HomeMy WebLinkAbout2023-11-28 Finance Committee Summary MinutesFINANCE COMMITTEE
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Special Meeting
November 28, 2023
The Finance Committee of the City of Palo Alto met on this date in the Community Meeting
Room and by virtual teleconference at 5:31 PM.
Present In Person: Burt, Lythcott-Haims, Stone
Present Remotely: None
Absent: None
Action Items
1. Discussion and Recommendation to the City Council to Accept the Macias Gini & O'Connell's
Audit of the City of Palo Alto's Financial Statements as of June 30, 2023
Assistant Director of Administrative Services Department Christine Paras noted [inaudible]
below the appropriation limit. They were still within compliance. Staff had fixed the calculation
error going forward, and hopefully they would not have that finding next year.
Assistant City Manager Kiely Nose stated there was a very old law that would ensure Palo Alto
staying in balance with state calculations of appropriations based on revenues. It was
something Council approved yearly as part of the budget process. It was called the GANN limit,
and the calculation was based on population, and staff accidentally used the wrong factor.
Once the factor was fixed, they were well within state limits. It was not a good or a bad thing
but just an error.
MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Stone to
recommend the City Council approve the City of Palo Alto’s audited financial statements for the
fiscal year ended on June 30, 2023, and the accompanying reports provided by Macias Gini &
O’Connell LLP
MOTION PASSED: 3-0
2. Approval of the FY2023 Annual Comprehensive Financial Report (ACFR), Year-End Budget
Adjustments in Various Funds, and a Resolution to Extend and Amend the Development
Services Reserve Fund Policy
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Assistant Director of Administrative Services Department Christine Paras declared that a clean
audit opinion had been received on the ACFR. It had been uploaded to the City’s website for
anyone to view. She noted that the City received the Excellence in Financial Reporting Award
from the Government Financial Officers Association. She displayed slides and noted that the
presentation had been broken into government-wide financials and fund financials. The
government-wide encompassed all the City’s funds. She provided a slide with bar charts, and
she detailed the government-wide total net position. She furnished a slide showing the
summary of the government-wide statement of activities, which she outlined. She commented
that a primary driver of the expense increase was adjustments for pension and retiree medical
obligations as required by GASB 68 and 75, and a description of GASB 68 and 75 were in the
Staff Report on Packet Page 55. She presented a slide outlining fund balances of governmental
activities. She provided a table summarizing the General Fund Budget Stabilization Reserve,
which was on Packet Page 65, and staff recommended, by Council policy, that the $3.3M in
excess of the 20% target be sent to the Infrastructure Reserve and the 115 Trust. After
considering the 2024 recommended adjustments, which would be presented to Council in
February 2024, there was a projected BSR balance of $53.7M. She detailed and shared a slide
related to the General Fund. She supplied a slide detailing the total of all revenue categories,
which she outlined. She spoke about the Excess Revenue Allocation Fund (ERAF), which was a
calculation of property tax increments going to cities in excess of a certain calculation.
Assistant City Manager Kiely Nose added that based on the state budget a certain quota
essentially needed to be filled for schools, and once the quota was reached, anything above
that turned into “excess,” which would be distributed to counties and subsequently all
recipients. It fluctuated based on that calculation.
Assistant Director Paras summarized a slide showing the budget-to-actual view of all the City’s
General Fund departments. She furnished slides comparing actuals of General Fund expenses
and the Enterprise Fund net positions, which she elaborated on. She presented a slide outlining
Attachments B and C and discussed their content. Staff expected to bring forth an updated
Development Services Revenue Fund policy for Council’s consideration. In that time, staff
recommended Council extend that policy through FY2025. It was anticipated that a cost-of-
service study would be brought forward in January 2024.
Public Comments
Jasmina Bojic, Director and Founder of the United Nations Association Film Festival, thanked
the Committee and City Council for an 11-day film festival. She provided the Committee with a
gift, which she declared was below $5 in cost. There would be a screening of some of the films
from the festival at the libraries on November 30 and December 7, and she invited the
Committee to attend. The film festival next year would be held October 17 to 27 at Mitchell
Park.
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Council Member Lythcott-Haims asked how the $83.3M increase in the net position came about
and what it meant. She asked if it was standard practice that the excesses in the General Fund
Budget Reserve be split 50/50 between the Capital Fund Infrastructure Reserve and the Section
115 Pension Fund. Her instinct was to give more to the unfunded pension liability. She
requested that the typo on Page 54 be corrected to reflect Section 115 instead of 114.
