Los Altos Hills City Council
April 21, 2022

Staff Report to City Council Page 3
Emergency Manager Consultant
April 21, 2022
3 Staff recommends that the Town enter into an agreement with Ms. Hepenstal for one year of consulting services. After one year of services, Town staff can review the agreement and consider renewing for subsequent year(s) or seeking alternative solutions for an emergency manager.

ENVIRONMENTAL REVIEW:

Entering into an agreement with a consultant Emergency Manager is exempt from the California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

Entering into an agreement for consultant Emergency Manager services with Ann Hepenstal assists the Council in meeting its policy goal related to maintaining a high level of public safety in Town. Specifically, one of the milestones was to hire a consultant emergency manager by the end of the second quarter.

FISCAL IMPACT:

Attachment 4 is proposal received from Ann Hepenstal for consultant emergency manager services. Ann’s hourly rate is $175 per hour with a do not exceed limit of $90,000 per fiscal year.

This would allow the Town roughly 500 hours for her to train staff, attend meetings, work with the community, and complete small projects in Town.

There are enough funds in the FY 2021-22 operating budget to cover Ms. Hepenstal’s hours, as well as Ms. Hovey’s hours during the time that they will work together to get up to speed on Town operations.

Staff is planning on including funds in the proposed FY 2022-23 operating budget to cover the work Ms. Hepenstal would complete in the upcoming fiscal year.

ATTACHMENTS:

1. Resolution

2. AB 5 – Worker Status: Employees and Independent Contractors.

3. Informal RFP

4. Ann Hepenstal Proposal

Resolution __ -22 Page 1
RESOLUTION __ -22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS

ALTOS HILLS AUTHORIZING THE CITY MANAGER TO ENTER

INTO A ONE-YEAR AGREEMENT WITH ANN HEPENSTAL FOR

EMERGENCY MANAGEMENT CONSULTANT SERVICES NOT TO
EXCEED $90,000
WHEREAS, for the past 10 years, the Town has received professional advice and guidance on matters pertaining to emergency management and disaster preparedness at the municipal level from a consultant, Marsha Hovey, LLC; and
WHEREAS, recently, the Town engaged in a priority setting session to plan what it would like to accomplish in the year ahead. One of the goals identified was an increase in the Town’s dedication to emergency preparedness; and
WHEREAS, Due to this increase of responsibility, coupled with her long running career in emergency management consulting, Ms. Hovey notified the Town of her intention to step down as the Town’s lead point of contact for Emergency Preparedness; and WHEREAS, Town staff put together an informal Request for Proposal (RFP) which was circulated amongst the Santa Clara County Office of Emergency Management network and the Santa Clara County Emergency Managers’ Association network; and WHEREAS, Town staff received a proposal from Ann Hepenstal, who has over 15 years of experience in emergency management in both the public and private sectors; and WHEREAS, staff recommends entering into an agreement with Ms. Hepenstal for a one-year trial agreement, at the end of which Town staff can assess the services received from Ms. Hepenstal and consider renewing the agreement or seeking alternative emergency Management consulting services.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby authorizes the City Manager to enter into a one-year agreement with Ann Hepenstal for emergency management consultant services not to exceed $90,000.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1

Resolution __ -22 Page 2
By:

George Tyson, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk

Assembly Bill No. 5
CHAPTER 296
An act to amend Section 3351 of, and to add Section 2750.3 to, the Labor Code, and to amend Sections 606.5 and 621 of the Unemployment Insurance Code, relating to employment, and making an appropriation therefor. [Approved by Governor September 18, 2019. Filed with
Secretary of State September 18, 2019.]
legislative counsel’s digest
AB 5, Gonzalez. Worker status: employees and independent contractors.

Existing law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the “ABC” test, to establish that a worker is an independent contractor for those purposes.

Existing law, for purposes of unemployment insurance provisions, requires employers to make contributions with respect to unemployment insurance and disability insurance from the wages paid to their employees. Existing law defines “employee” for those purposes to include, among other individuals, any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee.

This bill would state the intent of the Legislature to codify the decision in the Dynamex case and clarify its application. The bill would provide that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business. The bill, notwithstanding this provision, would provide that any statutory exception from employment status or any extension of employer status or liability remains in effect, and that if a court rules that the 3-part test cannot be applied, then the determination of employee or independent contractor status shall be governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). The bill would exempt specified occupations from the application of Dynamex, and would instead provide that these 91 Attachment 2

occupations are governed by Borello. These exempt occupations would include, among others, licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry.

The bill would also require the Employment Development Department, on or before March 1, 2021, and each March 1 thereafter, to issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. The bill would make the exemption for commercial fishermen applicable only until January 1, 2023, and the exemption for licensed manicurists applicable only until January 1, 2022.

The bill would authorize an action for injunctive relief to prevent employee misclassification to be brought by the Attorney General and specified local prosecuting agencies.

This bill would also redefine the definition of “employee” described above, for purposes of unemployment insurance provisions, to include an individual providing labor or services for remuneration who has the status of an employee rather than an independent contractor, unless the hiring entity demonstrates that the individual meets all of specified conditions, including that the individual performs work that is outside the usual course of the hiring entity’s business. Because this bill would increase the categories of individuals eligible to receive benefits from, and thus would result in additional moneys being deposited into, the Unemployment Fund, a continuously appropriated fund, the bill would make an appropriation. The bill would state that addition of the provision to the Labor Code does not constitute a change in, but is declaratory of, existing law with regard to violations of the Labor Code relating to wage orders of the Industrial Welfare Commission. The bill would also state that specified Labor Code provisions of the bill apply retroactively to existing claims and actions to the maximum extent permitted by law while other provisions apply to work performed on or after January 1, 2020. The bill would additionally provide that the bill’s provisions do not permit an employer to reclassify an individual who was an employee on January 1, 2019, to an independent contractor due to the bill’s enactment.

Existing provisions of the Labor Code make it a crime for an employer to violate specified provisions of law with regard to an employee. The Unemployment Insurance Code also makes it a crime to violate specified provisions of law with regard to benefits and payments.

By expanding the definition of an employee for purposes of these provisions, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 91 Ch. 296 — 2 —

This bill would provide that no reimbursement is required by this act for a specified reason.

Appropriation: yes.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  On April 30, 2018, the California Supreme Court issued a unanimous decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex).
(b)  In its decision, the Court cited the harm to misclassified workers who lose significant workplace protections, the unfairness to employers who must compete with companies that misclassify, and the loss to the state of needed revenue from companies that use misclassification to avoid obligations such as payment of payroll taxes, payment of premiums for workers’ compensation, Social Security, unemployment, and disability insurance.
(c)  The misclassification of workers as independent contractors has been a significant factor in the erosion of the middle class and the rise in income inequality.
(d)  It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the California Supreme Court in Dynamex and would clarify the decision’s application in state law. (e)  It is also the intent of the Legislature in enacting this act to ensure workers who are currently exploited by being misclassified as independent contractors instead of recognized as employees have the basic rights and protections they deserve under the law, including a minimum wage, workers’ compensation if they are injured on the job, unemployment insurance, paid sick leave, and paid family leave. By codifying the California Supreme Court’s landmark, unanimous Dynamex decision, this act restores these important protections to potentially several million workers who have been denied these basic workplace rights that all employees are entitled to under the law.
(f)  The Dynamex decision interpreted one of the three alternative definitions of “employ,” the “suffer or permit” definition, from the wage orders of the Industrial Welfare Commission (IWC). Nothing in this act is intended to affect the application of alternative definitions from the IWC wage orders of the term “employ,” which were not addressed by the holding of Dynamex.
(g)  Nothing in this act is intended to diminish the flexibility of employees to work part-time or intermittent schedules or to work for multiple employers.

SEC. 2. Section 2750.3 is added to the Labor Code, to read:
2750.3. (a)  (1)  For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration 91 — 3 — Ch. 296

shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied:
(A)  The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(B)  The person performs work that is outside the usual course of the hiring entity’s business.
(C)  The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
(2)  Notwithstanding paragraph (1), any exceptions to the terms “employee,” “employer,” “employ,” or “independent contractor,” and any extensions of employer status or liability, that are expressly made by a provision of this code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission, including, but not limited to, the definition of “employee” in subdivision 2(E) of Wage Order No. 2, shall remain in effect for the purposes set forth therein. (3)  If a court of law rules that the three-part test in paragraph (1) cannot be applied to a particular context based on grounds other than an express exception to employment status as provided under paragraph (2), then the determination of employee or independent contractor status in that context shall instead be governed by the California Supreme Court’s decision in S.

G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello).
(b)  Subdivision (a) and the holding in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), do not apply to the following occupations as defined in the paragraphs below, and instead, the determination of employee or independent contractor status for individuals in those occupations shall be governed by Borello. (1)  A person or organization who is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code.
(2)  A physician and surgeon, dentist, podiatrist, psychologist, or veterinarian licensed by the State of California pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, performing professional or medical services provided to or by a health care entity, including an entity organized as a sole proprietorship, partnership, or professional corporation as defined in Section 13401 of the Corporations Code. Nothing in this subdivision shall apply to the employment settings currently or potentially governed by collective bargaining agreements for the licensees identified in this paragraph.
(3)  An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant. 91 Ch. 296 — 4 —

(4)  A securities broker-dealer or investment adviser or their agents and representatives that are registered with the Securities and Exchange Commission or the Financial Industry Regulatory Authority or licensed by the State of California under Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Division 1 of Part 3 of Title 4 of the Corporations Code.
(5)  A direct sales salesperson as described in Section 650 of the Unemployment Insurance Code, so long as the conditions for exclusion from employment under that section are met.
(6)  A commercial fisherman working on an American vessel as defined in subparagraph (A) below.
(A)  For the purposes of this paragraph:
(i)  “American vessel” has the same meaning as defined in Section 125.5 of the Unemployment Insurance Code.
(ii)  “Commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code.
(iii)  “Working on an American vessel” means the taking or the attempt to take fish, shellfish, or other fishery resources of the state by any means, and includes each individual aboard an American vessel operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, including maintaining the vessel or equipment used aboard the vessel. However, “working on an American vessel” does not apply to anyone aboard a licensed commercial fishing vessel as a visitor or guest who does not directly or indirectly participate in the taking. (B)  For the purposes of this paragraph, a commercial fisherman working on an American vessel is eligible for unemployment insurance benefits if they meet the definition of “employment” in Section 609 of the Unemployment Insurance Code and are otherwise eligible for those benefits pursuant to the provisions of the Unemployment Insurance Code. (C)  On or before March 1, 2021, and each March 1 thereafter, the Employment Development Department shall issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. This report shall include, but not be limited to, reporting the number of commercial fishermen who apply for unemployment insurance benefits, the number of commercial fishermen who have their claims disputed, the number of commercial fishermen who have their claims denied, and the number of commercial fishermen who receive unemployment insurance benefits. The report required by this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(D)  This paragraph shall become inoperative on January 1, 2023, unless extended by the Legislature.
(c)  (1)  Subdivision (a) and the holding in Dynamex do not apply to a contract for “professional services” as defined below, and instead the determination of whether the individual is an employee or independent 91 — 5 — Ch. 296

contractor shall be governed by Borello if the hiring entity demonstrates that all of the following factors are satisfied:
(A)  The individual maintains a business location, which may include the individual’s residence, that is separate from the hiring entity. Nothing in this subdivision prohibits an individual from choosing to perform services at the location of the hiring entity.
(B)  If work is performed more than six months after the effective date of this section, the individual has a business license, in addition to any required professional licenses or permits for the individual to practice in their profession.
(C)  The individual has the ability to set or negotiate their own rates for the services performed.
(D)  Outside of project completion dates and reasonable business hours, the individual has the ability to set the individual’s own hours. (E)  The individual is customarily engaged in the same type of work performed under contract with another hiring entity or holds themselves out to other potential customers as available to perform the same type of work. (F)  The individual customarily and regularly exercises discretion and independent judgment in the performance of the services. (2)  For purposes of this subdivision:
(A)  An “individual” includes an individual providing services through a sole proprietorship or other business entity.
(B)  “Professional services” means services that meet any of the following:
(i)  Marketing, provided that the contracted work is original and creative in character and the result of which depends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the contracted work.
(ii)  Administrator of human resources, provided that the contracted work is predominantly intellectual and varied in character and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.
(iii)  Travel agent services provided by either of the following: (I) a person regulated by the Attorney General under Article 2.6 (commencing with Section 17550) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, or (II) an individual who is a seller of travel within the meaning of subdivision (a) of Section 17550.1 of the Business and Professions Code and who is exempt from the registration under subdivision (g) of Section 17550.20 of the Business and Professions Code. (iv)  Graphic design.
(v)  Grant writer.
(vi)  Fine artist.
(vii)  Services provided by an enrolled agent who is licensed by the United States Department of the Treasury to practice before the Internal Revenue Service pursuant to Part 10 of Subtitle A of Title 31 of the Code of Federal Regulations.
(viii)  Payment processing agent through an independent sales organization.
91 Ch. 296 — 6 —

(ix)  Services provided by a still photographer or photojournalist who do not license content submissions to the putative employer more than 35 times per year. This clause is not applicable to an individual who works on motion pictures, which includes, but is not limited to, projects produced for theatrical, television, internet streaming for any device, commercial productions, broadcast news, music videos, and live shows, whether distributed live or recorded for later broadcast, regardless of the distribution platform. For purposes of this clause a “submission” is one or more items or forms of content produced by a still photographer or photojournalist that:
(I) pertains to a specific event or specific subject; (II) is provided for in a contract that defines the scope of the work; and (III) is accepted by and licensed to the publication or stock photography company and published or posted. Nothing in this section shall prevent a photographer or artist from displaying their work product for sale.
(x)  Services provided by a freelance writer, editor, or newspaper cartoonist who does not provide content submissions to the putative employer more than 35 times per year. Items of content produced on a recurring basis related to a general topic shall be considered separate submissions for purposes of calculating the 35 times per year. For purposes of this clause, a “submission” is one or more items or forms of content by a freelance journalist that: (I) pertains to a specific event or topic; (II) is provided for in a contract that defines the scope of the work; (III) is accepted by the publication or company and published or posted for sale. (xi)  Services provided by a licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist provided that the individual:
(I)  Sets their own rates, processes their own payments, and is paid directly by clients.
(II)  Sets their own hours of work and has sole discretion to decide the number of clients and which clients for whom they will provide services. (III)  Has their own book of business and schedules their own appointments.
(IV)  Maintains their own business license for the services offered to clients.
(V)  If the individual is performing services at the location of the hiring entity, then the individual issues a Form 1099 to the salon or business owner from which they rent their business space.
(VI)  This subdivision shall become inoperative, with respect to licensed manicurists, on January 1, 2022.
(d)  Subdivision (a) and the holding in Dynamex do not apply to the following, which are subject to the Business and Professions Code:
(1)  A real estate licensee licensed by the State of California pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by subdivision (b) of Section 10032 of the Business and Professions Code. If that section is not applicable, then this determination shall be governed as follows: (A) for purposes of 91 — 7 — Ch. 296

unemployment insurance by Section 650 of the Unemployment Insurance Code; (B) for purposes of workers compensation by Section 3200 et seq.; and (C) for all other purposes in the Labor Code by Borello. The statutorily imposed duties of a responsible broker under Section 10015.1 of the Business and Professions Code are not factors to be considered under the Borello test.
(2)  A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by Section 7500.2 of the Business and Professions Code, if the repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(e)  Subdivision (a) and the holding in Dynamex do not apply to a bona fide business-to-business contracting relationship, as defined below, under the following conditions:
(1)  If a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation (“business service provider”) contracts to provide services to another such business (“contracting business”), the determination of employee or independent contractor status of the business services provider shall be governed by Borello, if the contracting business demonstrates that all of the following criteria are satisfied:
(A)  The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (B)  The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. (C)  The contract with the business service provider is in writing. (D)  If the work is performed in a jurisdiction that requires the business service provider to have a business license or business tax registration, the business service provider has the required business license or business tax registration.
(E)  The business service provider maintains a business location that is separate from the business or work location of the contracting business. (F)  The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed.
(G)  The business service provider actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity.
(H)  The business service provider advertises and holds itself out to the public as available to provide the same or similar services. (I)  The business service provider provides its own tools, vehicles, and equipment to perform the services.
(J)  The business service provider can negotiate its own rates. 91 Ch. 296 — 8 —

(K)  Consistent with the nature of the work, the business service provider can set its own hours and location of work.
(L)  The business service provider is not performing the type of work for which a license from the Contractor’s State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
(2)  This subdivision does not apply to an individual worker, as opposed to a business entity, who performs labor or services for a contracting business.
(3)  The determination of whether an individual working for a business service provider is an employee or independent contractor of the business service provider is governed by paragraph (1) of subdivision (a). (4)  This subdivision does not alter or supersede any existing rights under Section 2810.3.
(f)  Subdivision (a) and the holding in Dynamex do not apply to the relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry, and instead the determination of whether the individual is an employee of the contractor shall be governed by Section 2750.5 and by Borello, if the contractor demonstrates that all the following criteria are satisfied:
(1)  The subcontract is in writing.
(2)  The subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license.
(3)  If the subcontractor is domiciled in a jurisdiction that requires the subcontractor to have a business license or business tax registration, the subcontractor has the required business license or business tax registration. (4)  The subcontractor maintains a business location that is separate from the business or work location of the contractor.
(5)  The subcontractor has the authority to hire and to fire other persons to provide or to assist in providing the services.
(6)  The subcontractor assumes financial responsibility for errors or omissions in labor or services as evidenced by insurance, legally authorized indemnity obligations, performance bonds, or warranties relating to the labor or services being provided.
(7)  The subcontractor is customarily engaged in an independently established business of the same nature as that involved in the work performed.
(8)  (A)  Paragraph (2) shall not apply to a subcontractor providing construction trucking services for which a contractor’s license is not required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, provided that all of the following criteria are satisfied:
(i)  The subcontractor is a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation.
(ii)  For work performed after January 1, 2020, the subcontractor is registered with the Department of Industrial Relations as a public works 91 — 9 — Ch. 296

contractor pursuant to Section 1725.5, regardless of whether the subcontract involves public work.
(iii)  The subcontractor utilizes its own employees to perform the construction trucking services, unless the subcontractor is a sole proprietor who operates their own truck to perform the entire subcontract and holds a valid motor carrier permit issued by the Department of Motor Vehicles. (iv)  The subcontractor negotiates and contracts with, and is compensated directly by, the licensed contractor.
(B)  For work performed after January 1, 2020, any business entity that provides construction trucking services to a licensed contractor utilizing more than one truck shall be deemed the employer for all drivers of those trucks.
(C)  For purposes of this paragraph, “construction trucking services” mean hauling and trucking services provided in the construction industry pursuant to a contract with a licensed contractor utilizing vehicles that require a commercial driver’s license to operate or have a gross vehicle weight rating of 26,001 or more pounds.
(D)  This paragraph shall only apply to work performed before January 1, 2022.
(E)  Nothing in this paragraph prohibits an individual who owns their truck from working as an employee of a trucking company and utilizing that truck in the scope of that employment. An individual employee providing their own truck for use by an employer trucking company shall be reimbursed by the trucking company for the reasonable expense incurred for the use of the employee owned truck.
(g)  Subdivision (a) and the holding in Dynamex do not apply to the relationship between a referral agency and a service provider, as defined below, under the following conditions:
(1)  If a business entity formed as a sole proprietor, partnership, limited liability company, limited liability partnership, or corporation (“service provider”) provides services to clients through a referral agency, the determination whether the service provider is an employee of the referral agency shall be governed by Borello, if the referral agency demonstrates that all of the following criteria are satisfied:
(A)  The service provider is free from the control and direction of the referral agency in connection with the performance of the work for the client, both as a matter of contract and in fact.
(B)  If the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration, the service provider has the required business license or business tax registration.
(C)  If the work for the client requires the service provider to hold a state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, the service provider has the required contractor’s license.
(D)  The service provider delivers services to the client under service provider’s name, rather than under the name of the referral agency. 91 Ch. 296 — 10 —

(E)  The service provider provides its own tools and supplies to perform the services.
(F)  The service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed for the client.
(G)  The service provider maintains a clientele without any restrictions from the referral agency and the service provider is free to seek work elsewhere, including through a competing agency.
(H)  The service provider sets its own hours and terms of work and is free to accept or reject clients and contracts.
(I)  The service provider sets its own rates for services performed, without deduction by the referral agency.
(J)  The service provider is not penalized in any form for rejecting clients or contracts. This subparagraph does not apply if the service provider accepts a client or contract and then fails to fulfill any of its contractual obligations. (2)  For purposes of this subdivision, the following definitions apply:
(A)  “Animal services” means services related to daytime and nighttime pet care including pet boarding under Section 122380 of the Health and Safety Code.
(B)  “Client” means a person or business that engages a service contractor through a referral agency.
(C)  “Referral agency” is a business that connects clients with service providers that provide graphic design, photography, tutoring, event planning, minor home repair, moving, home cleaning, errands, furniture assembly, animal services, dog walking, dog grooming, web design, picture hanging, pool cleaning, or yard cleanup.
(D)  “Referral agency contract” is the agency’s contract with clients and service contractors governing the use of its intermediary services described in subparagraph (C).
(E)  “Service provider” means a person or business who agrees to the referral agency’s contract and uses the referral agency to connect with clients.
(F)  “Tutor” means a person who develops and teaches their own curriculum. A “tutor” does not include a person who teaches a curriculum created by a public school or who contracts with a public school through a referral company for purposes of teaching students of a public school. (3)  This subdivision does not apply to an individual worker, as opposed to a business entity, who performs services for a client through a referral agency. The determination whether such an individual is an employee of a referral agency is governed by subdivision (a).
(h)  Subdivision (a) and the holding in Dynamex do not apply to the relationship between a motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code and an individual performing services pursuant to a contract between the motor club and a third party to provide motor club services utilizing the employees and vehicles of the third party and, instead, the determination whether such an individual is an employee 91 — 11 — Ch. 296

of the motor club shall be governed by Borello, if the motor club demonstrates that the third party is a separate and independent business from the motor club.
(i)  (1)  The addition of subdivision (a) to this section of the Labor Code by this act does not constitute a change in, but is declaratory of, existing law with regard to wage orders of the Industrial Welfare Commission and violations of the Labor Code relating to wage orders.
(2)  Insofar as the application of subdivisions (b), (c), (d), (e), (f), (g), and (h) of this section would relieve an employer from liability, those subdivisions shall apply retroactively to existing claims and actions to the maximum extent permitted by law.
(3)  Except as provided in paragraphs (1) and (2) of this subdivision, the provisions of this section of the Labor Code shall apply to work performed on or after January 1, 2020.
(j)  In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association.

SEC. 3. Section 3351 of the Labor Code, as amended by Section 33 of Chapter 38 of the Statutes of 2019, is amended to read:
3351. “Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:
(a)  Aliens and minors.
(b)  All elected and appointed paid public officers.
(c)  All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with paragraph (16), (18), or (19) of subdivision (a) of Section 3352.
(d)  Except as provided in paragraph (8) of subdivision (a) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.
(e)  All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract. 91 Ch. 296 — 12 —

(f)  All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352. (g)  A person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust. To the extent that this person is deemed to be an employee described in subdivision (c) or (f), as applicable, the person may also elect to be excluded from coverage as described in subdivision (c) or (f), as applicable, if that person otherwise meets the criteria for exclusion, as described in Section 3352.
(h)  A person committed to a state hospital facility under the State Department of State Hospitals, as defined in Section 4100 of the Welfare and Institutions Code, while engaged in and assigned work in a vocation rehabilitation program, including a sheltered workshop. (i)  Beginning on July 1, 2020, any individual who is an employee pursuant to Section 2750.3. This subdivision shall not apply retroactively.

SEC. 4. Section 606.5 of the Unemployment Insurance Code is amended to read:
606.5. (a)  Whether an individual or entity is the employer of specific employees shall be determined pursuant to subdivision (b) of Section 621, except as provided in subdivisions (b) and (c).
(b)  As used in this section, a “temporary services employer” and a “leasing employer” is an employing unit that contracts with clients or customers to supply workers to perform services for the client or customer and performs all of the following functions:
(1)  Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of the services. (2)  Determines assignments or reassignments of workers, even though workers retain the right to refuse specific assignments. (3)  Retains the authority to assign or reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer.
(4)  Assigns or reassigns the worker to perform services for a client or customer.
(5)  Sets the rate of pay of the worker, whether or not through negotiation. (6)  Pays the worker from its own account or accounts.
(7)  Retains the right to hire and terminate workers.
(c)  If an individual or entity contracts to supply an employee to perform services for a customer or client, and is a leasing employer or a temporary services employer, the individual or entity is the employer of the employee who performs the services. If an individual or entity contracts to supply an employee to perform services for a client or customer and is not a leasing employer or a temporary services employer, the client or customer is the employer of the employee who performs the services. An individual or entity that contracts to supply an employee to perform services for a customer 91 — 13 — Ch. 296

or client and pays wages to the employee for the services, but is not a leasing employer or a temporary services employer, pays the wages as the agent of the employer.
(d)  In circumstances which are in essence the loan of an employee from one employer to another employer wherein direction and control of the manner and means of performing the services changes to the employer to whom the employee is loaned, the loaning employer shall continue to be the employer of the employee if the loaning employer continues to pay remuneration to the employee, whether or not reimbursed by the other employer. If the employer to whom the employee is loaned pays remuneration to the employee for the services performed, that employer shall be considered the employer for the purposes of any remuneration paid to the employee by the employer, regardless of whether the loaning employer also pays remuneration to the employee.

