1 City Council Regular Meeting Agenda
June 16, 2022
NOTICE TO PUBLIC
Any writings or documents provided to a majority of the City Council regarding any item on the open session portion of this agenda will be made available for public inspection in the City Clerk’s office located at 26379 Fremont Road, Los Altos Hills, California during normal business hours. These materials will also be made available on the City website at www.losaltoshills.ca.gov subject to Staff’s ability to post the documents before the meeting.
NOTE: To protect our constituents, Town officials, and Town staff, the Town requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.losaltoshills.ca.gov This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference or in person at Town Hall, 26379 Fremont Road, Los Altos Hills, California.
The City Council meeting will be live-streamed on the Town’s website and via zoom at the following location:
https://bit.ly/June16CCMeetingLAH
Webinar ID: 891 7904 7912
Passcode: 94022
Phone: 669 900 6833
Members of the public may attend the meeting in person at the Los Altos Hills City Council Chambers. If attending in person, face coverings for persons who are not vaccinated, and physical distancing will be required until further notice. Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
Public testimony will be taken at the direction of the Mayor and members of the public may only comment during times allotted for public comments.
Town of Los Altos Hills
City Council Regular Meeting Agenda
Thursday, June 16, 2022 at 6:00 p.m.
Council Chambers, 26379 Fremont Road
Los Altos Hills, California
2 City Council Regular Meeting Agenda
June 16, 2022
CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
1. AGENDA REVIEW
2. PRESENTATIONS AND APPOINTMENTS
A. Appointment to the Los Altos Hills Environmental Initiatives Committee B. Appointment to the Los Altos Hills Environmental Design and Protection Committee C. Appointment to the Los Altos Hills Parks and Recreation Committee D. Appointment to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee (Los Altos Hills Representative)
E. Appointment to the Los Altos Hills Pathways Committee F. Appointments to the Emergency Preparedness and Response Committee G. Appointments to the Los Altos Hills Planning Commission H. Presentation by City Attorney Providing Information on Brown Act Requirements, Options, and Limitations Related to Ad Hoc and Standing Committees
3. PRESENTATIONS FROM THE FLOOR
Persons wishing to address the Council on any subject not on the agenda may do so now. Please complete a Speaker Card located on the back table of the Council Chambers and submit it to the City Clerk. Comments are limited to two (2) minutes per speaker. California law prohibits the Council from acting on items that do not appear on the agenda. Under a Resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda.
4. CONSENT CALENDAR
A. Approval of City Council Special Meeting Minutes: May 25, 2022 B. Approval of City Council Special Meeting Minutes: May 26, 2022 C. Review of Disbursements: May 1-31, 2022 $1,702,881.44 D. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
3 City Council Regular Meeting Agenda
June 16, 2022
E. Adoption of Ordinance 601 (Second Reading) Designating the Westwind Barn as a Historical Landmark (Staff: S. Mangalam) (Motion to Waive Reading and Adopt the Ordinance)
F. Proclamation Accepting the Internet Digital Bill of Rights (Staff: D. Padovan) G. Proclamation Recognizing the 50th Anniversary of the Passage of Title IX of the Education Amendments of 1972 (Staff: D. Padovan)
H. Resolution Modifying an Existing Open Space Easement to Accommodate an ADU at 13480 Wildcrest Drive with no reduction in the amount of Easement Area (Staff: S.
