
• Additional funding for FY 2023 Proposed staffing
$16.3M
($0.6M)
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Alternative:
Baseline
• Current approved funding levels assuming a 6.25
percent discount rate
• No proactive contribution at lower discount rate
• Assumed earnings in 2021-22 at planned levels
(6.25 percent)
$11.4M
($5.5M)
*Approximately 65 percent of costs are allocated to the General Fund.
BACKGROUND
The City of Palo Alto offers its employees and retirees a Retiree Healthcare benefit plan which is managed and administered by the California Public Employees’ Retirement System (CalPERS), a State of California Retiree Healthcare Trust program. Bi- annually staff contracts with an actuary firm that provides an actuarial report detailing the latest status of the City of Palo Alto’s Retiree Healthcare plans for employees and retirees. The actuarial report is used to calculate the annual ADC to the trust. In addition, updates on the rate of return, funding status, and chang es to the trust based on various impacts are detailed in the report. Unlike the pension actuary reports, this actuary details impacts by Fund, Department, Employee Group, and Healthcare Plans selected.
There are four groups of benefits within the CalP ERS Retiree Healthcare benefit plans. Table 1 below outlines the different benefits levels by Group. These benefit levels are negotiated and approved as part of the employee contracts. Employees and retirees have an open enrollment window in Oc tober each y ear in which they can make changes to their healthcare plans that take effect in January of the following year.
Table 2: City of Palo Alto Retiree Healthcare Benefit Plans and Tiers Miscellaneous Safety: Fire Safety: Police
Group 1
Retired before January 1, 2007;
eligibility starting at the age 50
and 5 years of service; full
premium up to family coverage
Retired before January 1, 2007;
eligibility starting at the age of 50
and 5 years of service; full
premium up to family coverage
Retired before March 1, 2009;
eligibility starting at the age of 50
and 5 years of service; full premium
up to family coverage
Group 2
Retired between January 1, 2007
and May 1, 2011; eligibility
starting at the age 50 and 5 years
of service; same as Group 1, but
premium limited to 2nd most
expensive medical plan
Retired between January 1, 2007
and December 1, 2011; eligibility
starting at the age 50 and 5 years
of service; same as Group 1, but
premium limited to 2nd most
expensive medical plan
Retired between March 1, 2009 and
April 1, 2015 (POA), between
January 1, 2007 and June 1, 2012
(PMA) ; eligibility starting at the age
50 and 5 years of service; same as
Group 1, but premium limited to 2nd
most expensive medical plan
Group 3
(Retirees) Retired after Group 2, did not elect into Group 4, benefit same as active employees Group 3
(Active EEs)
Currently active, not in Group 4.
Flat Dollar Caps equal to actives
N/A
(All active Group 3 IAFF & FCA
elected into Group 4)
N/A
(All active Group 3 POA & PMA
elected into Group 4)
Group 4
Vesting Schedule: 10 years gets
50%, 20 years gets 100%,
formula amount
Vesting Schedule: 10 years gets
50%, 20 years gets 100%,
formula amount
Vesting Schedule: 10 years gets
50%, 20 years gets 100%, formula
amount
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CalPERS Projected Contribution Levels
The actuary report has two components to the annual billing of the employer portion of retiree healthcare con tributions that comprise the Actuarial Determined Contribution (ADC), 1) the Normal Cost (NC), and 2) the Unfunded Actuarial Accrued Liability (UAAL).
• NC: This reflects a rate of contribution for the plan of retirement healthcare benefits provided to current employees based on the current set of assumptions.
• Employer Amortization of UAAL: This is an annual payment calc ulated to pay down an agency’s unfunded accrued liability. Assuming every assumption in the actuarial valuation was accurate, an organization would eliminate its unfunded pension liability if it made these payments annually for 30 years. The City Council a pproved a closed period to amortize the entire net pension liability over a specific timeframe, and 22 years of payments remain as of June 30, 2021. The total liability will vary from one year to the next because of assumption changes and actua rial experie nce t hat is different from anticipated, such as actual investment returns that do not meet expectations.
As established by the City Council, t he City’s CERBT Fund is invested in a Strategy 1 asset allocation at a 6.25 percent discount rate . Beginning with the June 30, 2019, valuation (CMR 11284), consistent with the City’s proactive pension funding policy, the City Council approv ed the calculation of ADC at a lower 6.25 percent discount rate, transmitting the amounts above a
6.75 percent discount rate as an additional discretionary payment (“prefunding”) to the CERBT Fund. Other proactive measures to mitigate the increasing costs of healthcare plans for current and future retirees include cost sharing with employees, capping the plans covere d, and establishing a flat contribution that can be adjusted with each labor agreement for active employees.
The City’s CERBT Fund was established in May 2008 at a level of $33 million and it has grown to $164 million as of March 31, 2022.
DISCUSSION
Summary of Actuarial Report June 30, 2021
Staff contracted with Bartel Associates, LCC (BA) for this retiree healthcare actuarial report (Attachment A) to determine the City’s retiree healthcare liability and the ADC for Fiscal Years 2023 and 2024. The actuarial an alysis is based on current employees’ accrued benefit, and retired employees as of June 30, 2021.
