Agenda packet — Los Altos City Council, September 20, 2022 (part 10 of 11)

Governing body – The Los Altos City Council, who will annually review this policy and approve, by ordinance, for the adoption of this ordinance and the approval of the annual report. elected or appointed body that oversees the .

POST - Peace Officer Standards and Training
SWAT - Special Weapons and Tactics
Military equipment – Per AB 481, military equipment means the following: i Includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry Policy
709
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Agenda Item # 11.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 2 apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 2793
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 3 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Not withstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine resistant ambush protected ( MRAP ) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles ( HMMWV ), two and one half ton trucks, five ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one person ram.
• Firearms and ammunition of _ .50 caliber or greater, excluding standard issue shotguns and standard issue shotgun ammunition.
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Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 4 • Specialized firearms and ammunition of less than _ .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices ( LRADs ).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Los Altos Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment". "Military equipment" shall be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST).

See the Military Equipment Inventory List (section 709.4) for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• • Los Altos Police Department Policy 300 (Use of Force) • Los Altos Police Department Policy 308 (Control Devices and Techniques) It is the policy of the that members of this comply with the provisions of Government Code § 7071 with respect to military equipment.
• Los Altos Police Department Policy 312 (Firearms)
• Los Altos Police Department Policy 414 (Hostage and Barricade Incidents) • California Assembly Bill No. 48 (Use of Kinetic Energy Projectiles and Chemical Agents-Assemblies, Protests, and Demonstrations)
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
This policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. 2795
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 5 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:
[Ed. Note: why did you change the itemization of equipment items from numerical to alphabetical? This creates a confusing hierarchy where letters are directly subordinate to letters. For example, 709.4(a)(a) points to “Description, quantity…”. Instead, either revert to using numerical assignments for each item of equipment, as in the original 709.4.1(a), or retain the alpha, but change the subordinate insets to numbers, for example, 709.4(a)(1) points to “Description, quantity…”] (a) 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less lethal 40mm impact baton projectile fired from a single 40mm grenade launcher 2796
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 6 with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 7 (b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following:
however, other situations not listed here may also be deemed authorized use cases under applicable penal codes ad case law, and, in general shall reflect necessary, reasonable, and proportional use of less lethal weapon systems: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(b) Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers 2798
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 8 and a suspect reducing the immediacy of the threat which is a principle of deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Subject to subsection (g) below, s Situations for use of the less lethal weapon systems may include, but are not limited to the following: :
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. 2799
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 9 (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force. (c) 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR RIFLES /M4 RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible. (c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Subject to subsection (g) below), s Situations for use of these e less lethal weapon systems may include, but are not limited to, the following: :
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal at safe distance. [Ed note: without the prepositional phrase, this use seems unnecessarily excessive.] 2800
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 10 viii. When an officer is training at an approved range or other approved facility ix. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Colt AR/M4 Rifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(d) .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3, .040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this weapon system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Subject to subsection (g) below, e Examples of situations for deploying the sniper rifle may include, but are not limited to the following: :
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 11 i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
v. when an Officer reasonably believes that a suspect may be wearing body armor.
vi. When an officer is training at an approved range or other approved facility vii. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(e) Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 12 ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
(c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized.
(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
(f) Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 13 (b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: Subject to subsection (g) below, t This equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department.
(d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
(f) Fiscal Impact: None, the weapon is not utilized.[Question: Even if the weapon is not utilized, doesn’t the department have to ensure the weapon’s efficacy for use through maintenance? If so, then there must eb a fiscal impact. If not, then why has this piece of equipment not been decommissioned and eliminated?] (g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(g) Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT 2804
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Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 14 operations.
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Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
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Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 15 (c) Authorized Use: Subject to subsection (g) below, t This equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high- risk operations on patrol. (c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(h) CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: Subject to subsection (g) below, SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory.

Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor 2806
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 16 who has completed an 8-hour noise flash diversionary device course. (e)(f) Fiscal Impact: MISSING SECTION, need to fill.
(f)(g) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS 2807
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 17 PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
(i) Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
2808
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 18 (b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Subject to subsection (g) below, s Simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members.
(c)i. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(e)(f) Fiscal Impact: section MISSING, need to fill out or state None. (f)(g) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by 2809
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 19 way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days 2810
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 20 prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body before the Department engages in any of the following prior to engaging in any of the following (Government Code § 7071):
(a) Requests ing military equipment made available pursuant to 10 USC § 2576a. (b) Seekis ng funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquires ing military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborates ing with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Usies ng any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicits ing or responds ing to a proposal for, or enters ing into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiries ng military equipment through any means not provided above. [Ed. Note: You did not include the assessment criteria for the governing body (see my note under 709.1). An alternative is to add a new section here called Policy Review and Approval (you would change all the number ordering below) and include the criteria there.

I include these words here again for your consideration and, as stated before want to understand what legal barriers exist to including them.] [SECTION TBD] The governing body shall only approve the military equipment use policy if all of the following are true (§7071 Subdiv (d) para (1) subpara (A)-(D)):
(a) Each military equipment is necessary for lack of a reasonable alternative. (b) The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective. (d) All current or prior non-confirming uses have been remedied to assure future compliance with policy
(e) All required components of the military equipment use policy are included in the policy presented for approval, including at least the following for each item of equipment (GC §7070 Subdiv (d) para (1)-(7)): a. Description
b. Purpose(s) and authorized use(s)
c. Fiscal impact, initial costs and maintenance costs
d. Legal and procedural rules that govern authorized use(s) e. Training required
f. Mechanisms to ensure compliance, independent oversight, and legal consequences (sanctions) for violation of policy
2811
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 21 g. Methods by which public engagement is achieved (complaints, concerns, questions, suggestions)
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction shall comply with their respective military equipment policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
2812
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 22 709.8 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Los Altos Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", shall be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any Los Altos Police Department employee or the Independent Intake Official. Complaints can be submitted in any form (e.g., in person, online, telephone, email, etc.). Once a complaint is received, it will be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct) and LAPD Policy 1020 (Personnel Complaints). Formal complaints regarding alleged violations of this policy will be handled by an independent investigator. [Ed. Note: while I applaud the addition of an independent investigator, I remain incredulous that this is the first time this term has been shown in this policy, located at the end of two substantial paragraphs.. This statement insufficiently describes the scope and authority of this role, where they sit in the Department or outside it, to whom they are accountable, if they will render consequences, and how the public will be informed of their work. This, coupled with the fact the IIO has no role other than intake, I remain unsatisfied that independent oversight has been manifested in this policy.

Complaints may be made directly to the Los Altos Police Department in one of the following ways (for online options, please visit https://www.losaltosca.gov/police/page/how-are-we-doing-0):

In Person:

Los Altos Police Department
1 N. San Antonio Road, Los Altos, CA 94022
Online Submission:

Complaint PD WEBFORM
By Email:

Fill out the appropriate Civilian Complaint Submission form (online), save it to your computer and email as an attachment to [email protected] By Phone:
(650) 947-2770
Complaints may be made directly to the Independent Intake Official (IIO) Stephanie Atigh in one of the following ways:

Online Submission:

Complaint IIO WEBFORM (online)
By Email:

Fill out the appropriate Civilian Complaint Submission form (located online), save it to your 2813
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 23 computer and email as an attachment to
By Phone:
2814
Agenda Item # 11.

Los Altos Police Department
Los Altos Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/07, All Rights Reserved.

Published with permission by Los Altos Police Department ***DRAFT*** Military Equipment - 24 709.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Pursuant to California Government Code 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of listed equipment in this policy by any of the following means:
(a) Via email to: policefeedback @losaltosca.gov
(b) Via phone call to : 650 947 2672
(c) Via mail sent to:

Los Altos Police Department
Attention Operations Captain
1 North San Antonio Rd
Los Altos CA 94022
2815
Agenda Item # 11.

AGENDA REPORT SUMMARY
GE
JH N/A
Reviewed By:

City Attorney City Manager Finance Director
Reviewed by:

City Attorney
City
Meeting Date: September 6, 2022
Subject: Commission Appointments
Prepared by: Angel Rodriguez, City Clerk
Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

None
Initiated by:

City Council
Previous Council Consideration: None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:

Does the Council wish to appoint the applicants to serve on the following Commissions?  Parks and Recreation Commission
 Design Review Commission
 Planning Commission
 Historical Commission
 Public Arts Commission
Summary:

Below is a summary of the number of seats to be filled, the terms, number of applications received for each Commission, an alphabetical listing of the applicants. Eligible incumbents seeking re-appointment are indicated with an asterisk (*) following the applicant’s name. All, but one of the applicant’s invited to the interview were interviewed by the City Council on August 30, 2022.
2816
Agenda Item # 12.

Subject: Commission Appointments – Parks and Recreation Commission, Design Review Commission, Planning Commission, Historical Commission, Public Arts Commission
September 6, 2022 Page 2
PARKS AND RECREATION COMMISSION: 1 partial term expiring in March 2025

2 applications received
Mike Tkalcevic
Steven C Brocksen
DESIGN REVIEW COMMISSION: 2 full terms expiring September 2026 3 applications received
Chepe Mantica
Stuart Klein
Urvashi Nagrani
PLANNING COMMISSION: 3 full terms expiring in September 2026 4 applications received
Joe Beninato
Kate Disney
Mehruss Jon Ahi*
Theresa May Couture
HISTORICAL COMMISSION: 4 full terms expiring in September 2026 3 applications received
Jonathan Adams
Jonathan Baer
Liza Coe
PUBLIC ARTS COMMISSION: 1 partial term expiring September 2025 0 application received
2817
Agenda Item # 12.

Appoint applicants to fill the vacancies on the Parks and Recreation Commission, Design Review Commission, Planning Commission, Historical Commission, Public Arts Commission.
2818
Agenda Item # 12.

Subject: Commission Appointments – Parks and Recreation Commission, Design Review Commission, Planning Commission, Historical Commission, Public Arts Commission
September 6, 2022 Page 4
Purpose
To fill existing or upcoming, due to expiration of terms, Commission vacancies.

Background
The City Council appoints individuals to serve on the various City Commissions and one Committee.

Except for Senior and Youth Commissioners, members are appointed to four-year terms and may serve a total of two consecutive terms plus the fulfillment of an unexpired term should they be so appointed.

Discussion/Analysis
Currently there are eleven (11) vacancies total across five (5) Commissions resulting in the following Commission seats to be filled:

Parks and Recreation Commission: One partial term expiring in March 2025 Design Review Commission: Two terms expiring in September 2026 Planning Commission: Three terms expiring in September 2026 Historical Commission; Four terms expiring in September 2026 Public Arts Commission: One partial term expiring in September 2025

On August 30, 2022, the City Council interviewed all but one of the applicants. 2819
Agenda Item # 12.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH SN
Meeting Date: September 20, 2022
Subject: City of Los Altos Non-Profit and Civic Organization Contributions Policy Prepared by: Anthony Carnesecca, Economic Development Administrator Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution 22-XX City of Los Altos Non-Profit and Civic Organization Contributions Policy

2. City of Los Altos Non-Profit and Civic Organization Contributions Application

3. City of Los Altos Non-Profit and Civic Organization Contributions Audit Report Initiated by:

City Council
Previous Council Consideration:

None.

Fiscal Impact:

The following policy will cost a varying amount depending upon the particular request from each organization.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the City Council want to establish a formal policy for any contributions to non-profit and civic organizations benefitting the Los Altos community? Summary:
 City Council has historically approved contributions individually due to a lack of policy.  This policy will allow different avenues for City Council to allocate contributions to Los Altos non-profit and civic organizations.
 This policy will increase transparency for residents during the budget process.

This policy ensure the City meets its non-discretionary obligations for contracts and participation in JPAs.
2820
Agenda Item # 13.

Subject: City of Los Altos Non-Profit and Civic Organization Contributions Policy September 20, 2022 Page 2
Staff Recommendation:

Adopt the City of Los Altos Non-Profit and Civic Organization Contributions Policy.

Purpose
Create a common policy outlining the process and requirements for non-profit and civic organization contributions from the City of Los Altos.

Background
The City of Los Altos has historically allocated funds to organizations. The City also allocates funds annually as legally required through contracts or participation in Joint Powers Authority (JPA) agreements.

The City Council directed staff to create a formal process for discretionary requests and contributions that could be implemented during the next regular budget cycle. The recommended policy will also make a distinction between the discretionary contributions to organizations, and the non-discretionary allocations, such as contract payments or participation in a JPA.

In the current budget year, the City has provided discretionary funds to:
 WomenSV ($20,000)
 The Los Altos Chamber of Commerce ($60,000)
The City provided non-discretionary funds, through contracts or JPA participation, as follows:
 The City of Los Altos has a signed contract with the Los Altos History Museum in the amount of $65,000 annually.
 The City of Los Altos has a Joint Powers Agreement with Town of Los Altos Hills, City of Mountain View, Los Altos School District, Mountain View School District, Mountain View-Los Altos Union High School District, and Whisman School District for Counseling & Mental Health Services (CHAC) in the amount of $49,000.

Discussion/Analysis
In an effort to increase transparency and budget certainty, the City Council directed staff to recommend a policy for contributions to non-profit and civic organizations. Additionally, this policy will create a distinction between discretionary and non-discretionary allocations.

City staff researched other cities’ policies and created a policy that allows non-profit and civic organizations to request their contributions as part of the annual budget process. The most efficient use of time and resources is to consolidate this review so City Council will only need to complete one review of all non-profit and civic organization contribution requests annually. City staff will complete an initial review to verify that the organization has met all requirements for the program without any prior or outstanding issues with the City and will then incorporate initially-qualified 2821
Agenda Item # 13.

Subject: City of Los Altos Non-Profit and Civic Organization Contributions Policy September 20, 2022 Page 3
requests into the budget for a review by City Council through the budget adoption process. City Council will retain final authority to approve or deny these discretionary funding requests.

All requirements for applicants are outlined in the resolution and reiterated through the application form attached to this agenda report.

In addition to discretionary funding requests, the City also provides funding to organizations that are not discretionary. Funding that takes place as part of a contractual obligation or participation in a JPA will also be included in the budget process, but will not be listed as discretionary.

The City Council may opt to enter into contracts with organizations as opposed to reviewing and approving certain expenditures on an annual basis. Contracts would allow long-standing organizations to not request funding annually while still meeting annual reporting requirements to verify that the funds are spent properly.

Recommendation
The staff recommends adoption of the City of Los Altos Non-Profit and Civic Organization Contributions Policy.
2822
Agenda Item # 13.

Resolution No. 2022-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2022-___

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

DEFINING A NON-PROFIT AND CIVIC ORGANIZATION CONTRIBUTIONS POLICY
WHEREAS, the City of Los Altos has historically allocated funds to a number of nonprofit and civic organizations every year in the budget ;and WHEREAS, City Council expressed a desire to create a formal process ;and WHEREAS, The purpose of this policy is to establish a process for non-profit and civic organizations to request funding contributions from the City Council ;and WHEREAS, The policy is intended to allow the City Council to fully evaluate all funding requests at one time with budget appropriation.

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

City of Los Altos requires all organizations interested in funding to provide the completed “City of Los Altos Non-Profit and Civic Organization Contribution Application” and all other required documents to City staff by January 1st of every year for consideration in the next budget cycle. These applications will be considered annually as part of the budget process.

1. Applicant Criteria
a. The organization must be a non-profit or civic organization. b. The organization must provide a direct benefit to the Los Altos community.
c. Current recipients may be given priority.

2. Application Availability and Deadline
a. Applications for the next Fiscal Year (July-June) will be available on the City’s website annually in October.
b. Completed applications will be due annually on January 1st of every year. c. For example, organizations that are requesting a contribution for FY 23-24 must submit by January 1, 2023 in order to allow time for staff review and preparation of the appropriate budget documents.

3. Review and Approval Process
a. Applications will be reviewed by City staff.
b. Funding applications and details will be included annually in the budget development or mid-cycle budget review process.
c. The City Manager will make recommendations on funding to the City Council based on established Council priorities and funding constraints. 2823
Agenda Item # 13.

Resolution No. 2022-XX Page 2
ATTACHMENT 1
d. The City Council shall award and include final funding within the budget. e. Once approved, the City and the organization will enter into a contract, where the organization must meet all requirements outlined in the contract.

4. Reporting Requirements
a. An annual report must be submitted by July 30 for the prior fiscal year from the organization.
b. The report shall include a record of the use of City funds and information that provides details on the organization’s impact to the community. c. City Council or staff may impose additional reporting requirements as necessary.
d. If an organization does not submit their annual report, funding will be withdrawn for the next fiscal year.

5. Contribution Length
a. The organization may either apply for a one-year or multi-year contract, which requires that the organization only apply when their contract runs out.
b. Organizations that select longer than one year will still be required to submit their annual report on the prior fiscal year’s the use of City funds annually.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
2824
Agenda Item # 13.

City of Los Altos
Non-Profit and Civic Organization Contributions Application Organization Information
Name: ___________________________________
Address: ___________________________________
Website: ___________________________________
Non-profit? Y/N
Civic organization? Y/N
Benefit Los Altos community? Y/N
Description of organizational activities: _______________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Description of organizational impact on Los Altos community: ____________________________ ______________________________________________________________________________ ______________________________________________________________________________ Contact Information
Contact name: ___________________________________
Contact role: ___________________________________
Email: ___________________________________
Phone: ___________________________________
Contribution Information
Annual contribution amount requested: ___________________________________ Length of contribution request? __________________________________ Total contribution amount requested: ___________________________________ Repeat request from a previous budget cycle? Y / N
Use of funds:

Expense Amount Intended Use Contribution to City
2825
Agenda Item # 13.

Total
Agreement
As the official representative for the above organization, I agree to comply with all requirements listed or otherwise enforced through the City of Los Altos Non-Profit and Civic Organization Contribution Policy. The City reserves the right to revoke this application at any time for any purpose. The organization shall provide all documents and organizational information as required by the City of Los Altos necessary to comply with Non-Profit and Civic Organization Contribution Policy application. The official representative certifies that the above information is true and accurate to the best of my knowledge.

Signature: Date:
2826
Agenda Item # 13.

City of Los Altos
Non-Profit and Civic Organization Contributions Audit Report Organization Information
Name: ___________________________________
Contact Information
Contact name: ___________________________________
Contact role: ___________________________________
Email: ___________________________________
Phone: ___________________________________
Contribution Information
Annual contribution amount received: ___________________________________ Use of funds:

Expense Amount Intended Use Contribution to City
Total
Does the use of funds information match the same information on your application? Y/N If not, explain: __________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Agreement
As the official representative for the above organization, I agree to comply with all requirements listed or otherwise enforced through the City of Los Altos Non-Profit and Civic Organization Contribution Policy. The City reserves the right to revoke this application at any time for any purpose. The organization shall provide all documents and organizational information as required by the City of Los Altos necessary to comply with Non-Profit and Civic Organization Contribution Policy application. The official representative certifies that the above information is true and accurate to the best of my knowledge.

Signature: Date:
2827
Agenda Item # 13.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject Consider approval of the updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos; find that the approval of the agreement is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Prepared by: Manny A. Hernandez, Parks and Recreation Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Updated License Agreement between San Francisco Public Utilities Commission and the City of Los Altos.

2. Hetch Hetchy Regional Water System Amendment to the Right of Way Integrated Vegetation Management Policy.

3. Land Use Permit Dated February 4, 1987 (P3137B)
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

The approval of the updated license agreement is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the only work required under the agreement is limited to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and none of the circumstances identified in CEQA Guidelines Section 15300.2 applies.
2828
Agenda Item # 14.

Subject: Updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos September 20, 2022 Page 2
Policy Question(s) for Council Consideration:
 Does City Council desire to maintain usage of the easement on the SFPUC property as a public recreation trail?
o If so, does City Council wish to amend the license agreement with the SFPUC under the proposed terms?
Summary:
 Keeping the SFPUC parcels open as a bicycle and pedestrian trail is important to the public  There will be a noticeable impact when the vegetation along the trail is brought up to current vegetation management policy as mandated by SFPUC  Protection and maintenance of the SFPUC infrastructure is vital  Staff will work with SFPUC to maintain as much current vegetation as possible under the updated license agreement and vegetation management policy Staff Recommendation:

Staff recommends the City Council authorize the City Manager to execute the updated license agreement with the San Francisco Public Utilities Commission for the continued use of the Hetch Hetchy Trail as a publicly accessible recreation trail that connects with Palo Alto across the Adobe Creek pedestrian bridge.

Direct staff to work with SFPUC to maintain as much current vegetation as possible while complying with the updated license agreement and vegetation management policy.

Purpose
Provide continued public bicycle and pedestrian access along the Hetch Hetchy Trail that connects with Palo Alto at the Adobe Creek pedestrian bridge and begin maintenance of three additional parcels located on the east side of Los Altos Avenue which are currently maintained by SFPUC.

Background
The San Francisco Public Utilities Commission (“SFPUC”) is responsible for the delivery of potable water and the collection and treatment of wastewater for some 800,000 customers within the City of San Francisco; it is also responsible for the delivery of potable water to 26 other water retailers with a customer base of 1.8 million.

The City of Los Altos currently has a land use permit with the San Francisco Public Utilities Commission that allows the City to maintain SFPUC parcel numbers 236 and 237 (between Los Altos Ave. and the Adobe Creek pedestrian bridge) as a bike and pedestrian path that connects to Palo Alto along the Hetch Hetchy trail. As part of this land use permit the City is expected to maintain the landscaping along these parcels and are subject to approval by the SFPUC for any 2829
Agenda Item # 14.

Subject: Updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos September 20, 2022 Page 3
modifications or improvements. There are three additional SFPUC parcels (numbers 233-A and portions of 232-A and 234-A) within City of Los Altos property that are not included in the current Land Use Permit, but would be incorporated into the permit if the recommended license agreement is approved by the City Council.

SFPUC will complete the maintenance of the parcels by removing vegetation that is not in conformance with their vegetation management policy regardless of whether or not the City agrees to an updated license agreement.

Discussion/Analysis
The San Francisco Public Utilities Commission is mandating updates to the current land use permit with the City of Los Altos that would allow for the continued public use of the Hetch Hetchy trail as a bike and pedestrian trail that connects to Palo Alto across Adobe Creek. The required updates will be part of a License Agreement between the SFPUC and the City of Los Altos.

As part of the license agreement, the City of Los Altos will be expected to maintain all or a portion of three additional parcels of land between Los Altos Avenue and Mercedes Avenue, as well as maintain both parcels included in the current Land Use agreement, in accordance with the SFPUC amended Right of Way Integrated Vegetation Management Policy. The initial work to bring the vegetation up to the SFPUC amended policy will be done by the SFPUC before handing over maintenance duties to the City.

According to the SFPUC Vegetation Management Policy, it is established to manage vegetation on the transmission, distribution and collection systems within the SFPUC Right of Way so that it does not pose a threat or hazard to the system’s integrity and infrastructure or impede utility maintenance and operations. The existence of large woody vegetation and water transmission lines within the right of way are not considered compatible. Roots can impact transmission pipelines by causing corrosion. The existence of trees and other vegetation directly adjacent to pipelines makes emergency and annual maintenance very difficult, hazardous, and expensive, and increases concerns for public safety. The risk of fire within the ROW is always a concern and the reduction of fire ladder fuels within these corridors is another reason to modify the vegetation mosaic. One of the other objectives of this policy is to reduce and eliminate as much as practicable the use of herbicides on vegetation within the right of way and to implement integrated pest management.

Subject: Updated License Agreement with SFPUC for Hetch Hetchy Trail in Los Altos September 20, 2022 Page 4
 Plants that may be permitted to be planted directly above existing and future pipelines:
shallow rooted plants such as ground cover, grasses, flowers, and very low growing plants that grow to a maximum of one foot in height at maturity.  Plants that may be permitted to be planted 15–25 feet from the edge of existing and future pipelines: shrubs and plants that grow to a maximum of five feet in height at maturity.  Plants that may be permitted to be planted 25 feet or more from the edge of existing and future pipelines: small trees or shrubs that grow to a maximum of twenty feet in height and fifteen feet in canopy width.

Trees and plants that exceed the maximum height and size limit (described above) may be permitted within a leased or licensed area provided they are in containers and are above ground.

Container load and placement location(s) are subject to review and approval by the SFPUC. Low water use plant species are encouraged and invasive plant species are not allowed. All appurtenances, vaults, and facility infrastructure must remain visible and accessible at all times.