Assistant City Manager Nose thought it was important that everybody understand that the net
position was very different than what was discussed when doing the financial planning and the
budget actions. She explained that that the calculation discussed in May was not the same
calculation used for the net position. She elaborated on how the budget calculation was
brought forth by staff. The calculation was somewhat the financial status of an organization and
should be a positive number, and Council worked to make that positive, which she provided an
example of. She noted that they struggled every year in how to calculate the statement of net
position/financial totality as an organization versus what was used for annual financial
planning. The two numbers were reconciled, although they were calculated in a very different
way. As for the excess in the General Fund Budget Stabilization Reserve, it had been a unique
practice to bring it forward to the Committee and Council for a decision, which had been done
since COVID. Council’s adopted practices were that the City Manager had the discretion at the
end of the year to transfer any excess funds 50/50 between the 115 and the Infrastructure
Reserve. The City Manager at the end of the year could have taken the $3M and automatically
done the transfers, but because the City had been in a somewhat COVID recovery period, they
had been bringing it forward, for transparency, and doing it at midyear. She recommended that
it revert to the Council-adopted policy. She explained why it would be split into both.
Chair Burt added that a surplus amount of revenue versus expenses in a given year was
considered. He provided a definition of assets, which were not considered income or expenses.
He explained why they tried to have modestly conservative projections on expenses and
revenues when there was a surplus amount, and typically the balance was divided between the
pension liability and the Capital Fund.
Vice Mayor Stone requested an explanation of the pie chart on Slide 3 showing unrestricted at
$28.9M. He queried if this was the highest the BSR had been since it had been established. He
questioned how the adjustments required by the GASB could lead to such a dramatic increase.
He asked if projections being off by $3M was good or bad.
Assistant Director Paras answered that the $28.9M was city-wide, so it included Enterprise
funds. Concerning how the adjustments required by the GASB could lead to such a dramatic
increase, for the most part, a lot of the standards they issued were on an accounting basis, and
staff was somewhat bifurcating the accounting basis and presentation versus budget and
financial planning. She provided an example. The GASB pronouncements provided a different
view when presenting at the entity-wide level, for example, because when looking at the
budget for financial planning purposes, staff was looking primarily at the fund level where a lot
of the adjustments would not be made.
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Assistant City Manager Nose added that Slide 3 was also the accounting calculation, which had
not been refined for the specific budgetary calculation. The $28.9M was the net position and
included the assets and liabilities (paper transitions) in addition to cash transactions. She
voiced that Slide 6 listed the reconciling of the actual BSR, which was the funding Council could
spend in the event of an emergency or other priority. In terms of a year-end appropriation, she
did not know if this was highest the BSR had been since it had been established. She clarified
that it was always a percentage of the General Fund budget. She thought this year’s General
Fund budget was the largest the organization had seen recently. On a percentage basis, it was
standard and well within the range of how a year typically ended. The projections being off by
$3M was scary to her and was razor thin, which she elaborated on.
Chair Burt added that the issue was not projecting it accurately, but with all the factors, it
would be assumed everything would average out within a range. He remarked that when the
last budget was approved, the budget projection range had been narrowed, and in most years,
the projection had been more conservative than this year, which was why there was routinely a
surplus in operations, and that surplus was being counted on to pay for infrastructure and the
unfunded pension liability. He noted that the BSR standard was 15% to 20%, and the target was
the upper end of that range in the budget, which currently came in a little above that, so even if
this year there had been a shortfall, there was the Stabilization Reserve, which had been
targeted at 20% due to a concern of economic uncertainty. He mentioned that going forward
there may be a lagging impact on some of the revenue sources, such as property and sales
taxes. He suggested that Slide 8 make note of the cumulative inflation from 2019 through 2023.
If adjusting for inflation, he did not think there was an increase but instead a decrease in tax
revenues in that period.
Assistant City Manager Nose thought that was a fair statement.
Vice Mayor Stone asked what the implications would be for Palo Alto if Santa Clara County was
audited for excess ERAF, like Marin County.
Assistant Director Paras responded that Marin County was challenging the ERAF calculation, so
Santa Clara County had advised reserving a portion of the ERAF revenues. Within the balance
sheet, $4.1M had been reserved, which represented 22%, the prescribed range that the county
felt was at risk within the balance sheet. If ERAF funds needed to be returned, that amount was
set aside to hopefully mitigate that risk.
Chair Burt questioned if those dollars were on the balance sheet but not being spent at this
time.
Assistant Director Paras answered that the dollars were set aside.
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Assistant City Manager Nose added that Council had had a reserve in place for a few years
because of continual challenges to this revenue stream.
Chair Burt thought it should be noted that that was a prudent and conservative approach.
Assistant Director Paras stated that was in the unrestricted portion of things.
Chair Burt wanted prior Council policy to be considered concerning the surplus of the BSR and
asked when and how the policy could be reviewed. He queried how it would align with the
50/50 policy if it was discretionary by the City Manager. He felt the 50/50 split was correct, but
he could envision times when that should be split differently.
Assistant City Manager Nose responded that reviewing that would be a recommended referral
from the Finance Committee to the Full Council, and Council would then need to direct staff to
review. There were two policies – the BSR Infrastructure Reserve Policy and the Pension
Funding Policy – both of which indicated the excess BSR be split 50/50 between the two. Both
policies would need to be changed if Council should choose to review and authorize it on an
annual basis. As for aligning with the 50/50 policy if it was discretionary by the City Manager,
she voiced that it was not discretionary by the City Manager, but the City Manager had the
ability make the 50/50 transfer in alignment with Council policy. She outlined how that would
occur and what the difference would be the policy was changed. If the policies were left as they
were, with that discretion, the City Manager still had to go to Council to fix the appropriations,
and she detailed how increasing a specific transfer would occur. There would always be
flexibility to not move forward with the appropriation actions, and adjustments could be made.