This updated valuation includes several changes that have favorably impacted the CERBT fund status, primarily due to healthcare and economic flu ctuations re sulting from the COVID- 19 pandemic. Most notably, investment returns for 2020 -21 reached an unprecedented level of
27.5 percent for the period. This level of return had a significant impact on the overall status of the fund and is not expected to cont inue in future periods. Healthcare premiums were lower
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than anticipated likely due to government funding of pandemic -related healthcare costs, deferral of individual healthcare visits during the pandemic due to personal safety decisions and public health orders and use of CalPERS reserves to keep premiums down.
The full impact on healthcare costs resulting from the pandemic is yet to be determined and is expected to be factored into future valuation reports based on actual experience in costs . As an actuarial study, the calculation is based on the information at this time, which reflects this significantly lower cost. Staff and Bartel Associates are skeptical on the longevity of these lower costs, versus the immediate result of the variables noted previously.
Beginning with this valuation, based on the favorable changes, baseline projections reflect accumulated contributions to the CERB T may be used to pay a portion of the annual retiree medical costs. This is a result of asset growth, where retur ns generated on higher asset levels are sufficient to contribute toward a portion of the annual benefit payments. The ability to use returns for this purpose is a goal of the prefunding strategy and a sign that a good practice is in place. Achieving this s tatus was an ticipated to occur as a result of prefunding, however, has occurred sooner than anticipated due to the favorable impacts discussed above.
Discount Rate Assumptions
The City Council has taken great interest to ensure long -term liability assumptions and costs for pension and OPEB are being proactively addressed, including the adoption of a Pension Policy that assumes a 6.2 percent discount rate for pension costs compared to CalPERS rate of
7.0 percent (CMR 11722) and starting in FY 2023 a potential phased-in reduction to 5.3 percent or alternative rate as designated by Council, to better align with market survey results included in th e most recent CalPERS Asset Liability Management (ALM) study. Additionally, the City Council has taken actions to invest at an estimated discount rate for OPEB of 6.75 percent and transmit additional contributions to prefund OPEB obligations at the equival ent of a 6.25 percent discount rate. The CERBT has subsequently reduced the discount rate from
6.75 to 6.25 percent; therefore, no prefunding is necessary to meet this target beginning with the June 30, 2 021 v aluation.
Through FY 2022, a total of $3.5 mill ion in additional contributions are expected to be contributed to the CERBT.
Discussed above, the ADC is impacted whe n actual experience differs from assumptions. One of the more significant impacts to ADC occurs when actual investment returns do not me et expectations. The following graph presents historical returns, looking back to 2008-09.
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Figure 1: Historical Returns of the OPEB Trust
(Market Value of Plan Assets (MVA) and Expected Return)
Projected Unfunded Actuarial Accrued Liability
This actuarial report includes the plan’s “Funded Status.” As of June 30, 2021, the CERBT Trust is funded at 70 percent, up 1 ,200 basis points from 58 percent in the June 30, 2019 actuarial valuation.
As of June 30, 2021, the Unfunded Actuarial Accrued Liability (UAAL) was $80.0 million for all funds and $51.5 million for the General Fund. Beginning with the June 30, 2013 val uations, the City aligned its actuarial analysis to align with GASB’s rules regarding the “implied subsidy”. The calculation of implied subsidy requires an agency to recognize that it pays the same medical premiums for active employees as those that are re tired. The implied subsidy identifies and accounts for the agency paying the same blended premium for both active employees and retirees, even though the medical cost for active employees is lower than retirees.
Palo Alto had 874 active employees and 1,0 09 re tirees as of June 30, 2021. The calculation increases the UAAL by $15.1 million or 18.9 percent; without the implied subsidy the UA AL for all funds would be at $64.9 million.
Table 3: Unfunded Actuarial Accrued Liability (UAAL)
As of
June 30, 2019*
As of
June 30, 2021
Projected
June 30, 2022
Citywide – UAAL $122,972 $80,027 $76,159
General Fund – UAAL $82,624 $51,522 $49,032
Funded Ratio) 49.0% 67.2% 70.0%
Citywide UAAL % Change from prior valuation -35.0% -38.1% * The June 30, 2019 values are based on a 6.75 percent discount rate. Beginning June 30, 2021, the discount rate has been reduced from 6.75 to 6.25 percent
Sensitivity Analysis: Discount Rate and Amortization Period CalPERS recognizes the varying assumptions that may impact a plan’s unfunded actuarial
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accrued liability and therefore a retiree healthcare plan’s funding status, especially the implications of the discount rate and a mortization assumptions. Therefore, in addition to the actuarial assumptions used to d evelop this annual evaluation, BA includes a sensitivity analysis of the retiree healthcare plan. Table 4 below reflects the impact on UAAL resulting from a reduction in the discount rate. Table 5 reflects the impact on ADC if the UAAL is amortized ov er different timeframes. It should be noted that the Council has adopted a Pension Funding Policy seeking to reach a 90 percent funded l evel in what remains to be approximately 14-15 years, a shorter period that the sensitivity scenarios below.