SEC. 5. Section 621 of the Unemployment Insurance Code is amended to read:
621. “Employee” means all of the following:
(a)  Any officer of a corporation.
(b)  Any individual providing labor or services for remuneration has the status of an employee rather than an independent contractor unless the hiring entity demonstrates all of the following conditions:
(1)  The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(2)  The individual performs work that is outside the usual course of the hiring entity’s business.
(3)  The individual is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
(c)  (1)  Any individual, other than an individual who is an employee under subdivision (a) or (b), who performs services for remuneration for any employing unit if the contract of service contemplates that substantially all of those services are to be performed personally by that individual either:
(A)  As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or drycleaning services, for their principal. (B)  As a traveling or city salesperson, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, their principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations.
(C)  As a home worker performing work, according to specifications furnished by the person for whom the services are performed, on materials or goods furnished by that person that are required to be returned to that person or a designee thereof.
91 Ch. 296 — 14 —

(2)  An individual shall not be included in the term “employee” under the provisions of this subdivision if that individual has a substantial investment in facilities used in connection with the performance of those services, other than in facilities for transportation, or if the services are in the nature of a single transaction not part of a continuing relationship with the employing unit for whom the services are performed.
(d)  Any individual who is an employee pursuant to Section 601.5 or 686. (e)  Any individual whose services are in subject employment pursuant to an election for coverage under any provision of Article 4 (commencing with Section 701) of this chapter.
(f)  Any member of a limited liability company that is treated as a corporation for federal income tax purposes.

SEC. 6. No provision of this measure shall permit an employer to reclassify an individual who was an employee on January 1, 2019, to an independent contractor due to this measure’s enactment.

SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
91 — 15 — Ch. 296

Town of Los Altos Hills
Consultant Emergency Manager Page 1
Town of Los Altos Hills
Informal Request for
Proposals
Consultant Emergency Manager for
Los Altos Hills
Date Issued: March 21, 2022
Date Due: April 4, 2022
Attachment 3

Town of Los Altos Hills
Consultant Emergency Manager Page 2

CONSULTANT OVERVIEW
The Town of Los Altos Hills is requesting proposals for an on-going consultant Emergency Manager.

Under supervision and guidance of the City Manager or his/her designee, the consultant will support and implement a comprehensive disaster and emergency preparedness program that includes education and community engagement in coordination with Town staff and partnering agencies such as the Santa Clara County Office of Emergency Management.

This constant will provide a coordinated and dedicated effort to implement and promote emergency preparedness initiatives with a focus on increasing citizen participation in all sectors of the Los Altos Hills community. The consultant will support staff and the community in building a sustainable community-based emergency preparedness program.

TASKS
Work may include, but are not limited to, the following:
• Plan, organize, review, evaluate, and personally perform activities to implement a variety of emergency preparedness and disaster recovery programs and procedures under the SEMS/ICS model.
• Provide technical expertise in the area of disaster recovery and mitigation with a focus on establishing alternative means of providing power, water, communications, food and shelter for citizens in the event of a major disaster.
• Facilitate the preparation of, maintain, and distribute a current Emergency Operations Plan.
• Assist in the development of public awareness programs regarding disaster preparedness. • Develop educational materials and make presentations to partnering agencies, Town residents, and community groups.
• Assist in the development and presentation of training sessions to Town staff. • Assist in resource development, homeland security related grant procurement, and grant administration.
• Maintain detailed records and prepare correspondence and periodic special reports. • Coordinate community emergency response team volunteers in conformance with the standards, practices, and procedures of the emergency plan. • Attend required meetings, training seminars, and conferences related to emergency management and homeland security.
• Liaison with schools, business, local jurisdictions, State and Federal agencies.

Town of Los Altos Hills
Consultant Emergency Manager Page 3
LOS ALTOS HILLS CONTACT:

Questions about the project may be directed to:

Cody Einfalt, Management Analyst
Town of Los Altos Hills
26379 Fremont Rd.

Los Altos Hills, CA 94022
[email protected]

PROPOSAL REQUIREMENTS
Should include the following:

1. Cover Letter – explain professional background and proposal of services to the Town

2. Resume

3. Reference Check Contact Information

4. Requested Hourly Rate

1 Ann Hepenstal, CBCP March 2022
Emergency Manager for the Town of Los Altos Hills
Background
The Town of Los Altos Hills is looking for an emergency management and planning manager to strengthen the Town’s emergency response capability and to lead and manage their emergency preparedness program.

Statement of Work
Ann Hepenstal, CBCP, will fill the role of Emergency Manager for the Town of Los Altos Hills and be responsible for the following:
● strategic planning for emergency management and preparedness programs in the Town of Los Altos Hills
● emergency management technical advisor to the Los Altos Hills City Manager ● project management of work to strengthen emergency planning and preparedness in the Town of Los Altos Hills
● emergency management training for Los Altos Hills Staff Specifically, the initial focus will be:

Los Altos Hills Emergency Operations Center:
● Update structure of the Emergency Operations Center (EOC) team ● Analyze the roles needed in the Town EOC and assign staff ● Orient Staff to their roles as Disaster Service Workers in the Town EOC ● Train Town Staff on their roles
● Conduct exercise(s) to strengthen staff readiness for their EOC roles ● Conduct a gap analysis on EOC meeting place, equipment and needs, and make recommendations
Hazard Mitigation Plan (HMP)
● Partner with Town Staff to update the Los Altos Hills Hazard Mitigation Plan ● Develop the Safety Element of the HMP
● Support grant opportunities such as the HMP grant
Town Committee for Emergency Preparedness/Emergency Communications ● Work with the Emergency Communications Committee and Council Liaison to renew the committee’s charter and scope to encompass emergency preparedness and risk management.
● Attend the Committee meetings and provide Staff engagement on the work Disaster Service Worker (DSW) Volunteers:
● Conduct a gap analysis on the DSW volunteer registration, record-keeping and activation processes
● Drive gap-closing actions to strengthen the Town’s DSW volunteer procedures to enable eligibility for the State DSW program
Other work:
● As agreed with the City Manager
Attachment 4

2 In addition, Ms. Hepenstal will represent the Town of Los Altos Hills to the Santa Clara County Office of Emergency Management’s Operating Area Signatories meeting. She will coordinate with Town staff, volunteers, and consultants, including Marsha Hovey; the Los Altos Hills County Fire District; the City of Los Altos; the County Office of Emergency Management; and other jurisdictions and organizations as appropriate.

Terms
The Town intends to engage Ms. Hepenstal as a consultant at a rate of $175/hour, within a notto-exceed amount of $90,000 per fiscal year. Ms. Hepenstal will work flexible hours which will vary weekly based on the projects and meetings, with a combination of remote/telecommuting work and in-person work at project sites or at the Town Hall.

The Town shall provide Ms. Hepenstal with materials necessary for this role, including access to appropriate computer systems/databases/shared drives and other electronic resources needed for the work, access to Town Staff and assets. The Town shall reimburse Ms. Hepenstal for appropriate and reasonable expenses incurred, with City Manager’s prior approval. The City Manager shall meet with Ms. Hepenstal at least monthly to align priorities, remove roadblocks, and assess progress.

3 Ann Hepenstal, CBCP
Email: [email protected]
Phone: 650-946-8298
LinkedIn Profile: www.linkedin.com/in/annhepenstal
Ann Hepenstal has over 15 years of experience in emergency management, crisis management, business continuity and risk management practice in both the public and private sector.

Ann currently leads emergency management planning for the City of Los Altos, strengthening City emergency plans and Emergency Operation Center readiness. Ann designs and leads community emergency preparedness programs, including educational webinars and events. She leads stakeholder engagement in emergency preparedness and manages the City’s Disaster Service Worker Volunteer Program. She chairs the Santa Clara County CERT Leadership Team, and represents the City to the Emergency Managers’ Association and the County Operating Area Signatories group. For her leadership, Ann was recognized as the 2019 Emergency Manager of the Year by the Santa Clara County Emergency Managers’ Association.

Prior to entering government service, Ann held management roles at Intel Corporation. Her 23-year Intel career spanned finance, marketing, program management, risk and controls, and business continuity. In addition, she was assistant leader of Intel’s Santa Clara site volunteer Emergency Response Team.

Ann holds a BS degree in Systems Engineering from Case Western Reserve University and a MS in Management Science from Stanford University. She is a member of the Santa Clara Emergency Managers Association and the California Emergency Services Association (CESA). Ann holds the Certified Business Continuity Professional (CBCP) certification from DRII.

References
“Ann's intellect, work ethic and personal style provide a positive work environment resulting in quality deliverables.”
- Laura Phillips, CBCP, VP, Operational Risk Management, Mitsubishi UFJ Financial Group “Ann’s impressive integrity is a key part of her leadership style.” - John Raftrey, World Wide Manager, Corporate Internet Marketing, Intel Corporation “There are few people I've worked with at Intel who can match Ann's energy and results. Ann is a leader who gets things done, and draws people in - she influences others to work toward bigger goals.”
- Rick Reed, Issue/Crisis Manager - Sales & Marketing Group, Intel Corporation

TOWN OF LOS ALTOS HILLS
Staff Report to the City Council
AGENDA ITEM #9.I(
April 21, 2022
SUBJECT: AUTHORIZATION TO EXECUTE AN AMENDMENT TO THE LANDSCAPE

MAINTENANCE SERVICES AGREEMENT BETWEEN THE TOWN OF LOS

ALTOS HILLS AND BA YSCAPE LANDSCAPE MANAGEMENT
FROM: Oscar Antillon, Public Works Director ~
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the attached resolution authorizing the City Manager to extend an agreement with Bayscape Landscape Management for providing landscape maintenance services.

BACKGROUND
There are six Town-owned facilities that require regular landscape maintenance services. These sites include Edith Park, Westwind Community Barn, Town Hall, as well as the pathways on Arastradero Road, Fremont Road, and at Foothill College/El Monte Road. Currently, Curtis Horticulture is providing the landscape maintenance services at Town Hall and Bayscape Landscape Management is providing the landscape services at the five other sites.

DISCUSSION
On July 1, 2021, staff recommended, and the City Council approved the award of a two-year term contract with the option to renew the contract for two more years. However, the Town entered into a contract services agreement with Bayscape Landscape Management for one year, costing a not-to-exceed amount of $7,750.00 per month, or $93,000.00 annually. The current contract agreement shall end on June 30, 2022. Bayscape Landscape Management has been maintaining good services to five of the Town-owned facilities. Consistent with City Council approval in 2021, Staff is recommending that this contract be extended by one year at the end of this term, and the Town will have the option to extend for two more years.

By extending the contract one more year, the two landscape contracts will need to be renewed at the same time. This will allow staff to consider putting all landscape areas under one contract to reduce the management efforts.

With this contract extension, the current agreement shall end on June 30, 2023. The total amount for two years contract agreement is $186,00.00. There are no changes to the scope of services or monthly compensation.

ENVIRONMENTAL REVIEW
This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 1530l(c) Existing facilities of the California Environmental Quality ACT (CEQA) guidelines. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action support two of the 2022 City Council Priorities

1. Increase Effective Service Delivery and Governance, and

2. Protect & Maintain Infrastructure
FISCAL IMP ACT:

No Impact. This is an ongoing maintenance requirement; the contract cost remains the same as 2021 with a total contract cost for year two of $93,000.00 and is reflected on the Public Works Engineering budget.

ATTACHMENTS:
1) Resolution
2) Amendment to Agreement
Report prepared by: John Chau, Associate Engineer

RESOLUTION NO -----

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT EXTENSION

BETWEEN THE TOWN OF LOS ALTOS HILLS AND BAYSCAPE LANDSCAPE

MANAGEMENT FOR PROVIDING LANDSCAPE MAINTENANCE SERVICES Attachment I
WHEREAS, the Town of Los Altos Hills has five Town-owned facilities that require regular landscape maintenance services; and
WHEREAS, procurement of the landscape services necessary to maintain the five Townowned facilities shall follow the requirements specified in Chapter 4 (Purchasing System) of Title 2 (Administration) of the Los Altos Hills Municipal Code; and WHEREAS, the City Manager recommends that a contract extension be executed with Bayscape Landscape Management.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized to execute a one-year contract extension with Bayscape Landscape Management for a not-to-exceed amount of $7,750 per month, or $93,000 annually.

The above and foregoing Resolution was passed and adopted by the City Coun~il of the Town of Los Altos Hills at a regular meeting held on the 21st day of April, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:-------------- George Tyson, Mayor
ATTEST:

Deborah Padovan, City Clerk

Attachment 2

AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE TOWN OF LOS ALTOS HILLS AND BAYSCAPE LANDSCAPE

MANAGEMENT
This amendment ("Amendment") by and between the Town of Los Altos Hills ("TOWN") and Bayscape Landscape Management, ("Contractor") is dated for references purposes as of April 21st , 2022, with reference to the following facts:

RECITALS
WHEREAS, on July 1, 2021, TOWN and CONTRACTOR entered into an agreement entitled "Agreement" Between the TOWN and CONTRACTOR for Landscape Maintenance Services, ("Agreement"); and
WHEREAS, both parties desire to amend the Agreement in order to modify the compensation and to extend the term of the Agreement.

NOW THEREFORE, In consideration of the covenants, conditions and promises hereinafter contained, to be kept and performed by the parties hereto, TOWN and CONTRACTOR agree that the following section of the aforesaid agreement dated July 1, 2021, is amended to read as follows:

Revision to Section 1.1 (with additions in italics and deletions in strikethrough)
Section 1.1 Terms of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2022, the date of completion specified in ~ID-it-A, June 30, 2023
Revision to the first paragraph of Section 2
Section 2. COMPENSATION. TOWN hereby agrees to pay CONTRACTOR a sum not to exceed $93,000.00 $186,000.00,
General Provisions
A. Except as modified hereby, the terms and provisions of the Agreement shall remain unmodified and in full force and effect.

B. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Agreement.
-1-

C. In case of any conflict between any term or provision of this Amendment and any term of provision of the Agreement, the term or provision of this Amendment shall govern.

D. This Amendment shall be deemed to be made in, and construed in accordance with, the laws of the State of California. In the event suit is brought by either party hereunder, the Parties agree that venue for such action shall be vested in the state courts of California in the County of Santa Clara or in the United States District court in the Northern District of California.

E. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one agreement.

IN WITNESS WHEREOF, this Amendment has been executed as of the date set forth above.

CONTRACT COORDINATOR and
representative for TOWN:

Oscar Antillon
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
-2-
CONTRACTOR:

Tom Ellington, President
TOWN OF LOS ALTOS HILLS:

Peter Pirnejad, City Manager

Attachment 2
Bayscape Lan.dscape Management

LANOBDAPE MANADEMEHT
Cover Letter
August?,2020
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: Nichol Bowersox
Dear Ms. Bowersox,
Bayscape Landscape Management would like to thank the Town of Los Altos Hills for inviting us to be a part of the bidding process for the Landscape Maintenance Services After carefully inspecting all sites, Bayscape understands the importance of quality workmanship and detail required to maintain the appearance of each site.

Individuals Authorized to Bind Contract:

Tom Ellington
President
P.O. Box 880
Alviso, CA 95002
Office: 408/288/2940
Fax: 408/392/9014
Email: [email protected]
Matt Ellington (main point of contact for the RFP)
Vice President of Operations
P.O. Box 880
Alviso, CA 95002
Office: 408/288/2940
Fax: 408/392/9014
Email: [email protected]
Bayscape Landscape Management has been doing business in the San Jose area for over 35 years. Our management team is comprised of a staff that has degrees in Ornamental Horticulture, Certified Arborists, Certified Water Managers and Qualified Applicators. In addition, we are a locally owned company.

RQJ
Matt Ellington
1 Vice Presiden~perations
~
P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License # C27 865702
1 •
.
.

BA·y·· s·,c··, A· 1:)J":~ • I. .... J.. . . . _,
Services Detail Statement
Management Approach
Bayscape :Landscape ·Manageme11t
Bayscape has effectively managed the Landscape Management Services for many municipality contracts. The experience and knowledge gained during that time is invaluable and can be directly related to the Town of Los Altos Hills Landscape Maintenance Services contract.

Management of Landscape Maintenance Services and Quality Control Quality Control
Bayscape has set up policies and programs to ensure quality work is achieved and maintained throughout their contracts. All crews are required to fill out and submit a weekly "Site Inspection Sheet". These sheets are collected and evaluated by the management team to identify any deficiencies or issues within the work sites that require follow up and action. For example, if any sites are noted as "irrigation problems", the supervisor will speak with the crew leader to find out what the problem is and then assign an irrigation technician to address the problem. If any sites are notes as "tree problems", the supervisor will speak with the crew leader to find out what the problem is. If the problem is a hanging limb or any type of safety issue, our crews are trained to caution tape the problem area off and then take a picture of the hazard and immediately send it to the supervisor. The supervisor will then report the issue to the Town staff immediately so a work order can be placed to the appropriate division for repair. This reporting requirement has proved to be very valuable for other contracts due to the number of sites that need to me kept track of so nothing slips through the cracks. A sample site inspection sheet is shown below.
tjw ""' t·"··--Corridor-·"·- ~1·,M.l~~:::i:1 ~;;-~~n ~;!':.~~~~ Trees OK Pr:~7:ms Sh~•:,s . Pr~:(~::.. - .................. ------··· Commonts ·-----..................... _. ..j. ---· ... ,,.-, .•• -.,.,,.,,,,,. ___ .. ___ , __ ........ ...__.,__ Problema Probl~mu· ------ Problomas Poe/a: MUhca lrrls.aclon con la Arbolos con los PlanUil con las 11Pt,'.!..'!:!!!.. m.,_._ .... ~.£~!!.tl2!:.,., .... _ .. _., ,' lnuura. basura OK _ lrrlgaclon OK _ arboles ~- ___ nfanta$ ·-----~ .. ---·----·------·-Cotncnt.:.rJ~!.-·--------·--- Alum ~oc.~ Al,(~nlHI " K
Barrv~.~s.n ~ond X J( )( X
East San Antonio Str•~et X X
Hostetter ltoad K X X X
l<lng Road X X I(
L.u.n.~y !\v:enue K l( " )(
McKee Road X )( " X
M~Uaughlln Avenue X X )(
Monterey Road X )( )(
Quimby lload X K X K
Sentor Road X
Story Road X
·runv I.toad )(
White Road I( X
______________________ ........ ___ .
1 P.O. Ilox 880, Alviso, .c,nro,·111, .95002 _ l'ho11c,_(408~8-2940 _ Fax:_(40'!) 392-9014_ ··-· __ _ California State Contrnctol''s License# C27 865702

i . Bayscape Landscape Ma11agement
f
I
l LANOSOAPE MANAGEMENT
Quality Inspection Program
Bayscape has also put into place a "Quality Inspection Program". The value of having a program of this nature is to keep quality at a high level, promote competition and recognize our work force. Here's how it works. • We start by telling the workforce that we will be inspecting their sites • We pick 3 sites from each crew
• Both Supervisor and VP of Operations inspect the sites • We use the quality inspection forms shown previously as the scoring criteria • We inspect the jobs like if lool<ed at them through the eyes of the public • Once all scores get finalized, we pick a 15
\ 2nd and 3rd place winners
• We recognize the winners by giving them prizes of monetary value The program is successful. We have positive feedback from the workforce and management team.

Inspections are performed four times per year. We believe it is a good way to minimize mistakes on our job sites. It is also a good tool to measure how our crews and supervisors are performing. It also shows which crew leaders are motivated to grow with the company and have ownership with the jobs. The comment was made in one of our safety meetings, "at the next quality inspection my crew is going to win 1st place". That type of comment is what we aim to get from all of our crew leaders and this program helps encourage that. ----·----------··-····----·------·· ---·· --------·------·------~--- 2 OL<CA
.... :ff:Y
___ J. ___ ·-·-·--··y.o. Box 880, Alviso, California 95002 Phone: (4081288-2940 Fax: (408) 392-901 __ 4_i_i_l __ _ Califomia State Contractor's License# C27 865702

LAND$0APB MANABKMBNT
Key Staff Organizational Chart
Samuel Loera
Superyisor/
lrrigaUon
Specialist
Irrigation
Technicians
, ·Maintenance · Crews
Matt DeNucclo i
Supervisor
Maintenance
Crews
Bayscape IJandscape Management
Tony Macias
Supervisor
Maintenance
Crews
Tom
Elllrigton
President
I
Mal_t E.ll!qgio~ Vlcf Pt.eildeilt
or
OperaUoi:rs j
Toni Scurti
Supervisor
Maintenance
Crews
Rick
Gano
vice President
or .··
Constructlon
· Barry Cohe.n
Coriitrucilon
Superintendent ·
I . . C<>ns.tructlon :

Crews
BIii Berri~ge
Arbortek
Certified
Arborlst
Tree
Crews
stump
Grind
Crews
·1
Office
Staff
All Kurth
Accountlng
Manager
. Shawn Kurth
Office
Manager
·--------· .. ··----------......... --.... ---·-.. ·-·-.. ·-···· .. --.. ··---------.. --............ --,---··---.. --·--- CILCA \"'((;rJ
___ <~{/._.__ P.O. Box 880, Alviso, California 9SOO~onc..u_408) 288-2940 -
California State Contrnctor's License# C27 865702
-
3

I3 .. A· ·y·s·, C,.1 A J) ·1.~ ' . ~. ,..I. . -·'
:Bayscape Landscape :Manage1nent
Field Supervision and Staff Accountability
Bayscape implements a chain of command procedure with its staff to ensure results and accountability. The chain of command for Town of Los Altos Hills will be as follows:

Operations Manager - Oversees all operations and scheduling of the contract and worl<s closely with the Town's staff to ensure expectations are being met.

Supervisors - Oversees the daily activities of the maintenance crews and irrigation technicians and reports directly to the company's Operations Manager as well as the Town's staff.

Irrigation Technicians - Performs irrigation system inspections and repairs and reports directly to the supervisors.

Crew Leaders - Performs the daily maintenance activities and guides the gardeners on their crews to ensure quality standards are being met. They report directly to the supervisors.

Gardeners - Performs the daily maintenance activities and reports directly to the crew leaders.

CiLCA \":[JJ
_ '\/ _____ P.O. Uox 8801 Alviso, .California 95002_Phonc: (40!i)~88-2940 _ F~(.108} 392-9014 ii - -
California State Contl'nctor's License# C27 865702
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_Bayscape Landscape Management
l,. A N fJ B O A P E t·l A M /\ t:3 C. M c,; N 1'
Transition Plan
Startup
Prior to the commencement of the project term, Bayscape will hold a meeting with all key personnel to review the project details and objectives. This will include a comprehensive review of all scope of services outlined in Exhibit "A" Scope of Services. Daily, weekly and monthly schedules will be issued to all field supervisors and maintenance crews. Maps of service areas will also be issued to field supervisors and maintenance crews for reference throughout the duration of the project.

Bayscape will perform the initial inspections on the condition of plant material, irrigation systems and hardscape. Once all reports are completed, we would like to have a formal meeting with Town staff to review the deficiencies and come up with a strategy to remedy them. Bayscape understands that budget constraints may hinder the ability to fully remedy all deficiencies, but we'd like to identify the priority issues with Town staff and come up with a plan to resolve them.

During the first 90 days on the job our supervisors will be alongside our crew leaders and crews daily to ensure that all work areas are being covered and the scope of services is being performed accordingly. We would like to have weekly or bi-weekly onsite meetings with Town staff during the first 90 days so all parties share the same understandings and are confident that the work is being performed according to that scope.

After the first 120 days on the job, we would like to have a formal sit down meeting with Town staff to review the worl< performed thus to date and discuss any concerns either party may have.

We feel that these steps are necessary for every contract to achieve a smooth transition and the utmost quality that the Town and residents deserve.
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____ P.O. Box 880,_Alviso, California 95002 .Phone: J.4Q!!2 288-2940 __ Fax_!J408) 392-9014 • .
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California State Contractor's License# C27 865702

Bayscape I.1andscape Management
tANt)!:JClAPE MANAt'J!!MfiM"T
General Debris and Litter Control Plan
Bayscape staff will make maximum effort on every service of each contracted area to ensure all littler and debris will be removed from the landscape areas and the hardscape areas which include concrete curbs, gutters, sidewall<s and emergency pavement lanes adjacent to the roadways. All animal waste will be removed and discarded from the contracted corridors upon discovery. Leaf and litter debris will be blown out from under plant material to avoid accumulation over time, especially given that these areas will only be cleaned on a quarterly basis.

General Trimming and Pruning Plan
The goals of plant growth control are to maintain healthy, attractive plants within the planting space allotted with minimal removal and disposal of vegetative growth. Plants shall be pruned selectively to remove individual stems or branches that extend beyond the natural conformation of the plant to a lateral branch or at the point of attachment. Woody groundcovers shall be selectively pruned to control growth towards pavements rather than edged. Existing hedges that have been maintained by shearing in the past and that do not have adequate space to grow to mature plant size can continue to be maintained by shearing. In this case, Bayscape will recommend replanting options to these existing hedges so that they can be maintained in their natural shape. For hedges that have not yet been maintained by shearing, they will be selectively pruned on an as needed basis to create adequate space for development. We must consider whether the plants have adequate space for development and, if not, be selectively pruned on an as needed basis. Where plant size must be controlled because of inadequate space, we will prune to reduce size by cutting individual branches or stems to interior lateral branches at appropriate locations. Bayscape will notify the Town Project Manager where hedges could be replaced with size-appropriate plants to eliminate the requirement for shearing. It is necessary to manage growth of grasses, shrubs and trees to minimize fire risk. Bayscape shall maintain vegetation clearances as required by the Santa Clara County Fire Marshall. Where recommended clearances would negatively affect plant health or environmental quality, Bayscape will contact the Fire Marshall for a field inspection and recommendation.