City of Los Altos staff has evaluated the maintenance plan for the current and added parcels to this license agreement and it is not expected to add significant cost or labor hours to the Park Maintenance Division of the Parks and Recreation Department. Under the SFPUC amended Vegetation Management Policy, staff has concluded that maintenance can be accomplished within the current operating budget and maintenance crew staffing levels. There is no expected fiscal impact.

It is anticipated that a significant amount of existing vegetation on the trail will be removed by the SFPUC in order to bring it into compliance with the amended Right of Way Integrated Vegetation Management Policy. City staff has reached out to the residents and trail users in that area to assist in answering questions and relay concerns to the SFPUC. Staff is also working with the SFPUC to prepare the area and surrounding residents for the initial vegetation removal.

Recommendation
The staff recommends the City Council authorize the City Manager to execute the Revocable License Agreement with the San Francisco Public Utilities Commission. 2831
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SAN FRANCISCO PUBLIC UTILITIES COMMISSION

REVOCABLE LICENSE
(Replacing and Superseding Four (4) SFPUC Real Estate Agreements identified in Section 2 of this License)
(License #P4550)
THIS REVOCABLE LICENSE (this “License”) dated for reference purposes only as of ___________________, 2022 (“Effective Date”), is made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“City”), acting by and through its Public Utilities Commission ( “SFPUC”), and CITY OF LOS ALTOS, a California municipal corporation (“Licensee”). City and Licensee are sometimes collectively referred to in this License as the “Parties” or singularly as a “Party.” This License is entered into with reference to the following facts and understandings of the Parties.

RECITALS
A. City owns certain real property under the SFPUC’s jurisdiction in the City of Los Altos commonly referred to as the Bay Division Pipeline No. 3 and 4 right of way (“Right of Way").

B. Pursuant to that certain Revocable Permit entered into by and between City and Licensee, dated April 4, 1961 (“GEN-0215”), City granted Licensee permission to use a portion of the Right of Way designated as SFPUC Parcel No. 236 for a street extension and a six-foot (6’) sewer line, as shown on drawings prepared by George S. Nolte, Consulting Civil Engineer’s, Inc., Sheet 1 of Job No. 246-60 entitled “Improvement Plan Tract No. 2930 Preliminary Los Altos, California” and dated March of 1961, and attached hereto as Exhibit B-1.

C. Pursuant to that certain Revocable Permit entered into by and between the City and Licensee, dated May 21, 1963 (“GEN-0687”), City granted Licensee permission to use a portion of the Right of Way designated as SFPUC Parcel Nos. 232A, 233B and 234A for Licensee’s use as a cul-de-sac, storm drain and a ten-foot (10’) fire department access roadway, as depicted in the attached San Francisco Water Department Drawing B-2518, attached hereto as Exhibit B-2.

D. Pursuant to that certain Land Use Permit entered into by and between City and Licensee, dated May 9, 1972 (“GEN -1339”), City granted Licensee permission to use a portion of the Right of Way, designated as SFPUC Parcels Nos. 234A and 236 for the purpose of street widening and landscaping, as reflected in the drawing attached hereto as Exhibit B-3. GEN-0215 together with GEN-0687 and GEN-1339 are collectively referred to as the “Engineering Permits”.

E. Pursuant to that certain Land Use Permit entered into by and between the City and Licensee, dated June 12, 1974 (“Permit No. 3137”), City granted Licensee permission to use a portion of the Right of Way, designated as SFPUC Parcel Nos. 234-A, 236, and 237 for the construction of landscaping and a bicycle path, including a pedestrian bridge, in accordance with the drawing entitled “Preliminary Landscape Plan,” dated July 11, 1973 (revised March 21, 1974) 2832
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prepared by Royston, Hanamoto, Beck & Abey, Landscape Architects ( “Landscaping Plans"), and that set of Plans prepared by George Nolte and Associates, drawing Numbers 6070-73, sheets, 2,3,4 and 5, dated May 1974 and attached hereto as Exhibit B-4 ( “Bridge Plans”). The pedestrian bridge shall hereinafter be referred to as the “Bridge”.

F. Pursuant to that certain Land Use Permit entered into by and between the City and Licensee, dated February 4, 1987, and effective retroactively as of December 1, 1985 (“Permit No. 3137B”), which superseded and revoked Permit No. 3137, City granted Licensee permission to use portions of the Right of Way, being the entirety of SFPUC Parcel No. 233-A, and portions of SFPUC Parcel Nos. 232-A, 234-A, 236 and 237, as depicted on San Francisco Water Department drawing C-1061-1, attached hereto as Exhibit B-5 for a bicycle path, including the Bridge, and landscaping purposes in accordance with the Landscaping Plans, the Bridge Plans attached hereto as Exhibit B-4, and the drawings from the Licensee, dated November 19, 1985, showing added permit area for Licensee, attached hereto as Exhibit B-6.

G. Permit No. P3137B was amended by that certain letter from City to Licensee, dated April 22, 2005 ( “Letter Amendment”), wherein City, in response to Licensee’s request set forth in that certain letter from Licensee to City dated March 22, 2005 (“Amendment Request"), agreed to remove the entirety of Parcel 233-A and portions of Parcels 232-A and 234-A from the permit area governed by Permit No. 3137B, thereby leaving Parcels 236 and 237 as areas permitted for Licensee’s use.

H. City and Permittee now desire to enter into this License to, among other things: (a) add back to the areas permitted for Licensee’s use portions of the Right of Way, designated as the entirety of SFPUC Parcel Nos. 233-A and 233-B, and portions of SFPUC Parcel Nos. 232-A and 234-A, that were removed under the Letter Amendment; and (b) revoke, supersede and replace the Engineering Permits and Permit No. 3137B with the terms contained in this License.

AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated into this License by this reference, the mutual covenants and obligations of the Parties contained in this License, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agrees as follows.

BASIC LICENSE INFORMATION
The following is a summary of basic license information ("Basic License Information").

Each item below shall be deemed to incorporate all of the terms set forth in this License pertaining to such item. In the event of any conflict between the information in this Section and any more specific provision of this License, the more specific provision shall control.

City: CITY AND COUNTY OF SAN FRANCISCO, acting by and
through its Public Utilities Commission
Licensee: CITY OF LOS ALTOS, a California municipal corporation 2833
Agenda Item # 14.
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Combined License Area
(Section 1 and Section
5(b)):

The Combined License Area shall consist of the Pathway Area and the Maintenance Area.

Pathway Area: Approximately 80,000 square feet, consisting of SFPUC Parcel Nos. 236 and 237 in Los Altos, California, as more particularly described in the legal description attached as Exhibit A and as shown in the attached Exhibit B, together with any
appurtenances.

Maintenance Area
(Section 5(b)):

Approximately 50,000 square feet, consisting of portions of SFPUC Parcel Nos. 232-A and 234-A and the entirety of SFPUC Parcel Nos. 233-A and 233-B in Los Altos, California, as shown in the attached Exhibit C.

Term (Section 2): Month-to-month commencing on the Commencement Date.

Actual Commencement Date: __________________
Pathway Area Permitted
Acts (Section 6(a)):

The “Permitted Acts” within the Pathway Area include the following:
(i) Maintaining in compliance with all applicable Laws and Disability and Safety Regulations (as defined in Section 11) four (4) disabled-access curb ramps (“ADA Ramps")
in the locations shown on the engineering drawings
attached as Exhibit E;
(ii) operating, maintaining, and repairing an existing
concrete-paved recreational pathway on the Pathway
Area, as shown on Exhibit B;
(iii) maintaining vegetation consisting of low-growing shrubs, grass and other plants in accordance with the SFPUC
Vegetation Management Policy (Exhibit F);
(iv) removing all non-compliant vegetation (“Vegetative Encroachments”) that do not comport with the SFPUC
Vegetation Management Policy (Exhibit F) and one (1)
light pole, in strict accordance with Section 3
(“Encroachment Removal”);
(v) maintaining the Bridge;
(vi) installing and maintaining signage on the Pathway Area in accordance with Section 5(a);
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(vii) the use, maintenance, and repair of the street crossing at Estrellita Way, as shown on Exhibit B-1;
(viii) the use, operation, maintenance, and repair of one (1) six- inch (6”) sewer line at Estrellita Way, as shown on Exhibit B-1;
(ix) the use, maintenance, and repair of the street widening at Los Altos Avenue that extends into the Combined
License Area, as shown on Exhibit B-3; and
(x) the use, maintenance, and repair of the street crossing and storm drain at Via Del Pozo, as shown on Exhibit B-2.

The improvements to be installed or maintained by
Licensee listed as items (i) and (ii) and (v) through (x) above are collectively referred to as the “Permitted
Improvements”.

Maintenance Area
Permitted Acts
(Section 5(b)):

The “Permitted Acts” within the Maintenance Area include the maintenance of the surface of the parcels owned by City and identified on the attached Exhibit C (the “Maintenance Area”):
(i) the mowing of grass, removal of weeds, and trimming or removal of trees when necessary in accordance with the
SFPUC Vegetation Management Policy or at the
discretion of the SFPUC Right of Way Manager and, in
any event, at least twice each calendar year, and
(ii) the regular (at least once every calendar month) removal of trash, debris, and graffiti as reasonably required or necessary to keep the Maintenance Area in a safe, sanitary, and sightly condition and to prevent the existence of a nuisance on the Maintenance Area.

Licensee’s Share of
Property Taxes:

See Section 32 [Taxes, Assessments, Licenses, License Fees, and Liens].

Notices: See Section 33 [Notices].

Key Contact for City: SFPUC Real Estate Director
Telephone No. and Email: (415) 487-5210
[email protected]
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Day-to-Day Contact for
City:

Emily Read, SFPUC Right of Way Manager
Telephone No. and Email: (650) 652-3204
[email protected]
Key Contact for Licensee: _______________________
Telephone No. and Email: (___) ___-____
_______________________
Alternate Contact for
Licensee:
_______________________
Telephone No. and Email: (___) ___-____
_______________________
City and Licensee agree as follows:

1. License; Supersession and Revocation.
(a) License. City confers to Licensee a revocable, personal, non-exclusive, and non-possessory privilege to enter upon and use that certain real property owned by City situated in the County of Santa Clara, State of California, as more particularly described in the attached Exhibit A and more particularly depicted on Exhibit B and Exhibit C (together, the “Combined License Area”), for the limited purpose and subject to the terms, conditions, and restrictions set forth below. This License gives Licensee a license only and notwithstanding anything to the contrary in this License, it does not constitute a grant by City of any ownership, leasehold, easement, or other property interest or estate whatsoever in any portion of the Combined License Area. Nothing in this License shall be construed as granting or creating any franchise rights pursuant to any federal, state, or local laws.

THE PRIVILEGE GIVEN TO LICENSEE UNDER THIS LICENSE IS EFFECTIVE

ONLY INSOFAR AS THE RIGHTS OF CITY IN THE COMBINED LICENSE AREA ARE

CONCERNED, AND LICENSEE SHALL OBTAIN ANY FURTHER PERMISSION

NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE COMBINED LICENSE AREA. WITHOUT LIMITING THE FOREGOING, THIS LICENSE IS

BEING ISSUED SUBJECT AND SUBORDINATE TO ALL OF THE TERMS AND CONDITIONS OF THAT CERTAIN DEED (A) DATED AUGUST 4, 1949, AND RECORDED IN BOOK 1921, AT PAGE 268, OF OFFICIALRECORDS OF SANTA CLARA COUNTY, AND (B) DATED JANUARY 3, 1950 AND RECORDED SEPTEMBER 5, 1950 IN BOOK 2047, AT PAGE 466 OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND (C) DATED SEPTEMBER 21, 1950, AND RECORDED NOVEMBER 20, 1950 IN BOOK 2099, AT PAGE 9, OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND (D) DATED MAY 16, 1950, AND RECORDED IN BOOK 1994 AT PAGE 182 OF THE OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND (E) DATED MARCH 1, 1950, AND RECORDED MARCH 2, 1950 IN 2836
Agenda Item # 14.
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BOOK 1937 AT PAGE 565 IN THE OFFICIAL RECORDS OF SANTA CLARA COUNTY,

PURSUANT TO WHICH CITY ACQUIRED ITS INTEREST IN THE COMBINED LICENSE

AREA, COPIES OF WHICH ARE ATTACHED TO THIS LICENSE AS EXHIBIT D (THE “DEEDS”), AND ALL OTHER EXISTING AND FUTURE DOCUMENTS AND

INSTRUMENTS OF RECORD AFFECTING THE COMBINED LICENSE AREA (COLLECTIVELY, WITH THE DEEDS, THE “RECORDED DOCUMENTS”). LICENSEE

MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS, LICENSES,

AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING

WORK IN THE COMBINED LICENSE AREA, INCLUDING ANY APPROVALS, PERMITS,

LICENSES, CONSENTS, OR NOTICES REQUIRED FROM OR TO THE GRANTORS UNDER THE RECORDED DOCUMENTS. FOR CITY’S BENEFIT, LICENSEE COVENANTS AND

AGREES THAT LICENSEE SHALL FULLY COMPLY WITH THE TERMS AND

CONDITIONS OF THE RECORDED DOCUMENTS AND ANY OTHER RULES AND

REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK TO BE

PERFORMED OR FACILITIES TO BE INSTALLED BY LICENSEE ON THE COMBINED

LICENSE AREA PURSUANT TO THIS LICENSE, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE

ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS

DEPARTMENTS,COMMISSIONS, OFFICERS, DIRECTORS, AND EMPLOYEES, AND ALL

PERSONS ACTING BY, THROUGH, OR UNDEREACH OF THEM HAVE MADE, AND CITY

DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,

CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE COMBINED LICENSE AREA FOR LICENSEE’S INTENDED WORK ORFACILITIES, THE IMPACT OF ANY TERM OR CONDITION OF THE RECORDED DOCUMENTS ON LICENSEE’S RIGHTS UNDER

THIS LICENSE, OR THE ABILITY TO OBTAIN OR DELIVER, OR THE PROCEDURE FOR

OBTAINING OR DELIVERING, ANY NECESSARY APPROVALS, LICENSES, PERMITS,

CONSENTS OR NOTICES FROM OR TO THE GRANTOR UNDER THE RECORDED

DOCUMENTS OR ANY OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS LICENSE.
(b) Supersession and Revocation. Effective as of the Commencement Date (defined in Section 2 [Term of License] below), this License shall immediately supersede, replace, and revoke the following permits and agreements previously issued to Licensee by City, and each of such instruments shall be deemed to have terminated as of the Commencement Date and have no further force or effect thereafter; provided, however, that any provisions expressly stated to survive under any such permit shall continue; provided, further that such termination shall not nullify or release Licensee of any obligations accruing under any such instrument with respect to periods prior to the Commencement Date:
(i) the Engineering Permits; and
(ii) Permit P3137B.

2. Term of License; Suspension During Emergency or SFPUC Project; Early Termination.
(a) Term. The privilege conferred to Licensee pursuant to this License shall commence on the Actual Commencement Date, as shown in the Basic License Information and shall immediately expire upon written notice from City revoking this License. The Actual 2837
Agenda Item # 14.
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Commencement Date is the date on which this License is executed and delivered by City following the SFPUC authorization and approval and the receipt of all fees and insurance certificates required to be provided by this License ( “Commencement Date”). City may revoke this License at any time for Good Cause (as defined in Section 2(c)) without penalty, liability or expense of any kind to City, including, any obligation to reimburse Licensee for any improvements installed by Licensee; provided, however that in the event City revokes this License for any reason other than for Good Cause, City will, at the request of Licensee, reimburse Licensee for the cost of any improvements that have been installed by Licensee on the Pathway Area after the Commencement Date with the City’s prior written consent, less straight line depreciation for such improvements, assuming a ten (10) year useful life. Notwithstanding the foregoing, City and Licensee herby acknowledge and agree that City will not and shall have no obligation to reimburse Licensee for any improvements that have been installed: (1) by Licensee without Licensee’s prior written consent; (2) by another party; or (3) by Licensee below the surface of the City’s parcels or within any public right of way on the City’s parcels. Upon termination of this License, Licensee will immediately surrender the Combined License Area in the condition required by this License. (b) Suspension during Emergency or SFPUC Project. In the event that an emergency requires City repairs or construction on or about the License Area (“Emergency Work”) or City determines to undertake a capital improvement, upgrade, replacement, or repair project (“SFPUC Project”) within the License Area, City, at its sole option in lieu of revocation of this License, may declare that the Parties’ respective rights and obligations pursuant to this License with respect to all or any portion of the License Area will be suspended during the course of any such Emergency Work or SFPUC Project, as the case may be. Accordingly, upon no less than sixty (60) days’ prior written notice from City to Licensee, except in the case of an emergency, where City may suspend this License by giving such notice as reasonably practicable under the circumstances, this License will be suspended for the duration of the SFPUC Project or Emergency Work with respect to the License Area, or the portion of the License Area designated by City, until City notifies Licensee that such SFPUC Project or Emergency Work is complete. Upon any receipt of any such City suspension notice, Licensee shall surrender all or the portion of the License Area subject to suspension when and as required by City and promptly coordinate with City to accomplish the removal of any of Licensee’s personal property from the License Area subject to such suspension in accordance with Section 14 [Removal or Alteration of facilities or Improvements]. At its discretion, City may fence the portion of the License Area required for the SFPUC Project or Emergency Work. Upon completion of the SFPUC Project or Emergency Work, City will remove any such fencing and restore the surface of the License Area level with adjacent ground, with grass or gravel at the surface, and not to its previous condition, and this License will apply again to the entire License Area. City’s rights under this Section are in addition to and cumulative with those described in Section 6(b) [Subject to City Uses] below. (c) Early Termination. If Licensee fails to comply with the terms and conditions of this License and such failure is not cured by Licensee within five (5) business days of City’s notice to Licensee specifying such failure, or in the case of a non-compliance that cannot be cured within five (5) business days, Licensee both fails to cure such non-compliance within such five (5)- day period and fails to diligently pursue such cure to completion on or before the date that is thirty (30) days after the City’s initial notice of Licensee’s failure to comply, such non-compliance shall constitute “Good Cause” for City to revoke this License, and this License shall terminate thirty (30) days after City’s notice of termination to Licensee, and if City directs Licensee (at City’s sole discretion) to remove all equipment and installations from the License Area, then Licensee shall 2838
Agenda Item # 14.
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forthwith remove such equipment and installations at Licensee’s cost and shall restore the License Area to its former condition as of the Effective Date of this License.

3. Encroachment Removal. Licensee’s compliance with this Section is partial consideration for City’s issuance of this License.
(a) Initial Removal of Vegetative Encroachments; Communications. (i) Within two hundred seventy (270) days of the Commencement Date (“Initial Removal Period”), Licensee shall remove, at its sole cost, Vegetative Encroachments as follows: (A) on the northern portion of the Pathway Area, Licensee shall remove all Vegetative Encroachments from the ground and airspace within fifteen feet (15') from the edge of SFPUC Bay Division Pipeline No. 3 and (B) on the southern portion of the Pathway Area, Licensee shall remove all Vegetative Encroachments from the ground and airspace within fifteen feet (15') from the edge of the SFPUC Bay Division Pipeline No. 4 (“Initial Removal”). Within the first thirty (30) days of the Initial Removal Period, City and Licensee will meet to review the trees on the License Area and designate any trees that do not constitute Vegetative Encroachments to ensure these trees are not removed from the License Area; provided, however, that City reserves the right to make the final determination regarding which trees pose unacceptable risks to the SFPUC facilities and must be removed. (ii) In accordance with Section 3(g) below, Licensee is responsible for all communications with third parties, including members of the public, regarding the removal of the Vegetative Encroachments, including, without limitation, any pruning and tree removal.
(iii) Licensee shall remove other Vegetative Encroachments to conform to the requirements of Section 3 (h).
(b) Phase Two Removal of Vegetative Encroachments. Within three hundred sixty-five (365) days of the Commencement Date (“Phase Two Removal Period”), Licensee shall remove, at its sole cost, Vegetative Encroachments on the southern portion of the Pathway Area from the ground and airspace within twenty feet (20') from the edge of the SFPUC Day Division Pipeline No. 4. In accordance with Section 3(g) below, Licensee is responsible for all communications with third parties, including members of the public, regarding the removal of the Vegetative Encroachments, including, without limitation, any pruning and tree removal.
(c) Continuing Vegetative Encroachments Removal Obligations. Following the Phase Two Removal Period, Licensee shall remove Vegetative Encroachments every other year, or annually at the SFPUC Right of Way Manager’s direction, as follows: (i) on the northern portion of the Combined License Area, as depicted on Exhibit B, Licensee shall remove all Vegetative Encroachments from the ground and airspace within fifteen feet (15') from the edge of SFPUC Bay Division Pipeline No. 3 and (ii) on the southern portion of the Combined License Area, as depicted on Exhibit B, Licensee shall remove all Vegetative Encroachments from the ground and airspace within twenty feet (20') from the edge of the 2839
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SFPUC Bay Division Pipeline No. 4. Licensee shall keep the Combined License Area clear of regrowth of foliage as is necessary to retain vertical clearance above SFPUC facilities. Licensee shall remove all young seedlings, regrowth, and shrubs as the SFPUC’s Right of Way directs as necessary to prevent future Vegetative Encroachments. (d) Annual Meetings. Licensee shall meet with the SFPUC Right of Way Manager annually, promptly upon the SFPUC’s request, to inspect the Combined License Area and expeditiously resolve any issues regarding Licensee’s compliance with this Section. (e) Light Pole Removal. Licensee shall remove the light pole located at the west side of Estrellita Way within the Pathway Area within sixty (60) days of the Commencement Date. (f) Other Encroachment Removal. Licensee shall cause all Encroachments (as defined below) to be removed in accordance with the SFPUC’s Encroachment Policy (attached as Exhibit G). This obligation applies to Encroachments discovered by, or reported to, Licensee and City. Licensee shall enforce Laws (as defined below) related to Encroachments within the Combined License Area. “Encroachments” are improvements (as defined in Section 8 [Restrictions on Use]) or vegetation within the Combined License Area not approved by City.
(g) Communications. During the term of this License, Licensee shall inform property owners adjoining the Combined License Area, and respond to third party inquiries, if any, of Licensee’s efforts to remove the Vegetative Encroachments and/or Encroachments from the Combined License Area. The SFPUC will inform Licensee by written notice of any known third-party violations of the SFPUC’s Encroachment Policy, Vegetation Management Policy, or related guidelines (and risks resulting from such violations) occurring in and on the Combined License Area. Licensee to sign reasonable requests from City for Licensee to co-sign SFPUC correspondence to applicable third parties regarding any such violations.
(h) Vegetative Encroachment Removal Standards. Licensee shall retain, at its cost, an International Society of Arboriculture Certified Arborist to oversee removal of Vegetative Encroachments. Licensee shall conduct all Vegetative Encroachment removal in accordance with applicable Laws (as defined below), including restrictions regarding nesting birds. Consistent with the Migratory Birds Treaty Act, 16 U.S.C. §§ 703–712, trees will be removed and, or pruned outside of nesting bird season which extends from February 15th through August 15th; or, if removal and or trimming is proposed during the nesting season, Licensee will, at its cost, retain a biologist to inspect the trees in advance of work and, if active nests are present, work will be delayed until nestlings have fledged.

4. Permitted Encroachments. City will allow Licensee to maintain the following existing encroachments (together, “Permitted Encroachments”) installed by Licensee within the Pathway Area in their current locations on the Pathway Area:
(a) three (3) wooden trail signs;
(b) five (5) wooden benches;
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(c) three (3) garbage cans;
(d) two (2) bicycle safety signs;
(e) one (1) water fountain;
(f) one (1) backflow preventor; and
(g) one (1) concrete bench.

Licensee acknowledges that City may require Licensee to remove any or all Permitted Encroachments at the SFPUC’s sole and absolute discretion. If City requires the removal of any or all Permitted Encroachments from the Pathway Area, Licensee shall remove any or all such Permitted Encroachments within thirty (30) days of City’s notice to remove, except in an emergency when Licensee shall remove all such Permitted Encroachments as soon as possible. At its sole discretion, City may elect to remove any or all of the Permitted Encroachments itself, at Licensee’s sole cost, by notifying Licensee of such fact, in which event Licensee shall pay City the cost of such removal within thirty (30) days after receipt of City’s invoice. Licensee may use the Permitted Encroachments until they reach the end of their useful lives, as determined by City in its sole discretion, at which point, the SFPUC may require removal or relocation to a location approved by the City.