Table 4: Discount Rate Sensitivity
6.25% (Current) 5.75% 5.25%
Citywide – UAAL $80,027 $94,571 $110,567
General Fund – UAAL $51,522 $60,886 $71,184
Funded Ratio 67.2% 63.4% 59.8%
Table 5: Amortization Sensitivity
22 Years (Current) 20 Years 18 Years
Normal Cost $6,316 $6,316 $6,316
UAAL Amortization $5,112 $5,459 $5,887
Total ADC $11,428 $11,775 $12,203
ADC (% of payroll) 10.3% 10.6% 11.0%
* Includes administrative expenses
Funding for the FY 2023 Including Actuar ial D etermined Contribution (ADC) This section outlines staff’s recommended funding level for OPEB obligations beginning in FY 2023 for Finance Committee review and discussio n and an alternative . Due to the uncertainties noted previously that are unique to this report and given the limited data on the impacts of COVID -19, staff recommend alternatives assumptions that are rooted in the Cit y’s Pension Funding Policy, may be adju sted later in a subsequent fiscal year, and position the City to smooth potential volatility in projected liabilities. A key result of the recovery period as the pandemic moves into an endemic is a need to foster and work towards stability as an organization; this stability helps ensure continued focus on high priority projects, suppor ts recruitment and retention efforts in a competitive labor market, and ensures a readiness and nimbleness to adapt to changes. Acknowledging these lessons, staff recommends the Finance Committee consider an alternative funding approach that adjusts assumptions based on current data and the principles noted above. Staff have also outlined an alternative, or “baseline” scenario for consid eration. This funding level may be adj usted annually based on City Council direction, so long as the baseline ADC is met.
Staff Recommended Funding for FY 2023 OPEB Obligations
Staff recommend adjusting funding from the typical baseline calculation to better align with the current economic outlook , the current instability in the assumptions used to calculate the
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baseline and continue to proactively fund long -term liabilities. R ecommended r evisions to baseline assumptions include:
o Assume a zero percent investment return for the current 2021 -22 period :
The most recent March 31, 2022 quarterly report from CERBT reported y ear-to-date investment returns of negative 1.39 percent as compared to a 6.25 percent target. This scenario assumes investment retu rns of zero percent for the period ending June 30, 2022 to hedge against returns that may not be realized. o Exclude proac tive contributions at a lower discount rate towards the AD C:
Consistent with the pension proactive funding, this would treat the proactive contributions assuming a lower discount rate of 5.75 as if in a separate “trust” or “saving account.” ADC calcu lations will remain at consistent levels and these proactive contributions remain additive to baseline calculations of liability. o Assume a shortened amortization period from 22 to 15 ye ars:
This change in the amortization period will more closely align OP EB wi th the City’s Pension Policy goals to reach a 90 percent funded status over 15 years (by FY 2036) .
The City Council previously app roved a 30 -year closed amortization period of whi ch 22 years remain as of June 30, 2021.
o Assume additional normal costs or “ pay-go” costs:
Adjust funding to include costs for the recommended additional staffing as approved or being considered for approval in FY 2023.
This option results in an FY 202 3 Proposed ADC of $16.3 million citywide ( $9.9 million in t he General Fund), a $0.6 million reduction from the $16.9 million ADC in the FY 2023 Proposed Operating Budget.
Baseline
The bas eline calculation reflects standard actuarial calculation s and exi sting City Council direction assuming the Strategy 1 asset allocation at a 6.25 percent discount rate . Since this rate reflects the 6.25 percent discount rate a pproved by the City Counc il to as sume for additional discretionary payment s to the CERBT Fund, no additional prefunding payments are assumed in th e baseline calculation . Unlike the CalPERS pension plan, additional Cit y contributions do not go into a separate Section 115 trust; instead, they remain in the plan and are included as assets in the CERBT each subsequent year, impacting the calculation of the ADC.
This treatment of prefunding contributions included in assets and effec tively reduce the ADC each future year.
Overall, this baseline reflects an FY 2023 Proposed ADC of $11.4 million citywide ( $7.1 million in the General Fund), a $5.5 million reduction from the $16.9 million ADC in the FY 2023 Proposed Operating Budget.
FY 2023 Proposed Staffing Additional Normal Cost Contributions To be factored in all calculations of funding for FY 202 3 is the potential addition of nearly 60 full-time staff since the June 30, 2021 valuation date: 20 full-time positions during FY 2022, and
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nearly 40 full- time positions in the FY 2023 Proposed Budget (mostly in the General Fund). As reported in this valua tion, t he average salary of active employees is approximately $120,000 and the variable portion of ADC, or normal cost f or current employees, is 5.6 percent of payroll.
Under these assumptions, the retiree healthcare cost of the additional staffing is appr oximately $400,000. Staff recommends that this associated retiree health cost be included in the final budget for Council consideration for FY 2023 adoption in alignment with the assumptions in the recommended option above.
Stakeholder Engagement
The tr ansmittal of the actuarial valuation as of June 30, 2021 begins conversations regarding the fiscal outlook for the City’s OPEB liabilities and the appropriate contribution for the FY 2023 Actuarial Determined Contribution. Public discussion will be held wi th the Finance Committee on June 7, 2022, prior to City Council review and adoption of the FY 2023 Budget, currently scheduled for June 20, 2022.
Resource Impact
The FY 2023 Proposed Budget includes an ADC of $16.9 million, an increase of $0.5 million f rom FY 2022 Adopted levels of $16.4 million. Staff recommendations in this report result in funding levels of $16.3 million, a net savings of $0.6 million from the FY 2023 Proposed Budget in all funds. Funding levels recommended by the Finance Committee will be included as an amendment to the FY 2023 Proposed Budget for City Council adoption of the budget on June 20, 2022. Staff will incorporate this direction on an ongoing basis beginning in FY 2024.