Tree Care Plan
General Tree Care
General tree care is performed to I.SA Best Management Practices. Only our trained, experienced personnel will perform tree pruning. An I.SA Certified Arborist will be present at all times during pruning. Pruning cuts larger than 4 inches on live tissue will not be made unless directed by Town staff. Crews will make thinning cuts as opposed to heading or topping cuts and will not exceed 20% of live canopy. Pruning cuts will be made to a lateral branch and no less than 1/3 the diameter of the parent branch. All cuts will be made back to branch bark ridge to ensure proper compartmentalization. End weight reduction will be made by selectively pruning -----w--·------------·-----• 6
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California State Contrnctor's License# C27 865702
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LANDBCTAPE WAHAO~WENT
out 2-3 inch branches at the ends of laterals. No hedge trimmers are used on trees and we do not strip out the interiors of canopies or "lion's tail". If the interior is largely made up of water sprouts, we thin them out.

Clearance Pruning
Clearance prnning is done to achieve at least 15 feet vertical clearance over roads and 8 feet over sidewalks or paths. Clearance pruning is also performed around lights, signs, buildings (3-5 feet), and over chimneys (10 feet). Tree canopies over turf should be high enough to mow under, or so that people can't swing from them.

Structural Pruning
Structural pruning is usually performed on small to medium sized trees to establish proper growth and eliminate potential hazards or weaknesses. This involves identifying the dominant leader. The leader should be free of wounds, disease and defects. Other competing leaders are to be pruned out or shortened.

Removal of water sprouts, dead branches and crossing branches should also take place here.

Staking and Guying
Training and safety is at the core of Bayscape Landscape Management. We perform 52 training sessions each year with topics varying from safety to horticultural techniques. We understand that each plant and tree is an investment into our future and that a properly planted and staked tree is the keystone to a tree's health and growth. We perform a specific training on proper planting of trees and another on proper staking of trees. It is also critical for the ongoing monitoring of those trees that have been staked or guyed. We train our staff to recognize, monitor and evaluate tree staking, with particular attention to the tree ties, to make sure that they are not girdling the tree. We have our crews monitor the trees at regular intervals. We equip our crews with extra tree stakes and tree ties in the event that a stake has been vandalized or tree ties need to be adjusted for the health of the tree. A practice that we perform above and beyond the normal specification is a full inspection of staked trees during the months prior to the stormy season. By doing this, it affords us the opportunity to evaluate the need for stakes to remain, to make minor repairs or replace stakes, and view the general structure of the tree.

Shrubs and Planting Areas Plan
Our crews use proper pruning techniques and balanced fertilizers to promote healthy growth and structure to all plants. Shrubs will be pruned using selective cuts to lateral branches, or to the point of origin. Shrubs will not be sheared or hedged unless specifically directed by the Town Project Manager. Plants and shrubs will be maintained to l<eep clearance from other plants, hardscape, vehicles and other facilities and to provide visibility for pedestrians and motorists. Our crews are trained to identify and treat pests and disease that can do harm to the landscape. Our licensed Pest Control Advisor will control insects and disease using approved insecticides and fungicides with specific recommendations. --... --·-··~·---------··------~-~---- 7
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\ "f(/ __ P.O. !lox 880, Alviso, Cnllfo,·nin _95002 Phonc:~88-2940 Fox: (408) 392-9-014 __ ""' :_· _--' __ California State Contractor's License# C27 865702

Bayscape I.1andscape Management
Irrigation System Maintenance Plan
Water Conservation - Our water conservation goals are that landscapes should be irrigated to maintain plant appearance and health, and managed to conserve water and avoid overspray and water damage to Town's hardscape and property. Irrigation application rates and distribution uniformity are best assessed through an irrigation audit. Bayscape will perform an irrigation audit at the startup of the contract.

Irrigation Scheduling - The approach to irrigation scheduling shall be used to match plant need with water application and avoid over-·irrigation and overspray. Irrigation intervals and frequency shall be suitable for weather conditions, soil infiltration rates, and plant species' rooting depth and water requirements within each hydro zone. Irrigation duration within each hydro zone shall be based on the soil infiltration rate, species water requirement and rooting depth within the hydro zone, and the application rate and distribution uniformity of the irrigation system within that zone. Enough water shall be applied at each irrigation cycle to wet through the depth of root zone. Where runoff occurs, the application time shall be divided into shorter time intervals and repeated as needed. Irrigation frequency for each will be adjusted upon need. Bayscape technicians will observe the irrigation system in operation to identify and correct water runoff or standing water problems.

Irrigation System Maintenance and Repair - The irrigation technicians will maintain the irrigation systems for optimum performance, as per manufacturers specifications, by inspecting the entire system on a routine basis.

This includes cleaning and adjusting all sprinkler and bubbler heads, drip emitters and valves for proper coverage. They will inspect the irrigation system in operation to ensure proper function of mains, valves, laterals, risers and heads. Raising or straightening of heads that are sunken or tipped will be addressed immediately during the inspection if found. All malfunctioning equipment will be reported on a timely basis identifying date checked, controller, valve number and type of problem. All irrigation replacement parts shall be of the same manufacturer, type, and application rates as existing, or approved equals or upgrades.

Irrigation system pressure shall be checked and adjusted at least quarterly during season of operation.

Bayscape will maintain and submit quarterly documentation of irrigation checks and as built plans of any changes or adjustments to the system.
20% Reduction in Water Usage - Water reduction usage will take place with several water management methods. First method will be to reduce the number of watering days to a point to sustain the best appearance of the site without over stressing the plant material. Second method will be to use a cycle and soak method on the controllers to allow the water to penetrate into the soil without excess runoff. In addition to cycle and soak, valve times adjustment relevant to the ETo rates for the given month. The next step would be to work with the Town to examine the type of irrigation heads being used on the site and to determine if retrofit to heads and nozzles would produce a more uniform distribution of water at a lower flow rate. Another step is to repair leaks immediately to avoid waste of water.
8 OLCA •.. · ,··.fl·'l''' . . 'v,./ ~· - _\· 7 __ P.O. Box 880,Alviso, California 95002 _ ... _ Phone~(408))88-2940 __ ... Fax:._(408) 392-9014 ---·-· · '·.· .·- ···--· Califomia State Contrnctol''s License# C27 865702

:Bayscape "Landscape Manage1nent
LANDSC1APU: MANAOffiM((;t~T
Competitive Advantage
Bayscape feels it is the most qualified contractor to implement the landscape specifications for Town of Los Altos Hills Landscape Maintenance Services. The following are the reasons why Bayscape should be selected over the other bidding contractors.
• A staff of experts who exceed customer expectations and standard landscape practices • Certified Water Auditors and Certified Water Managers • Certified staff for reclaimed water practices
• Certified Arborists on staff for tree evaluation, review and project recommendations • Proactive techniques to produce high level staffing plans, scheduling, implementation and results • Professional recognition for outstanding achievement via the California Landscape Contractors Association in the San Francisco Bay Area and California State Awards Program (2005-2017) • First Place State Award for Large Commercial Maintenance of Capital Auto Mall, City of San Jose in 2007
• First Place State Award for Medium Commercial Maintenance, City of Hayward in 2009 • Over 25 awards for installation and maintenance of Bay Area landscape projects from 2001 to 2017 • Implementation of safety management processes and procedures by certified, trained staff • Team member training and implementation of advanced methods of landscape practices via classroom and field instruction
• Continual project review, analysis and control measures for disease and pest control to maintain landscape plant health standards
• Properly maintained properties resulting in increased property values for area residents and commercial tenants
• Use of sustainability practices and products for preservation and enhancement of the environment • Maintenance team use of proactive job costing and value engineering practices • Problem solving and solution set development by staff horticulturists • Water management professionals with experienced practices in planning and scheduling that result in significant decrease in water usage and cost redLtction • Irrigation system review and recommendations for proper plant health, efficient water usage and reduction of asphalt and hardscape damage.
• Green waste recycling program for landscape pruning and hardscape material • Reduction of power equipment usage on designated "Spare the Air Days" and concern for environmental abatement regulations
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\w \ .. <" __ y.o. Box_ 880, Alviso, California 95002 ·- Phone: i:(0~)288-2940 Fa8408}.392-9014 --· • ~~. '· · ·-'- ·----- California State Contrnctor1s License# C27 865702

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! :Bayscape Landscape Manage1nent

LANOBDAPE MANAOKNINT
Innovative Techniques/Approach
• Bay-Friendly Principles - reduce waste and pollution, conserve natural resources, and create vibrant landscapes and gardens. It is important to understand that what we do today will impact our children and our children's children. We train our crews to perform their daily activities with Bay-Friendly principles in mind. We promote less waste to the landfill, nurture the soil, conserve water, conserve energy, protect water and air quality and create wildlife habitat. • Smart Controllers - With water conservation being such a critical aspect of landscape maintenance, we at Bayscape have worked closely with all our customers to optimize the use of their water with smart controllers. Evapotranspiration is the key. We only need to put back as much water into our landscape as that taken out through evapotranspiration. With smart controllers, we can do this. • GPS Tracking - Bayscape currently has GPS modules in all route trucks and cell phones. This allows us to efficiently manage our vehicles performance as well as route efficiency. Our in-house mechanic receives e-mail alerts when our trucks are ready for regular service or when a "check engine" alert triggers. Also, we review our crew's daily routes via computer to see if we can schedule jobs expeditiously to reduce windshield time and put more hands-on time on the job. • Google Earth Pro - We maximize our resource time with the use of Google Earth Pro. From measuring to mapping, it saves time and money.
• Mulch Mowing -· Bayscape retrofitted over 75% of its mower fleet to mulching blades. This reduces waste to landfill and recycles valuable nutrients to the landscape that would otherwise be supplemented with fertilizers.
• Low Noise Blowers - There is nothing worse than waking up in the morning to your neighbor's landscaper running his blower at full throttle. We at Bayscape have outfitted our crews with low noise blowers to reduce noise pollution for community relations and to improve employee wellness. • Handheld Devices for Water Management - Bayscape owns hand held remotes for all major smart controllers, which allows us to test systems efficiently and make program changes away from the controller.
• Camera Phones - All Bayscape employees are issued a cell phone with camera capabilities. This has proved to remedy issues in the field immediately. If our crews discover an issue in the field, they will send management a picture of the issue immediately so we can remedy the issue or forward that picture to CSJ staff to dispatch the proper authorities. • Smart Phones - All Bayscape management carry smart phones with e-mail capabilities. This allows staff to respond immediately to email while in the field overseeing the crews. • Value Engineering - On any renovation project, Bayscape can provide value engineering solution sets to achieve the desired result when taking into consideration budget constraints. ---~#--------- ·~----....... -.---·---·-------------------- 10 ClLCA
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_ ' .' --· P.O. Hox 880, Alviso, California __ 95002 Phone~( 408) 288-2940 .. ___ Fax:{ 408) 392-9014 -
California State Conh'actor's License# C27 865702
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LANOUDAPI, MANAUfi:Mf!NT
Experience with Integrated Pest Management
Integrated Pest Management
Bayscape staff is trained to assume pesticides are potentially hazardous to human and environmental health.

Preference shall be given to reasonably available non-pesticide alternatives when considering the use of pesticides on Town property. Bayscape staff monitors landscape areas to identify presence of beneficial insects and pests, determine populations, life stage, and degree of damage to plants. Key plants and key pests will be monitored closely during normal periods of pest activity. This information will be the basis on which pest control methods are initiated. Records of monitoring activity shall be l<ept. The term pesticide applies to insecticides, fungicides and other substances used to control pests. When cultural, mechanical, physical and biological controls have provided inadequate pest control, at that point, we may select and apply an appropriate least-toxic pesticide as a last re.sort. Least-toxic pesticides have a high LD-50, low residual and narrow range of toxicity. Application must be timed to the appropriate life stage of the pest.

Bayscape maintains records of all pest management activities. Each record shall Include the following information:
• Target pest
• Type and quantity of pesticide used
• Site of the pesticide application
• Date the pesticide was used
• Name of the pesticide applicator
• Application equipment used
• Prevention and other non~chemical methods of control used or attempted The three main goals of Bayscape's integrated pest management program are to:

1. Maintain healthy, attractive plants, maximize resistance to pests and out-compete weeds.

2. Monitor for presence of pests and to evaluate pest impact to plant health and appearance, and nuisance to the public.

3. Provide control treatments that have minimal negative effects on all but the pest and that protect air and water quality.
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_,,,_\ j ··--· P.O. Box 880tAlvlso, Califomh1 95002. Phone: @8}288-2940 .. _Fa~(408) 392-9014 California State Contl'actor's License# C27 865702 •
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Bayscape Landscape Manage1ne11t
Experience
Bayscape has had and continues to execute and maintain many diverse types of Public Works contracts. ----------"""'_,,, ___ ,.,,, .... ., .... ----·--·-·-··-·---- Job Name ,._, ____ ~· City·-
-----------·-·-J.,..~ .... ,-,,«_ .. _,
City of San Jose - CFD 14 (Hitachi) OP 5456 0 --·- _K ___ M ___ ______ ,,.

City of San Jose - Dist 18 (Meadowlands) OP
54544
·city of-S-an_J_o-se - Dist 5 (Orchard-&Plu-mera ) OP
54561
·-city o-f-S-an_J_ose - Fa-cTITHeslJistricts_i&_3 __ _H,, ___ -·-..... ~--.. ·· City of San Jose - Municipal Water
P/0 OP 49664 ·---·-·---~-·-·--- ... --~ .. ,
City of Hayward !!Jin Bridges ___ !:.'.9.:.~~o __ 0355--- -·-··------ City of San Jose -__ Dist 8 AC 25499 -··-·---·······- City of San Jose - Basking Ridge AC 25499 ---- City of San Jose - Capitol Auto Mall AC 254 ___ City of San Jos~_:_ M~I AC 25499
City of San Jose - MMI AC 25499
99 --·
-· ......... ......._.......... -·--.... ~ .. --·---- _ City of San Jose - LRT AC 25499 ··-·--.. ····---·--- VTA - Railroad \/TA - River Oaks-····-··-··---·-·-·····-···-····-···--- -... - .... ,,,, __ - P/0 30500465554
San Jose .. - ........ ____ San Jose
San Jose
__,,_
San Jose ·-.. -··--- San Jose
~~-.. --~---
Hayward
--·--···---
_____
San Jose ,_,.. ____ San Jose
-·-· San Jose --· San Jose .... San Jose i-.-.,_, ____ , San Jose
_Milp.itas
San Jose
·-"--------·-·-·-·~---·-···-- -- ___ ,,_,..,, __ VTA - Bus Stops P/o 30500468661 -----····--· City of San Jose - Dist# 21 Airport Parkway OP 49500
San Jose
San Jose
-·-·star t Contract
End Date -·-··-- -·---· 06/26/17
06/26/17
06/26/1 7
4 4
121017r
07/01/1
---- 03/01/1
--·----4
3 3
12/02/1
-------· 12/02/1
06/30/20
06/30/20
06/30/20
Current
11/30/20--
11/30/20
12/02/1 3 11/30/20
12/02/1 3 11 /30/20--
12102.rf. 3 11/30/20 ...
12/02/1 3 11/30/20 -· 10/01/1 ____ ,,_ ·-·-----.. - 3 09/30/18 08/21/1 3 07/31/18
._ ........ -
08/21/1 07/31/18
--· -t-----··----- 03/01/1 02/28/20
~ity of·-s-an_J_o-se· - Dist #11 Brol<a{~crp·~~~ ........ -~~ .... _____ ,, _____ -· 3 3
3 3
00 San Jose ---... , ... __ ---.. ·-·--· .. ··· City of San Jose - Dist #2 Trade Zone San Jose OP 49500 ------·----------------··-- _____ ,, __
City of San Jose - Small Parks # OP 50153 San Jose ·-·--· ""'". ..... --· City of San Jose - San Jose West San Jose Community & Policing Cente r
OP# 45467
·-------·----------·----··--- City of San Jose - San Jose Mexican Heritage Plaza OP# 45467 _____ ,,_
·---·-----------·---
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03/01/1
03/01/1
12/27/1
01/01/1
01/01/1
__..., .....
02/28/20
02/28/20
---·-··---··- 1 12/31/17 _,,,_,, .. ___ ,. -----··
1 12/27/11
12/27/11
_ ............... __________ _
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12 ·· · __ P_.O. Box 880, Alviso, California .. 95002 Phone: .{_408).288-2940 Fax: _{401!)_392-9014 ·-·-·-- California State Contractor's License# C27 865702

Bayscape l.1andscape :Management
LAMC)tEIClAPI! MAN/\tJl~Mff:tt·r
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City of San Jose -
OP #45467
Animal Care Center
.... ~------- City of Fremont ( Washington Grade Seperation) P/0 A10-036
City of Fremont ( Osgood Road. New median
... sanJase·-·-r--01-,0-1-,1-1----·~1-2-12-1-,fr--
Fremont
__ ,, ___ .. ___ 1----
07/01/10 06/30/13
Fremont 07/01/10 06/30/13
islands) P/0 A 10-036 ___ .... ·-----------·-----+ .. --.. _ .. ____ , _ _,__ _______ _ City of Fremont (Washington Blvd. Median Islands) Fremont 07/01/10 06/30/13-- P/O A10-036 -city· of-Sa_n_J-ose ·:-Dis-t-#2-2---=_-_-_g~_-~tfaas-o-~01·-···sar, ~~~s-e _·-· ·-05-/0-171_0 ==~-0-9-/3-0/14. ~ity_of San Jose ~-C?_?_'!)m, Hill _?_~ 44002 .. __ Sa~9se _ 05/01/09 06/30/10-- City of San Jose - Dist #1 The Paseos San Jose 07 /01-/0-9 -----· 09/30/14-·· OP 49124 ·------·--·------·-···-..... _,, ___ ,, ... , ... - ...... _, -----·-.--.. ,.,, __ _ City of San Jose- Basking Ridge San Jose 5/1/2008 Open -----···-----·---··--·---····-------------t---------- City of Hayward P.O. 1401469- Hayward 04/01/08 06/30/15 00 Extras 1401280-00
City of San Jose-Systematic Maintenance of
Landscape Areas on Median Islands within District
.. #21 (Gateway, ~!~.~!1..!._§_kyport, MetroL_
San -Jo_s_e_,__21172J5oi __ ,_1_/3-1 /2008 ·
City of San Jose-Capitol Auto Mall - Landscape
Maintenance-Quote #96466
San Jose 2/1/2007
City of Livermore .. Project No. 03-16:(Po3Tof-·--·-·- Tfiiermore 111112005 City of Milpitas-McCarthy Ranch LMD .95-1 ·-·- . Milpitas -+--9/_1~~~-4- City of San Jose-District #16 Evergreen-Bid No. San Jose 3/5/2004 93724
3/28/2008
--·-·--·-- 6/30/2005
8/31/200i
----... ~-....... - 3/4/2007
-City of San Jose":"fiifedia'n lsla'iicl's&,Fro-ntages-=-sid - "sari"Jose- 9/T/2662___ 12/31 /200:f No.81605
-·--.... ----·---------·---- City of San Jose - Median Islands .. & Frontages ___ .. San Jose __ 7/23/2001,,_,_ 6/30/2002 City .. of Morgan .. Hill ·· Medians & Streetscape ------ Mor2~Hi~ 2/1/2001 6/30/200f City of Livermore ··---·---------·-·--·----- Liv~!~?.re 2/1/2001 2/28/2002 City of San Jose·· Isolated Turf _Medians ...... _,__ San Jose 10/~./200~--· 12/3~{~~.QI Simply stated, Bayscape knows how to perform for City of San Jose. For every contract Bayscape has entered, we've always performed at a high level and to the complete satisfaction of the City. ·------·---·----.. ---·--------» .. »-·--·-··--· .. ··---------- CVCA
\(((! ___ P_.O_. Box 880, Alviso, California 950_02 __ P_ho_n~40~,ll88-2940 fi'.ax: (4filll 392-9014 • '
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California State Contractor's License# C27 865702
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EXHIBIT "])"

COMPENSATION
~·-·" ____ ,, __ ,_,,,,_•m--•- , ____ ..,, ____ .,. -------·----........ ___ MaplDNo Site name Address Monthly Amount .;.,~e. ~
5-9:1: l:AI I '.fewfl I !all :il:63:19 FreffieRt ReaEl $ &iJO. D Cl
5 .. 02 Arastradero path Arastradero Rd. and Stirrup Way $ Fremont Road c)Cl
S-03 Fremont Road Path Concepcion Rd. to Edith Ave. $ :J DCd. ,_ .. $ 7£().
6V
S-04 Edith Park Edith Ave. & Fremont Rd.

Foothill College & El Monte El Monte Road l:10
S-05 Pedestrian and Bike path Moody Rd. to Stonebrook Dr. $_LJOO._ >- $ ;_ S't)O. ~ c)
S-06 Westwlnd Community Barn 27210 Altamont Road ,, ____ .,_ ·--~••---·----""'-•"-"'----•••.,,,.,.,...,..,.. __ ,v ____ ~--"~'"_,,,~-"'"""'"'- -----·- - Monthly Total$_~. e
0 $7,750.00
PROPOSERS: Please show date, and time on RFP opening on the envelope containing your proposal.

The undersigned as Proposer, declares that the only persons or parties interested in this proposal is made without collusion with any person, firm or corporation. Your signature on this document, should you be awarded the contract as defined in this RFP, signifies that you have fully read and understood this proposal and will comply with all specifications, conditions, unit prices, terms, and delivery of the proposal unless otherwise noted in the "exceptions" portion of the proposal.

Name of
Offerer (Firm):

Authorized
Signature:

Printed/Typed
Name:

Phone: (
Fax: (
Title:

Date:

Malling
Address:

City,
State,
Zip:

E-Mail
Address:
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EXHIBIT "C"
BUSINESS STATEMENT AND REF.ERIJ~NCES
This form must be completed and signed by the Contractor proposed to participate in this award. Attach additional copies of this form as required.

Company Name:

Malling Address:
_.L':SL!:~ r A.f JE LA.AJg.sc /If E )h.l'I A·t.El1-1 F~ 2 0. qi>"' g'80
Town: A 1... v !. So ____ State:

Telephone No.:.<-/O(S-Z8f?v ZCJt-lQ_rax No.:

Contact Person's Name: __ ~t't!f"T' f-='-~ .. q,._~-~i-clN ________ _ Telephone No.: t./_08-S90~8.6CQ__rax No.: ~08-392- 901'/ .

Email Address: .L!111:-.z::r.. ee MY.SC A.I!~. lv,.;...c/?7_.___ _ Business License No.:

State: __ .._.C,,_fl,_ ______ E.xpiration Date:
~.S0iLiose1
8>·{5 --2/
Federal ID No. or Social Security No.: __ ...sJ.::.fl5S-e,."l[ \ DIR Registration Number:
• Jt.YotJ0111/L I
Telephone No.:_'{()8-c.8 g'-2,~Q_rax No.: l.fQ({-<3 qz,. go l!:L MalllngAddress: Jl(1~ Alvi.Sb i U4. 9..500& __
Town: -.A.J.ut.ffi State: __ffi_ ____ Zlp: _!l_fiDOL_ __ _

Type of Organization: (Check all that apply)
~· Corporation, under the laws of the State of {/f.,'::_0 1C~1"1 o Individual
o Joint Venture
o Municipal, State, or Federal
o S Corporation
o General Partnership
o Limited Partnership
o Non-Profit Corporation
o Small Business Enterprise: A business enterprise that is independently owned and operated; organized for profit; Is not dominant in Its field; and meets the criteria set forth by the Small Business Administration in Title 13, Code of Federal Regulations, Part121.

Company representative authorized to sign contracts.
-----·---·--r--"·----------,---· .. ------·---·
Signature
'!08-~90-8/09
-+.L-=--=--... 91 Q ~ 6'. ~ '1~-
Date

REFERll~NCES
A minimum offive (5) references. Local and similar size contract references are preferred.

REFERENCE NO. 1 ···--------------
. NAME O_!: FIRM _______ C1r~ .. ..J'A.tL.4~"L .. -·--·------···-·-···---·--- __ ADDRESS __ .... 1""10"1 f:1rt~j-... Q.0. ------.. ·-·------... - CITY, STATE, ZIP···-- .$A~ A~<,;(,;,,_ 0~: __ _2.S"'/ .,3.3_ ________ .. ________ _ ~~L~;~~:E NO.---· ..=Je!~~~!i i}?.: · .. =~-~~===--===-= PROJECT NAME. .. .. ~nr.J:::. . ..SAAJ, __ ~..s~ ··-·-·------- ~ COMPLETION DATE·-·-·. :,:r~- ZC.h. ~--- -r<i(._~€N ~r----·---·--.. ----···--- APPROX. COST flt 00 OOC) Alt,JvAt....

REFERENCE NO. 2
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NAME OF FIRM 1r'J-" .~ ..Sd-N ~-.. ----------.. -·--·--·-··--.. -...... -- -~DDRESS ------- . "-/CJ"-! _f!dJJ:t,.(!,v,t.l-.....L{g. --------··-- CITY, STATE, ZIP _______ :-,S".4,v.,.:;t~., .... Cfl- ___ 9'.S:,,:33' ---·------------ TELEPHONE NO, ::t.Q_f ~ Z.e>l. ~ S'-1 {£_ _____ ,._ ... _ CONTACT _______ .. t:1J trvEJ:::_£::,.o,U'.5_ ______________ ......... __________ _ __ PROJECT NAME__ C,C _ Z.A~o _ _3 _______ ., _____ ,, __________________ ....... _ COMPLETION DATE DEcEM13t.:=1t., Z.o I'-/ '7'"0 (' V ,r:,u;-tvT_'-----· ? 6 S:-6 OCJC) -~ N ui4 l . . -·-·
REFERENCE NO. 4 -----.. --+- ·----------·-----·-·----·--·------- -~~!"IE OF FIRM·-·-----· c,.~~,1.1(..0 __ .. _____________ .. ___ ~--- ADDRESS /p __ .!St:l:!~~r. S-t, I£_1 --------------J
~ CITY, STATE,ZIP:== ;.I-, Yt..1A,(.,/) r-{ A . ~41..S-'1'~------·--------- _TELEPMON_E NO. ______ .. SJP .. -:5~3 -_813!_7 __ ........ __________ ....