5. Consideration.
(a) Educational Signage. As partial consideration for City entering into this License, Licensee shall install and maintain, at its sole cost, at least one (1) educational sign on the Pathway Area in accordance with this Section. Licensee shall work with SFPUC staff to install one (1) sign within the Pathway Area within one-hundred eighty (180) days of the Commencement Date at a location to be approved by the SFPUC Land Engineering Division and the SFPUC Right of Way Manager. The size and content of any such sign shall be subject to the SFPUC’s approval, in its sole discretion.
(b) Maintenance Area Obligations. As additional partial consideration for City entering into this License, Licensee will maintain the surface of the parcels comprising the Maintenance Area, located adjacent to the Pathway Area. As used in this Section 5(b), the terms “maintain,” “maintenance,” and “maintenance obligations,” mean that, with respect to the Maintenance Area, Licensee shall be solely responsible to (i) mow grass, remove weeds, and trim or remove trees when necessary in accordance with the SFPUC Vegetation Management Policy or at the discretion of the SFPUC Right of Way Manager and, in any event, at least twice each calendar year, and (ii) regularly (at least once every calendar month) remove trash, debris, and graffiti as reasonably required or necessary to keep the Maintenance Area in a safe, sanitary, and sightly condition and to prevent the existence of a nuisance on the Maintenance Area.

In the course of maintaining the Maintenance Area, Licensee shall not do anything in, on, under, or about the Maintenance Area that could cause damage to or interference with any pipelines or other property located in, on, under, or about the Maintenance Area. Licensee shall use, and shall cause its employees, contractors, and agents to use, due care at all times to avoid any damage or harm to City’s water pipelines or other property and natural attributes of the 2841
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Maintenance Area and to minimize slope erosion. Licensee shall not perform any excavation work without City’s prior written approval, which City may withhold at its sole discretion. Under no circumstances shall Licensee damage, harm, or remove any rare, threatened, or endangered species that are present on or about the Maintenance Area.

Licensee’s obligations to maintain the Maintenance Area shall continue until the earlier of the following dates: (1) the date Licensee receives City’s notice terminating all of Licensee’s then remaining maintenance obligations pursuant to this Section 5 (b) or (2) the date that this License is terminated. Licensee shall notify City in writing not less than five (5) days before performing any maintenance work on the Maintenance Area, except in the case of an emergency wherein Licensee shall notify City telephonically and in writing as soon as reasonably possible. For the purposes of the foregoing notice obligation, “maintenance work” shall not be deemed to include the mowing, or the weed, trash, debris, and graffiti removal regularly performed by Licensee pursuant to this Section. Notwithstanding the foregoing, at all times, City shall retain all of its property rights with respect to the Maintenance Area, including, without limitation, the right at all relevant times to enter upon, or over the Maintenance Area. If, at any time prior to the termination of Licensee’s maintenance obligations pursuant to this Section 5(b), City notifies Licensee of deficiencies or failures in Licensee’s performance of such obligations, Licensee shall promptly remedy or cure such deficiencies or failures.

6. Use of Combined License Area.
(a) Permitted Acts. Licensee may enter and use the Combined License Area for the sole purpose of performing the Permitted Acts (as defined in the Basic License Information) and in strict accordance with Section 7(a) [Approval of Plans and Specifications] below, and for no other purpose whatsoever. Except as specifically permitted by this License or otherwise approved by City pursuant to the terms of this License, Licensee shall not permit, construct, maintain, or allow any other improvements, structures, or paved areas on, across, within, over, or under the Combined License Area other than the Permitted Improvements and the Permitted Encroachments allowed on the Pathway Area.
(b) Subject to City Uses. Licensee is aware that the Combined License Area constitutes a portion of City’s regional water pipeline delivery system. Notwithstanding anything to the contrary in this License, any and all of Licensee’s activities pursuant to this License shall be subject and subordinate at all times to City’s existing and future use of the Combined License Area for municipal and other purposes. City shall in no way be liable for any damage or destruction to Licensee’s property and/or improvements resulting from the condition of the Combined License Area or the SFPUC facilities, from any pipeline break or from any pipeline repair or maintenance activities. At City’s request, Licensee shall immediately remove any of Licensee’s property or improvements from the Combined License Area to allow City access to the SFPUC facilities. If City deems it necessary, at City’s sole discretion, City may remove any such property or improvements and City shall not be responsible for restoring or returning the same to its prior condition.

7. Installation and Maintenance of Facilities. Licensee may perform the Permitted Acts described in Section 6(a) [Permitted Acts] above and shall install certain facilities on the Pathway Area consisting of the signage required under Section 5 (a) [Educational Signage]. Licensee shall also maintain the ADA Ramps authorized by City under the consent letter issued by City prior to the Commencement Date (the “Consent Letter”). The ADA Ramps and signage to be installed 2842
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on the Pathway Area shall hereinafter collectively be referred to as the “Facilities”) and shall be installed only upon satisfaction of the following conditions, which are for City’s sole benefit:
(a) Approval of Plans and Specifications. Licensee shall install and maintain the permitted Facilities in accordance with plans and specifications (including drawings) approved in advance and in writing by the SFPUC and attached as Exhibit E ( “Approved Plans”). The Approved Plans may be revised or amended only with the SFPUC’s prior written approval after the SFPUC’s Bureau of Environmental Management has determined that no further environmental review is required by CEQA as a result of any such revision or amendment. (b) Energy Service and Related Facilities. If Licensee seeks electrical service for use in the Combined License Area, or for any licensed Facilities, Licensee shall contact the Interconnection Services Department in the Power Enterprise of the SFPUC to arrange for service.

Licensee shall purchase all electricity necessary for its operations at the Combined License Area from the SFPUC, at the SFPUC’s standard rates charged to third parties, unless the SFPUC determines, in its sole judgment, that it is not feasible to provide such service to the Combined License Area. The SFPUC is the provider of electric services to City property, and the SFPUC’s Interconnection Services Department coordinates with Pacific Gas and Electric Company and others to implement this Section. Except as provided above with respect to any electricity services provided by the SFPUC, Licensee shall make arrangements and pay for all utilities and services furnished to the Combined License Area, including gas, electricity, water, sewage, telephone, and trash collection services, and for all deposits, connection, and installation charges.

Except as otherwise provided in this License, the SFPUC has no responsibility or liability of any kind with respect to any utilities that may be on or about the Combined License Area.

Licensee has the sole responsibility to locate any utility facilities within the Combined License Area and protect them from damage resulting from Licensee’s use of the Combined License Area. (c) Permits, Licenses, and Approvals. Before beginning any permitted improvement or alteration work in the Combined License Area, Licensee shall obtain any and all permits, licenses, and approvals (collectively, “Approvals”) of all regulatory agencies and other third parties that are required for Licensee to commence, complete, and maintain the permitted work.

Promptly upon receipt of such Approvals, Licensee shall deliver copies of them to the SFPUC.

No approval by the SFPUC for purposes of Licensee’s work under this License shall be deemed to constitute the approval of any federal, state, or local regulatory authority with jurisdiction, and nothing in this License shall limit Licensee’s obligation to obtain all such regulatory Approvals, at Licensee’s sole cost.
(d) Limits of City’s or SFPUC’s Consent. City’s or the SFPUC’s consent to or approval of any improvements, equipment, or fixtures shall not relieve Licensee or its engineers, architects, or contractors from any liability for negligence, errors, or omissions associated with the design and construction of any such improvements, equipment, or fixtures. In no event shall the SFPUC’s approval of plans or specifications be deemed to constitute a representation or warranty by City concerning the suitability of the improvements, equipment, or fixtures for Licensee’s purposes or that the work called for in the plans and specifications complies with applicable building codes or other applicable Laws (defined in Section 11 [Compliance with Laws] below), or industry standards, nor shall such approval release Licensee from its obligation to supply plans and specifications that conform to applicable building codes, other applicable Laws, and industry standards.
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(e) Exercise of Due Care. Licensee shall use, and shall cause its Agents (defined in Section 21 [Indemnity] below) to use, due care at all times to avoid any damage or harm to City’s water pipelines, facilities, or other property and to native vegetation and natural attributes of the Combined License Area and to minimize slope erosion. Licensee shall not disturb the surface of the Combined License Area or perform any excavation work without City’s prior written approval, which City may withhold at its sole discretion. City may condition and/or oversee any permitted excavation work. At its own expense, Licensee shall mark the location of City’s water pipelines or other facilities within the Combined License Area and shall not use any pick, plow, or other sharp tool to remove the two feet of soil around the pipelines or other facilities, provided that Licensee may use hand shovels or pneumatic shovels in compliance with all other terms and conditions of this License. Licensee shall immediately inform City of any actual or potential damage to the coating of the pipeline, and any such damage shall be promptly repaired by Licensee, at its own expense, to City’s satisfaction prior to backfilling; provided, at its sole discretion, City may elect to make any necessary repairs itself, at Licensee’s sole cost, by notifying Licensee of such fact. Upon completion of the repairs, City shall send to Licensee a bill therefor, which Licensee shall pay within thirty (30) days following receipt. Under no circumstances shall Licensee damage, harm, or take any rare, threatened, or endangered species present on or about the Combined License Area.
(f) Cooperation with Public Utilities Commission. Licensee and its Agents shall work closely with City personnel to minimize any potential disturbance (even if temporary) of the natural features of the Combined License Area and to avoid disruption (even if temporary) of City facilities, in, under, on, or about the Combined License Area and City uses of such facilities. (g) Heavy Equipment. Licensee shall not use any heavy construction equipment over or about City’s pipelines, except as otherwise expressly allowed in Section 8(i) [Heavy Equipment and Vehicles] below.
(h) Work Schedule. Licensee must begin installation work, if at all, within ninety (90) days after the commencement of the term of this License. At least ten (10) business days prior to the commencement of any improvement or alteration work on the Combined License Area, Licensee shall notify City’s Construction Inspector (“Construction Inspector”), at (650) 871- 3015, of the date such work shall commence and the intended construction schedule. Notification must also be given to Underground Service Alert at least two (2) days prior to start of work.

Notwithstanding the approval of such schedule by the SFPUC, the Construction Inspector shall have the right to require Licensee to adjust such schedule from time to time. All work must be performed during regular working hours (Monday through Friday) between 8:00 a.m. and 4:30 p.m., exclusive of City holidays. Any work performed during any other time or day must be preapproved by the SFPUC at least ten (10) business days prior to commencing such work. In connection with such approval, City may charge Licensee additional inspection fees payable prior to the SFPUC’s approval of the request. Notwithstanding the work hours set forth above, Licensee shall comply with any applicable local ordinance that imposes later start times and/or earlier cessation times for construction activities. Licensee shall complete all work and restoration no later than (365) days after the commencement of the term of this License. (i) Restoration of License Area. Immediately following completion of any work permitted under this License, Licensee shall remove all debris and any excess dirt and shall restore the Combined License Area to its condition immediately prior to such work, to City’s satisfaction.

Licensee shall restore any damage caused to existing roads and restore excavated areas with new 2844
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vegetation (including irrigation and maintenance until established) and erosion control netting, all as requested by City, and shall comply with all applicable regulations of the regulatory agency with jurisdiction.
(j) Pipeline Depth/Installation of Above-Ground Markers. Before commencing any excavation work in the Combined License Area, Licensee shall measure the depth of City’s pipelines, if any, located in the Combined License Area by potholing and forward such information to City. Any potholing authorized by this License shall be subject to the requirements of Section 7(p) [Potholing] below. Upon completion of work, Licensee shall promptly notify City in writing of the depth of City’s pipeline and related facilities in the Combined License Area.

Licensee shall install above-ground markers identifying the location of any underground facilities installed pursuant to this License. The location, type, and installation of markers and identifying information on the markers shall be subject to the SFPUC’s prior written approval. (k) As-Built Drawings/Reports. Promptly upon completion of the installation of the Facilities, Licensee shall furnish the SFPUC with two (2) complete copies of final as-built drawings for the Facilities, which drawings shall include sufficient detail so as to allow City to precisely locate the Facilities. If Licensee or any of its Agents or consultants prepares any environmental, seismic, geophysical, or other written report relating to the Combined License Area and/or any work performed on the Combined License Area, Licensee shall furnish to City a complete copy of such report, including any schedules, exhibits, and maps, promptly upon completion of the same.
(l) Responsibility for Maintenance of Facilities. Licensee shall be solely responsible for repairing and maintaining all Facilities placed in or on the Combined License Area pursuant to this License or the Consent Letter in good and safe condition, and City shall have no duty whatsoever for any repair or maintenance of the Combined License Area or any such Facilities. Licensee shall notify City in writing not less than five (5) days before performing any repair or maintenance work in the Combined License Area, except in the case of an emergency when Licensee shall notify City telephonically and in writing as soon as reasonably possible. (m) Revocability. The installation of the Facilities to the Combined License Area, regardless of cost, shall not in any way whatsoever limit City’s right to revoke this License pursuant to its terms or any of City’s other rights under this License. (n) Contractors. Licensee shall not accept and release its contractor for work authorized or required by this License before securing the SFPUC’s written approval. (o) Cathodic and Other Protection. City may adopt from time to time such rules and regulations with regard to Licensee’s Facilities and operations under this License as City may determine are necessary or appropriate, at City’s sole discretion, to safeguard against corrosion of, or other damage to, City’s pipelines and related facilities. Licensee shall immediately comply with all such rules and regulations upon receipt of a copy of such rules and regulations. (p) Potholing. Any potholing authorized by this License shall be subject to the direction of City’s Construction Inspector. Potholing using the soft dig method (vacuum soil extraction system) is preferred. If Licensee wishes to use any other mechanical method such as digging with a backhoe, License must submit a written request to the SFPUC at least five (5) business days prior to commencing such work and obtain the SFPUC’s prior written consent. 2845
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Notwithstanding the foregoing, the last two feet (2’) above the top of the pipe must be dug manually, without the use of any machines.

8. Restrictions on Use. The following uses (by way of example only) of the Combined License Area by Licensee, or any other person claiming by or through Licensee, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below:
(a) Improvements. Except as otherwise expressly provided in this License, Licensee shall not construct or place any temporary or permanent structures or improvements in, on, under, or about the Combined License Area, nor shall Licensee make any alterations or additions to any existing structures or improvements on the Combined License Area, unless Licensee first obtains the SFPUC’s prior written consent, which the SFPUC may give or withhold at its sole and absolute discretion. For purposes of this License, the term “improvements” includes asphalt, concrete, and cementitious driveways, sidewalks, and parking areas, shacks, storage facilities, and fences. (b) Trees and Other Plantings. Licensee shall not plant any trees or other vegetation in or on the Combined License Area, except as otherwise expressly provided in this License and except in accordance with detailed plans consistent with the SFPUC’s Vegetation Management Policy (attached as Exhibit F), which may be amended from time to time and as approved by the SFPUC in writing in advance.
(c) Dumping. Licensee shall not cause or permit the dumping or other disposal in, on, under, or about the Combined License Area of landfill, refuse, Hazardous Material (defined in subsection (d) [Hazardous Material] below), or any other materials, including materials that are unsightly or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment.
(d) Hazardous Material. Licensee shall not cause, nor shall Licensee allow any of its Agents or Invitees (defined in Section 21 [Indemnity] below) to cause, any Hazardous Material to be brought upon, kept, used, stored, generated, released, or disposed of in, on, under, or about the Combined License Area, or transported to, from, or over the Combined License Area. Licensee shall immediately notify City when Licensee learns of, or has reason to believe that, a release of Hazardous Material has occurred in, on, under, or about any part of the Combined License Area.

Licensee shall further comply with all applicable Laws requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary or desirable to mitigate the release or minimize the spread of contamination. If Licensee or its Agents or Invitees cause a release of Hazardous Material, Licensee shall promptly return the Combined License Area to the condition immediately prior to the release, without cost to City, in accordance with all Laws, and using the highest and best technology available. In connection with such remedial action, Licensee shall afford City a full opportunity to participate in any discussion or negotiations with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise proceeding involving Hazardous Material, and any other abatement or cleanup plan, strategy, and procedure. For purposes of this License, “Hazardous Material” means material that, because of its quantity, concentration, or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state, or local governmental authority to pose a present or potential hazard to public health, welfare, or the environment. Hazardous Material includes the following: any material or substance defined as a “hazardous substance, pollutant or contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 2846
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42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California Health & Safety Code or any other federal, state, or local Law; a “hazardous waste” listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Combined License Area or are naturally occurring substances in the Combined License Area; and any petroleum, including crude oil or any crude-oil fraction, natural gas, or natural gas liquids, provided, the foregoing shall not prohibit Licensee from traversing to, from, and across the Combined License Area in standard motor vehicles that do not exceed the weight limitations set forth below. The term “release” or “threatened release” when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under, or about the Combined License Area. Notwithstanding any contrary provision contained in this License, Licensee will not be responsible for any release of Hazardous Materials to the extent caused by any act or omission of the City. (e) Nuisances. Licensee shall not conduct any activities in, on, under, or about the Combined License Area that constitute waste, nuisance, or unreasonable annoyance (including emission of objectionable odors, noises, or lights) to City, to the owners or occupants of neighboring property, or to the public, or that constitute waste or nuisance per se. (f) Damage. Licensee shall not do anything in, on, under, or about the Combined License Area that could cause damage to or interference with any pipelines, facilities, or other property located in, on, under, or about the Combined License Area. Licensee will compensate City for any and all damage caused to the Combined License Area and City facilities resulting from the activities of Licensee and its Agents and Invitees, including damage resulting from defective work.
(g) Use of Adjoining Land. Licensee acknowledges that the privilege given under this License shall be limited strictly to the Combined License Area. Licensee shall not traverse over or otherwise use any adjoining lands of City.
(h) Ponding; Water Courses. Licensee shall not cause any ponding on the Combined License Area or any flooding on adjacent land. Licensee shall not engage in any activity that causes any change, disturbance, fill, alteration, or impairment to the bed, bank, or channel of any natural water course, wetland, or other body of water on, in, under, or about the Combined License Area, nor shall Licensee engage in any activity that could pollute or degrade any surface or subsurface waters or result in the diminution or drainage of such waters. (i) Heavy Equipment and Vehicles. To prevent damage to City’s underground pipelines, Licensee’s use of vehicles and equipment within twenty feet (20’) of each side of the centerline of any City pipeline (measured on the surface) shall be subject to the following restrictions:
(i) The depth of soil cover over the tops of City’s pipelines must be at least three feet (3’) for steel cylinder pipe and four feet (4’) for reinforced pre-stressed concrete cylinder pipe to accommodate the loading defined in subsection (ii) below. If any equipment with axle loading exceeds the loads stated in subsection (ii) below or if the depth of soil cover is less than stated above, Licensee shall submit to the SFPUC for review and approval, at the SFPUC’s sole discretion, engineering calculations prepared by a licensed Professional Engineer licensed in California showing that City’s pipelines will not be adversely affected by Licensee’s proposed 2847
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activities. If City’s pipelines may be adversely affected, Licensee shall submit remedial measures for City’s approval to ensure that no adverse effect will occur. (ii) The effects of vehicle and equipment loads to the pipeline must not exceed the effects of the “AASHTO Standard H-10 Loading.” H-10 loading is defined as loading caused by a two-axle truck with a gross weight of ten tons (20,000 lbs.), axles fourteen feet (14’) apart, and rear axle carrying eight tons (16,000 lbs.). Licensee shall be responsible for providing the SFPUC adequate evidence that its equipment and vehicles meet the foregoing requirements. (iii) Licensee shall not use vibrating compaction equipment without the SFPUC’s prior written approval, which approval may be given or withheld at the SFPUC’s sole discretion.
(iv) If the depth of the soil cover over the pipeline (determined by potholing or other proof procedure) is less than the minimum stated in subsection (i) above, unless an alternate method is approved by the SFPUC in writing, all excavation and grading over the pipeline shall be performed manually. For any machinery or equipment excavation and grading over and/or within twenty feet (20’) of each side of the centerline of the pipeline (measured on the surface), Licensee shall submit a written proposal together with all supporting calculations and data to the SFPUC for review and approval. In any case, the two feet (2’) of soil around the pipeline shall be removed manually or by other methods approved by the SFPUC with due care as provided in Section 7(e) [Exercise of Due Care] above.

9. License Fee(s). Without limiting its right to revoke this License or any of its other rights under this License, at any time, upon not less than thirty (30) days’ written notice to Licensee, City may charge a use fee for the privileges granted by this License if City establishes a general policy for charging fees for the use(s) permitted by this License, and City may increase such fee from time to time in accordance with such policy.

10. Required Insurance Coverages. Licensee’s compliance with the provisions of this Section 10 shall in no way relieve or decrease Licensee’s indemnification or other obligations under this License. Licensee must maintain in force for the use of the Combined License Area, during the full term of this License, insurance in the amounts and coverages listed below. In addition, Licensee shall cause each Agent (defined in Section 21 [Indemnity] below) performing work on the Combined License Area to procure and keep in effect during the course of such work appropriate amounts of insurance and add City as additional insureds for those respective policies. (a) Commercial General Liability Insurance with limits not less than $3,000,000 each occurrence for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Independent Contractors, Explosion, Collapse, and Underground (XCU), Broad Form Property Damage and Products, and Completed Operations. (b) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence, “Combined Single Limit” for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. (c) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness. 2848
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(d) Additional Insured Endorsements.
(i) The Commercial General Liability policy must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees. (ii) The Commercial Automobile Liability Insurance policy must be endorsed to name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees.
(e) Waiver of Subrogation Endorsements. The Workers’ Compensation policy(ies) and all Liability Policies referenced above shall be endorsed with a waiver of subrogation in favor of City for all work performed by Licensee or its Agents. (f) Primary Insurance Endorsements.
(i) The Commercial General Liability policy shall provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
(ii) The Commercial Automobile Liability Insurance policy shall provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this License, and that the insurance applies separately to each insured against whom claim is made or suit is brought. (iii) Such policies shall also provide for severability of interests and that an act or omission of one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury, or damage that occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.
(g) Other Insurance Requirements.
(i) Thirty (30) days’ advance written notice shall be provided to City of cancellation, intended non-renewal, or reduction in coverages, except for non-payment for which no less than ten (10) days’ notice shall be provided to City. Notices shall be sent to the City address set forth in Section 31 [Notices].
(ii) Should any of the required insurance be provided under a claims-made form, Licensee shall maintain such coverage continuously throughout the term of this License and, without lapse, for a period of three years beyond the expiration of this License, to the effect that, should occurrences during the License term give rise to claims made after expiration of the License, such claims shall be covered by such claims-made policies. (iii) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. 2849
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(iv) Should any required insurance lapse during the term of this License, requests for payments originating after such lapse shall not be processed until City receives satisfactory evidence of reinstated coverage as required by this License, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this License effective on the date of such lapse of insurance.
(v) Prior to the Commencement Date of this License, Licensee shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Licensee and its contractors shall submit or cause their respective insurance brokers to submit requested information through the Exigis insurance verification program designated by City or any successor program used by City for verification of Licensee and contractor insurance coverage. Approval of the insurance by City shall not relieve or decrease Licensee’s liability hereunder. If Licensee shall fail to procure such insurance, or to deliver such policies or certificates, at its option, City may procure the same for the account of Licensee, and Licensee shall reimburse City for any costs so paid by City within five (5) business days after delivery to Licensee of bills therefor. (vi) If Licensee will use any subcontractor(s) to perform the Permitted Acts, Licensee shall require the subcontractor(s) to provide all necessary insurance and to name the City and County of San Francisco, its officers, agents and employees, and the Licensee as additional insureds.
(vii) Upon City’s request, Licensee and City shall periodically review the limits and types of insurance carried pursuant to this Section. If the general commercial practice in the City and County of San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Licensee for risks comparable to those associated with the Combined License Area, then, at its sole discretion, City may require Licensee to increase the amounts or coverage carried by Licensee hereunder to conform to such general commercial practice.
(h) Self-Insurance.