Future funding is subject to City Council a pproval through the annual budget process. The recent market fluctuations and overall impact of the current pandemic are yet to be fully realized. These reports are calculated bi- annually and reflect market conditions at that point in time. This Trust exp erienced gains in this most recent report, however, will continue to be closely monitored.
Environmental Review
This report is not considered a project for the purposes of the California Environmental Quality Act (CEQA). Environmental review is not required.
Attachments:
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youth community service PO Box 61000, palo alto, ca 94306 voice: 650.858.8019 www.youthcommunityservice.org December 16, 2019 Minka Van Der Zwaag Office of Human Services Cubberley Community Center 4000 Middlefield Road, T2 Palo Alto, CA 94303 Dear Minka, We are writing to express our appreciation at Youth Community Service (YCS) for the $50,000 annual City of Palo Alto contract for our Youth Connectedness Initiative (YCI). That three-year contract runs from July 2017 to June 2020 and has an annual $50,000 match from Santa Clara County for a leveraged budget of $100,000. We’re writing to share this 2017-2019 Impact Report on our work on YCI to date in the Palo Alto community with youth ages 14 to 18 and with parents and adult allies. The three-year YCI was a response to surveys showing a need for Palo Alto youth to develop more protective factors against stress, including the CDC Epi-Aid Suicide Prevention Report that reported a youth suicide rate in Palo Alto at 14.1 per 100,000 persons, the highest rate in the County and more than double than that of the County. The YCI project was designed with evidence-based strategies from CDC Epi-Aid recommendations, program strategies from the Search Institute “Developmental Relationships framework,” and decades of Youth Community Service experience. YCI engages youth and adults in service learning and parent/adult education with the aim of building meaningful relationships. YCI is unique in its two pronged approach; a Peer Leader program where youth work on service learning projects centered on wellness, and the Parent Program where YCI hosts workshops for parents and youth-serving adults to educate on increasing protective factors. The 2017-2019 Impact Report includes the following information: • YCI Parent Program survey results demonstrating growing parent engagement and satisfaction, as well as increasing impact through collaboration with multiple wellness program partners • YCI Youth Peer Leader Program description of our peer leader team, events and achievements • Budget information on YCS financial strategies to leverage the annual City budget for greater Palo Alto community impact. We believe that this Impact Report makes a strong case for renewal of an additional 2020 to 2023 three-year contract for the following reasons: 1. The program staff and student peer leader team have established strong momentum and leveraged impact through a growing network of school, City and community partners. We shared costs for our most recent parent educator from Search Institute with YMCA Project Cornerstone, and the event was co-sponsored by over 20 youth and adult wellness partners. 2. YCI program leaders continue to demonstrate outcomes with the four contract deliverables for youth peer leaders, youth participants, and engaged parents and adult allies. 3. Recent surveys continue to express the need for continuation of our work with prevention strategies that build protective factors like connectedness, positive perception of self, service to others, and caring developmental relationships with peers and adults. California Healthy Kids Survey (CHKS) 2018 survey results for 11 graders in Palo Alto report 33 percent who do not “feel like I am part of this school,” 29 percent with “chronic sad or hopeless feelings,” 14 percent who “seriously considered attempting suicide in past 12 months.” With appreciation for our continuing City partnership in this critical work.
Leif Erickson Ashley Yee-Mazawa Executive Director Palo Alto Program Director
Partners City of East Palo Alto City of Menlo Park City of Palo Alto Santa Clara County Palo Alto Unified School District Ravenswood City School District Sequoia Union High School District Kiwanis Club of Palo Alto Palo Alto University Rotary Club Rotary Club of Palo Alto Youth Empowerment Strategies for Success (YESS) Project Safety Net East Palo Alto Re-entry Coalition
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Youth Community Service Youth Connectedness Initiative Impact Report 2017 to 2019 Youth Community Services | 780 Arastradero Rd., Room V-14 | PO Box 61000 Palo Alto, CA 94306 | IRS EIN 20-8099150 | (650) 858-8019 [email protected]
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Youth Connectedness Initiative (YCI) This report is intended to express our appreciation at Youth Community Service (YCS) for the $50,000 annual City of Palo Alto contract for our Youth Connectedness Initiative (YCI). That three-year contract runs from July 2017 to June 2020 and has an annual $50,000 match from Santa Clara County for a leveraged budget of $100,000. We’re writing to share this 2017-2019 Impact Report on our work to date in the Palo Alto community with youth ages 14 to 18 and with parents and other adult allies. The three-year YCI was a response to surveys showing a need for Palo Alto youth to develop more protective factors against stress, including the CDC Epi-Aid Suicide Prevention Report that reported a youth suicide rate in Palo Alto at 14.1 per 100,000 persons, the highest rate in the County and more than double than that of the County. The YCI project was designed with evidence-based strategies from CDC Epi-Aid recommendations, program strategies from the Search Institute “Developmental Relationships framework,” and decades of Youth Community Service experience. YCI engages youth and adults in service learning and parent/adult education with the aim of building meaningful relationships. YCI is unique in its two pronged approach; a Peer Leader program where youth work on service learning projects centered on wellness, and the Parent Program where YCI hosts workshops for parents and youth-serving adults to educate on increasing protective factors. The program’s strength is in its unique structure of two pronged approach with youth and adults. See the student-produced video created for the parent program: https://www.youtube.com/watch?v=zDr7aW8IfPc
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Parent Program: Deliverable: Increase parents and adults’ awareness of ways to help build youth connectedness and developmental relationships.