Chair Burt liked the policy as a guidance but not necessarily as a formula to always be followed,
the discretion of the City Manager to make a recommendation based on the guidance, and that
the decision would be a Council decision in an affirmative way. He asked how the item should
be referred to Council.
Assistant City Manager Nose answered that this evening’s motion should recommend Council
refer it back to staff, so upon presentation to the Full Council, Council would need to approve
the referral for staff to revisit the policies.
Council Member Lythcott-Haims liked the idea. Assuming this moved forward, she voiced that
there would need to be context of the 115 Trust and the Capital Infrastructure Fund balances so
Council would have a sense of what the correct split should be.
Assistant City Manager Nose remarked that Council, as part of the Pension Funding Policy, was
to review it every four years, and it had just been reviewed, changes made, and it was affirmed.
She explained why she cautioned against having context of the balances.
Chair Burt agreed, but he stated it should be affirmative action by the Council.
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Vice Mayor Stone asked if the current process was the City Manager making the 50/50
recommendation to Policy and Services for approval and then it going to City Council.
Assistant City Manager Nose replied that Council had two policies – one for the Infrastructure
Reserve and excess BSR for that and another policy for long-term funding obligations. Both
policies had allocations and set priorities that excess funds would be split 50/50. In alignment
with that policy, at the end of the year, the financial transactions to uphold those policy choices
could be done administratively by the City Manager. Council had signed off on it previously by
approving the policies, and to finalize the transaction, any appropriation action would have to
be approved by Council. The City Manager would follow Council policies, but to execute the
transaction, the appropriation would have to go through Council, which was the guardrail, and
the City Manager did not have the authority to deviate from the 50/50 split. Council could
choose to not appropriate the funds, to make the transfers, or do nothing. She thought Chair
Burt preferred an affirmative approach and that the City Manager present a recommendation
as opposed to the City Manager executing on the policy and bringing the appropriation action
forward for the Committee and Council to approve or deny.
Chair Burt added that the distinction would be giving guidance earlier on as opposed to at the
appropriation level, which was the end of a process, which may have to be vetoed.
Vice Mayor Stone asked how this referral to Council would proceed.
Assistant City Manager Nose thought it would be similar to the Committee making referrals
through the budget process, so the Committee would recommend approval of the document,
for example, and recommend the Council refer X to staff, and then Council would review the
item recommended for approval as well as the referral and make a decision whether to refer it
to staff.
Vice Mayor Stone asked if the policy should pass if it would be an annual action item for the
Finance Committee and if the Finance Committee would then make a recommendation for
Council that would likely go on Council’s consent calendar.
Assistant City Manager Nose did not recommend it be done annually. She thought it would be a
referral that would happen during calendar year 2024.
Chair Burt thought Vice Mayor Stone was referring to the change in policy being adopted.
Assistant City Manager Nose replied that this would be done as part of the year-end action and
report of the ACFR. Staff would make a recommendation that would then be implemented six
months later. The cost of doing this would be six months of investment earnings in a 115 Trust
due to the delay in the decision. Funds would be in the General Fund and basically the bank
account until midyear as opposed to being able to transfer the funds in February.
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Chair Burt asked why it could be done six months sooner if it was the City Manager’s role to
automatically follow the policy.
Assistant City Manager Nose explained why it could be done six months sooner.
Chair Burt did not understand why giving guidance earlier than approving an appropriation
would delay investment timing.
Assistant City Manager Nose explained further why giving guidance earlier than approving an
appropriation would delay investment timing.
Vice Mayor Stone supported Council discussing the issue.
MOTION: Chair Burt moved, seconded by Council Member Lythcott-Haims to recommend the
City Council approve:
1. The City’s Fiscal Year (FY) 2023 Annual Comprehensive financial Report (ACFR) and
reports collectively referred to as the Single Audit;
2. Amend the FY 2023 Budget Appropriation for various funds as identified in the attached
Recommended Amendments to the City Manager’s FY 2023 Budget
3. Adopt a resolution to extend and amend the Development Services Reserve Fund (DSRF)
Policy
4. Recommend that the Council refer to staff review of the approval process for excess BSR
allocations in both the long-term retiree benefit funding policy and capital infrastructure
reserve policy.
MOTION PASSED: 3-0
Future Meetings and Agendas
Assistant City Manager Kiely Nose announced there would be a meeting on December 5 at 5:30
p.m. The agenda was out, and staff was finalizing the Staff Report, which would be issued as
soon as they were completed. She would email the Committee, and the clerk would post
publicly as soon as they were ready. There was one item on the agenda for review, which was
the long-range financial forecast, and there would also be an information item updating the
Committee on the status of any referrals made to the Committee.
Adjournment: The meeting was adjourned at 6:50 P.M.