Licensee shall have the right to self-insure with respect to any of the insurance requirements required under this License, to the extent permitted by applicable law. If Licensee elects to self-insure with respect to any of the insurance requirements required under this License, before the Commencement Date and upon written request by the SFPUC, within thirty (30) days of the commencement of each year thereafter, Licensee shall submit to the SFPUC a certificate of self-insurance signed by a duly authorized representative of Licensee, such certificate evidencing that Licensee’s self-insurance program is adequately funded, in full force and effect and in compliance with and subject to all the terms, agreements, covenants, conditions and provisions of this License. If Licensee elects to self-insure, Licensee shall give City prompt written notice of any significant change in or the depletion of its self-insurance fund. Notwithstanding the foregoing, Licensee is also responsible for causing any contractors, subcontractors, and/or Agents to maintain commercially reasonable insurance coverages and coverage limits as required under this License.

Any deductibles or self-insured retentions must be declared. All deductibles and self-insured retentions shall be paid by Licensee.
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With respect to any claim, loss, or liability that would have been covered by the insurance policies (including the status as an “additional insured” thereunder of City, the SFPUC, and their respective Agents and Employees) required by this License to be maintained by Licensee but within the selfinsured retention or deductible amount, Licensee shall cover such claim, loss, or liability on the same basis as the insurance arrangements or deductibles on such insurance policies, including such insurance carrier responsibility to protect City, the SFPUC, and their respective Agents and Employees as an “additional insured.”

11. Compliance with Laws.
(a) At its expense, Licensee shall conduct and cause to be conducted all activities on the Combined License Area permitted by this License in a safe and reasonable manner and in compliance with all laws, statutes, ordinances, rules, regulations, policies, orders, edicts, and the like (including, without limitation, the Americans with Disabilities Act (“ADA”) codified at Title 42 U. S.C. 12-101 and the regulations issued thereunder, and any other applicable disability access ordinances, laws and regulations, fire safety laws, ordinances or regulations collectively the “Disability and Safety Regulations”) (collectively, “Laws”) of any governmental or other regulatory entity with jurisdiction and all covenants, restrictions, and provisions of record, whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. (b) Licensee shall be responsible for causing all improvements and alterations installed by or on behalf of Licensee (including, without limitation, the Facilities and those improvements and alterations that predate this License) to be installed and maintained, in compliance with all Disability and Safety Regulations, and Licensee shall indemnify, defend, and hold City harmless from and against any and all claims or causes of action asserting (i) that any improvements or alterations installed by or on behalf of Licensee, regardless of whether such improvements or alternations predate this License, have caused the Combined License Area to be in violation of any Disability and Safety Regulations, or (ii) a cause of action or claim of violation of any applicable Disability and Safety Regulations resulting from or relating to any improvements or alterations undertaken by Licensee or on behalf of Licensee. Licensee’s obligations under this Section shall survive any revocation of this License.
(c) In the event Licensee receives a notice from any governmental agency or is otherwise made aware that any improvement or alteration on the Combined License Area, including, without limitation, the Bridge and the ADA Ramps, is in violation of any Disability and Safety Regulations, Licensee shall immediately inform City and provide City a copy of such notice or documents informing Licensee of such violation. Licensee shall, at is sole cost and expense, and without cost to City, address any such violations in accordance with such notice and shall keep the City abreast of such negotiations and obtain the City’s consent prior to performing any necessary repairs.
(d) At its sole expense, Licensee shall procure and maintain in force at all times during its use of the Combined License Area any and all business and other licenses or approvals necessary to conduct the activities allowed by this License. (e) City is entering into this License in its capacity as a property owner with a proprietary interest in the Combined License Area and not as a regulatory agency with police powers. No approval by City for purposes of this License shall be deemed to constitute approval of any federal, state, City, or other local regulatory authority with jurisdiction, and nothing in this 2851
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License shall limit Licensee’s obligation to obtain all such regulatory approvals at Licensee’s sole cost, or limit in any way City’s exercise of its police powers.

12. Covenant to Maintain License Area. Throughout the term of this License, at its sole cost, Licensee shall maintain the Combined License Area, including, without limitation, the Bridge and other Permitted Improvements, at all times in a good, clean, safe, secure, sanitary, and sightly condition, so far as the Combined License Area may be affected by Licensee’s activities under this License.

13. Monuments.
(a) By its execution and delivery of this License, Licensee acknowledges that the monuments shown on the attached Exhibit B, if any, are in place and in good condition. During the installation of any permitted Facilities or alterations of, the Combined License Area pursuant to this License and at all times during Licensee’s use of the Combined License Area, Licensee shall protect and safeguard City’s monuments. Licensee shall promptly notify City if Licensee becomes aware of any change in the condition of City’s monuments, regardless of the cause of such change.
(b) If Licensee damages a monument necessitating resurvey, repair, or replacement, as determined by City at its sole discretion, Licensee shall survey, file a land surveyor’s map in the Official Records of the County of Santa Clara, and install a replacement monument within thirty (30) days of completion of work authorized under this License, all at Licensee’s expense and to City’s satisfaction. A recorded surveyor’s map shall be furnished by Licensee to the SFPUC for its records.
(c) During the term of this License, City may replace missing monuments or install new monuments. When City replaces missing monuments or installs new monuments, City shall give Licensee written notice of such replacement or installation. Upon deposit of such notice in the U.S. mail by City, postage prepaid, Licensee shall assume the protection and replacement responsibilities set forth in this License.
(d) Notwithstanding any contrary provision contained in this License, Licensee will not be responsible for any damage, destruction or displacement of monuments caused by City’s own acts or omissions.

14. Removal or Alteration of Facilities or Improvements. Without limiting City’s rights under this License, at City’s written request, Licensee shall promptly alter or remove, at its sole expense, any and all Facilities, improvements, plantings, or other property installed or placed in, on, under, or about the Combined License Area by or on behalf of Licensee (including any improvements, plantings, or other property that predate this License), as may be necessary to avoid any actual or potential interference with the installation, construction, maintenance, operation, repair, replacement, or removal of any of City’s pipelines, power lines, facilities, or other structures now or later constructed or with any other operations or land uses by City. In the request, City may specify reasonable time limits for completion of the work. If, after such written notice, Licensee fails to complete the requested work within the prescribed time limits, City may perform the requested work and charge Licensee all costs and expenses so incurred by City. Such amount shall be due and payable upon City’s demand. In the event of an emergency, at City’s sole option, at Licensee’s sole expense, and without notice, City may, alter, remove, or protect any and all 2852
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facilities, improvements, plantings, or other property installed or placed in, on, under, or about the Combined License Area by Licensee. Upon City’s written or oral notice that an emergency exists, the owner of such utility facilities shall take immediate action at its sole expense to protect, remove, or relocate such facilities as required by City to meet the emergency.

15. Interruption or Disruption of License Area. Without limiting City’s rights under this License or any applicable Laws, if Licensee’s use of the Combined License Area is interrupted or disrupted for any reason in connection with any SFPUC request for removal or alteration of Licensee’s Facilities located on the Combined License Area pursuant to Section 14 [Removal or Alteration of Facilities] above, at its sole cost, Licensee shall be responsible for: (a) any and all costs of alteration, removal, and/or restoration of Licensee’s Facilities or other improvements or alterations to a condition similar to that which existed prior to such interruption, disruption, alteration, or removal, and (b) the implementation or satisfaction of any mitigation measures or obligations that may arise under any applicable Laws, including the California Environmental Quality Act (“CEQA”), related to any interruption or disruption of Licensee’s use of the Combined License Area. City shall not be responsible for mitigation of any potential recreational use impacts or other impacts associated with any interruption or disruption of use of the Combined License Area, or any related costs. If Licensee fails to promptly perform its obligations under this Section, at its sole option, City may elect to terminate this License immediately by written notice, or to exercise any and all other rights or remedies available to City under this License or at law, including the rights set forth in Section 19 [City’s Right to Cure Defaults by Licensee] of this License.

City would not be willing to give this License in the absence of Licensee’s assurances under this Section 15, and Licensee expressly assumes any and all liability or obligations that may arise under this Section 15.

16. Signs. In addition to Licensee’s obligations under Section 5(a) [Educational Signs] above, City, at its sole discretion, may require Licensee to install signs with language required by the SFPUC. Except (a) as expressly authorized under this Section 16, (b) as expressly authorized under Section 4 [Permitted Encroachments] or (c) for any pipeline markers required by City or any regulatory agency with jurisdiction, Licensee shall not place, erect, or maintain any sign, advertisement, banner, or similar object in, on, or about the Combined License Area without City’s prior written consent, which City may give or withhold at its sole discretion; provided, however, that, without City’s prior written consent, if necessary for Licensee’s construction use, Licensee may place in the Combined License Area a temporary sign of less than thirty (30) days’ duration that does not penetrate the ground surface.

17. Surrender. Upon the expiration of this License or within ten (10) days after any sooner revocation or other termination of this License, Licensee shall surrender the Combined License Area in the same condition as received, and broom clean, free from hazards, and clear of all debris.

At such time, Licensee shall remove all of its property from the Combined License Area and all signs other than the Educational Signs and, upon City’s request, the Facilities and any other structures, improvements, or alterations placed on the Combined License Area during the term of this License, and shall repair, at its cost, any damage to the Combined License Area caused by such removal. Licensee’s obligations under this Section shall survive any termination of this License.
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18. Repair of Damage. If any portion of the Combined License Area or any City property located on or about the Combined License Area is damaged or threatened by any of the activities conducted by Licensee or anyone acting by or through Licensee, at its sole cost, Licensee shall immediately notify City of such damage or threat by (a) telephoning the SFPUC’s dispatch operator as specified in Section 33(b) [Emergency Contacts] below, and (b) providing written notice in accordance with Section 33(a) [Notices] below. City may, but shall not be obligated to, remedy such damage or threat at Licensee’s sole cost, or City may elect to witness Licensee’s repair work. If City elects not to remedy such damage or threat, Licensee shall repair any and all such damage and restore the Combined License Area or property to its previous condition subject to City’s inspection, review, and approval. City has no responsibility or liability of any kind with respect to any utilities that may be on, in, or under the Combined License Area. Licensee is solely responsible for the location of any such utilities and other existing facilities and their protection from damage. Licensee shall be solely responsible to arrange and pay directly for any utilities or services necessary for its activities pursuant to this License; provided, Licensee shall obtain City’s prior written approval to the provision of such services or utilities in, on, under, or through the Combined License Area.

19. City’s Right to Cure Defaults by Licensee. If Licensee fails to perform any of its obligations under this License to restore the Combined License Area, remove or alter any of Licensee’s Facilities, or improvements or alterations, or repair damage, or if Licensee defaults in the performance of any of its other obligations under this License, then, at its sole option, City may remedy such failure for Licensee’s account and at Licensee’s expense by providing Licensee with three (3) days’ prior written or oral notice of City’s intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by City). Such action by City shall not be construed as a waiver of any of City’s rights or remedies under this License, and nothing in this License shall imply any duty of City to do any act that Licensee is obligated to perform. Licensee shall pay to City upon demand, all costs, damages, expenses, or liabilities incurred by City, including reasonable attorneys’, experts’, and consultants’ fees, in remedying or attempting to remedy such default. Licensee’s obligations under this Section shall survive the termination of this License.

20. No Costs to City. Licensee shall bear all costs or expenses of any kind or nature in connection with its use of the Combined License Area, and shall keep the Combined License Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the Combined License Area.

21. Indemnity. Licensee shall indemnify, defend, reimburse, and hold harmless City, its officers, agents, employees, and contractors, and each of them, from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind (“Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on, or about any part of the Combined License Area, whether such injury, death, damage, or destruction is caused by the person or property of Licensee, its officers, directors, members, employees, agents, consultants, contractors, or subcontractors (collectively, “Agents”), its invitees, guests, or business visitors (collectively, “Invitees”), or third persons, relating to any use or activity under this License, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants, or conditions of this License, (c) the use of the Combined License Area, including, without limitation, the Bridge, the other Permitted Improvements and any other improvements 2854
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installed by or on behalf of Licensee that predate this License, or any activities conducted on the Combined License Area by Licensee, its Agents, or Invitees, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee, its Agents, or Invitees, on, in, under, or about the Combined License Area, any improvements or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants, or conditions of the Recorded Documents to the extent that such terms, covenants, or conditions relate to or are triggered by the work to be performed or Facilities or other improvements or alterations installed pursuant to this License; except solely to the extent of Claims resulting directly from the willful misconduct of City or City’s authorized representatives. In addition to Licensee’s obligation to indemnify City, Licensee has an immediate and independent obligation to defend City from any claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter.

The foregoing indemnity shall include reasonable attorneys’, experts’, and consultants’ fees and costs, investigation and remediation costs, and all other reasonable costs and expenses incurred by the indemnified parties, including damages for decrease in the value of the Combined License Area and claims for damages or decreases in the value of adjoining property. Licensee’s obligations under this Section shall survive the expiration or other termination of this License.

22. Waiver of Claims.
(a) Neither City nor any of its commissions, departments, boards, officers, agents, or employees shall be liable for any damage to the property of Licensee, its officers, agents, employees, contractors, or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Combined License Area or its use by Licensee, or Licensee’s Agents or Invitees.
(b) Because this License is freely revocable by City, Licensee expressly assumes the risk of making any expenditure in connection with this License, even if such expenditures are substantial. Without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any claim for inverse condemnation or the payment of just compensation under law or equity, if City exercises its right to revoke or terminate this License. (c) Licensee acknowledges that it will not be a displaced person at the time this License is terminated or revoked or expires by its own terms, and Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including any and all claims for relocation benefits or assistance from City under federal and state relocation assistance laws.
(d) The fees payable pursuant to this License do not take into account any potential City liability for any consequential or incidental damages including lost profits and arising out of disruption to or any Facilities or other improvements or alterations installed pursuant to this License; or Licensee’s uses of the Combined License Area permitted by this License. City would 2855
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not be willing to grant this License in the absence of a waiver of liability for consequential or incidental damages resulting from the acts or omissions of City or its departments, commissions, officers, directors, and employees, and by all persons acting by, through, or under each of them, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in this License and as a material part of the consideration for this License, Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action against City for consequential and incidental damages (including lost profits) and covenants not to sue for such damages City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, arising out of this License or the uses authorized under this License, including any interference with uses conducted by Licensee pursuant to this License, regardless of the cause, and whether or not due to the negligence of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, except for the gross negligence and willful misconduct of City or its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them.
(e) As part of Licensee’s agreement to accept the Combined License Area in its “As Is” condition as provided below, and without limiting such agreement, Licensee, on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, City and its officers, agents, and employees, and their respective heirs, successors, administrators, personal representatives, and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and/or unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the Combined License Area and any related improvements or any applicable Laws or the suitability of the Combined License Area for Licensee’s intended use.
(f) In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Licensee acknowledges that the releases contained in this License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this License in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of California Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained in this License shall survive any termination of this License.

23. As Is Condition of License Area; Disability Access; Disclaimer of Representations.

Licensee accepts the Combined License Area in its “AS IS” condition, without representation or warranty of any kind by City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, and subject to all applicable Laws governing the use of the Combined License Area. Without limiting the foregoing, this License is made subject to any and all existing and future covenants, conditions, restrictions, easements, encumbrances, and other title matters affecting the Combined License Area, whether foreseen or 2856
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unforeseen, and whether such matters are of record or would be disclosed by an accurate inspection or survey.

City discloses (i) City has not been issued a disability access inspection certificate as described in California Civil Code Section 55.53(e), (ii) pursuant to California Civil Code Section 1938, that Landlord has not ordered, performed, or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the Combined License Area (sometimes referred to as “premises” or “subject premises” for the herein disclosures), and (iii) City makes the following statutory disclosure per California Civil Code Section 1938 ( required “CASp Disclosure”):
“A Certified Access Specialist (“CASp”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of constructionrelated accessibility standards within the premises.”

24. No Assignment. This License is personal to Licensee and shall not be assigned, conveyed, or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey, or otherwise transfer this License shall be null and void and cause the immediate termination and revocation of this License.

25. Cessation of Use. Licensee will not terminate its activities on the Combined License Area pursuant to this License without prior written notice to City.

26. No Joint Ventures or Partnership; No Authorization. This License does not create a partnership or joint venture between City and Licensee as to any activity conducted by Licensee on, in, or relating to the Combined License Area. Licensee is not a state actor with respect to any activity conducted by Licensee on, in, under or around the Combined License Area. City’s provision of this License does not constitute City’s authorization or approval of any activity conducted by Licensee on, in, around, or relating to the Combined License Area.

27. MacBride Principles - Northern Ireland. The provisions of San Francisco Administrative Code Section 12F are incorporated into and made a part of this License by this reference. By signing this License, Licensee confirms that Licensee has read and understood that City urges companies doing business in Northern Ireland to resolve employment inequities and to abide by the MacBride Principles, and urges San Francisco companies to do business with corporations that abide by the MacBride Principles.

28. Non-Discrimination in City Contracts and Benefits Ordinance. (a) Covenant Not to Discriminate. In the performance of this License, Licensee shall not discriminate against any employee of, any City employee working with Licensee, or applicant for employment with, Licensee, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, 2857
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ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
(b) Other Subcontracts. Licensee shall include in all subcontracts relating to the Combined License Area a non-discrimination clause applicable to such subcontractor in substantially the form of Section 28 (a) [Covenant Not to Discriminate] above. In addition, Licensee shall incorporate by reference in all subcontracts the provisions of Sections 12B.2(a), 12B.2(c)-(k), and 12C.3 of the San Francisco Administrative Code and shall require all subcontractors to comply with such provisions. Licensee’s failure to comply with the obligations in this subsection shall constitute a material breach of this License. (c) Non-Discrimination in Benefits. Licensee does not as of the date of this License and will not during the term of this License, in any of its operations in San Francisco, on real property owned by City, or where the work is being performed for City or elsewhere within the United States, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits, or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration, subject to the conditions set forth in Section 12B.2(b) of the San Francisco Administrative Code. (d) Condition to License. As a condition to this License, Licensee shall execute the “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (Form CMD-12B101) with supporting documentation and secure the approval of the form by the San Francisco Contract Monitoring Division.
(e) Incorporation of Administrative Code Provisions by Reference. The provisions of Chapters 12B and 12C of the San Francisco Administrative Code relating to non-discrimination by parties contracting for the license of City property are incorporated in this Section by reference and made a part of this License as though fully set forth. Licensee shall comply fully with and be bound by all of the provisions that apply to this License under such Chapters of the San Francisco Administrative Code, including the remedies provided in such Chapters. Without limiting the foregoing, Licensee understands that pursuant to Section 12B.2(h) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this License may be assessed against Licensee and/or deducted from any payments due Licensee.

29. Reserved.

30. Notification of Prohibition on Contributions. Licensee acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, 2858
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at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twelve months after the date the contract is approved. Licensee acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Licensee further acknowledges that (i) the prohibition on contributions applies to each Licensee; each member of Licensee’s board of directors, and Licensee’s chief executive officer, chief financial officer, and chief operating officer; any person with an ownership interest of more than ten percent (10%) in Licensee; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Licensee; and (ii) within thirty (30) days of the submission of a proposal for the contract, the City department seeking to enter into the contract must notify the Ethics Commission of the parties and any subcontractor to the contract. Additionally, Tenant certifies it has informed each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126 by the time it submitted a proposal for the contract to the City, and has provided the names of the persons required to be informed to the City department seeking to enter into that contract within thirty (30) days of submitting its contract proposal to the City department receiving that submittal, and acknowledges the City department receiving that submittal was required to notify the Ethics Commission of those persons.

31. Tropical Hardwoods and Virgin Redwoods. City urges companies not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product, except as expressly permitted by the application of Sections 802(b) and 803(b) of the San Francisco Environment Code. Except as permitted by the application of Sections 802(b) and 803(b), Licensee shall not use or incorporate any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product in the performance of this License.

32. Taxes, Assessments, Licenses, License Fees, and Liens. (a) Licensee recognizes and understands that this License may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest. Licensee further recognizes and understands that any transfer or assignment permitted under this License and any exercise of any option to renew or extend this License may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. (b) Licensee shall pay taxes of any kind, including possessory interest taxes, that may be lawfully assessed on the interest created by this License and shall pay all other taxes, excises, licenses, permit charges, and assessments based on Licensee’s usage of the Combined License Area that may be imposed upon Licensee by law, all of which shall be paid when the same become due and payable and before delinquency.
(c) Licensee shall not allow or suffer a lien for any such taxes or charges to be imposed upon the Combined License Area or upon any equipment or property located on the Combined License Area without promptly discharging the same, provided that Licensee may contest the validity of the same by paying under protest or posting adequate (at City’s sole discretion) security during any such contest.
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33. Notices.
(a) Any notice, consent, or approval required or permitted to be given under this License shall be in writing and shall be given by (i) hand delivery, against receipt, (ii) reliable next-business-day courier service that provides confirmation of delivery, or (iii) United States registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or to such other address as either party may from time to time specify in writing to the other upon five (5) days’ prior, written notice in the manner provided above):

City or the SFPUC: Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
Re: Los Altos Trail License
License P4550
Telephone No.: (415) 487-5210
with a copy to: Office of the City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Attn: Real Estate & Finance Team
Re: Los Alto Trail License
Licensee: City of Los Altos
Los Altos City Hall
1 N. San Antonio Road
Los Altos, CA 94022
Attn: City Manager
Re: Los Altos Trail
License P4550
Telephone No.: (___) ___-____
E-mail: ____________________
A properly addressed notice transmitted by one of the foregoing methods shall be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever occurs first. Any e-mail addresses, telephone numbers, or facsimile numbers provided by one party to the other shall be for convenience of communication only; neither party may give official or binding notice orally or by e-mail or facsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of an oral notice or an e-mail or telefacsimile copy of the notice.
(b) Emergency Contacts. Licensee shall immediately notify the SFPUC’s Millbrae Dispatch facility by phone at (650) 872-5900 of any emergency or incident requiring emergency response.
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(c) Day-to-Day Communications. Day-to-Day communications that are not intended as a notice or demand under this License may be communicated by email or telephone.

City’s key contact for day-to-day communications is:

Attn: Emily Read, Right of Way Manager
Natural Resources and Land Management Division
San Francisco Public Utilities Commission
1657 Rollins Road
Burlingame, CA 94010
Telephone No.: (650) 652-3204
Email: [email protected]
Los Altos’ key contact for day-to-day communications is:

Attn:_____________________
Telephone No.:______________
Email:_____________________

34. Prohibition of Tobacco Sales and Advertising. No advertising or sale of cigarettes or tobacco products is allowed on the Combined License Area. This advertising prohibition includes the placement of the name of a company producing cigarettes or tobacco products or the name of any cigarette or tobacco product in any promotion of any event or product.

35. Prohibition of Alcoholic Beverage Advertising. No advertising of alcoholic beverages is allowed on the Combined License Area. For purposes of this Section, “alcoholic beverage” shall be defined as set forth in California Business and Professions Code Section 23004, and shall not include cleaning solutions, medical supplies, and other products and substances not intended for drinking. This advertising prohibition includes the placement of the name of a company producing alcoholic beverages or the name of any alcoholic beverage in any promotion of any event or product.

36. Restrictions on the Use of Pesticides. Chapter 3 of the San Francisco Environment Code (“Integrated Pest Management Program Ordinance or “IPM Ordinance”) describes an integrated pest management (“IPM”) policy to be implemented by all City departments. Licensee shall not use or apply or allow the use or application of any pesticides on the Combined License Area or contract with any person or entity to provide pest abatement or control services to the Combined License Area without first receiving City’s written approval of an IPM plan that (a) lists, to the extent reasonably possible, the types and estimated quantities of pesticides that Licensee may need to apply to the Combined License Area during the term of this License, (b) describes the steps Licensee will take to meet the City’s IPM Policy described in Section 300 of the IPM Ordinance and (c) identifies, by name, title, address, and telephone number, an individual to act as the Licensee’s primary IPM contact person with the City. Licensee shall comply, and shall require all of Licensee’s contractors to comply, with the IPM plan approved by the City and shall comply with the requirements of Sections 300(d), 302, 304, 305(f), 305(g), and 306 of the IPM Ordinance, as if Licensee were a City department. Among other matters, such provisions of the IPM 2861
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Ordinance: (i) provide for the use of pesticides only as a last resort, (ii) prohibit the use or application of pesticides on property owned by the City, except for pesticides granted an exemption under Section 303 of the IPM Ordinance (including pesticides included on the most current Reduced Risk Pesticide List compiled by City’s Department of the Environment), (iii) impose certain notice requirements, and (iv) require Licensee to keep certain records and to report to City all pesticide use at the Combined License Area by Licensee’s staff or contractors.