CONTACT __ ,,,._,___ g_, ()f/J-JU? N~t.--,:) ___ , ...... . PROJECT NAME _Et·()~lf/tv/:.V(.lf" L.-LP -------------·--·- COMPLETION DATE (/.()/r.1L 08'"'...........:!0... (v,t;t.swr _____ ,, ____ _ APPROX. COST..... _ ~7'!5C.,CX::0 _,dNNvA '- ---·---------·---·-·-----

REFERENCES continued

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION TO ADOPT REVISED SEWER CONNECTION FEE

SCHEDULE
FROM: Oscar D. Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Approve the attached resolution for adoption of the revised Sewer Connection Fee Schedule.

BACKGROUND
The Town’s current connection fee was set in 2006 at $7,950 per Equivalent Dwelling Unit (EDU). One EDU is defined as 60 Fixture Units (FU) or less. Based on the current cost of the sewer infrastructure the new connection fee is $11,236 per EDU.

New development connecting to the Town’s sewer system, or current connections that increase their need for capacity through expansion (together referred to as Growth), is charged a connection fee at the time of connection/expansion. Publicly owned sewer system’s assets are typically paid for by the contributions of existing customers through rates, charges, and taxes. Existing customers’ investment in the existing system capacity allows newly connecting customers, or customers looking to expand, to take advantage of unused surplus capacity. To further economic equity among new and existing customers seeking additional capacity or new connectors, they will typically buy-in to the existing, effectively putting them on par with existing customers.

Connection fees are a type of fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq., the Mitigation Fee Act (Act).

The purpose of connection fees is to ensure that development pays its fair share of the costs associated with providing system capacity.

Connection fees are used to recover Growth’s fair share of the costs of existing facilities that were funded by rate payers and that provide capacity for growth. Because the Town is largely built out, growth occurs as infill and expansion, which can occur anywhere within the service area. Hence, all of the facilities required to serve the Town’s current customers are the same facilities that provide service for Growth. In effect, the Town’s current sewer collection system is an integral network that can provide capacity for existing customer as well as new growth.

AGENDA ITEM #9.L
O.A.

P.P.

Staff Report to City Council Page 2
Revised Sewer Fee Connection Schedule
April 21, 2022
DISCUSSION:

At the meetings of September 1, 2005, and February 9, 2006, the City Council held open and public meetings regarding the adoption of a sewer connection fee schedule for property within the Palo Alto Sewer Basin and Los Altos Sewer Basin, respectively, pursuant to Government Code Section 66016 and in all manner required by law.

Pursuant to Municipal code section 6-4.435 Sewer connection fees shall be adopted by resolution of the City Council.

All existing sewer users will not be impacted by these proposed ordinances. They are intended to be consistent with the Town’s current practices and legal requirements.

The change to the connection fee is an increase of $3,286.00 per connection. The expected revenue increase to the sewer enterprise funds is approximately $39,432 this is based on an average of 12 new connections per year.

Type of Connection Units of Service Cost per
Connection 2006
Cost per
Connection 2022 Change
Residence (1 to 60
F.U.) 1 $ 7,950.00 $ 11,236.00 $ 3,286.00

ENVIRONMENTAL REVIEW
CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of:

1. Meeting operating expenses, including employee wage rates and fringe benefits,

2. Purchasing or leasing supplies, equipment, or materials,

3. Meeting financial reserve needs and requirements,

4. Obtaining funds for capital projects, necessary to maintain service within existing service areas, or

5. Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action to update the sewer connection fees supports tow of the priorities set the by City council for 2022.

1. Increase Effective Service Delivery & Governance, the new fees more accurately reflect the cost of sewer operations and provide equity among new and existing customers.

2. Protect & maintain Infrastructure, the updated fees generate the additional revenue necessary to support the additional connections.

Staff Report to City Council Page 3
Revised Sewer Fee Connection Schedule
April 21, 2022

FISCAL IMPACT
With an average of 12 new connections per year the expected net revenue increase to the sewer enterprise fund is $39,432

ATTACHMENTS

1. Revised Sewer Connection Fee Schedule Resolution

2. Sewer Connection fee study

Resolution -22 Page 1
RESOLUTION -22

A RESOLUTION OF THE CITY COUNCIL O THE TOWN OF LOS ALTOS HILLS

ADOPTING THE NEW SEWER CONNECTION FEES
WHEREAS, the City Council held an open and public meetings regarding the adoption of a sewer connection fee schedule for property within the Palo Alto Basin and the Los Altos Basin, pursuant to Government Code Section 66016 and in all manner required by law; and WHEREAS, the City Council has complied with all statutory requirements for imposing the sewer connection fee as set forth in Government Code Sections 66013 and 66016; and WHEREAS, Pursuant to Municipal code section 6-4.435 Sewer connection fees shall be adopted by resolution of the City Council; and
WHEREAS, Section 15273 of the California Environmental Quality ACT (CEQA) guidelines states that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of:

1. Meeting operating expenses, including employee wage rates and fringe benefits,

2. Purchasing or leasing supplies, equipment, or materials,

3. Meeting financial reserve needs and requirements,

4. Obtaining funds for capital projects, necessary to maintain service within existing service areas, or

5. Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter.

WHEREAS, the City Council finds and determines that this action is exempt from CEQA based on the foregoing provisions; and
WHEREAS, the new fees shall be effective on the date of its adoption.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills adopts the new sewer connection fees as follows:

Type of Connection Units of Service Cost per
Connection
Residence (1 to 60 F.U.) 1 $11,236
Church 1 $11,236
Country Club 2.68 $30,112
Office 1.84 $20,674
Fire Station 3 $33,708
Attachment 1

Resolution -22 Page 2
School: Elementary and junior high
without gymnasium and/or cafeteria

1.00 for each 26 students in
average daily attendance TBD
Junior high with gym and/or
cafeteria

1.00 for each 20 students in
average daily attendance TBD
High school 1.00 for each 15 students in
average daily attendance TBD
Junior college 1.00 for each 10 students in
average daily attendance TBD
Boarding schools/convents

1.00 for each 3-1/2 students in
average daily attendance; plus

12.00 for each 10 nonresident
TBD
PASSED:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George K. Tyson, Mayor
ATTEST:
_____________________________
Deborah L. Padovan, City Clerk

•
201 North Civic Drive, Suite 230
Walnut Creek, California 94596
Tel: (925) 977-6950
Fax: (925) 977-6955
hjh-consultants.com
January 5, 2022
Oscar Antillon
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA, 94022
Subject: Connection Fee Study
Oscar Antillon:

Attachment 2

HF&H CONSULTANTS, LLC
Managing Tomorrow's Resources Today
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Rob C. Hilton, CMC
HF&H Consultants (HF&H) is pleased to submit this technical memorandum for sewer connection fees. The memorandum outlines the methodology and analysis that updates the Town of Los Altos Hills' (Town's) sewer connection fees.

The Town's current connection fee was set in 2006 at $7,950 per equivalent dwelling unit (EDU). One EDU is defined as 60 fixture units (FU) 1 or less. The connection fee was based on a staff report that HF&H Consultants did not receive or review as part of this study. Figure 4 derives the recommended connection fee of $11,236 per EDU.

CONNECTION FEES
New development connecting to the Town's sewer system, or current connections that increase their need for capacity through expansion (together referred to as Growth), is charged a connection fee at the time of connection/ expansion. Publicly owned sewer system's assets are typically paid for by the contributions of existing customers through rates, charges, and taxes. Existing customers' investment in the existing system capacity allows newly connecting customers, or customers looking to expand, to take advantage of unused surplus capacity. To further economic equity among new and existing customers seeking additional capacity or new connectors will typically buy-in to the existing, effectively putting them on par with existing customers. 1 Fixture Units are plumbing fixtures that drains to the sewer system (e.g., sink, shower, dishwasher)

Town of Los Altos Hills
January 5, 2022

Connection fees are a type of development impact fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq., the Mitigation Fee Act (Act).

The purpose of connection fees is to ensure that development pays its fair share of the costs associated with providing system capacity. Connection fees are a one-time charge paid at the time the connection is made. The Act requires that" those fees or charges shall not exceed the estimated reasonable cost of providing the service". Because the Act does not prescribe a formula or procedure for determining "the estimated reasonable cost," it is the responsibility of the analyst to employ a method that yields a reasonable result.

The courts generally regard fees as being reasonable if they are not capricious, arbitrary, or discriminatory. Fees are capricious if there is no factual basis for the underlying data used to make the calculations. Fees are arbitrary if there is no logical rationale for choosing among alternatives. Fees are discriminatory if they disproportionately allocate costs to one class of service at the expense of another class.

The purpose of this report is to document that the conditions have been met to establish that the Town's connection fees recover the reasonable cost of providing capacity.

ANALYTICAL APPROACH
Three steps are required to determine the reasonable costs that can be recovered with connection fees: (1) assets that benefit Growth must be identified, (2) the cost of those facilities must be derived, and (3) the capacity provided by those facilities must be determined. The approach used in this report to address each of these steps is described below.

ASSETS THAT BENEFIT GROWTH
Connection fees are used to recover Growth's fair share of the costs of existing facilities that were funded by rate payers and that provide capacity for Growth. Because the Town is largely built out, Growth occurs as infill and expansion, which can occur anywhere within the service area. Hence, all of the facilities required to serve the Town's current customers are the same facilities that provide service for Growth. In effect, the Town's current sewer collection system is an integral network that can provide capacity for Growth.

The Town's current fixed assets include the Purissima Pump Station, O'Keefe Pump Station, and the sewer pipes.

Town of Los Altos Hills
January 5, 2022

The connection fee also includes the cash reserves of the Town's Sewer Enterprise. The cash reserves are included with the existing facilities because they are assets that has been contributed to the system by current rate payers. As of June 30, 2021, the Sewer Enterprise had a fund balance of $3.9 million per Town staff.

Purissima Pump Station. In August 2000, the Town studied the costs associated with replacing the Purissima Pump Station. The construction cost to replace the pump station was estimated at $300,000. Using the ENR CCI2, the pump station could be replaced at a cost of $580,869 in 2021.

O'Keefe Pump Station. The Town's second pump station, the O'Keefe pump station is roughly half the size of the Purissima Pump Station. Town staff estimates that the construction cost to replace the pump station would be roughly half the construction cost of the Purissima Pump Station which would be $300,000.

Sewer Pipes. Town staff provided a list of all the sewer pipes owned by the Town. Pipes 6" or smaller were excluded since they were likely contributed by developers. Figure 1 shows the total length in linear feet, replacement cost in dollars per linear foot, and the total replacement cost of the Town's sewer pipes that are 8" or larger. Estimates for the cost per linear foot were derived from construction cost estimates throughout California.

Figure 1. Sewer System Pipe Assets
Pipe Size Length (LF) Cost per LF Replacement Cost
811 103,512 $150.40 $15,567,732
10" 6,811 $187.99 $1,280,429
12" 3,132 $225.59 $706,558
$17,554,718
Figure 2 shows the total replacement cost of all the Town's sewer assets and the fund balance; the sum of which are the assets that Growth must buy into with connection fees.

Figure 2. Sewer System Assets
Asset
Purissima Pump Station
O'l<eefe Pump Station
Sewer Pipes
Cash Reserves
Replacement Cost New
$580,869
$300,000
$17,554,718
$3,900,000
$22,335,588
2 Engineer News Record Construction Cost Index. San Francisco Region. December 2000 ENR CCI: 7,447.99; November 2021 ENR CCI: 14,421.03; Ratio: 14,421.03/7,447.99=1.94

Town of Los Altos Hills
January 5, 2022

CAP A CITY IN FACILITIES
The capacity of the facilities should correspond to the facilities that are included in determining the value of capacity. The current number of sewer connections is converted to a standard connection referred to as an equivalent dwelling unit (EDU). An EDU relates non-single-family connections to an equivalent single-family residential connection based on the ratio of the customer's estimated daily water use and strength of wastewater discharge compared to that of a single-family residence.

The Town's current sewer service charge assesses each account on a per EDU basis and collects revenues via the County tax roll. Each year, the Town provides an assessment roll to the County listing each parcel and their respective EDUs. Furthermore, there are a number of parcels that aren't assessed a sewer service charge the tax rolls. These parcels includes schools, Purissima Hills Water District, Town Hall, and the Town's corporation yard. The sum of the assessment roll EDUs and the non-assessed properties is a good measurement of current system capacity.

Figure 3 summarizes the system capacity in EDUs.

EDU Factor Parcels

1.00 1,724

1.50 152

2.33 1

7.97 1

8.07 1
Subtotal Assessed
228.00

2.33 7.97

8.07 1,970.37
Subtotal Non-Assessed 17.50
-------1
Total EDUs 1,987.87

RECOMMENDED CONNECTION FEES
The value of the sewer facilities in Figure 2 serves as the basis for the connection fee. The connection fee is determined by dividing the value by the capacity (in EDUs) shown in Figure 3. The derivation of the connection fee is shown in Figure 4.

Town of Los Altos Hills
January 5, 2022

Figure 4. Connection Fee Derivation
Connection Fee per EDU
Sewer System Assets [1] $22,335,588
Sewer System Capacity (EDUs) [2] 1,987.87
Connection Fee per EDU $11,236

1. Source: Figure 2

2. Source: Figure 3
As discussed above, Growth in the Town will likely occur as home renovations when residents add accessory dwelling units (ADUs)3 or expand their homes to include additional fixture units4• The Town's current sewer service charge is based on an assumed 60 fixture units. When a new customer connects, it is buying capacity for up to 60 fixture units.

Additions or expansions should be charged on a fixture unit basis but only once the additional fixture units exceed 60. Figure 5 calculates the connection fee for each additional fixture unit above 60.

Fiqure 5. Connection Fee per Fixture Unit
Connection Fee per Fixture Unit
Connection Fee per EDU $11,236
Fixture Units per EDU 60
Connection Fee per Fixture Unit $187.27

CONNECTION FEE COMPARISONS
Figure 6 shows the current and proposed connection fees compared to a selection of surrounding agencies for a standard single family residential connection. 3 An ADU is defined as "an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot ')'ith a proposed or existing primary residence."
4 Fixture Units are plumbing fixtures that drains to the sewer system (e.g:, sink, shower, dishwasher)

Town of Los Altos Hills
January 5, 2022

Figure 6, Connection Fee Comparison
$16,000
$14,000
$12,000
$10,000
$8,000
$6,000
$4,000 I $2,000
$0 I I
-i> o,0. ~o t· J·/7 </,0 /5- .s,,e d> o"' ~,e -~ o<:, <>$' :s,<:- Ji} e,v <A'v .,o'~ -i>'::; K~ ~" ·"&'1,~ ~<:, -~ o-> </,'o 0 ~'1, ~~<:, K~ \<-~ G""'"" -:,..,o<:, ,.f' r.;l-' 0 -i>"' 0 0~ ql -:,..,o<:, -:,..<ti o'"" f,"?' ' f,"?' .::,.'6- "so vO ~</,<:, vO '- ~<P

STUDY LIMITATIONS
o-> ~
o' ,,::; ~<:,
a,.

This document was prepared solely for the Town of Los Altos Hills (Town) in accordance with the contract between the Town and HF&H Consultants and is not in intended for use by any other party for any other purpose.

In preparing this study, we relied on information and instructions from the Town, which we consider accurate and reliable and did not independently verify.

Rounding differences caused by stored values in electronic models may exist.

This document represents our understanding of relevant laws, regulations, and court decisions but should not be relied upon as legal advice. Questions concerning the interpretation of legal authorities referenced in this document should be referred to a qualified attorney.

Sincerely,

HF&H CONSULTANTS, LLC
Richard J. Simonson, Senior Vice President
Geoffrey E. Michalczyk, Senior Associate

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE

AGREEMENTS FOR REPLACING TWO EXISTING SEWER PUMPS AT
O’KEEFE PUMP STATION
FROM: Oscar D. Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Adopt the attached resolution authorizing the City Manager to enter into agreements with Shape Inc. and Radman Electric to replace two existing sewer pumps at the O’Keefe pump station with two new Flygt 3085 sewer pumps in an amount not to exceed $30,000.

BACKGROUND
The O’Keefe Pump Station, located on O’Keefe Lane, west of South El Monte Avenue. Is one of the two pump stations owned and operated by the Town of Los Altos Hills. This pump station was constructed in 1993 and serves approximately 50 residences. This pump station currently operates two Flygt 3085 submersible pumps in a wet well that pump sewage through a 4-inch HDPE pipe to a sewer manhole on O’Keefe Lane approximately 200 ft to the east. The two existing sewer pumps were manufactured in Year 2000 and have been in use at this pump station for approximately 20 years.

DISCUSSION
In 2021, West Bay Sanitary District (WBSD) communicated with the Town that the two existing pumps at this pump station had exceeded the average life span of 7 years. To prevent costly pump failures in the future, the two pumps should be replaced with new pumps. WBSD also indicated that the existing conduit from the control panel to the wet well needs to be replaced, and the two existing electrical junction boxes in the wet well need to be abandoned.

Bid Process and Results
To replace the two existing pumps with new pumps, staff reached out to one vendor and two contractors. Shape Inc. is the sole supplier of Flygt pumps. Their quote for two new Flygt 3085 pumps is $16,611.01 (See Attachment 2).

AGENDA ITEM #9.M
O.A.

P.P.

Staff Report to City Council Page 2
Pump Replacement at O’Keefe Pump Station
April 21, 2022
2 To install a new conduit, remove existing pumps, and install new pumps, staff reached out to two contractors, and the results are as follows:

Company Total Comment
Radman Electric $8,751.00
BayTech Engineering - No bid
Recommendations
Staff recommends a budget of $30,000 that includes a contingency to address potential unforeseen conditions during installation as follows:

Flygt 3085 pumps (2 EA) $16,611.01
Install 2-inch conduit and new pumps $8,751.00
Contingency $4,637.99
Total Estimated Cost $30,000.00

ENVIRONMENTAL REVIEW
This action is a class 1 categorical exclusion per Article 19 Categorical exclusions section 15301 Existing facilities of the California Environmental Quality ACT (CEQA) guidelines. 2022 CITY COUNCIL STRATEGIC PRIORITIES
This project supports the Council’s goal to protect and maintain infrastructure by replacing equipment that has reached the end of its useful life and will increase the reliability of the existing pump system.

FISCAL IMPACT
No additional appropriation is needed for this project. The funding of $30,000 for replacing two existing pumps at the O’Keefe Pump Station will come from $60,000 allocated from ARPA funds for replacing four sewer pumps owned by Town of Los Altos Hills.

ATTACHMENTS

1. Resolution

2. Quote from Shape, Inc. dated March 3, 2022

RESOLUTION

RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE

AGREEMENTS FOR REPLACING TWO EXISTING SEWER PUMPS
AT O’KEEFE PUMP STATION
WHEREAS, the Utility Engineering Manager recommends that two existing sewer submersible pumps at the O’Keefe Pump Station be replaced; and
WHEREAS, Shape, Inc. is the sole source supplier of two Flygt 3085 pumps; and WHEREAS, the Utility Engineering Manager recommends selecting Radman Electric which was the only responsible bidder as the contractor to install a new conduit from the control panel to the wet well, and replace two existing pumps with new Flygt pumps; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;

1. The City Manager is hereby authorized and directed to execute agreements with Shape Inc. and Radman Electric to replace two existing pumps and install a new conduit in an amount not to exceed $30,000.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of April 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

Attachment 2

TOWN OF LOS ALTOS HILLS
Staff Report to the City Council
AGENDA ITEM #9.N
April 21, 2022
SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE

AGREEMENTS FOR INSTALLING NEW EV CHARGING

STATIONS, UNDERGROUND RACEWAY, WIRING, AND

ELECTRIC SUBPANEL AT TOWN HALL AND HERITAGE HOUSE
FROM: Oscar D. Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manage~
RECOMMENDATION: That the City Council:

1. Adopt the attached resolution authorizing the City Manager to enter into contracts and to install additional Electric Vehicle Charging Stations (EVCS) and underground raceway for future electric and telecommunication needs for the Heritage House, staff is seeking approval for the following:
a. Purchase of underground raceway materials and pull boxes from the lowest quote, AZCO Supply, in the amount of $8,154.58
b. Agreement with Phoenix Electric, the low bidder for underground raceway for an amount of $69,881
c. Agreement with C&C Electric Inc., the low bidder for the electrical scope for an amount of $24,000

2. Approve a project contingency fund of $51,964.42 and authorize the Public Works Director to approve potential contract change orders not to exceed said funding.

3. Approve additional appropriation of $81,231.03 from the unreserved General Fund.

BACKGROUND:

Currently, one EVCS with two charging ports is provided in the Town Hall parking lot.

The Town currently owns three electric vehicles, and several Town employees also own electric vehicles. This charging station is also used by the public. This charging station is fed by one 40 Amp circuit from an electrical panel in the Parks and Recreation Building.

If two electric vehicles are charging simultaneously, the shared 40 Amp circuit charges slowly and has proven to be insufficient. In addition, the 100 Amp main disconnect at this panel does not have enough capacity to support two additional EVCS. The existing charging station at the Town Hall is not sufficient to meet the demand of, Town fleet, Town staff and public.

In addition, according to the American with Disabilities Act (ADA) Title II requires access to programs and services; such as EVCS provided by a state or local government, and per the California Green Building Standards code and Building code Chapter 1 IB, division 2 at lease one EVCS shall be located adjacent to an accessible parking space. To meet this requirement the Town plans to install one EVCS at next to an existing ADA space.

City Council
New EV Charging Stations at Town Hall
April 21, 2022

As part of future improvements, the Parks and Recreation Building will be either demolished or updated to make better use of the space. Currently the building has substandard electric service for future growth, and or to convert the facility to full electric to support the initiative ofreducing the town's carbon footprint. This additional subpanel will provide for the necessary panel capacity to accommodate the new addition or the upgrade of the existing Park and Recreation building. In addition, the Heritage house has substandard telecommunication service therefore to allow future use of this facility spare conduits will be installed.

DISCUSSION:

To meet the current and future demand, two new EVCS will be added to the one existing charging station at Town Hall to provide a total of three charging stations. The power feed for the new will come from the 600 Amp switchgear in the electrical room in the Council Chambers building. The existing EVCS will also be reconfigured to provide two separate 40 Amp circuits, one for each charging port, to allow for faster charging.

To supply power from the electrical room in the Council Chambers building to the EVCS, a new 200 Amp sub-panel, underground raceway, pull boxes, and wiring will be added.

Spare conduits will also be provided in the joint trench for future use as needed for conversion of the Parks and Recreation Facility to full electric.

As part of this project, the underground raceway will also include communication conduits from the Town Hall's IT room to the Heritage House. The communication conduits will be used to install ethernet cables and to provide internet service in the Heritage House as a separate project.

This additional conduit will help future proof the Heritage house as the town contemplates additional and existing uses in the Heritage House which all include data connectivity. If approved contractors would have been secured to install raceway for the EVCS it could be cost effective to have them add the necessary raceway and fiber conduit to the heritage house.

Bid Process and Results
Staff prepared bid drawings and the engineer's estimate in-house. Staff divided the work scope into four parts, including the underground raceway (base), underground raceway (alternate), underground raceway (base) materials, and electrical.

Staff reached out to four contractors and two vendors for bids, the results are as follows:
. Total
$8,154.58 Selected
$9,298.64
U d n er2roun dR aceway
Company Base2 Alternate3 Total I
Phoenix Electric Co. 1 $50,651 $19,230 $69,881 Selected I

City Council
New EV Charging Stations at Town Hall
April 21, 2022
$78,800

$13,985 $92,785
Phoenix Electric's bid includes labor and equipment only. Materials to be owner furnished.

Underground raceway (Base) is for the EVCS.

Underground raceway (Alternate) is for the Heritage House.

Electrical
·" Total
Phoenix Electric Co. $39,878
C&C Electric Inc. $24,000 Selected
Recommendations
Staff recommends that the City Council accept the materials quote from AZCO Supply, and bids from C&C Electric and Phoenix electric Co.as follows:
$8,154.58
C&C Electric $24,000.00
3 Phoenix Electric Co. $69,881.00
TOTAL $102,035.58
Staff recommends a total budget of $180,000 that includes additional materials for the underground raceway to the Heritage House (Alternate), two new EVCS, and a contingency to address potential unforeseen conditions during construction. The cost breakdown is as follows:

Construction Contract
Underground raceway (Alternate) materials, estimate
Charging Stations (2 EA), estimate
Construction Contingency
Total Estimated Construction Cost

ENVIRONMENTAL REVIEW
$102,035.58
$4,000.00
$22,000.00
$51,964.42
$180,000.00
This action is a class 1 categorical exclusion per Article 19 Categorical exclusions section 15301 Existing facilities of the California Environmental Quality ACT (CEQA) guidelines.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action supports the council priority to Maintain Quality of life and Community Character (Reduce Carbon footprint)
FISCAL IMP ACT:

In the 2021-22 Operating Budget, $120,000 was appropriated from the General Fund for EV vehicle replacement and EVCS. Of the $120,000, the available fund is $98,768.97.

City Council
New EV Chargjng Stations at Town Hall
April 21, 2022

Additional appropriation of $81,231.03 from the unreserved General Fund is required to complete the project.