See the following pages for YCS Youth Connectedness Workshops and Events details
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Talk to Me: 12/5/18 28 participants (20 adults, 8 youth) Description: a facilitated conversation between adults and youth to raise awareness of the importance of youth feeling like they belong and building relationships that help youth thrive.
Listen to Me: 3/26/19 40 participants (30 adults, 10 youth) Description: A Facilitated conversation and presentation from Susan Stone Belton on how to communicate and develop skills in listening and talking. Guest speaker: Susan Stone Belton
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Connect with Me: Planned for December 2019, Connect with Me will offer participants a space to share stories with one another through a facilitated conversation from a parenting expert and therapist. During the event, YCI Peer Leaders will debut their depression awareness video they created in collaboration with the Gunn and Paly Wellness Centers. Strengthening Families & Developmental Relationships: 11/2/19 61 participants (59 adults, 2 youth) Description: The workshop addressed families and relationships. The Search Institute facilitated the workshop and taught participants about the Developmental Relationships Framework. Participants will reflect on their own relationships and families through the lens of Search Institute’s innovative research. Our keynote speaker was Jim Conway, who brought over 25-years experience in the youth development field to the workshop with our community.
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Strengthening Families: YCS Partners
Partners in Attendance and Their Clients’ Locations Organization Region *CASSY: Counseling and Support Services for Youth www.cassybayarea.org Palo Alto, Milpitas, Los Gatos, & Campbell *Gunn & Paly High Wellness Centers https://gunn.pausd.org/wellness-counseling/wellness https://paly.net/counseling-wellness/wellness-center-counseling-resources Palo Alto
Palo Alto Family YMCA: Dedicated to building healthy, confident, connected children, adults, and families www.ymcasv.org/locations/palo-alto-family-ymca Palo Alto Palo Alto Medical Foundation: Dedicated to improving health in communities www.sutterhealth.org/pamf Southern San Mateo County and Northern Santa Clara County *Parents Place: “One-stop-shop for all your parenting needs” www.parentsplace.jfcs.org/location/peninsula San Francisco, San Mateo, and Santa Clara Counties Project Cornerstone: Helping all children and teens feel valued, respected, and known. www.ymcasv.org/ymca-project-cornerstone Santa Clara County and Southern San Mateo County *Safe Space: Youth programs and mental health services www.safespace.org/ San Mateo County *New partnership with YCS
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Strengthening Families: Results
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Peer Leaders:
A dedicated group of youth in the Peer Leader program create service learning projects and build healthy relationships that help youth thrive. The high school student participants have weekly activities for which they are compensated with stipends or service hours. Deliverables: A) Engage other participating youth/peers in community service and learning to build protective factors and connectedness to community, school, and family. B) Youth will demonstrate their understanding of ways to plan and implement workshops and activities to increase protective factors and connectedness among youth peers. C) Participating youth will demonstrate an increase in indicators for protective factors and connectedness. Number of students: 2018-19: 14 Peer Leaders 2019-20: 17 Peer Leaders with additional students starting in January 2020 Peer Leader Projects: 2018-19 Food Drive ● Food Drive for Ecumenical Hunger Program (EHP) worked in collaboration with Sacred Space and community members to find donations ● Deliverable(s) Demonstrated: B Thank You Grams with Gunn Wellness Center and ROCK ● Peer Leaders decided to do Thank you Grams for students as finals are upcoming and it would be a nice reminder to send everyone on how special they are. ● Deliverable(s) Demonstrated: B, C, D Youth Takeover for Wellness ● The intention of this event was to open the Palo Alto City Hall Chamber with music and collaboration among youth group. Goal was for youth to occupy the space where power is held and make it their own. The youth
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were the leaders with adult staff supporting. There were resource tables and workshops as well as music and fun. This event was open to all youth (middle school to recent high school graduates). YCI Peer Leaders participated along with students from two Gunn High School groups named ROCK (Reach Out Care Know) and Bring Change 2 Mind. 89% of youth surveyed were interested in attending a similar event in the future. ● Deliverable(s) Demonstrated: C, D Talk to Me Video: Awareness and Communication ● The Talk to Me video was made to raise awareness on how different styles of parenting affect their kids, and how to approach issues differently. The video was shown at the two Parent events that were put on last year, and also shared on the website. On YouTube, it currently has 151 views. The peer leaders completed the video on their own, without collaborations. ● Deliverable(s) Demonstrated: B, C Presentation at NYLC ● Two Peer Leaders traveled to Philadelphia to present at the National Youth Leadership Conference (NYLC), a national service learning conference. Their workshop, “From Blues to Belonging,” was on their work and to inform participants about trauma and stress and how to build resilience and wellness through service learning. They shared their Anxiety video and co-presented with the Youth Coordinator, YCS Executive Director, and former YCS Board Chair. ● Deliverable(s) Demonstrated: C Fall 2019 Open Mic ● The open mic event “Bands and Brew” will be held at a coffee shop on Stanford campus. The theme of the event is connectedness. They are encouraging every artist that signs up to incorporate the theme is some way. Their ultimate goal with the event is to create a “connected” environment through art and music and people of all ages are welcome to listen and participate. ● Deliverable(s) Demonstrated: C, D Depression Awareness Video ● The depression awareness video is a video that shares the stories of a few Palo Alto students and their experiences with depression. Peer Leaders are currently collaborating with the Paly and Gunn Wellness Centers. The intended audience is anyone who might find comfort hearing similar stories and similar events. There is an option for youth to be anonymous and have their faces blurred out and voice masked. The video will be shared on our website, and also shown at YCI events, such as possibly our open mic, and parent events. ● Deliverable(s) Demonstrated: B, C