If Licensee or Licensee’s contractor will apply pesticides to outdoor areas at the Combined License Area, Licensee must first obtain a written recommendation from a person holding a valid Agricultural Pest Control Advisor license issued by the California Department of Pesticide Regulation (“CDPR”) and any such pesticide application shall be made only by or under the supervision of a person holding a valid, CDPR-issued Qualified Applicator certificate or Qualified Applicator license. City’s current Reduced Risk Pesticide List and additional details about pest management on City property can be found at the San Francisco Department of the Environment website, http://sfenvironment.org/ipm.

37. Conflict of Interest. Licensee acknowledges that it is familiar with the provisions of Section 15.103 of City’s Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Sections 87100 et seq. and Sections 1090 et seq. of the California Government Code and certifies that it does not know of any facts that would constitute a violation of said provisions. If Licensee becomes aware of any such fact during the term of this License, Licensee shall immediately notify City.

38. Disclosure. City’s Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Law (Gov’t Code Sections 6250 et seq.), apply to this License and any and all records, information, and materials submitted to City in connection with this License.

Accordingly, any and all such records, information, and materials may be subject to public disclosure in accordance with City’s Sunshine Ordinance and the State Public Records Law.

Licensee authorizes City to disclose any records, information, and materials submitted to City in connection with this License.

39. Food Service and Packaging Waste Reduction. Licensee shall comply fully with and be bound by all of the provisions of the Food Service and Packaging Waste Reduction Ordinance, as set forth in San Francisco Environment Code Chapter 16, including the remedies provided therein, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated into this License by this reference and made a part of this License as though fully set forth. Capitalized terms used in this Section that are not otherwise defined in this License have the same meaning assigned to such terms in San Francisco Environment Code, Chapter 16. Accordingly, Licensee acknowledges that City contractors, lessees, and licensees may not use Disposable Food Service Ware that contains Polystyrene Foam in City Facilities while performing under a City contract, lease, or license, and shall instead use suitable Biodegradable/Compostable or Recyclable Disposable Food Service Ware. This provision is a material term of this License.

40. Severability. If any provision of this License, or its application to any person, entity, or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this License, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this License shall be valid and be enforceable to the fullest extent permitted by law, except to the extent that enforcement of this License without the invalidated provision would 2862
Agenda Item # 14.
32 Rev August 2020
be unreasonable or inequitable under all the circumstances or would frustrate a fundamental purpose of this License.

41. Cooperative Drafting. This License has been drafted through a cooperative effort of both Parties, and both Parties have had an opportunity to have the License reviewed and revised by legal counsel. No party shall be considered the drafter of this License, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this License.

42. Reserved.

43. San Francisco Packaged Water Ordinance. Licensee shall comply with San Francisco Environment Code Chapter 24 (“Chapter 24”). Licensee shall not sell, provide or otherwise distribute Packaged Water, as defined in Chapter 24 (including bottled water), in the performance of this License or on City property unless Licensee obtains a waiver from the City’s Department of the Environment. If Licensee violates this requirement, the City may exercise all remedies in this License and the Director of the City’s Department of the Environment may impose administrative fines as set forth in Chapter 24.

44. General Provisions. (a) This License may be amended or modified only by a writing signed by City and Licensee. (b) No waiver by any party of any of the provisions of this License shall be effective unless in writing and signed by an officer or other authorized representative, and only to the extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or continuing waiver of the same, or any other, provision of this License. (c) The exhibits referenced in and attached to this instrument are incorporated into this License. (d) This License contains the entire agreement between the Parties regarding the subject matter of this License, and all prior written or oral negotiations, discussions, understandings, and agreements are merged into this License. (e) The Section and other headings of this License are for convenience of reference only and shall be disregarded in the interpretation of this License. (f) Time is of the essence in all matters relating to this License. (g) This License shall be governed by California law and City’s Charter. (h) If either party commences an action against the other or a dispute arises under this License, the prevailing party shall be entitled to recover from the other reasonable attorneys’ fees and costs. For purposes of this License and the indemnifications set forth in this License, reasonable attorneys’ fees of City shall be based on the fees regularly charged by private attorneys in San Francisco with comparable experience notwithstanding City’s use of its own attorneys. (i) If Licensee consists of more than one person then the obligations of each person shall be joint and several. (j) Licensee may not record this License or any memorandum of this License. (k) Subject to the prohibition against assignments or other transfers by Licensee hereunder, this License shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. (l) Any sale or conveyance of the property burdened by this License by City shall automatically revoke this License. (m) Notwithstanding anything to the contrary contained in this License, no officer or employee of City has authority to commit City to this License unless and until a resolution of the SFPUC shall have been duly adopted approving this License and authorizing the transaction contemplated by this License. Therefore, any of City’s obligations or liabilities pursuant to or under this License are contingent upon enactment of such a resolution, and this License shall be null and void if, at its sole discretion, the SFPUC does not approve this License. (n) Each of the persons executing this License on Licensee’s behalf do hereby represent and warrant that Licensee is a duly formed or organized (as applicable) and validly existing entity under the laws of California, that Licensee 2863
Agenda Item # 14.
33 Rev August 2020
is in good standing and qualified to do business in California (and covenants to maintain such status during the term of this License), that Licensee has full right and authority to enter into this License, and that each and all of the persons signing on behalf of Licensee are authorized to do so.

Upon City’s request, Licensee shall provide City with evidence reasonably satisfactory to City confirming the foregoing representations and warranties. (o) Except as expressly provided to the contrary, all approvals, consents, and determinations to be made by City under this License may be made at City’s sole and absolute discretion. (p) Whenever this License requires City’s or the SFPUC’s consent or approval, the General Manager of the SFPUC, or his or her designee, shall be authorized to provide such consent or approval, except as otherwise provided by applicable Laws, including City’s Charter, or by the SFPUC’s Real Estate Guidelines. No consent, approval, election, or option shall be effective unless given, made, or exercised in writing. (q) This License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. (r) City and Licensee respectively agree to execute and deliver such further instruments and to take such further actions as City may reasonably request from time to time in order to carry out the provisions of this License. (s) Use of the word “including” or similar words will not be construed to limit any general term, statement, or other matter in this License, whether or not language of non-limitation, such as “without limitation” or similar words, are used.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE,

NO OFFICER OR EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS LICENSE UNLESS AND UNTIL CITY’S PUBLIC UTILITIES COMMISSION SHALL HAVE

DULY ADOPTED A RESOLUTION APPROVING THIS LICENSE AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED IN THIS LICENSE. THEREFORE, ANY

OBLIGATIONS OR LIABILITIES OF CITY UNDER THIS LICENSE ARE CONTINGENT

UPON ADOPTION OF SUCH A RESOLUTION, AND THIS LICENSE SHALL BE NULL AND VOID IF CITY’S PUBLIC UTILITIES COMMISSION DO NOT APPROVE THIS LICENSE, AT THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF THIS LICENSE

BY ANY DEPARTMENT, COMMISSION, OR AGENCY OF CITY SHALL NOT BE

DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ENACTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON CITY.
[SIGNATURES ON FOLLOWING PAGE]
2864
Agenda Item # 14.
34 Rev August 2020

LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND

UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO

REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS.

LICENSEE:

CITY OF LOS ALTOS,
a municipal corporation
By: ____________________________________
Name: ____________________________________
Its: ____________________________________
Date: ____________________________________
CITY:

CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By: ____________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
Date: ____________________________________
APPROVED AS TO FORM:

DAVID CHIU
City Attorney
By: __________________
Vincent L. Brown
Deputy City Attorney
Authorized by
San Francisco Public Utilities Commission
Resolution No. _________________________
Adopted: _________________________
2865
Agenda Item # 14.

EXHIBIT A
Description of Pathway Area
Approximately 80,000 square feet of all that certain real property located in the City of Los Altos, County of Santa Clara, California, described as follows:

The Pathway Area consists of the entirety of SFPUC Parcel Nos. 236 and 237, according to SFPUC records and as shown on the attached Exhibit B and made a part of this License. 2866
Agenda Item # 14.

EXHIBIT B
Depiction of Combined License Area
[see attached]
2867
Agenda Item # 14.

EXHIBIT B-1
Depiction of 1961 Revocable Permit Area for Street and Sewer Crossings [see attached]
2868
Agenda Item # 14.

EXHIBIT B-2
Depiction of 1963 Revocable Permit Area for Street Crossing, Storm Drain and Fire Access Roadway
[see attached]
2869
Agenda Item # 14.

EXHIBIT B-3
Depiction of 1972 Revocable Permit Area for Street Widening and Landscaping [see attached]
2870
Agenda Item # 14.

EXHIBIT B-4
Engineering Drawings for 1974 Adobe Creek Pedestrian and Bicycle Bridge [see attached]
2871
Agenda Item # 14.

EXHIBIT B-5
Depiction of 1987 Revocable Permit Area for Bicycle Path and Landscaping [see attached]
2872
Agenda Item # 14.

EXHIBIT B-6
Depiction of 1985 Drawing for Added Permit Area
[see attached]
2873
Agenda Item # 14.

EXHIBIT C
Depiction of Maintenance Area
[see attached]
2874
Agenda Item # 14.

EXHIBIT D
Deeds
[see attached]
2875
Agenda Item # 14.

EXHIBIT E
Approved Plans and Specifications
[see attached]
2876
Agenda Item # 14.

EXHIBIT F
SFPUC Vegetation Management Policy
[see attached]
2877
Agenda Item # 14.

EXHIBIT G
SFPUC Encroachment Policy
[see attached]
2878
Agenda Item # 14.

AMENDMENT TO THE

RIGHT OF WAY INTEGRATED VEGETATION MANAGEMENT POLICY
Approved January 13, 2015
by
SFPUC Resolution No. 15‐0014
2879
Agenda Item # 14.

12.000 RIGHT OF WAY INTEGRATED VEGETATION MANAGEMENT POLICY

12.001 General
The San Francisco Public Utilities Commission (“SFPUC”) is responsible for the delivery of potable water and the collection and treatment of wastewater for some 800,000 customers within the City of San Francisco; it is also responsible for the delivery of potable water to 26 other water retailers with a customer base of 1.8 million. The following policy is established to manage vegetation on the transmission, distribution and collection systems within the SFPUC Right of Way (“ROW”) so that it does not pose a threat or hazard to the system’s integrity and infrastructure or impede utility maintenance and operations.

The existence of large woody vegetation1
, hereinafter referred to as vegetation, and water transmission lines within the ROW are not compatible and, in fact, are mutually exclusive uses of the same space.

Roots can impact transmission pipelines by causing corrosion. The existence of trees and other vegetation directly adjacent to pipelines makes emergency and annual maintenance very difficult, hazardous, and expensive, and increases concerns for public safety. The risk of fire within the ROW is always a concern and the reduction of fire ladder fuels within these corridors is another reason to modify the vegetation mosaic. In addition to managing vegetation in a timely manner to prevent any disruption in utility service, the SFPUC also manages vegetation on its ROW to comply with local fire ordinances enacted to protect public safety.

One of the other objectives of this policy is to reduce and eliminate as much as practicable the use of herbicides on vegetation within the ROW and to implement integrated pest management (IPM).

12.002 Woody Vegetation Management

1.0 Vegetation of any size or species will not be allowed to grow within certain critical portions of the ROW, pumping stations or other facilities as determined by a SFPUC qualified professional, and generally in accordance with the following guidelines.

1.1 Emergency Removal
SFPUC Management reserves the right to remove any vegetation without prior public notification that has been assessed by a SFPUC qualified professional as an immediate threat to transmission lines or other utility infrastructure, human life and property due to acts of God, insects, disease, or natural mortality.

1.2 Priority Removal
Vegetation that is within 15 feet of the edge of any pipe will be removed and the vegetative debris will be cut into short lengths and chipped whenever possible. Chips will be spread upon the site where the vegetation was removed. Material that cannot be chipped will be hauled away to a proper disposal site.

1 Woody vegetation is defined as all brush, tree and ornamental shrub species planted in (or naturally occurring in) the native soil having a woody stem that at maturity exceeds 3 inches in diameter. 2880
Agenda Item # 14.

If vegetation along the ROW is grouped in contiguous stands2 , or populations, a systematic and
staggered removal of that vegetation will be undertaken to replicate a natural appearance. Initial removal3 will be vegetation immediately above or within 15 feet of the pipeline edges; secondary vegetation4 within 15 to 25 feet from pipelines will then be removed.

1.3 Standard Removal
Vegetation that is more than 25 feet from the edge of a pipeline and up to the boundary of the ROW will be assessed by a SFPUC qualified professional for its age and condition, fire risk, and potential impact to the pipelines. Based on this assessment, the vegetation will be removed or retained.

1.4 Removal Standards
Each Operating Division will develop its own set of guidelines or follow established requirements in accordance with local needs.

2.0 All stems of vegetation will be cut flush with the ground and where deemed necessary or appropriate, roots will be removed. All trees identified for removal will be clearly marked with paint and/or a numbered aluminum tag.

3.0 Sprouting species of vegetation will be treated with herbicides where practicable, adhering to provisions of Chapter 3 of the San Francisco Environment Code.

4.0 Erosion control measures, where needed, will be completed before the work crew or contractors leave the work site or before October 15 of the calendar year.

5.0 Department personnel will remove in a timely manner any and all material that has been cut for maintenance purposes within any stream channel.

6.0 All vegetation removal work and consultation on vegetation retention will be reviewed and supervised by a SFPUC qualified professional. All vegetation removal work and/or treatment will be made on a case‐by‐case basis by a SFPUC qualified professional.

7.0 Notification process for areas of significant resource impact that are beyond regular and ongoing maintenance:

7.1 County/City Notification – The individual Operating Division will have sent to the affected county/city a map showing the sections of the ROW which will be worked, a written description of the work to be done, the appropriate removal time for the work crews, and a contact person for more information. This should be done approximately 10 days prior to start of work. Each Operating Division will develop its own set of guidelines in accordance with local need.

2 A stand is defined as a community of trees possessing sufficient uniformity in composition, structure, age, arrangement, or condition to be distinguishable from adjacent forest communities to form a management unit. 3 Initial removal is defined as the vegetation removed during the base year or first year of cutting. 4 Secondary vegetation is defined as the vegetative growth during the second year following the base year for cutting.
2881
Agenda Item # 14.

7.2 Public Notification – The Operating Division will have notices posted at areas where the vegetation is to be removed with the same information as above also approximately 10 days prior to removal. Notices will also be sent to all property owners within 300 feet of the removal site. Posted notices will be 11‐ by 17‐inches in size on colored paper and will be put up at each end of the project area and at crossover points through the ROW. Questions and complaints from the public will be handled through a designated contact person. Each Operating Division will develop its own set of guidelines in accordance with local needs.

12.003 Annual Grass and Weed Management
Annual grasses and weeds will be mowed, disked, sprayed or mulched along the ROW as appropriate to reduce vegetation and potential fire danger annually. This treatment should be completed before July 30 of each year. This date is targeted to allow the grasses, forbs and weeds to reach maturity and facilitate control for the season.

12.004 Segments of ROW that are covered by Agricultural deed rights The only vegetation that may be planted within the ROW on those segments where an adjacent owner has Deeded Agricultural Rights will be: non‐woody herbaceous plants such as grasses, flowers, bulbs, or vegetables.

12.005 Segments of ROW that are managed and maintained under a Lease or License Special allowance may be made for these types of areas, as the vegetation will be maintained by the licensed user as per agreement with the City, and not allowed to grow unchecked. Only shallow rooted plants may be planted directly above the pipelines.

Within the above segments, the cost of vegetation maintenance and removal will be borne by the tenant or licensee exclusively. In a like fashion, when new vegetative encroachments are discovered they will be assessed by a SFPUC qualified professional on a case‐by‐case basis and either be permitted or proposed for removal.

The following is a guideline for the size at maturity of plants (small trees, shrubs, and groundcover) that may be permitted to be used as landscape materials. Note: All distance measurements are for mature trees and plants measured from the edge of the drip‐line to the edge of the pipeline.  Plants that may be permitted to be planted directly above existing and future pipelines: shallow rooted plants such as ground cover, grasses, flowers, and very low growing plants that grow to a maximum of one foot in height at maturity.
 Plants that may be permitted to be planted 15–25 feet from the edge of existing and future pipelines: shrubs and plants that grow to a maximum of five feet in height at maturity.  Plants that may be permitted to be planted 25 feet or more from the edge of existing and future pipelines: small trees or shrubs that grow to a maximum of twenty feet in height and fifteen feet in canopy width.
2882
Agenda Item # 14.

Trees and plants that exceed the maximum height and size limit (described above) may be permitted within a leased or licensed area provided they are in containers and are above ground. Container load and placement location(s) are subject to review and approval by the SFPUC.

Low water use plant species are encouraged and invasive plant species are not allowed.

All appurtenances, vaults, and facility infrastructure must remain visible and accessible at all times. All determinations of species acceptability will be made by a SFPUC qualified professional.

The above policy is for general application and for internal administration purposes only and may not be relied upon by any third party for any reason whatsoever. The SFPUC reserves the right at its sole discretion, to establish stricter policies in any particular situation and to revise and update the above policy at any time.
2883
Agenda Item # 14.

Illustration not to scale
25 feet
Water
Pipelines
End of SFPUC Right of Way
Grass, Flowers and Ground Cover Zone Small Shrub Zone Small Tree Zone 15 feet 10 feet
San Francisco Public Utilities Commission (SFPUC)
Right Of Way (ROW) Landscape Vegetation Guidelines
The following vegetation types are permitted on the ROW within the appropriate zones.

Plantings that may be
permitted 15–25 feet
from the edge of
existing and future
pipelines:

Shrubs and plants that
grow no more than five
feet tall in height
at maturity.

Plantings that may be permitted
directly above existing and future
pipelines:

Ground cover, grasses, flowers, and
very low growing plants that reach
no more than one foot in height at
maturity.

Plantings that may be
permitted 25 feet or
more from the edge
of existing and future
pipelines:

Small trees or shrubs
that grow to a maximum
of twenty feet in height
and fifteen feet in
canopy width or less.
2884
Agenda Item # 14.
,..,
I

SAN FRANCISCO WATER DEPARTMENT

LAND USE PERMIT
Pursuant to authority granted by the Public Utilities Commission, pennlsslon Is hereby granted to

CITY OF LOS ALTOS
ONE NORTH SAN ANTONIO ROAD .

LOS ALTOS, CALIFORNIA 94022
(hereinafter called "Pennlttee") to occupy and utilize the following described parcel or premises owned by the City and County of San Francisco (hereinafter called "City'') an under jurisdiction of the Water Department:

The entirety of Parcel 233-A and portion of Parcels 232-A, 234-A, 236 and 237 of Bay Division Pipeline Nos. 3 and 4 right of way according to San Francisco Water Department records; said parcels as shown on San Francisco Water Department drawing C-1061-1 attached hereto and made a part hereof. Containing · 2. 53 acres more or less;
for the purpose of bicycle path and landscaping at the location referred to above.

This permit Is granted subject to the following conditions:

1. Unless otherwise spec111cally provided herein this permit shall become effective when the Public Ututtles Com· mission or Its authorized representative and the Pennlttee have signed lt. A copy shall be furnished to Permittee.

2. This permit does not constitute a lease, deed or grant of an easement, or of a fee tnterest by City. It Is not transferable or assignable, and Is revocable at any time at the option of the Public Utllltles Commission.

3. The use authorized by this permit Is ltmlted solely to the purposes set forth heretn, and, except as expressly herein provided, construction, excavation or installation of structures is not authorized.

4. Neither City nor any commission, board, officer, or employee thereof shall be held responsible or liable for damage to any property of the Permittee tnstalled or located on the premises covered by this permit.

5. Permittee shall at all times keep City's lands In good and sightly condition, so far as the same may be af. fected by Permittee's operation hereunder.

G. In the event City Institutes and prevails tn any action for the enforcement of any of Its rlghts hereunder, Permittee will pay to City such reasonable attorney's fees as may be determined by the Court, as part of the costs ot such action.

F-3940-1
• •• t •
2885
Agenda Item # 14.
•
·~

7. Permittee shall, on receipt of notice to do so and within such reasonable time limits as may be fixed by said notice, alter or remove at his own expense any of his Improvements, plantings, or other property to such ex· tent as may be required to avoid Interference with any of City's pipe, power lines, or other structures now or hereafter to be constructed, wlth the maintenance thereof, or wlth any other operations or land use by City.

In the event Permittee fails to alter or remove any ot hls Improvements, plantings, or othe-r property within the time limit specified In said notice, sold Improvements, plantings, or other property may be removed by City, the reasonable expense of which shall be paid to City by Permittee.

B. ln the event of any emergency Clty may, at Its sole option and wlthout notice, alter, remove or protect at Per· mlttee's expense, any Improvements, plantings, or other property, except utility facilities owned either by a private company or a public agency. On notice that an emergency exists, owners of utility facilities, at their own expense, must take immediate action to protect. remove or relocate such facilities as required to meet the emergency.

9. Permittee shall be responsible and liable for any and all damage to City's structures or property, due directly or Indirectly to Permittee's occupation and use of City lands pursuant to this permit, and shall promptly pay any just claim therefor. Permittee shall assume the defense of and lnderM!fy and save harmless the City and County of San Francisco, Its Public Utilities Commission, officers, and employees from all claims, loss, !lens, damage, Injury and liability of every kind, nature and description, directly or Indirectly arising from Permit· tee's occupation and use of City lands pursuant to this permit regardless of responsibility lor negligence.

10. Any gardening or landscaping shall be llmit<!d to low growing shrubs, grass or plants. Planting of trees on pipeline or electric line rights-of-way Is expressly not permitted.

11. To the extent that any spacial conditions set forth herein confilct wlth or are Inconsistent with the printed conditions, the special conditions shall prevail.

12. In the event the purpose of thls permit Is to allow Permittee to Install utlllty facilities underground across City's premises, the clear distance between the bottom of Permittee's Installation and the top of City's existing and proposed future water lines shall not be less than six Inches and Permittee's said Installation shall be placed at an approximately constant grade for the entire crossing.

13. In the event the purpose of this permit Is to allow Permittee to Install utility fnclllt!es underground aeross City's premises, Permittee shall properly mark the alignment of the underground lnstallotlon 'wlth witness posts.

14. All conditions of this permit are •ubject to periodic reviel''·

15. This permit supersedes and revokes permit numbered 3137 commencing June 1974 and issued to City of Los Altos.

16. This permit is made subject to restrictions, .conditions and to any and all easements and encumbrances of record.

17. 'Pursuant to Section 7 of this permit, City shall not be responsible for replacement of Permittee's improvements, plantings or other property.

In the event maintenance is required on the existing pipelines or the installation of an additional line, then all costs of removing and replacing the Permittee's improvements shall be at no cost to the City.

18. Trees are expressly prohibited on Premises. Plants used for landscaping shall not exceed six (6) feet in height .and shall be limited to varieties whose trunk at maturity does not exceed three (3) inches in diameter at a point six (6) inches above the ground surface.

19. Permittee's improvements and permitted area shall be in accordance with:
(1) drawing entitled "Preliminary Landscape Plan" dated. July 11, 1973, (revised March 21, 1974) prepared by Royston, Hanamoto, Beck & Abey, Landscape Architects; (2) set of Plans prepared by George Nolte and Associates, drawing numbers 6070-73, sheets 2, 3, 4 and 5 dated May 1974; and (3) drawing from City of Los Altos dated November 19, 1985, showing added permit area for City of Los Altos. Copies of said drawings, bearing signed approval of General Manager and Chief Engineer of San Francisco, hereinafter called "Manager", are on file with the Water Department.

Permittee shall not perform any new earthwork, construction work or alteration work on Premises without prior written approval of Manager. Permittee shall notify the Manager of Suburban Operations of the San Francisco Water Department, Telephone (415) 697-4424, five (5) working days prior to the date of undertaking any work so approved.