ATTACHMENTS:

1. Resolution

2. Bid drawings

Attachment 1

RESOLUTION

RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS

FOR INSTALLING NEW EV CHARGING STATIONS, UNDERGROUND RACEWAY,

WIRING, AND ELECTRIC SUBPANEL AT TOWN HALL AND HERITAGE HOUSE WHEREAS, the Utility Engineering Manager did duly examine and consider quotes for materials and project bids submitted for the construction of EV Charging Stations, underground raceway, wiring, and electric subpanel at Town Hall; and
WHEREAS, the Utility Engineering Manager recommends the purchase of underground raceway materials and pull boxes from the lowest quote, AZCO Supply, in the amount of $8,154.58; and WHEREAS, the Utility Engineering Manage recommends that the underground raceway scope of the project be awarded to the lowest bidder, Phoenix Electric Co., in the amount of $69,881; and
WHEREAS, the Utility Engineering Manager recommends that the electrical scope of the project be awarded to the lowest bidder, C&C Electric Inc., in the amount of $24,000; and WHEREAS, the Utility Engineering Manager recommends that funds of $77,964.42 be made available for the purchase of materials and EV's and construction contingency; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;

1. The City Manager is hereby authorized and directed to execute contracts to the abovenamed firms on behalf of the Town of Los Altos Hills for the installation of two EV's and additional raceway for Heritage house.

2. The Public Works Director is hereby authorized to approve potential contract change orders in an amount not to exceed $51,964.

3. Approve appropriation in the amount of $81,231.03 from the unreserved General Fund, for a total project cost of not to exceed $180,000.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of April 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: -------------
George Tyson, Mayor

ATTEST:

Deborah Padovan, City Clerk

TOWN OF LOS ALTOS HILLS Town Hall EV Charging Stations C-101 UTILITY PLAN Attachment 2

TOWN OF LOS ALTOS HILLS Town Hall EV Charging Stations C-102 UTILITY PLAN

TOWN OF LOS ALTOS HILLS Town Hall EV Charging Stations SINGLE LINE DIAGRAM E-101

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING ADDENDUM #1 TO SERVICE AGREEMENT WITH 4LEAF, INC. (4LEAF) TO EXPAND THE SCOPE OF SERVICES TO

INCLUDE STREAMLINING PERMITTING PROCESS FOR THE

ELECTRIFICATION PROGRAM FOR THE BUILDING DEPARTMENT
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the resolution approving Addendum #1 to service agreement with 4Leaf, Inc. (4Leaf) to expand the scope of services to include streamlining permitting process for the electrification program for the Building Department.

BACKGROUND
Planning and Building Department is committed to providing professional, courteous, and efficient service to the public, ensuring that new development complies with local, state, and federal land use and environmental regulations, and guiding the physical development of the Town in a manner that is consistent with the goals and values of the community. The Department is comprised of Planning, Building, and Code Enforcement operations. It includes seven (7) full-time regular employees and one (1) part-time contract employee.

The Building Department is responsible for plan checking, inspection and permitting to ensure life safety, as well as quality control on building activity within the Town. Until recently, there were two (2) full-time employees in the building department, including a Senior Building Inspector and a Building Technician. However, with the departure of the Senior Building Inspector in March 2022, there is only one (1) personnel left in the division. The Department contracts for all plan review services and contracts inspection services on an as-needed basis from time to time.

On February 17, 2022, the City Council approved consulting service agreements with 4Leaf and West Coast Code Consultants, Inc. (WC3) for contract building services for a period of three (3) years in an amount not to exceed $150,000 per contract.

The service agreement with both consulting firms included a scope of services to provide for oncall building department staffing, including Building Officials, Permit Technicians; Plan review services; and inspection services. However, the Building Department's additional needs (discussed below) are not included in the scope of services.

AGENDA ITEM #9.O
P.P.

City Council Page 2
April 21, 2022

DISCUSSION
On October 21, 2021, City Council adopted Climate Action Plan (CAP) that includes measures to reduce Green House Gas emissions. In response, Planning and Building Department included implementation of the Climate Action Plan as one of the key projects/initiatives for 2022 with a key milestone to ‘simplify city permitting processes and reduce permit fee for electrification conversions.’ This project would involve multiple steps, including:
• Coordination with Environmental Initiative Committee; • Identifying permits and documenting all electrification activity related to permits and approvals;
• Developing a compliance guide;
• Coordination with Bay Area Regional Energy Network (BayREN) and Silicone Valley Clean Energy (SVCE);
• Technical content for city webpage and streamlining document With the recent departure of the Senior Building Inspector, there is no senior personnel in the Building Department who can guide or take the lead on this project. Planning staff is trying to coordinate these efforts and met representatives from BayREN and SVCE. However, this project will need focused efforts and coordination.

Since Town already has service agreements in place, staff reached out to 4Leaf to understand if they could help with the electrification project. 4Leaf mentioned that they have teamed up with ID360 and can provide this expertise and provided the scope of services associated with the electrification project.

It shall be noted that this added scope of services will not increase the contract amount with 4Leaf.

Thus, based on the needs of the Building Department, the staff recommends that the City Council approve addendum #1 to consulting service agreement with 4Leaf to expand the scope of services to include streamlining permitting process for the electrification program. 2022 CITY COUNCIL STRATEGIC PRIORITIES
This action would help implementing a key project/initiative “Implement Climate Action Plan” and associated milestone “Simplify city permitting process” identified in City Council Priorities Implementation Plan 2022.

FISCAL IMPACT
There is no fiscal impact associated with revisions to the 4Leaf contract services agreement as there is no change to the already approved contract services amount.

ENVIRONMENTAL REVIEW
The proposed revisions to a contract services agreement does not constitute a “project” under CEQA.

City Council Page 3
April 21, 2022

ATTACHMENTS
Attachment 1: Resolution
Attachment 2: 4Leaf Additional Scope of Services

Resolution ___-22 Page 1
RESOLUTION __-22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING ADDENDUM #1 TO THE SERVICE AGREEMENT WITH 4LEAF TO

EXPAND THE SCOPE OF SERVICES TO INCLUDE STREAMLINING PERMITTING

PROCESS FOR THE ELECTRIFICATION PROGRAM FOR THE BUILDING

DEPARTMENT
WHEREAS, Planning and Building Department is committed to providing professional, courteous, and efficient service to the public, ensure that new development complies with local, state, and federal land use and environmental regulations, and guide the physical development of the Town in a manner that is consistent with the goals and values of the community; and WHEREAS, on February 17, 2022, the City Council approved services agreement with 4LEAF and WC3 for a period of three (3) years with a not to exceed amount of $150,000 per contract ($50,000 per year) to ensure the availability of plan examiners, permit technicians, and on-call building inspectors; and
WHEREAS, the service agreement with both consulting firms included a scope of services to provide for on-call building department staffing, including Building Officials, Permit Technicians; Plan review services; and inspection services; and
WHEREAS, on October 21, 2021, City Council adopted Climate Action Plan (CAP) that includes measures to reduce Green House Gas emissions; and
WHEREAS, on January 25, 2022, the City Council adopted Strategic Priorities Plan 2022 and included implementation of the Climate Action Plan as one of the key projects/initiatives with a key milestone to ‘simplify city permitting processes and reduce permit fee for electrification conversions.’; and
WHEREAS, 4Leaf provided additional scope of services for electrification program; and WHEREAS, staff recommend to add electrification project to the scope of services to 4Leaf services agreement to ensure that the Council goals are met in a timely manner; and WHEREAS, the contract amount with 4Leaf shall remain the same and not to exceed $150,000 for a period of three (3) years ($50,000 per year); and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized to approved Addendum #1 to 4leaf contract services agreement to include streamlining permitting process for the electrification program for the Building Department.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st day of April 2022 by the following vote:

Attachment 1

2 AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk

Task Order: Electrification Program (City of Los Altos Hills) 03/28/22
J4016
Melanie Jacobsen (ID360)
Electrification Program
ID 360
TASK ORDER: Task Order #2 (To be part of 4LEAF's Existing Professional Services Agreement executed on 2/17/2022).

ITEM: I Date Estimated Hourly ESTIMATED
Electrification Program Hours Rates TOTAL
3/24/2022 TBD QOR $14,344
Preliminary Sub-Total of Services provided by 4LEAF $14,344 Preliminary Estimated Fees $14,344
Project Management Mark-up 10% $1,434
Total Preliminary Estimated Fees Not to Exceed $15,778
Estimate is seeking a task order to provide an Electrification Program for the City of Los Altos Hills utilizing a subconsultant ID360.

Services are outlined in the supporting documentation including a breakdown for the cost of services.

This is a straight time estimate. 4LEAF will bill on a time and materials basis Per the Terms and Conditions of the fee schedule in our Professional Services Agreement. 4LEAF will charge a mark-up of 10% for the work performed by ID360. There will be no mark-up for work performed by 4LEAF for plan review and inspections.

This budget may also be used for ancillary services as the City Manager's discretion.

DATE:
4LEAF JOB No.:

PM:

ASSIGNMENT:

SUB
Electrification Program (ID 360)

ID360 – Electrification Permit Streamlining Services
Electrification Permit
Streamlining Services
Sustainable Building Services
City of Los Altos Hills

03.18.2022
Web
www.ID360.green
Email
[email protected]
Phone
650.830.0042

ID360 – Electrification Permit Streamlining Services
A. Background

The City of Los Altos Hills is committed to being a leader in environmental sustainability and has adopted a local Climate Action Plan. The Town staff is currently implementing the City Council Strategic Priorities Implementation Plan dated February 2, 2022. One of the Key Initiatives, “Implement Climate Action Plan”, has directed city staff to “simplify city permitting processes”. As a result, the staff is seeking support to achieve this milestone with a program implementation support. The City is seeking consulting services to assist staff in simplifying city permit process related to electrification. ID360 is pleased to provide a Time-and-Materials Statement of Work for program implementation services to assist the city staff.

B. Goal
Provide program implementation services to support the City of Los Altos Hills to meet their sustainability goals.

C. Activities & Deliverables
The approach includes technical support services required to simplify the permit application process for project applicants related to electrification. Resources will be prepared for heat pump water heaters, heat pump space heaters, induction cooking and electric clothes dryers. See the ID360 Workplan below for the details.

Task Name Duration Total Hours
Task 1 - Program Initiation & Project Management 14.0
o Program Definition Meeting: Organize and attend a project definition conference call with City staff to discuss strategy and overall project. Assumes meeting prep with Agenda, attend meeting, and deliver meeting minutes. 1 Day 2.0 o Project Kick-off: Organize and attend an in-person project Kick off with City Staff to discuss the project scope, goals, timeline and deliverables. Assumes meeting prep with Agenda and PowerPoint, attend meeting, and deliver meeting minutes. 1 Day 2.0 ID360 WORKPLAN: PROGRAM IMPLEMENTATION

ID360 – Electrification Permit Streamlining Services
o Progress Meeting: Coordinate and attend a project update phone meeting with City Staff to discuss progress to date on the Workplan and address any coordination items and technical requirements. 1 Day 2.0
o Environmental Subcommitee Meeting: Up to two (2) 90-minute environmental subcommitee meeting. For each meeting, prepare a powerpoint demonstrating project progress. As needed 8.0
Task 2 - Develop Draft Program Material 53.0
o Electrification Permit Coordination Matrix : Work with senior staff to create an internal coordination matrix as a staff management tool to define coordinated efforts for each type of electrification related permit. Document operational procedures and all existing forms, worksheets, checklists and identify new documents to create. Assumes initially one iteration and one (1) round of comments and updates. 1 week 7.0 o Energy Reach Code & Electrification Streamlining Related Guidelines and Webpage:

Document all electrification related activity related to permits and approvals. Develop an 8-10 page compliance guide for the Energy Reach Code and expectations for permit applicants. Utilize existing program resources from BayREN and Silicone Valley Clean Energy. Assemble content into a MS Word Document guideline. Create technical content for the City Web Page designed to educate Building Permit Applicants about the Electrification related permits and processes and how to successfully adhere to the requirements.
3 Weeks 26.0
o Create a video summarizing Electrification permit process: Create technical content, audio voiceover, and editing for a 5-minute compliance video summarizing the electrification related permit processes. ID360 to provide audio content and PowerPoint presentation for video and shall perform editing in Camtasia Software. 4 weeks 20.0 Task 3 - Launch Help Desk & Program Operation 10.0
o Launch Web Page and Streamlining Document: Launch program webpage as developed in Task 2. Work with City Staff to incorporate content, upload guideline, video, and contact info. Provide News Release content for email blasting announcing the new resource. 1 week 10.0

ID360 – Electrification Permit Streamlining Services
D. Schedule

The schedule for completing the activities presented in this Statement of Work will be developed in cooperation with the Project Manager. See the “ID360 Workplan By Task” attachment containing the Level of Effort (LoE) Workplan for details on Activities and Deliverables.

E. Fee

ID360 is proposing to contract on a time and materials basis for labor.

FEE SUMMARY
Task Description Proposed Fee
Task 1 Program Initiation & Project Management $2,380
Task 2 Develop Draft Program Material $10,264
Task 3 Launch Help Desk & Program Operation $1,700
Total Services Costs: $14,344
Labor Category Rate (2022)
Non-Structural Plans Examiner $170.00
Commercial Building Inspector II $118.00
ID360 HOURLY RATES

DESIGN PHASE
2022
Task Description Q1 Q2
Task 1 Program Initiation & Project Management
Task 2 Develop Draft Program Material
Task 3 Launch Webpage and Provide Updates

SCHEDULE

ID360 – Electrification Permit Streamlining Services

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION TO ACCEPT AN OPEN SPACE EASEMENT AT 26070 NEWBRIDGE DRIVE; LANDS OF MOUSAVI; FILE #SD21-0043.

FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a Resolution (Attachment 1) accepting the granting of an open space easement at 26070 Newbridge Drive; the Lands of Mousavi.

DISCUSSION:

The dedication of an open space easement was required as a condition of approval for a new pool and associated improvements that was approved by the Planning Commission on November 9, 2021 (File # SD21-0043). The dedication is pursuant to General Plan Conservation Element Policy

1.3 which states, “Preserve the integrity of riparian corridors as unique and environmentally sensitive resources.”
The easement area, which is 16,479 square feet in size, includes all portions of the property within 25 feet of Barron Creek’s top-of-bank as described in Exhibit A of the open space agreement included in the Resolution.

ATTACHMENTS

1. Resolution Accepting Grant of the Open Space Easement

2. General Plan Conservation Element Goal 1/Policy 1.3
cc: Nader A. Mousavi
AGENDA ITEM #9.P
P.P.

Resolution -22 Page 1
RESOLUTION ___-22

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF MOUSAVI)
WHEREAS, the Nader A. Mousavi Revocable Trust dated August 14, 2012 (“Owner”) owns the property commonly known as 26070 Newbridge Drive, Los Altos Hills, California (APN 175-24- 067); and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, approves the Agreement for Open Space Easement attached to this Resolution as Attachment 1; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1

This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement for Open Space Easement (“Agreement”) is made and entered into this 21st day of April, 2022, by and between Nader A. Mousavi Revocable Trust dated August 14, 2012 (“Owner”) and the TOWN OF LOS ALTOS HILLS, a municipal corporation, (“Town”).

RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills commonly known as 26070 Newbridge Drive, Los Altos Hills, California (APN 175-24- 067).

B. Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town.

C. Town finds this open space easement to be consistent with the Town’s General Plan and in the best interests of the Town.

D. Owner and Town desire to limit the use of a portion of the property more particularly described in Exhibit A attached hereto, by dedication of an open space easement in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion, recognizing that such land is essentially unimproved except for fencing and public utilities and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and to Owner.

NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. Grant of Open Space Easement. Owner, as grantor, hereby grants an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of Santa Clara, State of California, over the real property described and shown as Exhibit A, (the “Property”), to have and to hold said open space easement for the term and for the purposes and subject to the conditions, covenants, and exceptions described herein.

2. Statutory Authorization. This Agreement and grant of open space easement are made and entered into pursuant to Chapter 6.6 commencing with Section 51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject to all of the provisions of said sections and chapters including any amendments thereto which may hereafter be enacted.

3. Restriction on Use of Property. During the term of this Agreement and the open space easement granted herein, the Property shall not be used for any purpose other than an open space easement and those uses related to or compatible therewith. Owner, for the direct benefit of the Property described herein, hereby declares that the Property shall be subject to restrictive covenants running with the land which shall be binding upon all subsequent grantees. Said restrictive covenants shall be:
a. against the right of Owner to construct any new improvements (existing fencing may remain and be maintained or replaced in accordance with the Los Altos Hills Municipal code and consistent with the provisions of this Agreement) on or within the Property except for public and private utilities (excluding solar panels), paths dedicated to the Town, approved drainage installations, sanitary sewer installations or an approved septic system, and maintenance of these improvements, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the land; and
b. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land; and c. against the grading of land for reasons other than attendant to permitted uses including but not limited to drainage improvements and underground utilities; and
d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, removal of invasive or non-native species and similar measures; and
e. against any plantings other than native vegetation and the existing vineyard which may remain (any expansion shall not encroach into the Open Space Easement); and
f. against the installation of new permanent irrigation lines (existing irrigation for native vegetation and vineyard may remain and be maintained or replaced); and

g. against the erection of structures other than any improvements authorized by Paragraph 3(a) herein.

4. Exceptions. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of the land.

5. Restrictions on Public Use. The public shall not have a right of entry upon the Property. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspection of condition of the Property.

6. Term of Agreement. This open space easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094 or any successor legislation.

7. Successors in Interest. This Agreement and the open space easement shall run with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto do hereby execute this agreement.

OWNER:

Date: _______________, 2022 ______________________________ Nader A. Mousavi, Trustee
TOWN OF LOS ALTOS HILLS:

Date: _______________, 2022 ______________________________ George Tyson, Mayor
ATTEST: __________________________
Deborah L. Padovan, City Clerk

CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On _________________, 2022, before me, _____________________________ , Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description

North: 8748.3378' East:
10020.1908'
Segment #1 : Line
Course: N76° 45' 21"E
Length: 55.95'
North: 8761.1560' East:
10074.6527'
Segment #2 : Line
Course: S02° 39' 03"W
Length: 27.16'
North: 8734.0250' East:
10073.3965'
Segment #3 : Line
Course: S04° 19' 09"W
Length: 48.46'
North: 8685.7027' East:
10069.7469'
Segment #4
Course: S07° 06' 08"W
Length: 16.28'
North: 8669.5476' East:
10067.7340'
Segment #5 : Line
Course: S02° 12' 56"W
Length: 43.27'
North: 8626.3099' East:
10066.0613'
Segment #6 : Line
Course: S02° 27' 33"E
Length: 32.14'
North: 8594.1995' East:
10067.4403'
Segment #7 : Line
Course: S07° 41' 27"W
Length: 43.13'
North: 8551.4575' East:
10061.6683'
Segment #8 : Line
Course: S12° 45' 15"W
Length: 36.73'
North: 8515.6338' East:
10053.5595'
Segment #9 : Line
Course: S20° 33' 47"W
Length: 38.90'
North: 8479.2122' East:
10039.8963'
Segment #10 : Curve
Length: 33.20' Radius:
155.00'
Delta: 12°16'25" Tangent:

16.67'
Chord: 33.14' Course: N88°
27' 43"W
Course In: N04° 35' 55"W
Course Out: S07° 40' 30"W
RP North: 8633.7133' East:
10027.4692'
End North: 8480.1017'
East: 10006.7683'
Segment #11 : Curve
Length: 31.21' Radius:

20.00'
Delta: 89°25'00" Tangent:

19.80'
Chord: 28.14' Course: N37°
37' 00"W
Course In: N07° 40' 30"E
Course Out: N82° 54' 30"W
RP North: 8499.9226' East:
10009.4393'
End North: 8502.3918'
East: 9989.5923'
Segment #12 : Line
Course: N07° 05' 30"E
Length: 247.84'
North: 8748.3358' East:
10020.1899'
Perimeter: 654.28' Area:
16478.83 Sq. Ft.

Error Closure: 0.0022
Course: S23° 25' 46"W
Error North: -0.00199
East: -0.00086
Precision 1: 295972.73

Attachment 2







 











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TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER

INTO AN AGREEMENT WITH FULL CIRCLE CATERING FOR
TOWN PICNIC LUNCHES AND REAPPROPRIATE $20,000 FROM
THE COMMITTEE’S BUDGET TO THE SPECIAL EVENTS
BUDGET
FROM: Sarah Robustelli, Sr. Community Services Supervisor APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Resolution Authorizing the City Manager to enter into an Agreement with Full Circle Catering for Town Picnic lunches and reappropriate $20,000 from the Committee’s budget to the Special Events budget.

BACKGROUND:

The Town Picnic was an event developed by the Community Relations Committee. The inaugural Los Altos Hills Town Picnic took place in 1998 at Purissima Park. At the first Picnic only ice cream was served, and a Santa Clara County Fire Department ladder truck was onsite for public engagement and education.

From 1999 to 2012 the Santa Clara County Fire Fighters Union volunteered their firepits to cook, prepare, and serve BBQ for the cost of the food to the Town. They served hotdogs, chicken, and veggie burgers. Based on the Town Picnic reports provided by the Community Relations Committee as of 2003 there was over 1,000 attendees.

Between 2013 and 2019 the Town contracted with Maverick’s Catering for a similar onsite barbecue menu and servers. In that time the event has grown to up to 2,000 attendees.

In 2020, Town Picnic was cancelled due to COVID-19. In 2021, given continuing pandemic restrictions, a classic car show was held in its place. Since the pandemic, Mavericks stopped catering and given the 2021 event was much smaller the Town opted to go with a catering truck rather than a catering service.

For this year’s picnic there was a shared desire to return to the pre-pandemic format. At the January 25, 2022, Community Relations Committee meeting they discussed elements of the picnic that had long lead times. As an alternative to a traditional catering company, food trucks were discussed, however the Committee was not in favor of this approach. The AGENDA ITEM #9.Q
S.R.

P.P.

Staff Report
Town Picnic Catering
April 21, 2022 Page 2
Committee Chair was planning to connect with Chef Chu and report back at their February meeting.

At the February 22, 2022, Community Relations Committee meeting, the chair received an informal bid from Chef Chu of $35 per person. This cost seemed to be out of scale for the picnic and as a result was not pursued. Having received some ideas and alternatives, staff proceeded with the informal bidding process.

Given state and county restrictions have been lifted and people are starting to feel more comfortable with larger gatherings, staff anticipates approximately 1,500 people rather than 2,000. Bids were based on the reduced crowd size.

The scope of work included a catered barbecue lunch cooked onsite and served buffet style with service. The previous company had the following staff onsite 2 Chefs, 2 Banquet Captains, 12 Servers. The contract was sized to serve 2,000 attendees, but the request for quotes (RFQ) were for 1,500 attendees.

The RFQ Menu included:
• 790 - Smoked Chicken with breast meat
• 750 - Hot Dogs
• 190 - Veggie Burgers or Vegetarian option
• 1500 - Vegetarian Beans
• 1500 - Green Salad with Ranch and Balsamic Vinaigrette Dressing • 790 - Garlic Bread
The Community Relations Committee Proposal for the Town Picnic is highlighted in attachment 2.

DISCUSSION:

Staff contacted six catering companies. Capelo’s Barbecue was not available on the Town Picnic date. Jill Bee Delivers and Zucs BBQ were both unable to provide a quote for an event of this size. Staff received three vendor quotes from Smoking Pig BBQ (attachment 3), Full Circle Catering (attachment 4), and Armadillo Willys (attachment 5).

A table summary is provided below for 1,500 attendees:

Vendor Food Per
Person
Total Cost
Per Person
Food Costs Staff/
Equipment
Rental
Taxes Total
Cost
Smoking Pig
BBQ
$10 $18 $15,000 $10,484 $1,851 $27,353
Full Circle
Catering
$15 $20 $22,125 $4,868 $2,463 $29,456
Armadillo
Willys
$19 $22 $28,500 $1,200 $2,709 $32,409
Previous Vendor
Maverick's $7 $10 $10,875 $2,610 $1,540 $15,025

Staff Report
Town Picnic Catering
April 21, 2022 Page 3
Vendors who submitted proposals were invited to the March 29, 2022, Committee Relation Committee meeting. Staff provided a presentation and each vendor spoke about their background, quote, and answered questions. At that meeting, the Community Relations Committee voted in favor of working with Full Circle Catering, their draft minutes in attachment 6. The Committee was in favor of Full Circle Catering because it directly aids the program and operation of Hunger at Home, which is the parent company that serves as conduit between the business and nonprofit communities to channel excess food and surplus goods to homeless and hungry individuals and families.

It is standard practice, that the Town adjusts the food quantities based on actual RSVPs. Town staff will modify the quantities with Full Circle Catering as the Town Picnic approaches. In attachment 7, find an agreement not to exceed 38,100. This amount takes into consideration if the Town were to receive 2,000 attendees.

Staff also reviewed the proposals and came to a similar conclusion as the Community Relations Committee. Full Circle Catering was the most responsive bid and had a proposal that was demonstrated a willingness and ability to meet the demands of the community and committee.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

Conducting Community Events was identified as one of the Council’s priorities for 2022.

The Town Picnic was highlighted as a key milestone targeted for delivery by Q3 of 2022.

The key outcome is to increase the social capital of the Town.

ENVIRONMENTAL REVIEW:

The proposed project does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the California Environmental Quality Act (CEQA).

FISCAL IMPACT:

The picnic was identified in the 2021/22 FY budget. However, due to inflation we have seen a significant spike in costs. Staff recommends reappropriating an additional $20,000 to the existing $50,000 budget allocated for the annual picnic as part of the overall Special Events budget to cover for the increase of event costs.