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Youth Connectedness Initiative Testimonials "YCI has really helped me learn about my community and how to connect people together in order to create change" –Ashley Q. Peer Leader "I like YCI because there's a big sense of community and you can really see that in all your interactions with other peers" –Valeria W., Peer Leader “The leaders were really able to connect with all the people and I felt like I was in a safe place to talk with them.” –Youth Takeover for Wellness youth participant “It is not too late to learn how to connect with my children” –Talk to Me adult participant “Empathy, listen the way you want to be listened to” –Listen to Me adult participant “Thank you for bringing this workshop to the community” –Strengthening Families participant “What was done today is an amazing experience” –Strengthening Families participant
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2019-20 Youth Connectedness Initiative (YCI) and YCS Annual Budgets Youth Community Service is pleased to accept the $50,000 annual contract from the City Palo Alto, and leverage it, as shown below, with a matching $50,000 YCI contract with Santa Clara County Behavioral Health Services, in the broader context of our $237,000 budget for YCS programs addressing young people in Palo Alto, and the total YCS program budget of $703,000. The work of YCS paid staff is further leveraged for wider community impact through extensive use of collaborative partners, in-kind support (office space and transportation), and engaged adult and youth volunteers in our service and wellness programs and events. Expense budget detail for the combined $100,000 YCI program budget is shown below.
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Report Summary The 2017-2019 Impact Report included the following information: • A description and overview of the purpose and objectives of the three year contract with the City of Palo Alto. • YCI Parent Program survey results demonstrating growing parent engagement and satisfaction in Palo Alto, as well as increasing impact through collaboration with multiple wellness program partners • YCI Youth Peer Leader Program description of our Palo Alto peer leader team, events and achievements • Budget information on YCS financial strategies to leverage support and overall reach The Continued Need We believe that this Impact Report makes a strong case for renewal of an additional 2020 to 2023 three-year contract for the following reasons: 1. The program staff and student peer leader team have established strong momentum and leveraged impact through a growing Palo Alto-based network of school, City and community partners. We shared costs for our most recent parent educator from Search Institute with YMCA Project Cornerstone, and the event was co-sponsored by over 20 youth and adult wellness partners. 2. YCI program leaders report to City staff on a monthly and quarterly basis to align our work and demonstrate outcomes with the four contract deliverables for youth peer leaders, youth participants, and engaged parents and adult allies. Project leaders also coordinate our Palo Alto strategies with County-wide meetings of School-Linked Services Stakeholders and Bi-Monthly Meetings, as well as Suicide Prevention Stakeholders Meetings with Mego Lien. 3. Recent surveys continue to demonstrate the need for continuation of our work with prevention strategies that build protective factors like connectedness, positive perception of self, service to others, and caring developmental relationships with peers and adults. California Healthy Kids Survey (CHKS) 2018 survey results for 11 graders in Palo Alto report 33 percent who do not “feel like I am part of this school,” 29 percent with “chronic sad or hopeless feelings,” 14 percent who “seriously considered attempting suicide in past 12 months.” We look forward to working with City staff to renew our contract application for inclusion as a City match to the County contract in the new year’s budget.
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City of Palo Alto (ID # 14143)
City Council Staff Report
Report Type: Action Items Meeting Date: 6/20/2022
City of Palo Alto Page 1
Summary Title: CDBG FY 2023 Annual Action Plan & Substantial Amendment to FY2021 Annual Action Plan
Title: PUBLIC HEARING: Adoption of the Community Development Block Grant Funds (CDBG) Fiscal Year 2022-23 Annual Action Plan and Adoption of a Resolution Approving Use of CDBG Funds for FY 2022-23; Approval of a Substantial Amendment to the CDBG Fiscal Year 2020-21 Annual Action Plan and Adoption of an Associated Resolution; and Budget Amendment in the FY 2023 Operating Budget in the CDBG Fund
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
A. The Human Relations Commission (HRC) and staff recommend City Council take the following actions:
1. Adopt the draft Fiscal Year 2022 -23 Annual Action Plan (Attachment A) and the associated resolution (Attachment B) allocating Community Development Block Grant (CDBG) funding for Fiscal Year 2022-23;
2. Authorize the City Manager to execute the Fiscal Year 2022 -23 CDBG application to fund the Fiscal Year 2022-23 Annual Action Plan and any other necessary documents concerning the application, and to otherwise bind the City with respect to the applications and commitment of funds; and
3. Authorize staff to submit the Fiscal Year 2022 -23 Annual Action Plan (Attachment A) to U.S. Department of Ho using and Urban Development (HUD) by the July 12, 2022 deadline.