20. Permittee shall exercise extreme care in the use of any tools and equipment in the course of any work permitted hereunder so as to not damage or injure City's pipelines or appurtenances. Permittee's use of vehicles and construction equipment within twenty (20) feet of City's pipelines shall be restricted as follows:

F-394G-2
a. Minimal cover over the pipelines shall be three (3)
feet.
2886
Agenda Item # 14.
b. "Axle loading" of vehicles and construction equipment shall not exceed 11 AASHO Standard H-10 Loading". H-10 loading is defined as loading caused by a two axle truck with a gross weight of ten tons (20,000 lbs.), axles 14 feet apart, and rear axle carrying 8 tons (16, 000 lbs.). It is Permittee's responsibility to provide substantiation that his equipment meets this requirement. Should this loading requirement prove to be inadequate protection for the pipelines, a more stringent limitation should be effective upon City's notice to Permittee. c. The use of vibrating compaction equipment is prohibited.

21. Permit drawing attached and made a part of this permit shows the location of all City's pipeline right-of-way survey monuments. These monument points are noted in the drawings as "Existing" for monuments in place, and "Missing" for monuments not in place.

In accepting this permit, Permittee acknowledges that "existing" monuments are in good condition. During the term of this permit, Permittee shall assume full responsibility for protecting "existing" monuments from dislocation, damage and destruction.

Permittee agrees to reimburse City in the amount of $750.00 for each monument necessitating resurvey, repair and/or replacement.

During the term of this permit, the City may replace "missing" monuments, or install new monuments. When "missing" monuments are replaced, or new monuments installed, the Permittee will be given written notice and thereafter Permittee shall assume the same protection and reimbursement responsibilities as with "existing" monuments provided herebefore.

22. This permit shall commence retroactively from December 1, 1985 and shall be subject to annual review unless revoked sooner, pursuant to hereinabove Condition •No. 2.

23. Permittee shall reimburse the City for fifty percent (50%) of all taxes and assessments levied on the subje'ct permit area. Permittee recognizes and understands that this permit may create a possessory interest subject to property taxation and that the Permittee may be subject to the payment of property taxes levied on such interest.

24. Exhibit A entitled "Addendum to All City and County of San Francisco Contracts" is attached hereto and is hereby incorporated by reference • ..
2887
Agenda Item # 14.

25. f»!Uf S.ltlfllUI Mt rrpaerJI Ryue IOIM£MRII
••11l1tht llfttl 10 •t"'ll"' ln rorae dwrlnr tht tthunu ot lhJt ptr.U, and &I ttl cott t..rul I•P•ft••· eo-.r.ntntlwt f1Atral it&•llllJ SnavranGt, lnll~4,nl twc.-ottlt and prod~cla llattlllJ fn•uranu tt t .. l\~lr•4 a.r &ne r..-u. UllllUn Co•LttlOft, 'ft\t "olltf or •oUtha of aald lntlllrtnca •••II no .. •• lftluttd, or 11 adolclonal lnawttdo, Clcr. Pwollt Utllltltt co .. toalon and tea ao.Otta, and ••• orrloua, acanu and ooplorno or uon. Sold pollor or poUoua anall lnaw,.. utd pttto111 •ltlnat lou or lllllllliJ tor dauan tor 1>041l,r lnJvrp, ducn or pnporcr d&a&ft oouUontd ~~ ••••on or cno oparoclona ot farattcto lo,oa &n4 .... , tba proportp porattctd to •• oot~lod bJ or wtod •Hn alnl• .. U .. UIIr Uatu N toUoa11
ror lu,dllr lnJUI'J or d•aUJ of u, ont Pt"Oit and
tor a.o4UJ tnJvrJ or tS•aUt ot avo or Mtt ptJ•tou • tn anr one cccvrrtno•; aft4 t•r ...... &o ,,.. •• ,.., reavUtnc ,,... ur one ouvrrl'nat.

A cop' of •aid lnturan•• polt•r or poll~l•• tb&ll -· r~rnltb•d to lftt Otnaral "-n•&•r and Chief l:ncl.n•ar .. lu Prtlutlaao Vat•r C.part .. n$ ,naretnatt•r hf•I'Hd to u Man•••r .vpon the ... o~.~u..on at \t\U per-.u IJ\d anaU c:ontatn • PN•hlon lbal •rtu•n noUc• or oanuUas.1~ or ot an1 ••Ur\&1 chan•• tntr1of lb&ll •• 4fll¥11'f4 lO K&na,tP lblrtr (JOt dara lft &dYaACI or \ht tfractlVt 4att lhtraof,ln lnl •nn.l lflat. otfttft th&n U\t aftu·•aald t•r•on• •n na•d tn lal4 ponr:t or pollcltl u ln•t.~,..dt • or 14d1tlonal lnavre41. ··~'''' lha11 turftltft Manaatr •lth ••• ,t.rao\or,r ••••r~llllr or '"'.,..,. tft• dor.aMnl tftfNM• Approwt4 to,_ •t -"• lut lwo aroreeiUtli •rul:o"t•AU .., •• Mla.ln•d troa Jlllna&tr.

Tftoroot\or on<l •~rlnl \~o \ora of \blo po,.lt, ,,,.,,,,, obtll t~rnl•~ \o M6n••••• fro• ,, .. to liM, a 4•11 .... wh4 .. rcHiuiO u tbt otrool \hU l~o lnouran .. '"""'' t•rnhhd to tur Ia •o1nc aa!nlllnod ,, Po~ltoo, 3oo• poiiOitt or GtrllfiCtltl lhall lt 111 .. 4 Ot I OOap&nf or ooaptnlll IP• prowo<l In wriUnt tp Cllr't Controller tll4 u to fora'' Cllt'l CUJ &tUI"'ItJ.h~u .. thoU lnar .... lno otorau14 11•11• .,.,. lilt wrlnoa u- ot tiiJ protldt• liiU taU lnartUII trt ttN-U ..., J..aUfhDit 01 CUr• February 4, 1987
P£1U&rrrU
~t: of IDS Altos
By~~ City Manager 2~
n.~--------------------------
CITY AND COUNTY or SAN FllAHCISCO
PUBLIC \1l'JUTU:S COIIUUSSION
ee-u M.uLtCIIr/C Wl'lllllk
San
Engineer
2888
Agenda Item # 14.

J
.. EXHIBIT A
CIW'TD 12C f1f ftl SAl' rldCISCO .IIIIIBlsn.ArlVI CQDI
AKDIDDIG 1'D SAN PIAIICISCO ADKINISTU.TIVZ COOl If ADD tal CHAI'I'D 12C THElZTO, PIOHtllnJIG DISCUKUIATI(II II lUW. PRO!'IIT! ton'UCTS Oll TBI. GaOtiiCD 01 BICADSE DP' JACt, COLOI, CJIID, RATIOIIll. OllCDI, o\IIC.ISTit, ACE, SD., SUDAL OllDITAnCII 01 DISI.BlLln.

Be it orct.iaed by tbe People of the City aud Couaty of Saa Fraac:tsc.o:

Section 1. Chapter lZC ts added to tba SaD Praoc.iaco Adainistrative Coda to read u follOVII:

CIIAPTD. 12C
IIOlmiSCI.IMDU.TIO. II n.OPD.n CXIITUCTS
S!C. l2C.1. All Proeerty Coatncta to loc.lude Roadbcriailllltioo ProridODil.

All coatracttaa aaeociea of the City aad County of San Fraaciaco, or any depart- •nt. thereof, actina; for or oo behalf of the City aDd Ccnmty, shall toc.lude tn all cootracts, fraachiaea, leases, cooceaaiona ot other asr .... nta iowol~ina the leaae, rntal, or other uu of real prOJMirtJ aod illprav..antll tbereoa of the City awl CountJ of SaD h"aac:taco, for a period uceedt.aa: tveDty-oine (29) days to aD}' cal&Ddar year, vMt.ber by ainaular or cu.ulat198 inetru.ent, a prowisioa obltaatiaa tba cootractor, franc.hi•ea, leeaaa, coacasaJooaire, or other party of said aar...-nt not to dtac.rtaiaata oa the arouad or becauae of race, color, creed, aatiooal oriaia, aoc.eatry, aae, aex, sezual oriatlltioa or dbabi.lity qaiut aDJ ~raoa aaekioa ac.~attoaa, advaDtll&ea, faetlitt ... pri~il .. ea, .. t.Yicea, or ..-berabip iD all buaiDeaa, social, or. other aatabltah- •nta or orauiutt.., operettq froa or Mk.i"DJ use of utd real property. aDd aball require such cootractot 0 fraochiaee, 1 ...... or cODC.uaioaaira to iDc:l»da a siailar ptoYiaioo iD all ~cmttacta, aubleuea, or other aubordie.ste qre..uata for a period eueediq tweoty-dDe (29) ct.ya iD any c.aleDdar y .. r, vbetber by aiapslar or C\8ollative ie.stn-at, let, -rdad. aeaotiated or ctered into tbe:reuader.

SIC. 12C.2. Deftaitiaaa.

As ....-.4 1a. thia chapter the tar.:
".tae" for the purpoM of .-berabip refen to aad aball iaclwte aD)' peraoo. who baa atta1-d the aa• of etabt..a. (18) ,..n, escept for boaa fide aeaior citi&n orp.a.iaatlooa. "Coatract" eball •a Slid iaclude a aaree-at to operata fro. or .. u use of r-.1 property of tM City aDd Cou:Dty of SIUI Praaciac:o ill the operatioa of • bua1Deaa, aoc:tal. or otber uubliel.aot or orpoiaaUo'll.
"Cootractar" .,.._ aay pereoa or ~reona. fin, partaerabip, corporatioD, or cOIIbi- -tioa tbereof, who eaten into a coatract to Operate fro. or ..U use of r .. l property of tbe City aDd Cou:aty of San f'raDCUC.O in tbe operation of a bQaineaa, social, or other .. tabltat.eat or orsaaiuU.oa.
"Subc.oatract" shall --.a Uld include an •aree:-nt or c:oatract under or aubordiD&te to a pr~ coatract, fraoc.hiae, l ... e, or conceaaiou to operate fro- or .. ke uee of Teal property of tha City and Cou:r&ty of Sao Fraociaco in the operation of a baatneaa, social or other .. tablin.nt or orpai&atioD.
"Concaasiou" iaclud•• a araat of laDd or other property by or oD behalf of the City and Couaty of San lraaeiaco to a peraoa for tha purpose or use s~1f1ed in said grant. "Cooceaaionaire" shall .eaa aDd iaclude a persoa vho 1a the araat- or beneficiary of a coac.eaaioa aa heralD defiaed.
"Pra:achiaa". aball ... a aDd iac.lude a ri&bt or pri~Uese conferred by arant fr011 the City aad CcNaty of Saa PraGC:illc.o, or aDJ eontractiDI qency thereof. and vested in end authoriaiaa a paraoo to coaduct such buaineaa, .acial, or other activity aa ia apecified 1D aaid araat.
• "Pranchia-" shall -..a and include a ~r11on .tao ia the araDtee or beneficial'}' of a franc:hiN a• hareia def iDed.
"lDat~t" 11b.al.l -a.n .ad iDc.lude a contract, franc:hJse, luu. concesaJon or otlu!r aar~t to operate fro~~ or -ke - of r-1 property of the City and Couat)' of Saa FTaaciaco 1D tbe operat1oa of a buaiDea•. social or other establ1a~nt or orRaaiution. .• ""Lea .. " shall -.a.11 ad include a col:!. tract by which the City and County of San rraDCiaco, or S11J c.ontracttna aaeoc.y thereof, 1raata to e peraoa tbe te.porary poaaeaaioa ~ use of property, for r ... rd. sad tbe latter aareea to retura the .... to the for.er at a future tt-.
'"La.aee" shall .aan aa4 inc:lude a per.an or teoaat tak1na poaaeaaioa of real property aDder a laa.M aa hereiD prcwlded.
"Subleas.e" shall -an aDd include a leue by which a leuee or tenant sranta or leta to tDOther penon part ar all of the leued. real property for a aborter ten and UDder which uid leaa.ee or teMot retaina ao.e risht or totereat under tbe ortstnal leaae, "R&a.l PJ'operty" a ball auo aDCl tllC.lwfe laad to vhicb the cl ty and County of San Franeiaco hold& a lesal tratereat aDd illprvt'~nta to aaid real property. "Se:.;" ahall ..a the character of bdn& male Ql' f-...le. "Sexual Orientation" ahall aeao the cbotce of humaJ:I ad1.1lt aexual partner accordto& to sender.
"Diaability" 1a a pbyaieal or ~DeDtal 1Wip&inteot vhtch doea not •k• the per.oa incapable of .. ttaa ~· of the acc~ationa, advantaaea, fac:ilitiea, prt•ilqea, aentcea or -.berahip to buatoeaa, .ocU.l or other eatabliahM:Dta or orsantutiooa v1tb a ruaonable ac:c~t1ou to hia or her diaabUity, aad doe& not -te the perSOD toeapabla of ..ttoa auch uaa 1D a .. nner which would not ndaq;er hh or her health and .. tety or ~ health aud ufety of otben.
"Tenant" shall MaD the person or persona, fir., partnership, corporation or coldlinatioa tbe.reof vho· enter toto a contract, fraoc.h1••• le.aae, cooc.essiOb or other aaree- •nt inwolvina the luae, rental or other use of real property and iaproveaenu thereon of the CitJ and Couuty of San Francisco.

SEC. llC.J. Nondtacrt.ination Proviaiona of Property Contracts. !ftry contract. fraac.hiee, lease, conc:eaaioo or other aare..ent entered into by any aaenc:y of tbe City aDd Couaty of San Frsnciac:o, or aD7 depare.ent thereof, inwolvina the le&&e, re-ntal, or other use of real property and iapro~ta tlllfr.on of the City and County of SaD Pranc.iaeo for a period exc.eedina tV.OtJ-aine (29) daya in any c:ellmdar year, whether b)' aiaaular or ~b.tive inatnmeat, shall contain the provisions following, vhich &hall be lutovu a& the noadiac.rlainatioo provisions of .uch property contract.

In the! p,erfon~~~nc:e of this coatrec.t, the tenat~.t aarees aa follows:
(a) The teaaat or subteaaat vill not discr:lainate &Jainat &DJ' person .. ekiq acc:oeaodationa, ad~&ntaaea, facilities, privileae•. services, or ..-bership in tbe busineaa, social or otber eatabliab.ent or oraaaization operated by the tenant or subtenant on tha real property of the City and CountJ of San Pr&Dtiaco, on the around or because of race, color, creed, Datioaal oriain, eaceatry. aae, sex, aezual or1eatation, or disability. (b) Should the teDUt or subteaaot operate as a -berahip orsantution, the tenant will ~rait access to his meaherahip recorda, rulea, regulatioa. &ad other pertiDent data, by tha awardina authority, or the San Francisco Duman Risbta Co!Diaaioa, for the purpoaa of itrf'estiaattna to ascertain coarpliance with the nondiscrt.ination provisiona of this contract, aod on request provide evideace that has or will co.ply with the aondiecrtaiaation proviai~ of this contract. (c) Tb.t teD&Dt or aubtenaa.t ahall be de..ed to have breached the nondiacri:ailllltion proYieiona of th1a contract upon;
(1) A fiadinJ! by the Director of the Sa.a. Fraa.c.taco H~a Riahta ec-iaaion or such other official vho -Y be desia11ated by the Human Rights C~astoo, that teD&Dt baa wilfully violated such DODdiacriaination provisions. (2) Upon .Ucb findin& by the Director of the Human Riztlta Coaaisaloa, oi" otbn offitial destanated bJ the llwllaa Rights C0111111isston, the avardina authority shall notify tenant, or subtenant that unleaa he demonstrates to the aatiafaction of the Director of the San Francisco Human Rights Commission or other official designated by the Hu.aP Riahu C0111tisaion vithin auch reaeonable period as the HUIII&n Rights C~aaton shall deter.ine, that the violation ha~ been corrected, action will be takea as sat forth iD aubparairaph (d).
(3) The Hwnan Rtahu Coaaisaion shall. within ten days of the date of isauaoce of any fiodina by the Dire~tor of the Huaan Rishts c~saion ~r other official designated by the Coaaiaaioa in the enforca.ent of this chapter, -n to any person or pe:taollS afftfGJ:ed by said findina, a copy of said findina, toJ!ether with written a.otic.e of hill/'i-Tght to appeal. !:otice of appeal 1DU8t be filed in wriUna v1th the Chair.an o!the Commission vithin ZO daya of the date of mailing said copy and noti~e. (4) For purposea of appeal proceedings under thia section, a quorum shall con~ aist of eight -bers of the Collllttasion. The vote of the -jcrtty o{ the full Commission shall be necessary to affirm, reverse or ~dify such decislona, order ot other action rendered hereunde~. Should a meaber of the Human Rights C~isaion be deaiga.ated under Section 128.2 (c) (1) of this contract, that commissioner_, not participate in an appeal under this section eacept as a witness. :.:_, l ~ r ~ ~
2889
Agenda Item # 14.
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Agenda Item # 14.
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2891
Agenda Item # 14.
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REVISIONS
CAU110N; CHECK WITH TltACING TO SEE IF YOU HAVE LATEST REVISION

CITY AND COUNTY OF SAN FRANCISCO

PUBLIC UTILITIES COMMISSION

SAN FRANCISCO WATER DEPARTMENT

REVOCABLE PERMIT TO CITY OF LOS ALTOS
FOR BICYCLE PATH 8 LANDSCAPING
B.D.P.L. NOS 3 ~ 4 R/W SANTA CLARA C
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Agenda Item # 14.

Department of Public Works
Engineering Division
One North San Antonio Road
Los Altos, California 94022-3087
(650) 947-2780
Fax (650) 947-2732
March 22, 2005
Gary Dowd, Director of Real Estate

SAN FRANCISCO PUBLIC UTILITIES COMMISSION
Real Estate Services
Market Street, Floor
San Francisco, CA 94103
SUBJECT: HETCH HETCHY RIGHT USE PERMIT
Dear Mr.

The City of Los Altos currendy holds a Land Use Permit from the San Francisco Public Utilities Commission to occupy and utilize the entirety of Parcel 233-A and portions of Parcels 232-A, 236 and 237 of Bay Division Pipeline Nos. 3 and 4 right of way for the purpose of a bicycle path and landscaping. A copy of the Use Permit is attached. A bicycle path exists on Parcels 236 and 237. Parcel 233-A and portions of Parcels 232-A, are currendy undeveloped.

Los Altos requests that the Use Permit by modified to delete Parcel 233-A and portions of Parcels 232-A, from the Use Permit. The Qty has abandoned our proposed plan to construct a bicycle path in this area west of Los Altos Avenue. However, we wish to continue to maintain the existing bicycle path and landscaping east of Los Altos Avenue on Parcels 236 and 237. A drawing showing the area to be deleted from the Use Permit is attached.

Please advise on the process or procedure for modifying the Use Permit. Your assistance in this matter is gready appreciated. If you have any questions, please feel free to contact me at (650) 947-2622.

Attachments
AR 2 3
RESPONSIVE - INNOVATIVE - CONCERNED 2893
Agenda Item # 14.
#

SAN F R A N C I S C O P U B L I C U T I L I T I E S C OMMISSION

REAL ESTATE SERVICES
Market St, 4th Floor, Frandsco, CA • Tel. (415) • Fax (415) 487-5200 WATER
HETCH

WATER & POWER

CLEAN WATER
April 22, 2005

ANN MOLLER CAEN

VICE PRESIDENT

GAVIN NEWSOM
MAYOR

RICHARD SKLAR

PRESIDENT
Jim Porter, Public Works Director
The City of Los Altos
Department of Public Works
One North San Road
Los Altos, CA 94022-3087
E. DENNIS NORMANDY

ADAM WERBACH

RYAN L BROOKS
SUBJECT: HETCH HETCHY RIGHT OF WAY LAND USE PERMIT
Dear Mr. Porter,
Per the request of the City of Los Altos to delete portions of the Land Use Permit the San Francisco Public Utilities Commission has agreed to the deletions for the entirety of Parcel 233-A and portions of Parcels 232-A and from the land use permit. The Land Use Permit will retain Parcels 236 and 237, including the maintenance of the bike path and landscaping on those parcels. The Land Use Permit has been renumbered A map showing the active parcels covered under this permit is attached.

If you have any questions regarding this matter, feel free to contact me at

SUSAN LEAL

GENERAL MANAGER
554-1522.

Robert Reiter
Real Property Officer Attachments
2894
Agenda Item # 14.

NO. D ATX DESCRIPTION BY

REVISIONS
CAUTION: CHECK WITH TRACING T O S E E IF Y O U H A V E L A T E S T REVISION

AND COUNTY O F S A N FRANCISCO

PUBLIC UTILITIES COMMISSION

SAN FRANCISCO WATER DEPARTMENT

REVOCABLE PERM TO C OF LOS ALTOS

FOR BICYCLE PATH LANDSCAPING
B.D.P.L.NOS R/W S A N T A C L A R A CO
TT

ASSISTANT GENERAL MANAGER AND ASSISTANT CH ENGINEER
5- 29- 74
.

DRAWING NO.

W. D. SPECIFICATION No. SHEET OF
2895
Agenda Item # 14.

From: Janice Bohman
To: Public Comment; City Council
Subject: PUBLIC COMMENT AGENDA ITEM #14 9/20/22
Date: Sunday, September 18, 2022 2:10:12 PM
Dear Council Members:

Please do not rubber stamp the SFPUC agreement. Those of us who use the path and also appreciate the established tree canopy of Los Altos would like to find a way to help SFPUC reduce the damage from their proposed actions.

Let us work together on this.

Thank you,
Janice Bohman
Dixon Way
2896
Agenda Item # 14.

From: Stanford Alumni
To: Public Comment
Subject: Hetch Hetchy Trail license agreement
Date: Sunday, September 18, 2022 10:35:51 PM
Attachments: Tom Evatt Park.png
John W. Christian Greenbelt.png
John Christian Greenbelt Sunnyvale .png
B9F8E1D4-2F6A-4E73-87B3-C82AE82CE6B4.png
To the honorable Los Altos City Council,
I am writing in regards to the updated license agreement with SFPUC for the Hetch Hetchy Trail (item 14 on the Agenda for the Tuesday, Sept. 20, 2022 meeting). As you know, interest in this item is quite high based on the large turnout at the meeting held about the Hetch Hetchy property in the community center (see photo).

I would like to propose that as part of the negotiations, the city of Los Altos develop a plan and form a committee for improving the existing trail and make it into a better maintained greenbelt. This can be presented as part of the discussions with the Hetch Hetchy board. It could also be included in the agreement such that they cannot later change it.

If you follow the Hetch Hetchy pipeline through other cities, you will see many parks and greenbelts that are built over the pipeline including right across the street from Los Altos at 2640 W. El Camino Real in Mountain View. Other locations similar in shape to the Los Altos trail are the long multiple greenbelts called "John W.

Christian Greenbelt” in Sunnyvale and the Tom Evatt Park in Milpitas.Photos of these three areas are attached below.

The concern that people have is the threat of cutting down the trees on the property. There are many tall older trees that are largely along the perimeter of the property. Some of these trees are old oak trees likely planted over 100 years ago when the Hetch Hetch Aqueduct was built in the years from 1914 to 1934. Many of these trees appear to be over 25 feet away from the underground pipeline and most of them are over 15 feet away, however the Hetch Hetchy property is wider than this at 80 feet wide. This means that per the Hetch Hetchy diagram, any tree that is over 20 feet high or has a canopy over 15 feet wide can be removed (see the green zone in the document attached).

With best regards,
Donald Gardner, Ph.D.
180 Larsens Landing
Los Altos, CA
Fayette Greenway, 2640 W. El Camino Real, Mountain View 2897
Agenda Item # 14.

Tom Evatt Park, Milpitas
2898
Agenda Item # 14.

John W. Christian Greenbelt, Sunnyvale
Partial list of parks and greenbelts over the Hetch Hetchy pipeline Fayette Greenway Park, Mountain View
Klein Park, Mountain View
Rengstorff Park, Mountain View
Rex Manor Park, Mountain View
2899
Agenda Item # 14.

Whisman Park, Mountain View
Sunnyvale Golf Course
John W. Christian Greenbelt, Sunnyvale
Seven Seas Park, Sunnyvale
Lakewood Park, Sunnyvale
Ulistac Natural Area, Santa Clara
Tom Evatt Park, Milpitas
Meeting held to discuss the Hetch Hetchy trail in Los Altos 2900
Agenda Item # 14.
2901
Agenda Item # 14.