ATTACHMENTS

1. Resolution

2. Community Relations Committee Proposed Town Picnic

3. Proposal: Smoking Pig BBQ

4. Proposal: Full Circle Catering Hunger at Home

5. Proposal: Armadillo Willys

6. March 29, 2022, Draft Community Relations Committee Special Meeting Minutes

7. Agreement with Full Circle Catering

Resolution -22 Page 1
RESOLUTION -22

RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH FULL CIRCLE CATERING FOR TOWN PICNIC LUNCHES AND REAPPROPRIATE $20,000 FROM THE COMMITTEE’S BUDGET TO THE

SPECIAL EVENTS BUDGET
WHEREAS, the City Council identified Community Events as a 2022 Council priority and highlighted the Town Picnic as a key milestone; and
WHEREAS, there is a desire to return to the pre-pandemic format of the Town Picnic; and WHEREAS, on the March 29, 2022, Community Relations Committee special meeting, staff presented along with the catering vendors who provided quotes for the June 5,2022 Town Picnic:
and
WHEREAS, the Community Relations Committee and staff came to a similar conclusion that Full Circle Catering was the most responsive bid and had a proposal that was demonstrated a willingness and ability to meet the demands of the community and committee; and WHEREAS, the scope of work includes serving and catering lunch with the menu of chicken, hot dogs, veggie burgers, vegetarian beans, green salad, and garlic bread for 1500-2000 attendees at the Town Picnic on Sunday, June 5th from 12:30-4:00pm at Purissima Park; and WHEREAS, due to the rising costs a reappropriation of $20,000 from the Committee’s budget to the Special Events budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;

1. Resolution Authorizing the City Manager to enter into an Agreement with Full Circle Catering for Town Picnic lunches and reappropriate $20,000 from the Committee’s budget to the Special Events budget.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of April 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
Attachment 1

Resolution -22 Page 2
ATTEST:
______________________________
Deborah Padovan, City Clerk

Attachment 2
March 29, 2022

LOS ALTOS HILLS

COMMUNITY RELATIONS COMMITTEE

PROPOSED TOWN PICNIC
The Community Relations Committee proposes that the twenty-third Town Picnic, quite similar to picnics held the last few years, be held from 12:30 PM to 4:00 PM on Sunday afternoon, June 5, 2022, on Little League Fields 1 and 2 in Los Altos Hills. The picnic would include complete meals of chicken, beef hot dog or vegetarian burgers prepared by a concessionaire, ice cream for dessert, soft drinks, beer and wine, a band or disc jockey for musical entertainment, several games similar to those at the Town Picnic in past years, a magician or other entertainment selected by the Committee, tables/booths with information about Town committees and community organizations, a classic car show, and other attractions that the Committee may arrange. The Town Picnic is an immensely popular event, with attendance generally increasing each year since the annual picnic began in 1998 to between 1,600 and 2,000 Town residents and staff in the last several years.

Planning for the picnic will draw heavily on past Town Picnic reports that serve as a reference for organizing a picnic. These reports include recommendations for future picnics, reports from key subcommittee chairs, a checklist of all significant tasks to put on the picnic, and past registration and attendance information which is important for estimating food, dessert and beverage orders. Planning will also draw heavily on responses from seventy-seven (77) Town residents who responded to the survey as requested in the December, 2019 issue of “Our Town.” In these survey responses, there were many comments that the band was too loud, that lots of residents would like the return of the pig races and/or magician, that there were not enough attractions for older kids, and that more seating should be provided.

In recent years, Town staff members have played an increasing role in the organization of the Town Picnic. The Committee is coordinating with Town staff to set forth the best division of labor between Committee and staff and to complete a detailed checklist of picnic tasks and who will be responsible for them.

The Committee proposes that there be no charge for attendance at the Town Picnic, and that, as last year, residency be strictly checked and enforced so that only Los Altos Hills residents and Town staff are given meal tickets. The Committee proposes that, as in past years, there be no commercialism at the event (no booths or tables by any commercial enterprise), there be no items for sale at the picnic, and that there be no active solicitation of donations at the picnic – so that the afternoon is entirely free to Los Altos Hills residents and Town staff.

The budget of $65,000 in this proposal is for the proposed Town Picnic assuming a Covid-reduced attendance of approximately 1,500 residents and Town staff. The Committee requests that Council recognize there has been much inflation since the last Town Picnic and that the very cost-effective concessionaire from past Picnics is no longer in business, and approve this budget and authorize expenditure of the funds. For comparison purposes, the Councilapproved picnic budget for the last Town Picnic in 2019 was $50,000, and actual expenditures were approximately $48,112.

Smoking Pig BBQ Company, LLC
3340 Mowry Avenue & 1144 N. Fourth Street
Fremont & San Jose CA
Phone: 408.288.5688
www.smokingpigbbq.net
[email protected]
Proposal of Service
Sarah Robustelli
Town of Los Altos Hills
Prepared For: Event Date: 6/5/2022 - Sunday
Address: 26379 Fremont Road
Los Altos Hills, CA 94022
Phone: Work: 650-947-2518
Fax: 650-941-3160
Email: [email protected]
Proposal #: 6931 Guest Count: 1500
Service Style: Cook Onsite w/ Buffet Service Occasion: Picnic Salesperson:

Venue: Purissima Park
27400 Purissima Road
Los Altos Hills, CA 94022
Last Change: 3/27/2022
Timeline: 10:00 AM Setup Time
12:00 PM Event Start
3:00 PM Service End
4:00 PM Event End
3 Single Sided Buffet
This Menu Includes All BBQ Sauces
This Menu Includes All Plastic ware, plates, napkins & Serving Utensils Sides
Garlic Bread
790 servings
gluten, dairy
Veggie BBQ Beans
1500 servings
veggie, gluten free, dairy free
Green Salad
1500 servings
Romaine Lettuce, with vegetable garnish, home made croutons.

Served with our home made ranch dressing and soy-sesame oil dressing.

Entreé
Printed Date: 3/27/2022 3of1Page
esign_initials_1
Attachment 3

Veggie Burger
190 veggie burgers
gluten, dairy, soy, egg
Hot Dog
750 Hot Dogs
Smoked Chicken Breast
790 Serving
Misc. Items
Utensil Set
Plates 9" Paper
Napkins
Serving Spoons
Serving Tongs
Sauces
Classic Original BBQ Sauce
Kansas City Hot BBQ Sauce
Food
Qty Description Unit Price Total
1,500 3 Single Sided Buffet $10.00 $15,000.00
Food Subtotal $15,000.00
Rental
Qty Description Unit Price Total
12 Each 6' Table $12.00 Each $144.00
12 Each 90x132 Linen $19.20 Each $230.40
Rental Subtotal $374.40
Staffing
Qty Description Unit Price Total
2 Banquet Captain $45.00 8 hrs $720.00
12 Buffet Server $40.00 8 hrs $3,840.00
2 Cook $40.00 8 hrs $640.00
Staffing Subtotal $5,200.00
Charges: $20,574.40
20% Service Charge: $4,114.88
Onsite Cooking with Delivery: $795.00
Printed Date: 3/27/2022 Event #: 6931 3of2Page
esign_initials_2
Attachment 3

Subtotal: $25,484.28

9.125% Sales Tax: $1,850.94
Post-Tax Subtotal: $27,335.22
Payments: $0.00
Balance Due: $27,335.22
50% Deposit Amount: $13,667.61
Final Balance Due: 6/5/2022
Prices in this Proposal are valid for 30 days from the date of this document.

Please review all Quote Details (Date, Time. Contacts, Location, and Menu Items), and email or call back any changes necessary.

Booking and Payments:

Reservations are booked on first come-first served basis based upon receipt of deposit. Absent a deposit, we cannot guarantee the event date or time. Priority is determined by deposit receipt. Please keep this in mind when finalizing your plans with us! This allows for better planning and preparation for everyone. Thank you.

We accept payment of Cash, Cashier Check, Credit Card (Visa, Master, Discover, AMX).

For checks, please make check to "Smoking Pig BBQ Company". Please mail check to:

Smoking Pig BBQ Company
Attn: Catering Manager
3340 Mowry Ave
Fremont, CA 94538
Final Headcount & Menu changes can always be accommodated 1 wk. prior to the Event Date. Count changes with less than 7 days notice, can be accepted for increase qty only (min 48 HRS notice). Any alteration or deviation from confirmed quote will be executed only upon written orders (email). Changes affecting quoted costs, will become an extra charge over and above this quotation.

Printed Date: 3/27/2022 Event #: 6931 3of3Page
esign_initials_3
Attachment 3

23rd Annual Los Altos Hills Town Picnic
Sunday 6‐5‐2022
1500PP
12:30‐4PM
Picnic Package per person   Qty Cost Total
1500 14.75$    $             22,125.00
Package includes:

Buffet Food per your request for 1500
Service Fee, Set‐up/Breakdown & Staff
Equipment Rental
Service Fee 22% $               4,867.50
Tax 9.125 Los Altos Sales Tax rate   $               2,463.07 Total $            29,455.57
Full Circle Catering
Estimate
Attachment 4

Contact Name:

Company:

Address:

On Site Contact:

Phone:

Event Type:

Alt Phone:

Email:

Onsite
[email protected]
Sarah Robustelli 650-947-2518
Town of Los Altos Hills

TO BE ANNOUNCED
Sarah Robustelli
City,
State/Province,
Zip/Postal
0020-01996
1031 N. San Antonio Rd

LOS ALTOS EVENT FUNCTION
Los Altos, CA 94022
650.941.2922
650.941.2925
(P)
(F) 650.948.1557 (F)
650.469.1291 (P)
[email protected]
Julie Ford
Booking Date: 03-18-2022
Catering Manager
Event Number:

Event Date(s) Start/End Time Location Guests
Sun, June 5, 2022 12:00PM - 4:00PM TBA 1500 (inq)

MENU PRICING
BBQ Express
One Meat and Three Sides ($19.00 x 1540) $29,260.00
Meat Choice
Hot Dogs (750)
Lone Star BBQ Chicken (790)
Side Choice
Garlic Bread
Mixed Green Salad with Balsamic Vinagrette
Pinto Beans
Vegetarian
One Meat and Three Sides- ($19.00 x 190) $3,610.00
Meat Choice
Boca Burger with Buns and Condiments
Side Choice
Fresh Baked Corn Muffins and Cinnamon Honey Butter
Mixed Green Salad with Balsamic Vinagrette
Pinto Beans
Vegetarian
THIS WOULD BE OUR "EXPRESS CATERING" OPTION AND 4 EMPLOYEES STAYING TO SERVE THE FOOD AND MAINTAIN THERE AREA - WE BRING ALL

THE FOOD ITEMS IN FULL SIZE ALLUMINUM PANS (KEEPING THE FOOD HOT/COLD IN OUR CAMBRO'S AND RESTOCKING AS NEEDED) PLATES,

NAPKINS, EATING AND SERVING UTENSILS, WIPES, BBQ SAUCE AND A RED AND WHITE PLASTIC TABLE CLOTH TO PUT ON YOUR TABLE THAT THE FOOD WILL BE SET UP THEN OUR EMPLOYEES WILL STAY FOR 4 HOURS(OR SEVING TIME) AND THEN CLEAN UP THEIR AREA AND LEAVE.

Notes
ADDITIONAL SERVICES $1,200.00
Driver / Serving (4 x $300.00) The pricing would be for 4 worker / per hour for 4 hours [taxable] $1,200.00 Report Generator: Compeat - www.compeat.com (v.15487) Page 1 of 2 21 Report Generated on 3/21/2022 11:14 AM (PST) Attachment 5

Sub Total
$0.00
$0.00
Food
$0.00
Gratuity
Payment Received
$32,870.00
($0.00)
TOTAL
Room Minimum
*
$1,200.00
($0.00)

9.12%
Additional Services

SUMMARY
Sales Tax
*

BALANCE DUE
$3,108.89
$37,178.89
Deposit(s) Received

0.00%
Beverage
$37,178.89
$
$34,070.00
* denotes item is included in Room Minimum calculation.

0.00% Additional Tax $0.00

EVENT CONFIRMATION
Date: 6/5/2022

DEPOSIT DUE
X
Guest Signature Date
X

DISCLAIMER
Total amount of event due and payable upon pick up. No personal check will be accepted. Payment for deliveries is due prior to event.

Driver will not be permitted to accept payment.

Armadillo Willy's will provide the above referenced food and beverages. This price includes disposable plates, plastic table cloth for under the food, utensils, delivery and set up of a self service buffet, unless otherwise stated. We do not provide tables. You may adjust your contract up to 72 hours before your scheduled event or by noon on Wednesday before a weekend event. In case of cancellation with less than 72 hours notice (or by noon on Wednesday before a weekend job), I understand that I may be responsible for a charge equal to 50% of the total contract price. Also keep in mind that during normal kitchen operations involving shared cooking and preparation areas, including common fryer oil, the possibility exists for food items to come in contact with other food products. Due to this we are unable to guarantee that any menu item can be completely free of allergens.

Guest Signature: ____________________________________ Date: ______________________

ADDENDUM
Your credit card will be charged the morning of your event. Payment is due before food is delivered and no payments will be collected by the driver. If you choose to leave gratuity, (which is not expected but appreciated) we can include it in the total before delivery or it will run the next day and will show as a separate charge on your statement. Thank you again for your order and support.

Contact: Sarah Robustelli Event Date: Sun, June 5, 2022 Report Generator: Compeat - www.compeat.com (v.15487) Page 2 of 2 22 Report Generated on 3/21/2022 11:14 AM (PST) Attachment 5

From:

To: Deborah Padovan; Sarah Robustelli
Subject: Fwd: CRC Vote
Date: Friday, April 15, 2022 9:33:23 AM
Here is the voice to speech conversion before editing.

Regards,
Lew
Lew Jamison
---------- Forwarded message ---------
From: Jamison, Lew
Date: Fri, Apr 15, 2022 at 9:29 AM
Subject: CRC Vote
To: Lew Jamison (via Google Docs)
I make a motion to, to project full circle catering, or picnic. Hungry? Well, they're called Full Circle cater. That's hungered home. Yeah.

Unknown Speaker 1:09:55
I'll second. I'll second the motion. All right.

Unknown Speaker 1:09:59
So How many are in favor? Raise your hands please.

Unknown Speaker 1:10:08
Do you mind just doing a roll call vote so I can't
Unknown Speaker 1:10:11
I scream this up
Unknown Speaker 1:10:13
Attachment 6

low. Yeah, roll call vote probably is better. You're right. So, Karen, Unknown Speaker 1:10:20
yes.

Unknown Speaker 1:10:23
We know Kevin's Yes. April's Yes. Roy. house. Hey, Roy's Yes, Maddie? Yes. Okay. That is yes. Rajiv? Yes. Rajiv is yes. And I'm Yes. So the motion is carried

Attachment 7

Attachment 7

Attachment 7

Attachment 7

Attachment 7

Attachment 7

1 TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A SITE PLAN DESIGN FOR THE

DEDICATED ART SCULPTURE IN THE ROUNDABOUT OF THE TOWN

HALL PARKING LOT AND AUTHORIZING THE CITY MANAGER TO

ENGAGE WITH A CONTRACTOR FOR RELATED INSTALLATION
WORK NOT TO EXCEED $60,000
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:

Adopt the attached resolution approving a site plan design for the dedicated art sculpture in the roundabout of the Town Hall parking lot, appropriating $60,000 from the unreserved general fund for the related installation work, and authorizing the City Manager to engage with a contractor not to exceed $60,000.

BACKGROUND:

On January 16, 2020, the City Council adopted resolution 02-20 which accepted a donation of $100,000 from Karen Druker (Attachment 2). The donation was restricted to the acquisition of a sculpture in public spaces in Town. The donation complied with the Town’s Donation Policy.

Following that meeting, on May 21, 2020, the City Council received a presentation from the Public Art Committee for the acquisition of a custom metal sculpture from Roger White Stoller of Stoller Studio, Inc (Attachment 3). The proposal complied with the Town’s Art in Public Places Policy, and the City Council carried a motion 5-0 to approve of the Committee’s request for the sculpture.

On July 30, 2020, the Town entered into an agreement with Stoller Studio, Inc. for a stainless steel sculpture (Attachment 4). The agreement was for $100,000 and covered the fabrication of the sculpture, transportation from the studio to Town, and installation oversight by the artist. Karen Druker’s donation covered the scope of work outlined in the agreement with the artist. However, the agreement did not include site design and construction work for the installation of the sculpture.

This portion of the project and the related expenses would be covered separately from the Town’s unreserved general fund.

Currently, the sculpture is tentatively scheduled to be delivered to the Town in June of 2022. This staff report describes the work that needs to be completed on site prior to the installation of the art piece. Should construction work not be completed prior to the delivery date, the Town has arranged for space at the Corp Yard for storage until the site is ready.

AGENDA ITEM #9.R
C.E.

P.P.

Staff Report to City Council Page 2
Art Sculpture Installation
April 21, 2022
2 DISCUSSION:

Since the signing of the contract in July of 2020, the artist and Town staff have stayed in communication with one another regarding elements of design, the status of the fabrication process, and estimated delivery.

Around the same time, the Town was having discussion about remodel work to Town Hall.

Specifically, Phase II proposed restructuring the parking lot to accommodate new features of the building. It was at this point in the Town Hall remodel design process that Town staff suggested the roundabout of the Town Hall parking lot as a good location for the sculpture.

The proposal to install the sculpture in the roundabout has been discussed by the Public Art Committee several times at their regular monthly meetings and has always received strong support -- most recently at their April 11, 2022 meeting (Attachment 5). All members present supported the proposed location.

Under contracts for Phase II of the Town Hall Remodel project, an architect, Noll and Tam, and landscape architect, Thomas Klope, put together plans for the art sculpture to be installed in the parking lot at Town Hall. The proposal includes a crush stone path around the sculpture centered in the middle of the roundabout, vegetation, and a semi-circle concrete seat wall to match the existing donor wall at Town Hall (Attachment 6).

Staff had planned to seek City Council approval for this design within the approval for the Phase II remodel, but since work on Phase II stopped, staff has come back to Council with a standalone project for the sculpture given that the sculpture is getting close to delivery.

Should the City Council approve of the roundabout for the site location, Town staff will acquire all necessary permits for the installation of the sculpture and engage with a contractor for related work.

ENVIRONMENTAL REVIEW:

Installation of the art sculpture is categorically exempt from an environmental review based on CEQA Section 15303(e) – New Construction or Conversion of Small Structures. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

Installation of the art sculpture was not identified as a priority for 2022, however it was identified as one of the Public Art Committee’s goals for the 2022 year.

The bandwidth needed from staff moving forward is minimal. Should the Council approve the design, staff will finalize an agreement with a contractor for the construction of the installation and oversee the process on site.

Staff Report to City Council Page 3
Art Sculpture Installation
April 21, 2022
3 FISCAL IMPACT:

As mentioned above, the majority of the design work and billing for this project has been previously completed under the agreements for Phase II of the Town Hall remodel project.

Construction costs for the installation of the sculpture remains the last expense in this project.

Attachment 7 is an estimated cost breakdown for the installation of the sculpture. Using estimates from landscape contractors, staff predicts that the cost of installing the sculpture to be around $51,808.

The Town’s Municipal Code does not specify any procurement procedure for projects under $60,000. Projects in this price range may be performed by force account, negotiated contract, or purchase order, with approval from the City Council for any amount over the City Manager’s signing authority ($25,000).

Staff recommends that the City Council appropriate $60,000 from the unreserved general fund for the construction of this project and authorize the City Manager to engage in a contract with contractor for the related work.

ATTACHMENTS:

1. Proposed Resolution

2. Resolution 02-20 accepting $100,000 donation

3. Public Art Committee Presentation – May 21, 2020

4. Agreement with Stoller Studio for the Art Sculpture

5. Recommendations from the April 11, 2022 Public Art Committee Meeting

6. Site Plan Designs for Art Sculpture

7. Estimated Costs for Installation of the Sculpture

Resolution __ -22 Page 1
RESOLUTION __ -22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS

ALTOS HILLS APPROVING A SITE PLAN DESIGN FOR THE

DEDICATED ART SCULPTURE IN THE ROUNDABOUT OF THE

TOWN HALL PARKING LOT AND AUTHORIZING THE CITY

MANAGER TO ENGAGE WITH A CONTRACTOR FOR RELATED
INSTALLATION WORK NOT TO EXCEED $60,000
WHEREAS, on January 16, 2020, the City Council adopted resolution 02-20 which accepted a donation of $100,00 from Karen Druker. The donation was restricted to the acquisition of a sculpture in public spaces in Town; and
WHEREAS, on July 30, 2020, the Town entered into an agreement with Stoller Studio, Inc. for a stainless steel sculpture which covered fabrication, transportation, and installation oversight by the artist; however, the agreement did not include site design and construction work for the installation of the sculpture; and
WHEREAS, staff recommends that the sculpture be installed in the roundabout of the Town Hall parking lot. This location has received support from the Town’s Public Art Committee; and WHEREAS, using estimates from landscape contractors, staff predicts that the cost of installing the sculpture to be around $51,808.00.

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby approves of a site plan design for the dedicated art sculpture in the roundabout of the Town Hall parking lot, appropriates $60,000 from the unreserved general fund for the related installation work, and authorizes the City Manager to engage with a contractor not to exceed $60,000 for the related work.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

George Tyson, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1

Attachment 2

Town of Los Altos Hills
Public Art Application
Prepared by David Milgram, Chair, Los Altos Hills, Public Art Committee Date: May 13, 2020
Project Name Hills Helix (Working Title)
Proposed Location/Address TBA (PAC proposed site is on Town Hall Campus in front the History House)
Proposed/to be Donated by
LAH Public Art Committee based on funds received from Karen Druker in January 2020 Phone __________________________ Email ________________________ Address ________________________ City _______________________ Zip Reason for application
To receive City Council approval to enter into contract with the Artist to acquire the Artwork to be installed at the selected site.

Artist Name Roger White Stoller of Stoller Studio, Inc.

Phone (650) 854-4162 Email [email protected]
Address 394 B Umbarger Road
City San Jose, CA Zip 95111
Description of Artwork (Include finish and color)
A stainless brushed steel conic shape opening to reveal a rich texture of lace-like iconography related to the environs, culture, history and values of LAH.

Approximate Weight TBD
Approximate Dimensions
Base Mounting Height: 0’-3’; Artwork Height: 10’-12’; Total Height: 10’-15’ System for Mounting of Displaying Artwork
Attachment 3

Artwork mounts to a steel fixture bolted to a reinforced poured concrete base.

Maintenance, Mounting or Display Requirements
Marine steel artwork structure requires no maintenance. Artwork requires a mounting base of poured reinforced concrete ~3’ deep by ~5’ round. Modest lighting for dusk/early evening is needed to highlight the lace-like iconography. Landscaping proposed to enable 360° walk-around viewing and bench viewing. Signage to offer insight into LAH iconography.

Approximate Value: $ 100,000; Approximate Annual Maintenance Costs: < $ 500 Application is for PURCHASE (circle one) donation loan Term of Loan _____ years/months
Please attach
• Photo, plans, model or other representation of proposed artwork Concept Form
• Artist biography: https://www.stollerstudio.com/bios/roger-white-stoller/ • Signage proposed for the artwork, including size, lettering and material: TBD Art in Public Places Policy Page 5 Approved by City Council on June 20, 2013 and revised February 20, 2014 2075381.1

PAC 1
Application for Approval of
Proposed Public Art Acquisition
David Milgram
LAH Public Art Committee
May, 2020

PAC 2
Purpose
● Gain CC approval to proceed with the
acquisition of an artwork for installation in aprominent Town location. ● In accordance with Application Requirements
under the “Art in Public Places” Policy

PAC 3
The Artwork
A custom metal sculpture in the shape of a helical cone incised with detail evoking iconic references to Los Altos Hills. Subtle illumination enables viewing into early evening.Artist is Roger Stoller of Stoller Studio, San JoseHeight: 10’-12’; Width/Depth: 4’-5.5’Timeline: Twelve to fourteen months from contract start to installation.

Image of Stoller Piece
Format Concept

PAC 4
The ArtWork Will Reflect Our Community and
Values
● Helical form suggests “Growth” and
“Innovation”
● Overall “Lacework” pattern invokes the
form and elegance of the Oak Tree
● Additional LAH iconographic references
as contributed through a community“Art-Awareness” event

PAC 5
PAC Site Recommendation
● In front of History House facing Fremont
and the sidewalk
● Approximately 15’x15’ ground area to
enable close viewing from all sides.
● Proximate to Town Center● No safety hazard to passersby, motorists. Modest early evening lighting.
● Site suggested by LAH Planning
Commissioner, with advice from CityManager and Public Works Director Installation along side of History
House facing Fremont Avenue

PAC 6
Site Concept
Metal Sculpture on Base
Gravel Path
Fremont Avenue
LAH Property Fence
History Orchard
House
Xmit
Tower
Ex.Tree
Ex.Tree

PAC 7
Alternative Installation Sites Considered 2- Edith Park - This site has therequisite expanse and viewability butits proximity to downtown Los Altos andremoteness from LAH Town Halllessens the artwork’s narrative power.3- Old Snakey - This site is the face ofa hill which would defeat the artwork’s360 degree viewability.

View of Edith Park Site
View of Old Snakey Site

PAC 8
Anticipated CostsArtwork - NTE $100K
● Design, Production, Delivery, Installation on Base
Site Prep - TBD (~15K-20K)
● Area Cleanup and Site Clearance● Gravel Pathway & Bench● Reinforced Concrete Base● Twilight/Evening Illumination Wiring and HW● Landscaping for Base● Signage Maintenance costs – Sculpture requires no regular maintenance; minor site maintenance

PAC 9
Requested CC ActionApproval of the following:
● To enter into a contract with the Artist, Roger Stoller of Stoller Studio, San Jose, for the design, building and emplacement of a custom sculpture. ● To perform the staff analysis of the suitability of the proposed site for eventual preparation and installation.
● To designate funding for the contractual effort from the $100,000 donation received from Karen Druker in January 2020.