B. Staff recommend City Council take the following actions:
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1. Approve CDBG Substantial Amendment to the Fiscal Year 2020 -21 Annual Action Plan to reallocate $194,501 of CDBG-CV funding to two new projects;
2. Adopt a Resolution (Attachment C) reallocating CDBG -CV funding as recommended in the above action and as described in this report; and
3. Authorize staff to submit CDBG Substantial Amendment to the Fiscal Year 2020-2021 Annual Action Plan to HUD.
4. Approve and authorize the City Manager to accept $653,168 in grant funding from the U.S. Department of Housing and Urban Development (HUD)
5. Approve an amendment to the Fiscal Year 2023 Operating Budget Appropriation for the Community Development Block Grant Fund (requires 2/3 approval) by:
a. Increasing the revenue estimate by $847,669; and
b. Increase expense appropriations by $761,307; and
c. Increase estimated ending fund balance by $86,362.
Executive Summary:
This report discusses two distinct actions for the CDBG program, one for the adoption for the FY2023 Annual Action Plan and one for the approval of a Substantial Amendment to the FY2021 Annual Action Plan (AAP).
FY2023 Annual Action Plan
The City is preparing for its second year of a two-year CDBG funding cycle for FY2023. On March 10, 2022, the HRC reviewed the eligible programs and recommended the funding allocations for each project as reflected in the draft AAP (Attachment A). The Council is requested to review the draft FY2023 AAP and approve the recommended funding allocations identified in the document. Council’s approval of the AAP will be recorded by Resolution, see Attachment B.
The CDBG federal appropriations for FY2023 were released by the U.S. Department of Housing and Urban Development (HUD) on May 13, 2022. The total amount available for allocation in FY2023 is $653,168, which includes the City’s entitlement grant ($513,168) and estimated program income ($140,000).
FY2021 Annual Action Plan Substantial Amendment
The City was informed b y the CDBG subrecipient LifeMoves that they no longer needed the remaining funds allocated to them in fiscal year 2020 -21. These funds supported a Rental Assistance Program and specifically came from CDBG -Coronavirus (CDBG -CV) grants. The remaining funds t otal $194,50 1 Staff investigated other funding opportunities for eligible 29 Packet Pg. 657
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CDBG-CV activities for the reallocation of the $194 ,501. The staff recommendation is to fund $160,300 for Move Mountain View to support a safe par king program and $34,20 1for LifeMoves to administer a COVID-19 testing program.
Background:
The CDBG program, administered by HUD, provides annual grants on a formula basis to states, cities, and counties. These grants are allocated to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities, principally for low - and moderate-income persons. The HUD regulations require all CDBG funded activities to meet one of the three national objectives listed below:
1. Benefit low-and very-low-income persons;
2. Aid in the prevention or elimination of slums or blight; or
3. Meet other community development needs having particular urgency or posing a serious and immediate threat to the health or welfare of the community.
The Palo Alto CDBG program has primarily been focused on meeting the first objective of benefiting low- and very-low-income persons. The applications recommended for funding are consistent with this objective. For general information on the CDBG program, please visit:
https://www.hudexchange.info/programs/cdbg-entitlement/.
Consolidated Plan & Annual Action Plan
HUD requirements include the preparation of a five -year strategic plan of action, referred to as a Consolidated Plan. This plan addresses priority housing and community development needs and sets goals for attaining identified objectives. Currently, Palo Alto’s CDBG program is guided by the 2020 -2025 Consolidated Plan 1 adopted by Council in 2020. Every year, an AAP is prepared to identify the specific projects to be funded by the CDBG program; these projects must further the implementation of the Consolidated Plan str ategies. As Council reviews the proposed projects and recommends funding allocations, consistency with the Consolidated Plan goals is a primary consideration.
Annual Action Plan Amendments
Under specific circumstances, when the City’s CDBG funding situat ion changes, amendments to the AAP may be required. There are two types of amendments:
1. Minor Amendments: Changes to a previously adopted Consolidated Plan or Annual Action Plan that does not meet the thresholds to qualify as a Substantial Amendment. Minor amendments are typically processed at a staff level.
12020-2025 Consolidated Plan:
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2. Substantial Amendments:
(a) A change in the use of CDBG funds from one eligible activity to another; (b) The implementation of an activity not previously identified in sufficient detail to provide affected citizens an opportunity to submit comments; or (c) A change in an activity’s program budget which exceeds ten percent of the City’s latest annual entitlement grant; and
(d) Staff seeks Council approval for substantial amendments.
The recommendations for the realloca tion of $194,501CDBG-CV funds require a Substantial Amendment, which is explained in more detail in the Discussion section below.
FY2023 Application Review Process
Funding applications for “Public Improvements and Facilities” projects were made available on December 13, 2021. A notice of funding availability (NOFA) was published in the Palo Alto Weekly on December 13, 2021, with completed applications due by January 14, 2022. A mandatory pre -proposal conference was conducted on January 7, 2022, to assist a pplicants with program regulations and project eligibility questions. For FY2023, the second year of a two-year funding cycle, the City did not receive any new funding applications for Public Improvements and Facilities projects.