From: Chris Tucker
To: Public Comment
Subject: [Suspicious Impersonation] SFPUC agreement and trees on Hetch Hetchy trail.

Date: Monday, September 19, 2022 12:19:44 PM
Dear Members of the Los Altos City Council,
I am requesting that you do NOT sign the SFPUC agreement yet. I understand you are obligated to consider the agreement but we residents of Los Altos were only just recently made aware of the intentions of the SFPUC tree removal along the Hetch Hetchy path that lies within Los Altos.

We think signing the agreement now may result in trees being removed that are not actually impeding maintenance of the SFPUC pipe. We would like the city arborist, a representative from SFPUC and any other pertinent city officials and residents to walk the train together to mark the actual location of the pipe and so as to protect trees that are not a threat or actually lie on private property.

Please do not sign the SFPUC agreement until more information can be gathered. respectfully,
Chris Tucker
280 Margarita Crt.

Los Altos
2902
Agenda Item # 14.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
2903
Agenda Item # 14.
2904
Agenda Item # 14.
2905
Agenda Item # 14.

From: Holly Cohen
To: City Council; Public Comment
Cc: Anita Enander; Sally Meadows; Neysa Fligor; Lynette Lee Eng; Jonathan Weinberg; Holly Cohen Subject: Please Do Not sign the agreement with SFPUC re: the Hetch Tetchy Bike Walking Path Date: Monday, September 19, 2022 3:47:50 PM
Los Altos City Council,
At your Council meeting tomorrow evening, you will be asked to vote on an agreement with SFPUC regarding the Hetch Hetchy Bike Walking Path from Adobe Creek to Mercedes (item #14 on the agenda). Please vote NO tomorrow evening.

Community members need the opportunity to review the agreement, understand the implications and offer perspective. There has not been sufficient time for the community to weigh in – and with a NO vote tomorrow night, you will enable the community to have a voice in your decision-making process.

Thank you for your consideration,
Holly Cohen
1031 Via Del Pozo, Los Altos
2906
Agenda Item # 14.

From: James Oh
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #14 9/20/22
Date: Tuesday, September 20, 2022 12:12:02 AM
I would like to very much express my appreciation to Gabe Engeland for taking the time last Thursday to explain the license renewal situation with SFPUC and to field all the questions from the 104 people in attendance at the information session. As we saw at the information session, it was very clear that there was very passionate interest by the community to make sure the Hetch Hetchy path is kept as tree-friendly as possible.

And personally as an abutter to the path, there are two large oak trees that are right next to our property that sounds like they are at high risk from the SFPUC maintenance guidelines. It would be a tragedy if these beautiful trees were lost unnecessarily.

While we understand Gabe's strategy to try to get on good terms with the SFPUC for negotiating saving as many trees as possible, we believe this is a high risk strategy.

We would like to involve the community in trying to figure out the best approach for negotiating with the SFPUC.

To this end, we would like to make the following recommendations for the approval tomorrow:

DO NOT sign or approve the agreement with SFPUC on Sept 20th Ask the council members to form a committee with residents to review the SFPUC issue; let's include the community in this discussion.

Give that combined committee time to meet with SFPUC and bring them to the table for a discussion.

We hope that we can cooperatively figure out the best strategy for resolving this situation with the SFPUC.

Thank you for all your help.

James Oh and Jooyeon Ann, 1081 Laureles Drive
2907
Agenda Item # 14.

From: Vincent Au
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #14 9/20/22
Date: Tuesday, September 20, 2022 8:59:09 AM
Hi City of Los Altos,
We would like to express our concerns to allow SFPUC to cut down the large heritage trees on the Hetchy Hetchy path. This is a path that we enjoy and use daily and it would be a great loss to the city of Los Altos, if the natural beauty of the path was lost.

While we understand that SFPUC would like to cut the trees down for maintenance, I believe a compromise including discussions with members of the community should be completed and also looking into other ways of performing maintenance while saving as many of the trees as possible. Los Altos goes to large efforts to protect all heritage trees and I believe the same rules should apply in this case.

Thank you for your help.

Thanks,
-Vincent
2908
Agenda Item # 14.

From: Stanford Alumni
To: Public Comment
Subject: Hetch Hetchy Trail license agreement
Date: Tuesday, September 20, 2022 10:58:01 AM
Attachments: Alta Mesa Mem Park 698 Arastradero Rd, Palo Alto.png 255 S. Rengstorff Ave, Mountain View.png
2333 California St across from Klein Park, Mountain View.png Stanford Hills Park, Stanford.png
Foothills Tennis & Swim Club, Palo Alto.png
166 Escuela Ave, Mountain View.png
Albert Augustine Memorial Park 394 Coelho St Milpitas.png 700 Tangelo Ct. Fremont.png
To the honorable Los Altos City Council,
I am writing in regards to the updated license agreement with SFPUC for the Hetch Hetchy Trail (item 14 on the Agenda for the Tuesday, Sept. 20, 2022 meeting).

I received an inquiry from a council member about locations of parks and areas that have trees that are within 25 feet of the Hetch Hetchy pipeline. In response to this request, attached are images of parks and open areas that appear to have tall trees that are within 25 feet the Hetch Hetchy pipeline. Nearby locations with 40+ feet tall trees include the Rex Manor Park in Mountain View and the Alta Mesa Memorial Park at 700 Arastradero Rd, Palo Alto. There are also many areas along Junipero Serra Blvd and in the area of the Stanford Dish at Stanford University that appear to have such trees close to the pipelines. In addition, there is a location near 700 Tangelo Ct. Fremont where the pipeline crosses a stream with trees similar to that at Adobe Creek.

It is also worth noting that it has been shown that trees help reduce the soil disturbance and protect the land from liquifying
during an earthquake. Trees are actually beneficial to be in the vicinity of the waterline to help protect it during an earthquake. Perhaps not all of the implications of removing trees have been considered.

With best regards,
Donald Gardner, Ph.D.

Attached is a list and images from 10 locations of parks and areas.

Rex Manor Park @ 185 Farley St., Mountain View
Alta Mesa Memorial Park @ 700 Arastradero Rd, Palo Alto Park next to 255 S. Rengstorff Ave, Mountain View
2333 California St across from Klein Park, Mountain View Stanford Hills Park, Stanford
Parking area at Foothill Tennis & Swim Club, Palo Alto
166 Escuela Ave. Mountain View
Albert Augustine Memorial Park @ 394 Coelho St Milpitas 700 Tangelo Ct. Fremont
Along Junipero Serra Blvd and in the area of the Stanford Dish at Stanford University Rex Manor Park @ 185 Farley St., Mountain View
2909
Agenda Item # 14.

Alta Mesa Memorial Park @ 700 Arastradero Rd, Palo Alto Park next to 255 S. Rengstorff Ave, Mountain View
2910
Agenda Item # 14.
2333 California St across from Klein Park, Mountain View Stanford Hills Park, Stanford
2911
Agenda Item # 14.

Parking area at Foothill Tennis & Swim Club, Palo Alto
166 Escuela Ave. Mountain View
2912
Agenda Item # 14.

Albert Augustine Memorial Park @ 394 Coelho St Milpitas 700 Tangelo Ct. Fremont
2913
Agenda Item # 14.
2914
Agenda Item # 14.

From: Didier Moretti
To: Public Comment
Cc: Didier Moretti
Subject: SFPUC and the trail
Date: Tuesday, September 20, 2022 11:48:55 AM
Dear Members of the Los Altos City Council,
I am requesting that you do consider but NOT sign the SFPUC agreement yet. I understand you are obligated to consider the agreement but we residents of Los Altos were only just recently made aware of the intentions of the SFPUC tree removal along the Hetch Hetchy path that lies within Los Altos.

Our property is very near the trail and we use the trail often. Removing trees on the trail would result in complete lack of privacy in homes abutting the trail, or very near the trail like ours. It would also remove large areas of shade, with major adverse effects on current trees and vegetation in the adjoining areas and adjoining properties. It would result in a significant increase in noise from the sports fields and adjoining schools. Finally many of the trees are majestic oak trees that may be over 100 years old and should be protected to maintain the character of our Los Altos community.

We think signing the agreement now may result in trees being removed that are not actually impeding maintenance of the SFPUC pipe. We would like the city arborist, a representative from SFPUC and any other pertinent city officials and residents to walk the trail together to mark the actual location of the pipe and to work with the SFPUC to arrive at a reasonable solution that preserves the beautiful old trees along the trail.

Please do not sign the SFPUC agreement until more information can be gathered and reviewed, and a reasonable compromise struck with the SFPUC.

Respectfully,
Didier Moretti and Katrina Philip, 465 Mundell Way, Los Altos Didier Moretti
2915
Agenda Item # 14.

From: Sanja Kelly
To: Public Comment
Subject: Agenda item 14
Date: Tuesday, September 20, 2022 2:22:45 PM
Esteemed Mayor and Members of the Los Altos City Council:

We are writing to you with a request that you NOT sign the agreement with SFPUC that would cut down the trees along the Los Altos-Palo Alto Bike Path. We were shocked to learn about this plan from a neighbor and are appalled that our own city government did not seek greater community input on an issue that would effectively wipe out one of the most beautiful green areas in our city.

The trees and greenery along the bike path provide much needed shade and relief during the hottest months. They contribute to the beauty of the area and allow for privacy for the adjacent property owners. For those who use the bike path for commuting, the trees make the ride more bearable in the heat, enabling us to cycle (instead of riding cars) lessening overall congestion and pollution.

Without the trees it would be a brown, dead, barren wasteland for 9 months of the year. It would adversely affect the enjoyment of those who regularly use the path and the property values of those who own lots near it. It would transform a picturesque pathway into an eye sore.

We understand that SFPUC might have legitimate needs for their property maintenance, but as part of any corporate-social responsibility commitment that most similar entities adhere to, any action that might have negative consequences on a community needs to be (1) necessary, (2) proportionate, and (3) the least restrictive to achieve the intended legitimate goal. We currently do not have any evidence that the tree removal is necessary (Have there been any assessments or studies for the path specifically?). Even if some trees are shown to have the impact, we ask you whether the action of cutting down *all trees* is proportionate.

We urge the council not to sign the agreement today. Instead, we hope that you would form an advisory committee in partnership with residents to search for a solution and draft an addendum to the agreement that would be acceptable to all. As the city council, your job is to represent the interests of our community and our community has told you loud and clear–including in the meeting last week attended by over 100 residents – that we do not want the agreement signed as it currently stands.

We typically do not care about local politics, but this will be our #1 issue in the local elections this fall. Many others feel the same.

Sincerely,
Sanja and Jason Kelly
2916
Agenda Item # 14.
2917
Agenda Item # 14.

From: Lisa Bernard
To: Public Comment
Subject: PUblic Comment Agenda Item #14 on 09/20/22
Date: Tuesday, September 20, 2022 3:34:36 PM
Please do not cut down the trees lining the pathway. Clear cutting is excessive and unnecessary. Green Los Altos has an initiative to plant new trees, which require more water than existing, older ones, and we are proposing to cut down establshed oak trees.

Nature is beautiful;. Part of the charm of Los ALtos is being able to meander along paths. If all the trees are cut down it will be ugly, unshaded, bad for the environment and extremely short-sighted on the town's behalf.

R Lisa Bernard, MD
Los Altos resident since 1994
2918
Agenda Item # 14.

From: Michael Ellerin
To: Public Comment
Subject: Agenda item #14 Hetch Hetchy Trail Land Use Permit Date: Tuesday, September 20, 2022 4:47:55 PM
Please delay the signing of the Land Use Permit for just two weeks so the City can meet with each abutter and establish where the SFWD water pipes run alongside their property line and what trees are within 20’ of the southern pipe (90”) and within 15’ of the northern pipe (72”).

Since SFWD wants to meet with only a representative of the City, this preliminary resident-focused process will give the abutters and the community that supports them the most comfort that they were heard and respected in this eleventh hour of negotiations.

Icing on the PR cake would be the City knowing which trees it too wants to save and is willing to offer removal services at the City's expense if a tree remains inside the clear-cut zones of 15 and 20 feet but needs to be removed for water pipe repair.

Michael Ellerin
311 Lunada Drive
Los Altos
2919
Agenda Item # 14.

From: Mary Fossourier
To: Public Comment; [email protected]@losaltosca.gov; Public Comment Subject: PUBLIC COMMENT AGENDA ITEM #14 - MEETING DATE OF SEPT 20, 2022 Date: Tuesday, September 20, 2022 6:53:36 PM
Dear Mayor Anita Enander and City Council Members Sally Meadows, Neysa Fligor, Lynette Lee Eng and Jonathan Weinberg:

My family members are residents of Los Altos for more than 25 years. Although we are not directly on the SFPUC/HH path, we are nearby. And for all these years we have biked, jogged, walked, strolled all along the path. We love the path, we love Los Altos. We are so proud to be part of this community.

We already participated, live, in the meeting of Thurs Sept 15/22. It was earlier that week that we learned of the dastardly fate that awaits our Los Altos trees along that path.

NOOOOOO! Please please please do not sign the the latest SFPUC agreement. It seems to us that doing so would be the "path of least resistance" for the City Council to take. And that is AFTER many years of procrastinating and temporizing on this issue. City Council has done nothing to prepare for this inevitability for year after year! It is time for our City Council to DO its job! And that job is to work with the residents of Los Altos to prepare in the best possible manner for the future of our city. The City Council should work with other Mayors, including those of Palo Alto and Mountain View. You should work with the Mayor of San Francisco. You should understand the makeup of the SFPUC and those who work on the Hetch Hechy project. Work with all these groups instead of continuing to do nothing!
BOTTOM LINE: PLEASE DO NOT SIGN THE SFPUC AGREEMENT without the residents input.

Thank you!
from Mary et Jacques Fossourier,
25+ year residents of Los Altos.
1168 Laureles Drive, Los Altos, 94022.
2920
Agenda Item # 14.
2921
Agenda Item # 14.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH SN

AGENDA REPORT SUMMARY
Meeting Date: September 20, 2022
Subject 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY22 - Year 1)
Prepared by: Steve Golden, Interim Planning Services Manager/Floodplain Administrator Reviewed by: Nick Zornes, Development Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Santa Clara County Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22
Initiated by:

Development Services Division/Floodplain Administrator
Previous Council Consideration:

July 13, 2021 – Council Adoption of the 2021 Santa Clara County Multi-Jurisdiction Program for Public Information
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:

None
Summary:
 The Program for Public Information (PPI) is a program under the National Flood Insurance Program’s Community Rating System (CRS) which contributes to the city’s rating. The Federal Emergency Management Agency requires the elected body of each community to approve the PPI to receive credit for having a plan pursuant to the CRS guidelines and receive an annual report on PPI efforts and requires the community to share the annual report with their governing body.
2922
Agenda Item # 15.

Subject: 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY22 - Year 1)
September 20, 2022 Page 2
 Accept FY22 (Year 1) Annual Report for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information
Staff Recommendation:

Move to receive the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY22-Year 1)
Purpose
Accept the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY22-Year 1) so the City will continue to receive credit under the National Flood Insurance Program’s Community Rating System program.

Background
The CRS is a voluntary program that allows communities to earn flood insurance premium discounts for residents and businesses by promoting flood risk reduction practices, floodplain management, and encourage buying flood insurance. These activities go above and beyond the normal enforcement of floodplain regulations and the community earn various points for different activities. There are CRS Class ratings that are assigned at 500-point increments, and each improvement in class rating nets an additional 5% discount for property owners paying flood insurance premiums. The PPI is a committee-based localized and coordinated approach to flood hazard community outreach efforts, which is primarily being organized and lead by the Santa Clara Valley Water District (“Valley Water”). The PPI is a major component of the public outreach effort that Los Altos earn points for having some of the activities implemented locally or at the County level. The total savings in flood premium discounts for Santa Clara County residents from the CRS program (11 participating agencies) is approximately $2.37 million per year1. The PPI was reviewed by the Federal Emergency Management Agency (FEMA) to make sure its provisions fully comply with their requirements prior to approval by any participating agency’s governing body. FEMA informed the participating agencies that this is one of the first multi-jurisdictional PPI to be completed, and it involves the largest number of participating communities to date.

Every five years, CRS communities must update the PPI. The 2021 Santa Clara County MultiJurisdictional Program for Public Information represents the Five-Year Plan. The PPI was developed jointly, but it must be individually approved by each community’s elected body for that community to receive CRS points for its implementation. Valley Water’s Board approved the PPI on April 27, 2021. On July 13, 2021, the City Council adopted the PPI for the city of Los Altos.

1 Last reviewed in 2021.
2923
Agenda Item # 15.

Subject: 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY22 - Year 1)
September 20, 2022 Page 3
Under the CRS requirements, each year, the CRS communities must reconvene to evaluate whether the flood risk reduction messages are still appropriate and adjust the PPI, as needed. Additionally, a report to FEMA must be submitted annually describing the PPI implementation, and the report is shared with each participating community governing body.

Discussion/Analysis
In October 2021, the city of Los Altos completed its mandated five-year audit administered by FEMA through the Insurance Services Office (ISO) which reviewed in detail all the local CRS recognized activities. Prior to the audit, the CRS activities contributed to the city’s Class 8 rating, giving residents a 10% discount on insurance premiums. With the adoption of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) and the incorporation of city recognized CRS activities, the city received additional points along with other activities to improve its rating to a Class 7 which will give residents a 15% discount on insurance premiums issued or renewed on or after April 1, 2023.

The FY22 Annual Report is the first annual report for the 2021 Santa Clara County MultiJurisdictional Program for Public Information (PPI) Annual Report (Attached). The report includes background information on how the PPI was developed by the participants, the preparation of the annual evaluation, the PPI accomplishments for FY22, and new initiatives. With regard to projects accomplished in FY22, Attachment 2 of the Annual Report lists all the projects proposed in the 2021 PPI (titled “Appendix A CRS Creditable Outreach and Flood Response Project by CRS Community”), with a column titled “Project Accomplishments” noting actions taken during the first year of the PPI (FY22). The most extensive outreach project was the Valley Water’s Annual Flood Awareness Campaign, which the city of Los Altos gets CRS credit for since it targets our community. Specific city activities include: making brochures available in public buildings; including flood information and links to Valley Water Flood Awareness and FEMA information on the city’s website; publishing two newspaper ads in the Town Crier titled “Assess Your Flood Risk and Flood Insurance Availability”; coordinating with Mission Trail to send out a Valley Water flood awareness bill insert (no cost to city); and participating in PPI coordination meetings. It should be noted and recognized that as described in the report the establishment of the five-year PPI was delayed and some outreach activities such as community events were canceled altogether as related to COVID-19 pandemic impacts and workforce augmentation.

Recommendation
Receive the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY22-Year 1).
2924
Agenda Item # 15.

Santa Clara County Multi-Jurisdictional Program for Public Information 2021 Annual Evaluation Report for FY22
(Year 1: July 2021 to June 2022)
June 2022
Prepared by:

Santa Clara Valley Water District
and
County of Santa Clara CRS Participating Communities
10 2925
Agenda Item # 15.
1 of 14
I. INTRODUCTION
The Community Rating System (CRS) is a voluntary program of the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). The CRS program allows communities to earn flood insurance premium discounts for their residents and businesses by implementing local mitigation, floodplain management, and outreach activities that exceed the minimum NFIP requirements to reduce the risk of flooding.

In Santa Clara County, 11 (eleven) communities have been active participants in the FEMA NFIP CRS for over 30 years.

The CRS participating communities are City of Cupertino, City of Gilroy, City of Los Altos, City of Milpitas, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa Clara, City of Sunnyvale, and the Santa Clara Valley Water District (Valley Water).

CRS participating communities, along with their external non-governmental stakeholders, nonparticipating communities: City of Saratoga, Town of Los Altos Hills, Town of Los Gatos, and County of Santa Clara who opted to join the 2021 Program for Public Information (PPI), comprise the PPI Committee. The PPI Committee is listed in Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee of the 2021 PPI. (Attachment #1) FEMA requires that each community participating in the PPI provide at least two representatives to the regional PPI Committee, with at least half of the representatives from outside the local government.

Additionally, at least half of the representatives must attend all the meetings of the regional PPI Committee.

An important benefit of the PPI Committee’s work is close collaboration between local public agency staff who work on flood protection throughout Santa Clara County. Together, PPI Committee members continue strengthening their individual CRS programs and ensuring communities can evaluate their flood programs against a nationally recognized benchmark.

The 2021 PPI Committee, along with the remaining non-participating communities (City of Campbell and City of Monte Sereno), and other interested parties, make up the Santa Clara County CRS Users Group.

The Santa Clara County CRS Users Group collaborates to ensure floodplain management activities provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance of economic disruption and loss in Santa Clara County. Through the 5-year PPI development and the annual reporting process, members of the SC County CRS Users Group learn from one another about local floodplain management activities, including flood protection and land use issues. For both the Santa Clara County CRS Users Group and the PPI Committee, the PPI is one of the most impactful activities of the CRS Program.

Under the CRS program, flood insurance premium rates are discounted to reward CRS participating community actions that meet the three goals of the CRS: (1) reduce flood damage to insurable property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management.
11 2926
Agenda Item # 15.

Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 2 of 14
Flood insurance premiums for participating CRS communities are reduced in 5% increments for every 500 CRS points earned. As of April 30, 2022, the total savings for Santa Clara County residents from CRS discounts is approximately $2 million.

Valley Water is the lead flood risk reduction agency for Santa Clara County. Valley Water performs many flood preparedness outreach and stream stewardship/maintenance activities that earn CRS points for participating communities. Since Valley Water is not a land-use agency, the points Valley Water earns, as a fictitious community, provide a foundation upon which the CRS participating communities can build. FEMA approved this unique arrangement with Valley Water in 1998.

The CRS Coordinator’s Manual, 2013 Edition, included the option to undertake a Program for Public Information (PPI) which is a method to customize flood risk and loss reduction outreach messages and increase CRS points. Each participant of the PPI Committee brings unique perspectives and suggestions that enhance the PPI. Each community must adopt the PPI through a formal vote by the community’s governing body.

In 2013, Valley Water initiated and facilitated the effort to develop the first Multi-Jurisdictional PPI so that all Santa Clara County CRS participating communities could work together and benefit from this activity. Non-participating communities were also invited to participate in the development of the PPI.

This work effort resulted in the 2015 Multi-Jurisdiction PPI (2015 PPI).

On April 14, 2015, Valley Water’s Board adopted the 2015 PPI, which sunset in April 2020. Following Valley Water’s lead, the other CRS participating communities’ governing bodies adopted the 2015 PPI soon thereafter.

Under the CRS, the PPI must be updated every 5-years. Each subsequent year after adopting the PPI, the committee must submit an Annual Evaluation Report to FEMA describing the PPI implementation for the prior fiscal year. The PPI Committee must evaluate whether the flood risk reduction messages in the PPI are still relevant and adjust the PPI, if needed. The Annual Evaluation Report is shared with each participating community’s governing body as an informational item.

As required, Annual Evaluation Reports for FY16 (Year 1) through FY19 (Year 4) for the 2015 PPI were prepared, sent to the governing body, and included in annual recertifications.

FY20 (Year 5), the PPI Committee was required to update the 2015 PPI. The Insurance Services Office (ISO), FEMA’s CRS management contractor, exempted the committee from submitting an Annual Evaluation Report for FY20 (Year 5) as the committee focused on updating the 2015 PPI.

In February 2020, Valley Water hosted the start of the 5-year PPI process. Fifteen Santa Clara County communities worked together to update the 2015 PPI. These communities included the current eleven CRS participating communities as well as four non-participating communities that expressed interest in joining the CRS. Staff and external stakeholders from each community participated in developing the new PPI.

In March 2020, the Coronavirus (COVID-19) outbreak started. The California State Emergency Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer dated March 16, 2020, went into effect.
12 2927
Agenda Item # 15.

Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 3 of 14
The COVID-19 pandemic caused far-reaching, unprecedented changes. Businesses and organizations faced economic and operational uncertainty across every industry and sector. The workforce impacts during COVID-19 caused delays beyond control, including the PPI Committee’s ability to continue its work of updating the 2015 PPI. Many communities shifted priorities to respond to the public health crisis; therefore, FEMA provided an extension of completing the update to the 2015 PPI to early 2021.

The PPI Committee reconvened in October 2020 to resume the PPI update. Several virtual meetings followed until the PPI Committee completed the 2021 PPI in April 2021. The 2021 PPI was adopted by participating communities, as indicated in Table 1. Dates 2021 PPI Adopted.