PAC 10
Thank You

AGREEMENT
THIS AGREEMENT is made and entered into on the 30 day of July, 2020 by and between the TOWN OF LOS ALTOS HILLS ( hereinafter referred to as " TOWN") and Stoller Studio, Inc. ( hereinafter referred to as " CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows:

1. CONTRACTOR. Shall provide or furnish the following specified services and/ or materials:

Hill Helix sculpture of 316L stainless steel and engineered foundation as shown in Proposal from CONTRACTOR, titled Hill Helix dated 1/ 2020. Also included will be Design Only of the sculpture site and lighting of sculpture.

2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement:

Proposal from CONTRACTOR, titled Hill Helix dated January 2020

3. TERMS. The services and/ or materials furnished under this Agreement shall commence upon signature of this Agreement by both parties and the first payment received by CONTRACTOR due upon signing, and shall be completed 20 months from the signing date of this agreement, unless terminated pursuant to Section 5(f).

4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed one -hundred thousand dollars and zero cents ($ 100, 000. 00) as listed below in 4d, within thirty ( 30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/ completion of goods/ services in a manner consistent with professional/ industry standards for the area in which CONTRACTOR operates.

TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR' s costs or expenses to deliver any services/ goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/ employees/ agents/ subcontractors to ensure delivery of goods/ services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/ services.
d. Method of Payment. Upon completion of each task set forth below CONTRACTOR shall invoice TOWN, stating completion of the task and the amount due. TOWN, Attachment 4

upon approving the invoice, shall remit payment to CONTRACTOR in accordance with the following schedule:

THE CONTRACTOR SHALL BE PAID AS FOLLOWS:

Installment 1: 25% or $25,000 Upon signing of Agreement Installment 2: 25% or $25,000 Upon receipt and approval of final design drawings for the sculpture and engineering drawings for the foundation.

Installment 3: 25% or $25, 000 Upon 50% completion of
fabrication.

Installment 4: 20% or $20, 000 Upon completion of fabrication, acceptance of the sculpture, and delivery to the TOWN.

Installment 5: 5% or $5, 000 Upon completion of installation of the sculpture on Town property

5. COPYRIGHT & OWNERSHIP: Copyright will remain with the CONTRACTOR [ AKA:

Artist] throughout the life of the sculpture. Upon official acceptance by the TOWN and full payment of Installment 4 to the CONTRACTOR as provided herein, ownership is transferred from the CONTRACTOR to the TOWN. The CONTRACTOR hereby covenants that they will neither make nor allow to be made any reproduction, replica or likeness of the work without written permission from the TOWN. TOWN will be allowed to make any likeness of the work for exhibition, education or promotion of the TOWN without restriction. All other uses require written agreement from the CONTRACTOR. TOWN will not be responsible for monitoring nor enforcing any copyright infringement by a third party.

6. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury ( including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR' S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows:

WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.

1, 000,000. 00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and
premises/ operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two ( 2) times the occurrence limit.
iii. AUTOMOBILE INSURANCE: $ 1, 000, 000. 00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $ 1, 000, 000. 00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording " endeavor to" or " but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name " The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
c. NON- DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer- employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties.

TERMINATION. This Agreement may be terminated by TOWN upon seven ( 7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a " work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, nonexclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits.

7. INVOICING. Send all invoices to the contract coordinator at the address below.

This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above.

CONTRACT COORDINATOR and
representative for TOWN:

Carl Cahill, City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
CONTRACTOR:

By: 7/ 30/ 2020
Seature Date
Roger W. Stoller, Owner
Print name, Title
TOWN OF LOS ALTOS HILLS:

By: (,) o, 713()/? -Q0
Carl Cahill, City Manager ate

BUDGET ESTIMATE:

Preliminary ARTWORK
Client: City of Los Altos Hills
PROJECT BUDGET: May 2020

SCOPE OF WORK
rev. 2
Studio: Activity/ Labor
project management
design: original pattern; helical form
engineering
fabrication & CAD
1 1' h Hill Helix
s t o I I e r
I
s t u d i o
8, 880
9, 400
2, 400
16, 960
finishing 2, 500
installation 2, 800
Labor Sub Total 42, 940
shipping: Oakland, San Jose, Los Altos Hills
Consultants/ Materials/ Expenses
Sub Total 51, 700
contingency
materials: baseplate, hardware, etc 3, 000
outside fabrication: bending, laser cutting, 29, 000
materials: stainless steel sheet
engineering sub - contractor 8, 500
legal 1, 500
insurance 1, 500
tools 600
supplies 1, 500
equip. rental: crane, etc. 3, 000
travel [ Studio installation crew] 600
shipping: Oakland, San Jose, Los Altos Hills 2, 500
Sub Total 51, 700
contingency 5,360
Total 100, 000
198 Lucero Way • Portola Valley • CA • 94028 • roger@stollerstudio. com • tel 650 854 4162 • www. stollerstudio. com

From: David Milgram
To: Cody Einfalt
Cc: Roger Stoller; Thomas Klope; Dora Pollak
Subject: Public Art Committee Responses
Date: Tuesday, April 12, 2022 4:42:24 PM
Cody,
Here are several recommendations and follow up tasks arising from the PAC meeting last night.

1. The PAC last night considered the three architectural options proposed for the sculpture site. It voted to recommend Option #2, since that option results in a complete, attractive setting for the sculpture that accommodates any future improvement plans for the parking lot and Town Hall.

2. Dora's ground level rendering of that option shows the wall face tiled with the same kind of ceramic tiles that decorate the wall along the walkway to Town Hall Offices. The PAC discussed that decoration option and uniformly felt that ceramic tiles adorned with random designs and colors would conflict with the sculpture both visually and artistically. The PAC would prefer that the wall's exterior face remain unadorned to serve as a backdrop for groups of selected plants.

3. A discussion of the signage led to a decision to recommend a simple design. Members of the PAC will forward descriptive information including suggested designs, vendors and costs. The sign content would include limited information related to the artwork (e.g., title, sculptor, donor, date) as well as a QR code leading interested visitors to significant online detail.)

4. In order to provide access to online content, the PAC will need the assistance of the CIty staff member responsible for IT. Can you put me in touch with the responsible individual? Ultimately, we will need to:

1. Construct a QR code that opens to a file structure resident with the Town's data server.

2. Set up a file structure that accommodates the text and AV files containing the content to be offered at the Sculpture site.

3. Ensure maintainability, security and safety of the sculpture information site.

Thanks for your assistance.

David
Attachment 5

Attachment 6

Los Altos Hills Town Hall Sculpture Island

SEATWALL, GRAVEL PATHS, IRRIGATION AND PLANTING
DEMOLITION $3,200.00
SCULPTURE FOOTING $8,000.00
NEW CURB AT WALK $1,600.00
GRADING $1,200.00
DRAINAGE $1,200.00
SEAT WALL $18,000.00
GRAVEL PATHS $6,000.00
IRRIGATION $1,400.00
PLANTING $1,800.00
LIGHTING $2,400.00
BARK MULCH $250.00
TOTAL: $45,050.00
PLUS 15% CONTINGENCY: $6,758.00
ESTIMATE TOTAL: $51,808.00
Attachment 7

AGENDA ITEM #9.S
Distributed 4/21/22

1 TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION APPROPRIATING $45,000 FROM THE UNRESERVED GENERAL FUND FOR A SUPPLEMENTAL DEPUTY OF THE SHERIFF’S

OFFICE TO WORK DURING PEAKS HOURS OF THE DAY FOR THE
REMAINDER OF THE 2021-22 FISCAL YEAR
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:

Adopt the attached resolution appropriating $45,000 from the unreserved general fund for a supplemental Deputy of the Sheriff’s Office during peak hours of the day for the remainder of the 2021-22 fiscal year.

BACKGROUND:

On July 1, 2014 the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services (Attachment 2). The term of the agreement was set for ten (10) years and will expire on July 1, 2024. The contract with the Sheriff is scalable, in the sense that supplemental law enforcement resources can be made available to the Town upon request, or through a determination made in real time by the Office of the Sheriff in response to an in-progress emergency.

Recently, in the past two months the Town of Los Altos Hills has experienced an uptick in residential burglaries as compared to last year. In January and February of 2022, there have been a total of 11 incidents reported, more than past years for the same time frame.

Criminals are focusing on affluent communities throughout the State of California. They are determined burglars, which is why the Sheriff’s Office is working with local, state, and federal law enforcement agencies with the aim of identifying and arresting these individuals. 0 2
4 6
8 10
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
January February
AGENDA ITEM #10.A
C.E.

P.P.

Staff Report to City Council Page 2
Supplemental Deputy
April 21, 2022
2 In response to the uptick, at the March 17, 2021 City Council meeting, the Council extended the use of the Automatic License Plate Readers (ALPRs) system past the program’s 60-day pilot period. The approved use of the ALPR system shows a commitment by the Town to assist the Office of the Sheriff and protect residents from these criminals.

DISCUSSION:

Should the Council wish to further assist the Office of the Sheriff in protecting residents, the Council can authorize additional funds for supplemental law enforcement resources through the remaining months of the current fiscal year. Specifically, the Town may request for a supplemental Deputy to work overtime hours during the late evening. According to the Sheriff, the late evening hours are when many of the residential burglaries are occurring.

Town staff spoke with Captain Urena of the Office of the Sheriff to understand the best way for the Town to finance supplemental law enforcement resources in response to the increased crime trend.

Captain Urena recommends that instead of funding an additional dedicated full-time Deputy, a better option would be to provide funding for supplemental overtime hours. The difference being that a dedicated full-time Deputy would include overhead expenses, whereas overtime rates only compensate the Deputy in the field. Using an overtime hours allowance, the Office of the Sheriff could apply supplemental hours as they see best fit throughout the remaining nights of the current fiscal year.

Specifically, the recommendation is to staff an additional Deputy on overtime hours five days a week from 5pm to midnight (7 hours a day) and not pay for a fully funded deputy position.

ENVIRONMENTAL REVIEW:

The proposed plan for supplemental law enforcement services is exempt from California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

This proposal for supplemental law enforcement services assists the Council in meeting its policy goal related to maintaining a high level of public safety in Town.

FISCAL IMPACT:

Attachment 3 is a worksheet from the Office of the Sheriff that details the fiscal impact for supplemental law enforcement services payable through overtime hours from April 25th through June 30th (the end of the fiscal year).

The nighttime overtime rate is $126.9 per hour, meaning each night overtime shift would cost $888. The total expense from April 25th through June 30th is $43,530. To allow for contingency, staff has rounded this number to $45,000.

Staff Report to City Council Page 3
Supplemental Deputy
April 21, 2022
3 Town staff analyzed the current allocated budget for law enforcement services in FY 2021-22 and found that under current projections for monthly billing through the end of the fiscal year, there would be little-to-no remaining funds to pay for this supplemental service. Meaning, should the Council support the plan to staff an addition Deputy in Town during the evening hours, an appropriation of $45,000 would be needed to cover the expense for the current fiscal year.

ATTACHMENTS:

1. Resolution

2. 2014 Sheriff’s Contract

3. Additional Deputy Expenses Worksheet

Resolution __ -22 Page 1
RESOLUTION __ -22

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS APPROPRIATING $45,000 FROM THE UNRESERVED

GENERAL FUND FOR A SUPPLEMENTAL DEPUTY OF THE
SHERIFF’S OFFICE TO WORK DURING PEAKS HOURS OF THE DAY
FOR THE REMAINDER OF THE 2021-22 FISCAL YEAR
WHEREAS, on July 1, 2014 the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services; and WHEREAS, recently in the past two months the Town of Los Altos Hills has experienced an uptick in residential burglaries as compared to last year. In January and February of 2022, there have been a total of 11 incidents reported, more than past years for the same time frame; and WHEREAS, the City Council of Los Altos Hills wishes to further assist the Office of the Sheriff in protecting residents by authorizing additional funds for supplemental law enforcement resources through the remaining months of the current fiscal year; and WHEREAS, instead of funding an additional dedicated full-time Deputy, a better option would be to provide funding for supplemental overtime hours, specifically five days a week from 5pm to midnight (7 hours a day).

NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby appropriates $45,000 from the unreserved general fund for a supplemental Deputy of the Sheriff’s Office during peak hours of the day for the remainder of the 2021-22 fiscal year.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

George Tyson, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1

LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as " County," and the Town of Los Altos Hills, hereinafter referred to as Town."
WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, Town is primarily responsible for providing law enforcement services within Town limits and is desirous of contracting with the County for the rendition of such services; and
WHEREAS, County and Town desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore;
NOW, THEREFORE, the parties hereto agree as follow:

I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services

1. Within the corporate limits of Town, County shall provide police protection through its Sheriff's Office as may be required by Town and as within the capability of the Sheriff to provide. Services to be performed under this section ( A)( 1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached.

2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff.

3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section ( A)( 1), the Sheriff or his/her designee shall meet with the representative( s) of Town to review the manner ofperformance of such services.

B. Supplemental Services

1. Within the corporate limits of Town, County shall, through its Sheriffs Office, provide supplemental services as requested by the Town. The cost of such services shall be at the rate set forth in Exhibit A. Services to be 7 Z --4D3 DMUCCATH 0RXQ10L JUN 2 4 20%1.

Attachment 2

performed under this section ( 13)( 1) shall be provided exclusively within the Town limits of Town except in an emergency. These services may include, if requested by Town, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide.

2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of Town.

3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the Town prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty ( 60) days written notice by either party. Town may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services.

4. Regional assets shall provide services to Town on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol.

C. Supplemental Reserve Services
These services are provided by reserve sheriff' s deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by Town and approved by the Sheriff' s Office.

D. Plan for Service

1. Prior to March 1" of each contract year, Town shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. IfTown fails to request a specific level of service of the coming fiscal year not less than thirty ( 30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thirty (30) days.

2. Prior to March 15th of each contract year, Town and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year.

E. Assignment and Transfer Policy
Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to Town for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.

Special Assignment personnel ( e. g. SRO) shall be assigned to Town for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.

F. Designation of Chief of Police
If Town shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits Town from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 ofthe California Government Code ( sections 36501, et seq.). However, this shall not affect the authority ofthe Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement.

G. Disaster Contingency Plan
In the event of a major disaster that necessitates the activation of an Emergency Operations Center in Town, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager).

2. Initial response by a Deputy Sheriffmay be the nearest patrol unit or able bodied officer available.

3. A pre -designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities.

4. The pre -designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services.

5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by Town.

6. In the event a major disaster occurs, the Sheriff' s Office shall provide support as required to comply with the Town' s emergency operations cost recovery efforts.

H. Booking and Processing Services
County shall provide booking and processing services to those arrested persons within the Corporate limits ofTown, and who are brought to the County jail for booking or detention.

I. Communication Services
The County shall, through its Communication Department, provide for emergency communication services in support ofthe Sheriff' s Office and Town' s operations. Services will include 24 hour per day 9- 1- 1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures.

II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff

1. The Town shall compensate the County utilizing the Fiscal Year 2014/ 2015 base rate established for general law enforcement and county communications ( hereinafter " law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation ( exclusive of PERS) provided to all patrol deputies of the Sheriff' s Office as set forth in a calculation formula agreed and attached hereto as " Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPI/W) for the San Francisco -Oakland -San Jose region hereinafter " CPI/ W") plus 2%, whichever is less. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the life of the agreement. In addition, the Town agrees to

compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.

2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, Town or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. Town or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Town does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. Town is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the Town.

3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/ W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify Town of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPVW plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement.

4. County shall specify to Town, not less than ninety ( 90) days prior to the start of Town's fiscal year, the new projected budget annual contract amount.
a. Town shall compensate County at the primary rate, for the Activity" and " Patrol" time expended in the Town. Additionally, County shall charge Town for meal periods, "beat preparation" time and " securing from beat" time at the rate often percent ( 10%) of the above referenced hours.
b. " Activity" and " Patrol" times are identified through the County Patrol Activity Network Analysis ( COPANA) and Patrol Activity

Report (PAR). A listing of items and their designations as Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software
applications may be updated or exchanged for newer software applications during the life of the agreement.

B. Supplemental/ Reserve Service
Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five 5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle.

C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the cost oftwo Reserve Deputy Sheriffs with patrol vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator' s time.

2. Town shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A.

C. Base Rent and Operating Costs of Westside Substation

1. Town and County shall share the costs of renting and operating the West Valley Division Substation as follows:
a. The Town' s share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2. 5% each year commencing November 8, 2015 and Town shall be
responsible for its share of this base rent increase. Town shall be responsible for any increase in operating expenses and real estate

taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs ( other than insurance, taxes and utilities) shall be capped at 5%. These operating costs maybe adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.

The Town's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year.
b. Town shall pay to County monthly that portion of the substation operating costs attributable to Town. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C. I. a., shall be mutually agreed to by the parties to this agreement.

C. For the purposes of this provision of the Agreement ( 1) " Operating Costs" are defined as the cost ofrent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation.
d. Pro rata share to Town for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement.

D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved County of Santa Clara Ordinance No. NS - 300.470.

E. Method of payment for all Services
Compensation for all services shall be paid by Town to County in the following manner:

1. The Town shall pay to County an amount equal to one -twelfth ofthe annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year.

2. Adjustment to the law enforcement annual projected budget -amount shall be performed every year of the contract as follows:
a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by Town to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services.

3. Payments, or any portion thereof, not made by Town to County within thirty (30) days ofthe due date shall accrue interest at the rate of ten percent( 10%) per annum until paid. Interest so accrued shall be payable to county on the last day ofthe month in which it accrued.

4. By September 30 following the end of each ofthe contract reconciliation years, County shall provide to Town the COPANA report for the entire contract years. If the amount actually paid by Town to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to Town the amount of such excess by October 1 following the end ofthe contract year.

Within twenty-one ( 2 1) days ofreceipt of such final COPANA report, Town shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by Town for such services. For purposes of calculating the final amount due to County from Town, Town' s credit for the amount actually paid by Town shall not include any interest paid by Town due to late monthly payments.

III. REPORTS
A. Monthly Reports
County shall provide to Town on a monthly basis report( s) on the incidence of crime within Town. Said report( s) shall differentiate between " law enforcement services" and supplemental services," and shall be in a format as agreed upon between County and Town.

1. County shall provide such month end reports to Town within thirty (30) days ofthe last day of that month.

2. By September 30 following the end of the contract year, County shall provide to Town the COPANA report for the entire contract year.

3. Special additional reports requested by Town may be provided at cost.

IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the Town, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance ofthe duties and obligations ofthe County and its employees set forth in this agreement.

B. The Town shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations ofthe Town and its employees set forth in this agreement.

C. This mutual indemnification agreement is adopted pursuant to Government code section 895. 4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895. 6.

V. INSURANCE AND LIABILITY
County and Town shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement.

VI. TERM OF AGREEMENT
This agreement shall become effective on 7/ 1/ 14, and may be terminated without cause by County or Town upon the giving of one -hundred and eighty ( 180) days written notice of such termination to the other party. In the absence of such notice oftermination, this agreement shall be effective for a term of one hundred and twenty ( 120) months until 7/ 1/ 24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If Town elects to terminate this Agreement prior to the expiration of the ten- year term, the Town shall nonetheless pay the full amount ofits pro - rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation.

At the expiration of this ten ( 10) year contract, this contract can be renewed for an additional five (5) year period upon written notice ofrenewal by Town and the County to the other parties at least one hundred eighty ( 180) days prior to the expiration of this contract.

The 2004 Law Enforcement Contract between the parties and any extension thereof is terminated upon the effective date of this Agreement.

This agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one document.

COUNTY OF SANTA CLARA
Date: JUN 2 4 2014
Signed and certified that a copy ofthis
Document has been delivered by electronic
Or other means to the President, Board of
Supervisors.

By:.

VVnsserman; President " "..........

Board of Supervisors
Atte : Dated: JUN 2 4 2014
RegadaClerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

Ch 1 Stevens, Deputy County Counsel ( Date)

Date: June 19, 2014
AS TO FORM AND LEGALITY:

Steven Mattas, City J
Dated: June 19, 2014

TOWN OF LOS ALTOS HILLS
r
By:

Carl Cahill, City Manager

EXHIBIT A

PROPOSED COSTS
FISCAL YEAR 2014- 2015

LOS ALTOS

RATES CUPERTINO HILLS SARATOGA

GENERAL LAW ENFORCEMENT
Proposed Hours - Activity
Proposed Hours - Patrol
Total Hours
Proj Costs FY 2014- 2015 @ $ 164. 90
TRAFFIC ENFORCEMENT - DAYS:

Proposed Hours
Proj Costs FY 2014- 2015 @ $ 162. 43
Cupertino @ $ 162. 45
TRAFFIC ENFORCEMENT - NIGHTS:

Proposed Hours
UNINCORP.
38, 248. 0 5, 421. 0 20, 060. 0 14, 696. 0
6, 307, 095 $ 893, 923 $ 3, 307, 894 $ 2, 423, 370
7, 200. 0 43. 0 4, 195. 4 0. 0
6, 984 $ 681, 451 $ 0
1, 169, 640

0. 0 0. 0 0. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 166. 04 $ 0 $ 0 $ 0
Cupertino @ $ 166. 06 $ 0
INVESTIGATIVE HOURS:

Proposed Hours 7, 200. 0 600. 0 2, 400. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 159. 02 $ 1, 144, 944 $ 95, 412 $ 381, 648 $ 0

EXHIBIT A

PROPOSED COSTS
FISCAL YEAR 2014- 2015

RATES CUPERTINO
RESERVES ACTIVITY HOURS:

Proposed Hours 1, 650. 0
Proj Costs FY 2014- 2015 @ $ 48. 70
OPERATING COSTS OF WEST VALLEY SUBSTATION:

Proj Hours FY 2014- 2015
89, 863
Percentage
Proj Costs July 2014 - Oct 2014
Proj Costs Nov 2014 - Jun 2015
Total Proj Costs of Substation
SUBTOTAL COSTS:

Proj Costs FY 2014- 2015

PROJECTED SPECIAL SERVICES
LOS ALTOS UNINCORP.

HILLS SARATOGA CITIES

22. 0 340. 0 0. 0
80, 355 $ 1, 071 $ 16, 558 $ 0
45, 448 5, 464 24, 255 14, 696

50. 5748% 6. 0804%
@ $ 418, 614 yr $ 70, 571 $ 8, 484
@ $ 418, 614 yr $ 141, 142 $ 16, 969
418, 614 $ 211, 713 $ 25, 453 $ 112, 989 $ 68, 459

26. 9911% 16. 3538%
37, 663 $ 22, 820
75, 326 $ 45, 639
8, 913, 747 $ 1, 022, 843 $ 4, 500, 540 $ 2, 491, 829
Projected Hours FY 2014- 2015 1, 815. 5 0 0 0
Cupertino Traffic Sergeant 189, 351 0 0 0
Saratoga School Resource Officer 0 0 100, 000 0

SCHOOLS RESOURCE OFFICER
Proj Costs FY 2014- 2015 @ $ 136. 23 395, 721 0 0 0
1 SRO @ 85% and 1 SRO @ 75%)

TOTAL SHERIFF LAW ENFORCEMENT COSTS
Projected Costs FY 2014- 2015 $ 9, 498, 819 $ 1, 022, 843 $ 4, 600, 540 $ 2, 491, 829 CAPPED COSTS 2014- 2015
Proj Costs Capped @ 4. 6% ( CPI+ 2%) Increase $ 9, 840, 602 $ 1, 060, 170 $ 4, 753, 605 $ 0 AMOUNTS BELOW CAP OF 4. 6% ($ 341, 783) ($ 37, 327) ($ 153, 065) $ 0

Law Enforcement Contract
Exhibit B
Compensation for Services
To calculate the annual projected budget increase to this contract, the following shall apply:

ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:

Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation ( salary and benefits) at top step for a 40 -hour patrol deputy.

2. At the subsequent July 1, the new total compensation amount ( exclusive of PERS) will be divided by the total compensation effective on the prior July 1 ( exclusive of PERS), to derive a percentage change in total compensation.

The annual projected budget increase in contract costs shall be computed as follows:

Fiscal Year 2014/ 2015:

Base Year 2014/ 2015 costs = costs as shown in Exhibit A to this Agreement.

Fiscal Years 2015/ 2016 through 2024/ 2025:

Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers ( CPI/ W) plus 2% ( For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year.)
Plus
Percentage Change ( Increase/ Decrease) in Actual County PERS Costs

County of Santa Clara - Office of the Sheriff
Supplemental Law Enforcement Services - Quote for Services Requester: Los Altos Hills
Event Description: Extra Patrol Overtime
5 days/week
Event Date: April 25th, 2022 thru June 2022 (1700-0000 hours) Date Rank Name Hours
Daytime
OT Hours
Nighttime
OT Hours
Total OT
Hours
Daytime OT
Rate
Total Daytime
OT Cost
Nighttime OT
Rate
Total Nighttime
OT Cost Total OT Cost
4/25/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 4/26/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 4/27/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 4/28/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 4/29/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/2/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/3/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/4/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/5/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/6/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/9/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/10/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/11/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/12/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/13/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/16/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/17/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/18/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/19/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/20/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/23/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/24/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/25/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/26/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/27/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 1 of 2
Attachment 3

Date Rank Name Hours
Daytime
OT Hours
Nighttime
OT Hours
Total OT
Hours
Daytime OT
Rate
Total Daytime
OT Cost
Nighttime OT
Rate
Total Nighttime
OT Cost Total OT Cost
5/30/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 5/31/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/1/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/2/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/3/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/6/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/7/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/8/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/9/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/10/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/13/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/14/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/15/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/16/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/17/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/20/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/21/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/22/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/23/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/24/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/27/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/28/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/29/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 6/30/2022 Dep. TBD 1700-0000 0 7 7 $ 121.29 $ - $ 126.91 $ 888.37 $ 888.37 $ - $ 43,530.13 $ 43,530.13
2 of 2

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: REVIEW AND CONSIDER UPDATING THE CITY COUNCIL

SUMMER MEETING SCHEDULE TO POTENTIALLY CANCEL THE

JULY CITY COUNCIL MEETING
FROM: Deborah Padovan, City Clerk
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Review the regular City Council meeting schedule and potentially cancel the July 2022 Regular City Council meeting.