Typically, when new appl ications are received, the initial step in the review process is the determination that the applications are compliant with HUD’s eligible activities 2 and National Objectives.3 This process involves staff reviewing the application materials and communicati ng with the applicant as needed to clarify details in the application.
For FY2022 (year one of funding cycle), the City approved eight funding applications. Seven of those projects were carried over into the 2022-23 CDBG program year. These seven project s were reviewed on February 24, 2022, by the HRC Selection Committee who made the initial project funding recommendations to the full HRC. At the regularly scheduled public hearing on March 10, 2022, the HRC made the funding recommendations reflected in th e draft AAP for Council consideration. Once adopted, the AAP will be submitted to HUD by the deadline (July 12, 2022) as the last step in the process.
Annual Action Plan Citizen Participation
2 CDBG Matrix Codes:
https://files.hudexchange.info/resources/documents/Matrix-Code-Definitions.pdf 3 CDBG National Objectives:
https://www.hudexchange.info/sites/onecpd/assets/File/CDBG -National-Objectives-Eligible-Activities-Chapter-
3.pdf
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As per HUD’s regulations and the City’s adopted Citizen Partici pation Plan 4, the City must ensure adequate citizen participation in the CDBG funding process. Prior to the submission of the AAP to HUD, the City must hold two public hearings; one hearing, followed by a 30 -day circulation and public comment period, followed by one more public hearing.
The HRC meeting on March 10, 2022 served as the first public hearing , and the City Council meeting on June 20, 2022 will serve as the second public hearing. After the presentation of the draft FY2023 AAP (Attachment A) to the HRC, the AAP was circulated for public review and comments for a required 30 -day period that began on April 2, 2022, and concluded on May 2, 2022. Due to unforeseen changes in circumstance with one subrecipient (i.e. Downtown Streets Team), the AAP was modified and recirculated for public comment from May 20, 2022 through June 20, 2022. At the time of this report, staff did not receive any public comments on the draft AAP.
HRC Review - Recommended Allocation for FY2023
At the time of the HRC review, th e CDBG federal appropriations for FY2023 was not known. For budgeting purposes, staff estimated the City’s HUD Entitlement Grant for FY2023 based on a 10% reduction from the FY2022 entitlement grant. The estimated total amount available for allocation in FY2023 was $665,459, which included the entitlement grant, program income, and previous year’s resources. The recommended allocations continue to address housing and the needs of housing-insecure individuals and households. For more information, please revi ew the associated report for the meeting.
On March 10, 2022, the HRC considered the fund ing recommendations of the HRC Selection Committee and voted 4 -1 to recommend Council approve the draft FY2023 AAP. The HRC discussed the estimated funding allocations based on program budget, availability of additional resources, the federal spending caps , and total available CDBG funds. The HRC inquired about the criteria that was used by the Selection Committee for funding recommendations.
Additionally, since the City’s CDBG grant amount was not known at the time of the meeting, HRC recommendations were based on estimated allocations and a funding contingency plan as follows:
If the City receives additional funds beyond the estimated allocation, the HRC supports the funding contingency plan to (1) allocate additional funds to projects within the Public Services to match what was funded this year (FY2022), and (2) allocate 4 Adopted Citizen Participation Plan 2020:
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additional un -capped funds to the 50 -unit low-income housing project at 525 E.
Charleston Road, with the following modifications:
a. For the programs in the Public Services category, Proj ect Sentinel shall be given first priority for full funding to match FY2022 allocation, and b. Staff shall consider additional funding for Rebuilding Together Peninsula.
The FY2023 allocation amounts have been updated based on the HRC’s recommendations and updated funding sources and are summarized in the Discussion section of this report. At the time of this report no minutes were available online but a video recording is available for viewing: HRC Meeting - March 10, 2022 - YouTube.
Discussion:
This report section is divided into the two topics, one for the FY2023 AAP and the other for the FY2021 AAP Substantial Amendment.
FY2023 Annual Action Plan
Summaries of the FY2023 CDBG grant amount, projec t funding categories, and proposed allocations are provided below.
Funds Available for Allocation in FY2023
The CDBG federal appropriations for FY2023 was received on May 13, 2022 . The total amount available for allocation in FY2023 is $6 53,168, which inc ludes the entitlement grant and estimated program income, as summarized below in Table 1. The recommended allocations continue to address housing and the needs of housing-insecure individuals and households.
Table 1: Summary of FY2023 CDBG Funding
FY2022-2023 Entitlement Grant $513,168
Estimated Program Income in FY2022 -23 from Alta Housing generated from loan repayments and rental income in excess of expenses on specific properties acquired or rehabilitated with CDBG funds $140,000
Total Available for Allocation $653,168
CDBG Funding Categories and Funding Applications
The CDBG program has five primary activity areas to allocate funds to: (1) Public Services, (2) Planning and Administration, (3) Economic Development, (4) Ho using Rehabilitation, and (5) Public Improvements and Facilities. Federal regulations limit the amount that can be spent on two categories: planning and administration and public services. No more than 20% of the City’s entitlement grant and estimated prog ram income for the following year can be spent on planning and administration. Similarly, there is a maximum spending cap of 15% of the grant 29 Packet Pg. 661
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allocation and 15% of any program income received during the previous fiscal year on the public services category. The amount available to allocate in each of the activity area is summarized below.