II. 2021 PPI DEVELOPMENT PROCESS
Valley Water, along with the CRS participating and non-participating communities, initiated the 2021 PPI process in February 2020. The Santa Clara County 2021 Multi-Jurisdictional Program for Public Information document was completed in April 2021 (refer to Section I. Introduction for COVID-19 related delays).

Virtual meetings were held between 2020 and 2021 to develop the 2021 PPI. In addition to FEMA’s six priority topic messages, three additional messages below were identified as important for Santa Clara County. See Table 3 in the 2021 PPI: CRS Priority Messages for the complete list.

I. Encourage residents and workers to make a personal Family Emergency Plan.

II. Ask residents to download disaster apps; and
III. Urge drivers to slow down on wet roads and avoid driving through ponded water to reduce traffic accidents.

The PPI Committee worked between the meetings to draft the 2021 PPI and review the extensive list of outreach and flood response projects. (Attachment 2, which is Appendix A of the 2021 PPI) Based on the PPI Committee’s evaluation of the 2015 PPI, the consensus was that most of the 2015 PPI flood risk reduction messages were still relevant, so only minor edits were incorporated as needed. This became the basis for the 2021 PPI; therefore, no additional FEMA review was required, as the 2015 PPI already ensured its provisions were fully compliant with FEMA requirements.

The number of CRS points that the 2021 PPI activities will earn is determined by FEMA’s CRS Specialist and Technical Reviewers in the Insurance Services Office (ISO). The PPI Committee estimates that of the possible 350 points, participating communities could earn up to 300+/- points per participating community for the PPI efforts.

Once Valley Water approved the 2021 PPI (5-Year Plan), the final document was provided to the PPI Committee to present to their government bodies for adoption and implementation.

Table 1. Dates of PPI Adoption shows the 2021 PPI approval dates by agency (Community).

All 11 CRS participating communities have adopted the 2021 PPI as noted in Table 1 Dates 2021 PPI Adopted below. As non-participating communities are not in the CRS Program, they 13 2928
Agenda Item # 15.

Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 4 of 14
are not required to adopt the PPI. At this time, all non-participating communities have chosen not to adopt the 2021 PPI.

Table 1. Dates 2021 PPI Adopted
Agency (Community) Date Presented Adoption*
Santa Clara Valley
Water District 4/27/21 X
City of Cupertino 8/17/21 X
City of Gilroy 7/01/21 X
City of Los Altos 7/13/21 X
Town of Los Altos Hills (non-CRS
community)
Not
required*
Not required*
Town of Los Gatos (non-CRS
community)
Not required* Not required*
City of Milpitas 5/18/21 X
City of Morgan Hill 6/16/21 X
City of Mountain View 6/22/21 X
City of Palo Alto 6/14/21 X
City of San Jose 11/16/21 X
City of Santa Clara 7/06/21 X
County of Santa Clara (non-CRS
community)
Not required* Not required*
City of Saratoga (non-CRS community) Not required* Not required* City of Sunnyvale 6/29/21 X
Total Approved 11
*Non-CRS communities are encouraged to participate in PPI Committee activities and initiatives, but are not required to adopt the PPI, nor report out in the Annual Evaluation Reports.

III. ANNUAL EVALUATION REPORTS
The 2021 PPI states that the PPI Committee will meet at least once yearly to evaluate the PPI and incorporate any needed revisions. This meeting is coordinated in conjunction with the ongoing CRS User’s Group meetings, which occur at least twice a year.

The evaluation will cover:

Ɣ Reviewing projects that were completed.

Ɣ Evaluation of progress toward outcomes.

Ɣ Recommendations on projects that have not been completed.

Ɣ Recommendations for new projects not previously identified.

Ɣ Target Audience changes; and
Ɣ Impact of the program during a real flood event if one has occurred.

The Annual Evaluation Report is prepared by the PPI Committee for submission with each CRS community’s annual CRS recertification package (or schedule 5-year cycle visits). The report is then shared with each CRS participating community’s governing body as an informational item. 14 2929
Agenda Item # 15.

Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 5 of 14
Section V. 2022 Santa Clara County CRS Users Group/PPI Committee Meetings – Monitoring and Evaluating the 2021 PPI of this report, summarizes the meetings held to develop the FY22 Annual Evaluation Report (Year 1 of the 2021 PPI).

Table 2 below shows how each community expects to share the FY22 Annual Evaluation Report with its governing body.

Table 2. How the 2021 PPI Annual Evaluation Report for FY22, Year 1 will be shared with Community’s Governing Body
Community Method for Sharing*
Santa Clara Valley Water District Board Non-Agenda Item City of Cupertino Consent Item Council Agenda
City of Gilroy Consent Calendar
City of Los Altos Council Consent Calendar or
Informational Staff Report
Town of Los Altos Hill (non-CRS
community)
Not required
Town of Los Gatos (non-CRS community) Not required
City of Milpitas Memo to City Council
City of Morgan Hill Council Consent Calendar
City of Mountain View Council Weekly Update “Council
Connection”
City of Palo Alto Informational Staff Report
City of San Jose Council Consent Calendar
City of Santa Clara Council Consent Calendar
County of Santa Clara (non-CRS
community)
Not required
City of Saratoga (non-CRS community) Not required
City of Sunnyvale City Manager’s “Update Sunnyvale”
*Non-CRS communities are not required to share the 2021 PPI Annual Reports with their governing bodies.

IV. 2021 PPI ACCOMPLISHMENTS FOR FY22
The PPI Committee identified three efforts needed from each CRS participating community for the 2021 PPI and to prepare and finalize subsequent Annual Evaluation Reports.

1. Governing bodies must adopt the 2021 PPI (Table 1. Dates 2021 PPI Adopted). The PPI Committee must prepare Annual Evaluation Reports and share the reports with its governing body as informational items.

2. For each fiscal year (July 1 - June 30) the communities must carry out and monitor the implementation of the outreach/flood response projects identified in Attachment A CRS Creditable Outreach and Flood Response Projects by CRS Community of the 2021 PPI. (Attachment 2)

3. The PPI Committee must review and consider the ‘New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction efforts.

Governing Bodies Approval: Including Valley Water, all 11 CRS participating communities’ governing bodies adopted the 2021 PPI by the end of FY22. The approval dates are shown by agency (Community) in Table 1. Dates of 2021 PPI Adopted noted above. 15 2930
Agenda Item # 15.

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Tracking System: The 2021 PPI is multi-jurisdictional and includes 15 agencies (11 CRS participating communities and four non-participating communities). Tracking implementation is quite complex compared to a single-agency PPI. As the informal lead, Valley Water continues to oversee the record-keeping to ensure consistency throughout the county. An electronic file-sharing system, Egnyte, is set up with folders for each community to file and share documents related to the 109 potential outreach/flood response projects identified in the 2021 PPI, and all CRS-related documentation. This also includes a comprehensive spreadsheet tracking which projects were accomplished in any given fiscal year, by the individual communities. This spreadsheet, along with the Annual Evaluation Report, will be submitted with annual CRS recertifications or a part of scheduled 5-year cycle visits.

Insurance Services Office (ISO) assigns credit for Valley Water outreach/flood response projects to all Santa Clara County CRS participating communities’ ratings. Some communities also choose to carry out and report on their own outreach/flood response projects, in addition to those of Valley Water.

These projects are shown on the composite spreadsheet and include input from each agency.

The PPI Committee discussed the benefits of using the Egnyte shared-filing system for tracking the 2021 PPI outreach/flood response projects and all CRS-related documentation. The PPI Committee also discussed the importance of ensuring each agency uploads their CRS documentation regularly. These benefits are:
- Information Share/Knowledge Transfer: CRS participating communities can view each other’s program documentation. When a community improves its CRS rating, another community can access the documents submitted to determine how the CRS credited activities helped improve the score.
- Document Repository: A central location for CRS-related documentation, organized to mirror the CRS Coordinator’s Manual (by community/activity/element) proves helpful when a community experiences staff turnover.
- Documentation Submittals: CRS documents are organized and easy to share with the CRS Specialists conducting cycle visits and/or annual recertification.

Summary of PPI Projects Accomplished in FY22
The complete list of outreach/flood response projects is included as Attachment 2 of this Report, listing all projects proposed in the 2021 PPI, with a “Project Accomplishments” column noting actions taken during the first year of the PPI, FY22.

Audiences Projects Accomplished
Community at Large (CAL) 81 potential projects, 63 accomplished Residents and Businesses in the
Special Flood Hazard Area (SFHA)
18 potential projects, 16 accomplished
Messengers to Other Target
Audiences (Organizations &
Businesses Serving the Community)
10 potential projects, 10 were accomplished
*Total Accomplished Projects 89 of 109
* Note: All projects carried out by CRS participating communities were accomplished in FY22.

Variance in the number of potential projects versus accomplished projects is due to no updates received from nonparticipating communities, which is not required for this report. 16 2931
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These numbers go well beyond the minimum requirements of the CRS Program, and we anticipate all CRS participating communities will receive the maximum number of credits for our collective efforts in FY22.

It is important to note that most public events in 2020 through 2022 were heavily impacted or canceled due to shelter-in-place orders and the COVID-19 pandemic. Those events that were not canceled were often redesigned for virtual participation or smaller, socially distanced groups.

Valley Water’s Outreach/Flood Response Projects
Annual Flood Awareness Campaign
Valley Water's FY22 Flood Awareness Campaign theme was "Flooding Can Happen During a Drought." It launched after the 1Fourth National Climate Assessment was published; there could not have been a better time to have this conversation. The federal report assessed that intense extreme weather and climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems, and our economy. Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized its commitment to reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks.

Thus, our communities must adapt and prepare; and it starts with being informed and aware of risks.

An educational paid advertising campaign supplemented Valley Water’s community outreach effort.

This year, its advertising campaign was supported by a series of formative research to understand target audiences, their awareness levels, and explore what educational messages and images most appealed to them.

The Flood Awareness Campaign lasted four months, from mid-November 2021 to February 2022. The paid advertisement campaign cost a total of $200,000.

Valley Water’s FY22 Annual Flood Awareness Campaign shifted from general digital and public space advertising to a series of direct mailings to the 52,000 homes and businesses in Santa Clara County's FEMA SFHA.

Valley Water sent three separate targeted mailers to all homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.

1. Annual Floodplain Mailer
54,790 mailed on December 13-14, 2021
4,450 delivered to cities/county (Public Works and Planning Departments) between December 2021 – February 1, 2022

2. Multilingual Postcards with 9 CRS tips and links to flood preparedness webpages 52,502 mailed on October 29, 2021

3. “You Live in a Flood Zone–Do You Know What to Do Before, During, and After a Flood?” Trifold. 54,790 mailed on January 11, 2022
1 US Global Change Resource Program (USGCRP) has a legal mandate to conduct a state-of-the-science synthesis of climate impacts and trends across U.S. regions and sectors every four years, known as the National Climate Assessment (NCA).
17 2932
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During FY22, Santa Clara County experienced a drought emergency. Valley Water’s annual Floodplain Mailer reminded everyone that flooding can happen anytime it rains, and that climate change has made extreme weather the new normal. Drought conditions can harden the ground and increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's ongoing flood protection projects in areas susceptible to flooding.

In FY22, the mailer featured QR codes, a magnet with important flood safety websites, a detachable emergency phone list, and photos of our most recent flood protection projects.

The direct mailing strategy was developed after the 2020-2021 post-Flood Awareness Campaign poll which indicated that only 29% of FEMA SFHA residents remembered receiving the annual Floodplain Mailer, while recollection of other broad advertising efforts hovered lower. The outreach shift from advertising to targeted mailings resulted in substantial savings while proving much more effective.

Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen during a drought," on social media and the web platforms including Facebook, Instagram, Google Ads, El Observador, Cali Today, and News for Chinese. The campaign launched in Winter FY22, starting with the season's first rains in December 2021 and continuing through January 2022.

Digital ads targeted residents and commuters in or near the SFHA, using zip codes from published FEMA flood maps.

A key strategy for the paid campaign was incorporating all 2021 PPI messages in Valley Water ads.

Staff crafted messages derived from Valley Water's annual Floodplain Mailer to residents in the SFHA.

Additionally, the Valley Water Board of Directors shared posts on Nextdoor highlighting the "Flooding can happen during a drought" messaging and the nine CRS topics in Winter 2021. Valley Water posted a flood preparedness blog on its website in November 2021 and a digital copy of the Floodplain Mailer.

This section intentionally left blank
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Campaign Results
Valley Water also used its monthly newsletter, news blog, and social media profiles to enhance flood awareness efforts before and during forecasted storms starting as early as September. During the length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood warnings, shared posts with critical messages about flood safety, and promoted the Flood Watch Tool throughout the winter.

Valley Water’s flood protection resources page at ValleyWater.org/floodready serves as a hub of flood safety information with icons leading to a series of related web pages, including information on flood zone maps, signing up for emergency alerts, sandbags, reporting local flooding, and safety tips.

Of these subpages, the flood zone awareness page was the most accessed, which features a brief explanation for determining if a home is in a FEMA-designated flood zone. It also features an instructional YouTube tutorial for using FEMA's Map Service and a reminder that flooding can happen anytime it rains.
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All communities were requested to add a link redirecting visitors to ValleyWater.org/floodready, floodsmart.gov, and ready.gov from their respective flood protection resource pages or homepage.

All Santa Clara County communities received hard copies of Valley Water's Floodplain Mailer.

Valley Water shared a “Flood Follows Drought 2021-22 Flood Awareness Campaign Media Toolkit" with the CRS communities. The toolkit provided links to the multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.

The 2021-2022 post-Flood Awareness Campaign survey found:
භ 59% recalled receiving mail with information about flood safety (29% in 2020-21). භ 76% are confident they have taken all necessary precautions to protect themselves from floods (64% in 2020-21).
භ 61% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair (32% in 2020-21).
භ 10% increase in food zone awareness over last year (now at 50-60% awareness). භ 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst Spanish, Mandarin, and Vietnamese speakers.
භ 58% of respondents clearly understood Valley Water’s three main calls to action (find your risk, get flood insurance, develop a plan).
භ 12% increase in respondents who believe they have taken all steps to be ready for a flood (now at 76%).
භ 11% increase in respondents who have flood insurance (now at 51%). භ 100% of high-risk residents in mobile home parks are aware of our messaging.

The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. In the future, direct mailings to the FEMA SFHA seem to be an alternative outreach strategy for the flood awareness campaign rather than targeted advertising.

Valley Water discussed the new targeted mail approach with the PPI Committee and the Insurance Services Office (ISO). All agreed with this strategy.

Valley Water Education Outreach Program
Valley Water’s Education Outreach includes flood awareness messaging in every program presented year-round. A dedicated flood-focused program is offered from October through April, depending on the rainfall situation on any given year.

Valley Water’s role as a flood protection agency is highlighted in all presentations, so that participants in the Education Outreach Programs know that flood protection is one of Valley Water’s core objectives in Santa Clara County.

The following are the Education Outreach efforts from October 2021 – March 2022.

Valley Water Flood Awareness Messaging
Flood awareness messaging is included in classroom presentations, STEAM (Science, Technology, 20 2935
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Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 11 of 14
Engineering, Art, and Math) programs, libraries, camps, and Wonders of Water Wednesday, an afterschool science program.

The following numbers represent the results of general flood protection messaging:
x 197 Presentations
x 4801 attendees
x 193 Educators
Flood-focused Programs
Education Outreach has two programs that focus on flood awareness and preparedness: “The Three Little Pigs and The Bad Weather Wolf” and “Watershed Maps”.

The following numbers represent the results of Flood-focused Programs:
x 47 Presentations
x 986 attendees
x 54 Educators
Community Events
Due to the COVID-19 pandemic, countywide community events in FY22 were postponed.

CRS Participating Communities Outreach/Flood Response Projects The PPI Committee identified the outreach/flood response projects for each community. The implementation of these projects is reflected in the FY 2022 ‘Project Accomplishments’ column of Attachment 2.

V. 2022 SANTA CLARA COUNTY CRS USERS GROUP/PPI COMMITTEE MEETINGS – MONITORING AND EVALUATING THE 2021 PPI
Santa Clara County CRS Users Group/PPI Committee meetings were held on March 10, 2022, and May 19, 2022. Agenda and attendance sheets for each meeting are included. (Attachments 3-6) Attendance was good at both meetings and quorum was met with staff from the eleven CRS participating communities. Staff from some non-participating communities, external stakeholders, and other interested parties were also in attendance.

As required by CRS, the objective for the March and May meetings was to monitor the implementation of the 2021 PPI and to determine if the desired outcomes were achieved, as well to discuss if any changes to the 2021 PPI were needed to complete this Annual Evaluation Report. The PPI Committee agreed that the 2021 PPI messaging and projects would remain the same for the duration of the 2021 PPI, which sunsets in 2026.
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Agenda Item # 15.

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At the March 10, 2022 meeting, a draft Project Accomplishment PPI Annual Evaluation Report for FY22 was shared with the communities to review.

The PPI Committee:
භ Assessed whether the desired outcomes of the 2021 PPI were achieved in FY22, and what, if anything, should be changed.
භ Discussed which communities have adopted the 2021 PPI and that conformed/enacted copy of their agenda items related to submitting the 2021 PPI to their respective governing bodies should be uploaded into Egnyte and a copy sent to Valley Water. භ Provided instruction on how communities will submit updates to Appendix A of the 2021 PPI to Valley Water for consolidating report.
භ Communities were informed that all updates were due by the next CRS Users Group Meeting or sooner.

An ISO CRS Specialist shared best practices for Verification Cycle Visits. The specialist also reviewed updated/new/modified prerequisites for CRS Classes 6, 8, and 9, per the Addendum to the 2017 CRS Coordinator’s Manual (Edition 2021) which went into effect January 1, 2021.

Lastly, to comply with CRS Activity 350 - Flood Protection Information, Element c). Flood Protection Website, from the CRS Coordinator's Manual, CRS participating communities were reminded to ensure to review their flood information landing page monthly, to verify all links are valid and annually, to ensure content is still relevant and current.

At the May 19, 2022 meeting, the PPI Committee discussed the 2021 PPI Annual Evaluation Report for FY22, reminding the group that the report will be due during scheduled 5-year cycle visits (for Cities of Gilroy and Morgan Hill) or as part of communities’ annual CRS recertification package which are due on August 1, 2022.

Valley Water Communications staff presented an overview of the 2021-2022 Flood Awareness Campaign, including the Floodplain Mailer that was mailed in December 2021 to all addresses in the FEMA Special Flood Hazard Area (SFHA), as well as to city/town/county managers, public works and planning directors, and the communities’ CRS staff.

Additionally, Valley Water Communications staff also shared the FY22 post-campaign polling results with results. Valley and the PPI Committee determined that future flood awareness campaigns have an opportunity for expanded outreach to renters of both single-family homes and multi-family units, as well as providing localized historical flood information and outreach materials in public spaces.

Valley Water CRS staff shared information on the Department of Water Resources (DWR) statewide agency coordination calls scheduled to begin by July 2022. The DWR calls lead up to the 2022 California Flood Preparedness Week (CFPW) that is held annually each October (specific dates for October 2022 to be announced). We shared Valley Water's experience in participating on these calls, including the benefits of learning about CFPW, ways to participate, setting up lobby displays for the public, and how to access available resources for public events.

All communities were strongly encouraged to participate this year, including presenting a Resolution (Valley Water’s template available, upon request) to their respective city councils to adopt CFPW, and to forward the information to their communication and emergency service teams. 22 2937
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Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022) 13 of 14
We also discussed Valley Water’s plan to provide all communities with ‘emergency starter kits’ and ‘flood event kits’ for their use as plans to recommence booth support at various city-hosted events, safety fairs, etc. These resources will ensure our messaging and information on how to ‘Get Flood Ready’ is uniformed throughout the county.

The consensus of the PPI Committee is that our 2021 PPI implementation is on target and that no changes are needed. Cities who have had the PPI approved by their elected officials reported receiving strong support.

This Annual Evaluation Report is the first report for the 2021 PPI to document our outreach project activities.

VI. FUTURE MESSAGING – Other New Initiatives
The PPI committee identified several new initiatives:

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas.

4. Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO]).

6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities (i.e., Second Harvest Food Bank and others).

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

The messages that the PPI Committee originally chose are still relevant to Santa Clara County. The committee will continue to increase its efforts to encourage people to prepare personal/family emergency plans and be flood-ready. This will be incorporated into the flood preparedness outreach that is done every fall. The PPI Committee will also continue coordinating efforts with the Valley Water’s Education Outreach Program to promote flood preparedness in local schools.

The PPI Committee recommends continued use of social media for messaging. Mobile usage among individuals has increased exponentially over the years and online platforms are rapidly adjusting to mobile-friendly standards. This provides an excellent opportunity to modernize campaign ad efforts by utilizing social media and digital advertising to increase exposure and reach a greater number of residents in Santa Clara County. Furthermore, these modern advertising methods allow for specialized demographic targeting to allow reaching a narrow and defined audience, improving the ability to effectively reach vulnerable populations.

In support of our preparedness messaging, the PPI Committee will continue to promote the importance of having family emergency plans and emergency kits ready to go before an emergency/flood event occurs.
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In October 2021, Valley Water partnered with Second Harvest Food Bank of Silicon Valley, to distribute 2,000 emergency preparedness starter kits of emergency supplies to underserved communities.

The PPI Committee will continue to promote the American Red Cross All-Hazard App which monitors alerts for severe weather, including floods, and the Floodsmart.gov and Ready.gov websites. The communities will distribute American Red Cross Emergency Contact Cards at events throughout the county.

VII. CONCLUSION
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY22. The 2021 PPI allowed participating communities to mutually decide which flood risk reduction messages are most appropriate and identified means by which messages are delivered. The objectives of participating in the 2021 PPI are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks within the county, and earn valuable CRS credit points when identified projects are implemented by communities.

The CRS Users Group/PPI Committee will continue their work efforts through FY23. _______________________________________________________________________________________________________ Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of 2022 Verification/Recertification Package, as required:

1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee

2. Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY22 Project Accomplishments

3. March 10, 2022 Santa Clara County CRS Users Group Meeting Agenda

4. March 10, 2022 Santa Clara County CRS Users Group Meeting Attendance Sheet

5. May 19, 2022 Santa Clara County CRS Users Group Meeting Agenda

6. May 19, 2022 Santa Clara County CRS Users Group Meeting Attendance Sheet 24 2939
Agenda Item # 15.
-7-
Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee Community Local Government
Representative and Alternates External Stakeholders
County of
Santa Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services
Manager, Department of Planning and
Development, Floodplain Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain
Manager Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain
Manager
Andrea Trese, Associate Civil Engineer
Christopher Wilson, Operations
Manager, Los Altos Suburban District,
California Water Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima
Hills Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering
Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering
Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the
Milpitas Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services
Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San José Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San José resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council
member
Saratoga David Dorcich, PE, QSP/D, Associate Civil
Engineer, Community Development Department,
Floodplain Manager
Rebecca Gallardo, Real Estate Agent
for Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit
Manager
Nikki Rowe, American Red Cross
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25 2940
Agenda Item # 15.
1 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3
Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Community At Large
(CAL)
- Multilingual
Communities
- Groups with Special
Evacuation Needs
- New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s annual August 2021 Countywide Mailer
(CWM) was sent between August 24 - August 27, 2021,
countywide to 735,282 addresses (USPS: ECRWSS -
Extended/Enhanced Carrier Route Walking Sequence
Saturation Postal Customer). The CWM includes flood
protection and preparedness measures information,
including FEMA map reading services, getting flood
insurance, family emergency plans, downloading
emergency preparedness app “Ready SCC,” and where to
get sandbags.

Cupertino supports and promotes Valley Water’s
outreach projects.

Gilroy: A utility bill insert was sent to every address in Gilroy in April 2022.

Los Altos supports and promotes Valley Water’s outreach efforts.

Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages (English, Spanish, Vietnamese and Chinese).

Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.

Palo Alto supports and promotes Valley Water’s outreach project.

The City of Santa Clara supports and promotes Valley
Water’s outreach efforts.
1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm 2 Each September, all deliverables need to be reported to Valley Water for tracking purposes. 3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting.

ATTACHMENT 2

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Los Altos City CouncilSeptember 20, 2022

Los Altos City Council
September 20, 2022