BACKGROUND:

In the past, the City Council has scheduled a meeting recess during one of the summer months to avoid potential conflict with residents’ vacation plans. It has been suggested that perhaps the City Council recess for July with the ability to call a special meeting at any time during that time period.

Staff has conducted an email survey of surrounding jurisdictions and agencies and found that a majority schedule their recess either the month of July or August:
 City of Los Altos will cancel two summer City Council meetings (one in July and one in August)
 City of Morgan Hill will be canceling their July City Council meetings.  City of Monte Sereno will not be holding any Council meetings in July.  City of Saratoga will recess for the month of August.  Town of Los Gatos will recess for the month of July.
 City of Mountain View will recess for both July and August.  City of Cupertino is considering canceling two summer meetings.  City of Palo Alto will recess June 22 through July 31  City of Milpitas will recess for the month of July.

DISCUSSION:

The City Clerk will post the summer meeting schedule as approved by the City Council.

Direction could be provided to the City Manager to advise the Mayor or a majority of the City Council to call a Special Meeting during the scheduled recess if necessary.

AGENDA ITEM #10.B
D.P.

P.P.

Staff Report to City Council Page 2
Summer Meeting Schedule
April 21, 2022
2 ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

Canceling a meeting was not identified under the current Council priorities. This is covered by the majority of work staff does that is “under the water line,” which represents our day-to-day operational activities.

FISCAL IMPACT:

There is no fiscal impact to cancel a City Council meeting.

Public Art (2nd Mon/month - 5:00 PM) Schmidt Schmidt (2) Community Relations (4th Tues/month - 7:00 PM) Schmidt TysonEducation (Feb, May, Aug, Nov 2019 - 7:00 PM) Mok Emergency Communications (1st Tues/month - 7:00 PM) Schmidt Schmidt (1)Environmental Design & Protection (2nd Tues/month - 5:45 PM) Tankha TankhaEnvironmental Initiatives (2nd Thur/month - 6:30 PM) Mok Mok (1)Finance/Investment (1st Mon/month - 4:00 PM) Tankha/Tyson Tyson/SwanHistory (3rd Tues/month - 3:30 PM) Swan Swan (2) LA/LAH Jt. Comm. Vol. Service Awards (As Needed) Swan Swan (2)LA/LAH Senior Commission (1st Mon/month - 3:30 PM) Swan Swan (2) LA/LAH Library Commission Schmidt Schmidt (2)Open Space (2nd Thur/month - 9:00 AM) Tyson SchmidtParks & Recreation (3rd Mon/month - 5:30 PM) Mok Mok (1) Pathways (4th Mon/month - 7:00 PM) Swan Swan (1)Technology Committee (Time/Date TBD) Mok (1), Schmidt (1) LAH Emergency Council (Ordinance 550 states: (3) The Mayor, or as an alternate, the Vice MayoTankha/Tyson Tyson/Swan Association of Bay Area Governments (ABAG) (3rd Thur/month every other month) Tankha TankhaNorth County Library Authority (no fixed schedule 4X/year) Schmidt/Swan Schmidt (2)Joint Powers Authority Board (Library) Schmidt/Swan Schmidt (2)Valley Transportation Authority (VTA) Board (Group 2) (1st Thur/month 5:30 PM) Mok TysonVTA Policy Advisory Group (2nd Thur/month 4:00 PM) (Alternate is okay) Tyson/Swan (Was Mok/Swan)SCVWD Water Commission (4th Wed/month every quarter 12:00 PM) Schmidt Schmidt (2)Santa Clara County Cities Assn. Board (2nd Thur/month 7:00 PM, no meeting in July) Mok/Schmidt MokLos Altos Hills County Fire District (3rd Tues/month 7:00 PM) Tyson/Tankha Tyson/TankhaCHAC JPA (4thWed/month 4:30 PM-no meeting July & Dec) Tyson Tyson (1)Silicon Valley Clean Energy Authority (2nd Wed/month 6:00 PM) Tyson/Schmidt (Alt) Tyson(1)/SchmidtTown Standing Committees 2021 Council Liaison 2022 Council Liaison Outside Agencies 2021 Council Liaison 2022 Council Liaison AGENDA ITEM #10.C

TOWN OF LOS ALTOS HILLS April 21, 2022
Staff Report to the City Council
SUBJECT: 26070 Newbridge Drive – File #MA22-0001 – Lands of Mousavi Request for a Map Adjustment Permit to remove a recorded Conservation Easement, remove a five-foot Public Utility Easement, and record a new segment of a ten-foot Public Utility Easement on a portion of Lot 2 of Tract 6527, now part of 26070 Newbridge Drive.

FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Approve a Certificate of Correction Amending a recorded Final Map to remove a recorded Conservation Easement, remove a five-foot Public Utility Easement, and record a new segment of ten-foot Public Utility Easement on a portion of Lot 2 of Tract 6527, now part of 26070 Newbridge Drive, subject to the Findings and Conditions of Approval in Attachment 1.

BACKGROUND
The subject property is a 1.58-acre lot located to the south of Newbridge Drive and accessed by a private driveway easement. The property fronts La Paloma Road and Golden Hill Court and has a relatively flat buildable area and slopes down from the Golden Hills Court frontage to Barron Creek adjacent to La Paloma Road (see Fig 1).

Figure 1: 26070 Newbridge Drive Vicinity Map
Source: Google Maps
AGENDA ITEM #10.A
P.P.

Report to City Council Page 2
Map Adjustment at 26070 Newbridge Drive
April 21, 2022
The lot’s current boundaries were created through a lot line adjustment in 2006 when an approximately 0.57 acre portion of Lot 2 of Tract 6527 was added to the original 1.008-acre Lot 2 of Tract 2979. The portion that was added was encumbered with a 100-foot-wide conservation easement, 10-foot-wide pedestrian and equestrian easement over the creek, and standard 5-and 10- foot public utility easements.

The property is currently developed with a 4,042 square-foot residence and a 642 square-foot accessory dwelling unit. A building permit was issued on August 31, 2021 to remodel the basement area. A Site Development Permit application for a new pool with a grading policy exception was approved by the Planning Commission on December 9, 2021, subject to conditions of approval.

At the December 9, 2021 hearing, the Planning Commission imposed a condition of approval on the Site Development Permit requiring the property owner to dedicate an Open Space Easement encompassing those portions of the property within 25-feet of Barron Creek’s top-of-bank. Further, the Planning Commission directed Town staff to examine the possibility of removing the recorded 100-foot-wide conservation easement in exchange for the new open space easement being dedicated.

The Commission voted 4-0-1 to approve the permit with the foregoing condition and direction, with Commissioner Smith absent.

Based on the Planning Commission’s direction, staff and the applicant examined approaches to vacate and remove the conservation easement. As a result, the applicant submitted an application for a Map Amendment to remove the 100-foot conservation easement from the recorded subdivision final map in exchange for the dedication of the new open space easement at the top of the creek bank per instructions from the Commission. The applicant also proposed the removal of a five-foot Public Utility Easement, and the recordation of a new segment of ten-foot Public Utility Easement on a portion of Lot 2 of Tract 6527, now part of 26070 Newbridge Drive.

At the March 3, 2022 Planning Commission meeting, the Commission briefly discussed the Map Amendment request and voted 5-0 to forward a recommendation to the City Council to approve the Map Amendment for removal of the conservation easement, removal of the five-foot public utility easement, and to add a 10-foot public utility easement.

NOTICING/PUBLIC COMMENTS
The public was advised of this Public Hearing in the following ways:
• Mailing to property owners who own property within a 500-foot radius – April 8, 2022 • Town Website: www.losaltoshills.ca.gov – April 8, 2022 • Public Posting Places – April 8, 2022
• Posted at the project site – April 8, 2022
To date, staff has not received any public comments on the map adjustment request.

CODE REQUIREMENTS
Section 66472.1 of Title 7, Division 2 of the California Government Code (commonly referred to as the Subdivision Map Act) allows for a local agency to modify a final recorded map, by a certificate

Report to City Council Page 3
Map Adjustment at 26070 Newbridge Drive
April 21, 2022
of correction or a map amendment, if it finds that there are changes in circumstances that make any or all conditions of the map no longer appropriate or necessary. The local agency must find that the modifications do not impose any additional burden on the owners of the real property and the modifications do not alter any right, title, or interest in the real property reflected on the recorded map. Any modification shall be set for public hearing as provided in Section 66451.3.

Section 9-1.1210 of the Los Altos Hills Municipal Code governs how the City Council can modify a recorded final map through a certificate of correction or map amendment if certain findings can be made. The required findings necessary to support the final map amendment are identical to those under the Subdivision Map Act and are included in the attached Resolution. The Municipal Code requires a map amendment be reviewed first by the Planning Commission and approved by the City Council, and thus this map amendment application is being presented to the City Council for its review.

DISCUSSION
The property owner of 26070 Newbridge Drive (Lot 2 Tract 2979 and Lot 2 Tract 6527) is requesting a Map Adjustment Permit to remove the 100-foot Conservation Easement that was recorded with the Tract Map 6527, included as Attachment 2. The easement is a 100-foot-wide strip along the westerly property line fronting La Paloma Road. The conservation easement area to be vacated encompasses 13,528 square feet.

The removal of the existing 100-foot conservation easement is feasible and reasonable and would not defeat or create any detrimental impact or loss of protection of the riparian corridor as a corresponding open space easement is being recorded over the riparian corridor along the creek. Under California law, easements are “restrictive burdens” upon a parcel of land that allows the owner of the easement to take certain actions upon the land or to reserve the easement area for certain uses. The easement owner has the ability to terminate and remove an easement if it approves the termination and voluntarily vacates the easement. In this case, the recorded 100-foot conservation easement was previously dedicated to the Town and the Town is the easement owner. Thus, the Town has the legal rights and authority to approve and agree to the termination of the conservation easement. If the Town gives this approval, the conservation easement will be removed from this property. The method of removing or vacating this easement is through a Map Amendment.

The new open space easement to be dedicated along Barron Creek in exchange for the removal of the 100-foot conservation easement (on the Consent Calendar for City Council approval) is more in line with the goals and policies of the Conservation Element of the Town’s General Plan. This is because it protects all riparian areas on the property where the conservation easement only protected a portion of the riparian areas and slopes covered in grape vines. Also, the new open space easement is of the same nature as the existing conservation easement in that both restrict development in the easement area, and are designed to preserve the open space, natural, scenic, or other similar conditions on the property. Thus, because the property owner will be dedicating a new open space easement along the creek bank, the retention of natural and open space qualities would not be impacted by the removal of the prior conservation easement.

Report to City Council Page 4
Map Adjustment at 26070 Newbridge Drive
April 21, 2022
It is worth noting that the required open space easement covers those portions of the property within 25 feet of the creek’s top-of-bank and encompasses 16,479 square feet, which is larger than the original conservation easement being removed. Vacating the existing conservation easement allows for greater use and enjoyment of the subject property with no detrimental impacts to the preservation of open space, or the rural and aesthetic characteristics of the lot. The Plat map and legal description of the conservation easement to be abandoned are included as Attachment 3. The proposed plat map and legal description of the new open space easement to be dedicated is included as Attachment 4.

The property owner is also proposing to make certain easement clean-up actions with this map amendment. Specifically, the property owner is also requesting abandonment of the 5-foot public utility easement that bisects the property along the original lot lines that existed prior to the lot line adjustment. Because the two lots have been merged, there is no longer a need for said public utility easement if it is currently unimproved or otherwise not in use. The applicant has contacted all utility companies that may have rights to the subject easement requesting abandonment of the easement.

Pacific Gas and Electric, Comcast, Purissima Hills Water District, and AT&T have all responded either by email or by letter stating that they do not have improvements within the easement and are not opposed to the map amendment. Plat map and legal description of the five-foot public utility easement to be abandoned is included as Attachment 5. Utility company approvals are included as Attachment 6.

Relatedly, the applicant is also requesting to add a 10-foot public utility easement to enclose a gap created by the original lot line adjustment and the proposed removal of the 5-foot public utility easement. This gap in the public utility easements was created because only a portion of Lot 2 of Tract 6527 was added to Lot 2 of Tract 2979. The proposed 10-foot public utility easement plat map and legal description is included as Attachment 7.

ENVIRONMENTAL REVIEW
The proposed setback abandonment is categorically exempt from the provisions of the California Environmental Quality Act pursuant to Sections 15305, which allows for minor alterations in land use limitations.

CONCLUSION
Based on the Commission’s direction at the December 9, 2021 hearing, the conservation easement is essentially being replaced by an Open Space Easement that more closely aligns with the Town’s General Plan. Abandonment of the easement will not substantially alter the existing development pattern on the property and will unencumber a portion of the lot in place of the new, larger open space easement. The exchange between these easements would also continue to serve the goals of retaining open space, natural, and other related characteristics on this parcel and would not be detrimental to the Town’s aesthetics and rural quality preservation.

The public utility easement being abandoned has been confirmed to be no longer necessary and is redundant given the existing public utility easements ringing the majority of the property’s boundaries save for the portion proposed to be added. Staff recommends vacating both the 100-foot conservation

Report to City Council Page 5
Map Adjustment at 26070 Newbridge Drive
April 21, 2022
easement and the five-foot public utility easement as proposed as well as recording a new, 10-foot wide segment of public utility easement.

ATTACHMENTS

1. Draft Resolution with Findings and Conditions of Approval

2. Copy of Tract No. 6527

3. 100-foot Conservation Easement Abandonment Plat Map and Legal Description

4. Open Space Easement Dedication Plat Map and Legal Description

5. 5-foot Public Utility Easement Abandonment Plat Map and Legal Description

6. Utility company approvals

7. Proposed 10-foot Public Utility Easement Plat Map and Legal Description

Resolution -22 Page 1
RESOLUTION -22

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A MAP AMENDMENT REQUEST FOR A CERTIFICATE OF
CORRECTION REMOVING A 100-FOOT CONSERVATION EASEMENT,
REMOVING A 5-FOOT PUBLIC UTILITY EASEMENT AND RECORDING A NEW 10-FOOT PUBLIC UTILITY EASEMENT
WHEREAS, The Town of Los Altos Hills received an application for a Map Adjustment (MA22- 0001) from Nader Mousavi to remove a recorded 100-foot-wide Conservation Easement, remove a five-foot-wide Public Utility Easement, and record a new segment of ten-foot-wide Public Utility Easement on a portion of Lot 2 of Tract No. 6527 (“Project”) now part of that real property known as 26070 Newbridge Drive; and
WHEREAS, based on the record presented before it, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15305 since the project includes minor alterations to land use limitations; and WHEREAS, the Project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on March 3, 2022 and voted 5-0 to recommend that the City Council approve the map amendment request and certificate of correction removing the 100-foot conservation easement, removing a 5- foot public utility easement, and recording a new 10-foot public utility easement on a portion of Lot 2 or Tract No. 6527M453; and
WHEREAS, the City Council held a duly noticed public hearing to consider the Project on April 21, 2022, and considered all written documentation and public comments.

NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby APPROVES the Map Amendment Application (MA22-0001) subject to the recommended findings and conditions contained in Exhibit “A” and “B” and incorporated herein by reference.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Los Altos Hills on this 21st day of April 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

By: _____________________________
George Tyson, Mayor
ATTEST:
______________________________________
Deborah Padovan, City Clerk
Attachment 1

Resolution ____-22 Page 2

EXHIBIT A

FINDINGS FOR APPROVAL
Lands of Mousavi – 26070 Newbridge Drive
File #MA22-0001

1. There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary.

There have been changes in circumstances that make the need for the 100-foot conservation easement no longer appropriate or necessary. The conservation easement as recorded on Tract No. 6527 protects a relatively steep slope extending down to Barron Creek. The approval of Site Development Permit #SD21-0043 included a condition of approval requiring the dedication of an open space easement encompassing those areas of the property within 25 feet of the Barron Creek top-of-bank. The required dedication encompasses more land area and is more aligned with the Town’s Conservation Element of the General Plan. This is because it protects the entirety of the riparian areas on the property. Further, the new open space easement being dedicated is of the same nature as the existing conservation easement in that they both restrict development in the easement area and on the property, and are designed to preserve the open space, natural, scenic, or other similar conditions. The exchange between these easements would also continue to serve the goals of retaining open space, natural, and other related characteristics at this parcel and would not be detrimental to the Town’s aesthetics and rural quality preservation. Thus, the recordation of a new, larger open space easement renders the conservation easement no longer appropriate or necessary The five-foot public utility easement is currently not in use by any utility companies with rights to the subject easement. Public utility easements are generally recorded around the perimeters of all properties within most subdivisions to allow for public utilities to access properties from adjacent rights-of-way or adjacent properties when no right-of-way frontage exists. As the current property configuration was created by lot line adjustment, the five-foot public utility easement bisecting the property is in an atypical configuration. The proposal to record a new segment of 10-foot public utility easement would create a continuous, closed public utility easement along the entire perimeter of the property. The lot line adjustment, in combination with the proposed 10-foot public utility easement, renders the five-foot public utility easement no longer appropriate or necessary.

2. The modifications do not impose any additional burden on the present fee owner of the real property.

The abandonment of the 100-foot conservation easement and five-foot public utility easement does not impose any additional burden on the present fee owner of the real property as abandonment will allow for greater use and enjoyment of the subject property. In fact, the abandonment of the conservation easement unencumbers less land than the required open space easement associated with #SD21-0043.

The proposed 10-foot public utility easement will create a continuous, closed public utility easement and encompasses less land than the original five-foot public utility easement, thus does not impose any additional burden on the present fee owner of the real property.

Resolution ____-22 Page 3

3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map and the City Council finds that the map, as modified, conforms to the provisions of Government Code Section 66474.

The vacation of the 100-foot conservation easement, vacation of the five-foot public utility easement, and recordation of a 10-foot public utility easement does not alter any right, title, or interest in the real property reflected on the record map that would not be normally conferred under present day Town standards in regard to site development. The modification to the map, as modified, conforms to Government Code Section 66474 as the resultant property continues to be consistent with the Town’s General Plan.

Resolution ____-22 Page 4

EXHIBIT B

RECOMMENDED CONDITIONS OF APPROVAL TO THE CITY COUNCIL
Lands of Mousavi – 26070 Newbridge Drive
File #MA22-0001
PLANNING DEPARTMENT:

1. Any further changes or modifications to the project shall be first reviewed and approved by the City Council.

2. The property owner shall provide a legal description and plat exhibits prepared by a licensed land surveyor that describe the easements being abandoned and added. The documents shall be signed and notarized by the property owner, then recorded with the Santa Clara County Recorder. A copy of the recorded document shall be returned to the Town within one year of the approval date, otherwise approval will expire, and applicant shall be required to apply anew.

3. No building permit applications for structures within the Conservation Easement and Public Utility Easement areas to be abandoned will be accepted by the Town until the legal description and plat exhibits are recorded by the County Recorder’s Office and returned to the City Clerk’s Office.

Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

Attachment 2

Attachment 3

Closure Calculation
100’ Conservation Easement
26070 New Bridge Road, Los Altos Hills, California
North: 8539.0533' East: 13205.2448'
Segment #1 : Line
Course: S87° 10' 00"E Length: 100.28'
North: 8534.0983' East: 13305.4023'
Segment #2 : Line
Course: S07° 05' 30"W Length: 123.89'
North: 8411.1560' East: 13290.1072'
Segment #3 : Curve
Length: 84.04' Radius: 155.00'
Delta: 31°03'54" Tangent: 43.08'
Chord: 83.01' Course: S82° 08' 33"W
Course In: N23° 23' 24"W Course Out: S07° 40' 30"W
RP North: 8553.4188' East: 13228.5741'
End North: 8399.8078' East: 13207.8766'
Segment #4 : Curve
Length: 31.21' Radius: 20.00'
Delta: 89°25'00" Tangent: 19.80'
Chord: 28.14' Course: N37° 37' 00"W
Course In: N07° 40' 30"E Course Out: N82° 54' 30"W
RP North: 8419.6286' East: 13210.5477'
End North: 8422.0978' East: 13190.7006'
Segment #5 : Line
Course: N07° 05' 30"E Length: 117.86'
North: 8539.0562' East: 13205.2513'
Perimeter: 457.28' Area: 13528.09 Sq. Ft.

Error Closure: 0.0071 Course: N65° 48' 12"E
Error North: 0.00290 East: 0.00646
Precision 1: 63828.17

Attachment 4

North: 8748.3378' East:
10020.1908'
Segment #1 : Line
Course: N76° 45' 21"E
Length: 55.95'
North: 8761.1560' East:
10074.6527'
Segment #2 : Line
Course: S02° 39' 03"W
Length: 27.16'
North: 8734.0250' East:
10073.3965'
Segment #3 : Line
Course: S04° 19' 09"W
Length: 48.46'
North: 8685.7027' East:
10069.7469'
Segment #4
Course: S07° 06' 08"W
Length: 16.28'
North: 8669.5476' East:
10067.7340'
Segment #5 : Line
Course: S02° 12' 56"W
Length: 43.27'
North: 8626.3099' East:
10066.0613'
Segment #6 : Line
Course: S02° 27' 33"E
Length: 32.14'
North: 8594.1995' East:
10067.4403'
Segment #7 : Line
Course: S07° 41' 27"W
Length: 43.13'
North: 8551.4575' East:
10061.6683'
Segment #8 : Line
Course: S12° 45' 15"W
Length: 36.73'
North: 8515.6338' East:
10053.5595'
Segment #9 : Line
Course: S20° 33' 47"W
Length: 38.90'
North: 8479.2122' East:
10039.8963'
Segment #10 : Curve
Length: 33.20' Radius:
155.00'
Delta: 12°16'25" Tangent:

16.67'
Chord: 33.14' Course: N88°
27' 43"W
Course In: N04° 35' 55"W
Course Out: S07° 40' 30"W
RP North: 8633.7133' East:
10027.4692'
End North: 8480.1017'
East: 10006.7683'
Segment #11 : Curve
Length: 31.21' Radius:

20.00'
Delta: 89°25'00" Tangent:

19.80'
Chord: 28.14' Course: N37°
37' 00"W
Course In: N07° 40' 30"E
Course Out: N82° 54' 30"W
RP North: 8499.9226' East:
10009.4393'
End North: 8502.3918'
East: 9989.5923'
Segment #12 : Line
Course: N07° 05' 30"E
Length: 247.84'
North: 8748.3358' East:
10020.1899'
Perimeter: 654.28' Area:
16478.83 Sq. Ft.

Error Closure: 0.0022
Course: S23° 25' 46"W
Error North: -0.00199
East: -0.00086
Precision 1: 295972.73

G:\Correspondence\2021 JOBS\2210088 CI\Easements\5'PUE\EXH A (5PUE).docx Page
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EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM
5’ PUBLIC UTILITY EASEMENT
26070 NEW BRIDGE DRIVE

LOS ALTOS HILLS, CALIFORNIA
An easement over that certain real property, situate in the City of Los Altos Hills, County of Santa Clara, State of California, being a portion of Lot 2, as shown on the certain Tract No. 6527 filed in the office of the County Recorder of Santa Clara County on November 15, 1979 in Book 453 of Maps at Pages 44 & 45, as shown on Exhibit “B” attached hereto and made a part hereof, more particularly described as follows:

Commencing at the Northwest corner of said lot; thence along the Northerly line of said lot South 87°10’00” East, 10.03 feet to the Point of Beginning; thence continuing along last said line South 87°10’00” East, 289.97 feet; thence leaving last said line South 14°24’39” East,

5.24 feet; thence along a line 5.00 feet southerly and parallel with said northerly line North 87°10’00” West, 291.90 feet; thence leaving last said line North 07°05’30” East,

5.01 feet to the Point of Beginning.

Containing 1,455 square feet, more or less.

The bearings described are based on the North line of said Lot 2 being South 87°10’00” East as shown on said Tract No. 6527.

END OF DESCRIPTION
PREPARED BY OR UNDER THE SUPERVISION OF:
_____________________________
PATRICK C. WEBER, LS 8162
Attachment 5

Closure Calculation
5’ Public Utility Easement
26070 New Bridge Road, Los Altos Hills, California
North: 8419.1815' East: 14888.3259'
Segment #1 : Line
Course: S87° 10' 00"E Length: 289.97'
North: 8404.8536' East: 15177.9417'
Segment #2 : Line
Course: S14° 24' 38"E Length: 5.24'
North: 8399.7785' East: 15179.2457'
Segment #3 : Line
Course: N87° 10' 00"W Length: 291.90'
North: 8414.2074' East: 14887.7026'
Segment #4 : Line
Course: N07° 05' 30"E Length: 5.01'
North: 8419.1790' East: 14888.3211'
Perimeter: 592.12' Area: 1454.98 Sq. Ft.

Error Closure: 0.0054 Course: S62° 52' 35"W
Error North: -0.00244 East: -0.00477
Precision 1: 109651.85