Padovan)
I. Resolution Authorizing the City Manager to Enter into an Agreement with Government Technology Group, LLC for Broadband Consulting Services and Appropriating $95,000 from the Unreserved General Fund for FY 2022-23 (Staff: C. Einfalt) J. Resolution Approving the Annual 2022-23 Project List to be Submitted to the California Transportation Commission for SB1 Compliance (Staff: O. Antillon) K. Resolution to Adopt Supplemental Findings for Resolution No. 48-22 Denying an Appeal of the Planning Commission Imposed Conditions of Approval for a Zoning Permit for New Fencing at 28001 Elena Road and Motion Approving Reconsideration (Staff: S Mattas and J. Loh)
L. Approval for City Manager to Attend the 2022 ICMA Conference in Cleveland, Ohio September 18-21, 2022 (Staff: P. Pirnejad)
5. ONGOING BUSINESS
A. Report on Methods and Provide Direction on the Community Facilities Needs Assessment and Community Survey (Staff: S. Robustelli)
6. PUBLIC HEARINGS
City Council Ex Parte Contacts Policy Disclosure
A. Resolution of the City Council of the Town of Los Altos Hills Requesting that the Santa Clara County Tax Collector Collect Delinquent Sewer Charges, the 2022-2023 Sewer Service Charges, and Contractual Assessment District Charges for Both the Palo Alto and Los Altos Sewer Basins (Staff: O. Antillon)
B. Resolution Adopting the Proposed FY 2022-23 Operating Budget and FY 2023-27 FiveYear Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills and Resolution Approving the FY 2022-23 Salary Schedule (Staff: S. Revillar)
4 City Council Regular Meeting Agenda
June 16, 2022
C. Appeal of the Planning Commission Imposed Conditions of Approval for a Site Development Permit for Landscape Screening at 12869 La Cresta Drive – File #SD21- 0079 (Resolution #TBD) (Staff: S. Mangalam)
7. STAFF AND CLOSED SESSION REPORTS
A. City Manager
B. City Attorney
C. City Clerk
D. Planning/Building Director
E. Administrative Services Director
F. Public Works Director
8. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson) B. Report from the Council Ad Hoc Committee on Community Surveys (Mayor Tyson/Councilmember Schmidt)
C. Report from the Council Town Hall Ad Hoc Committee (Mayor Tyson/Councilmember Schmidt)
D. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
E. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
9. COUNCIL INITIATED
A. Request and Possible Action to Direct Staff Pursue a California State Landmark Designation for Westwind Community Barn (Vice Mayor Swan)
10. ADJOURN
Pursuant to Ordinance No. 506, the Council Meeting shall adjourn no later than 10:00 p.m., unless otherwise approved by a majority of the Councilmembers present.
ASSISTANCE FOR PERSONS WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk at 650-941-7222. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Copies of all agenda reports and supporting data are available for inspection at Town Hall, 26379 Fremont Road 72 hours in advance of the meeting.
5 City Council Regular Meeting Agenda
June 16, 2022
A complete agenda can be found on the Town’s webpage: http://www.losaltoshills.ca.gov. A complete packet of information is available for inspection during the meeting at the table to the back of the Council Chambers and online. Council may take action on any agendized matter in any manner deemed appropriate by Council.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointment to the Los Altos Hills Environmental Initiatives Committee Attached for your review and consideration is an application from Mike Salameh for appointment to the Los Altos Hills Environmental Initiatives Committee. The term would run four years, beginning in June 2022 and end June 2026.
Resolution 58-22 stipulates that the membership of this committee shall consist of a maximum of eleven (11) members. With this appointment, the Committee would have a total of nine (9) members and two (2) vacancies.
AGENDA ITEM #2.A
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, May 19, 2022 9:15:15 AM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Environmental Initiatives
Name Mike Salameh
Registered Voter Yes
Address Los Altos Hills CA 94022
Home Phone
Work Phone
Cell Phone
Email Address
Number of Years Town
Resident
0.5 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
My neighbor, who serves on the committee and is very
knowledgeable about energy issues, encouraged me to apply. I had been seeking his advice on how to convert our house from gas to electric and then to solar and how to reduce fire risk of the property.
How many meetings None
Salameh, Mike
have you attended of
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I just moved in and am not involved in any LAH activities.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
One attribute is that I am gaining first hand experience in converting my LAH property and vehicles to efficient energy use.
I hope this experience could be useful in helping others navigate through this sometimes confusing process. Right now I am in the middle of converting our house from gas to electric and eventually solar. There are many challenges including costs to change equipment and finding contractors who are willing and able to do the work. Another challenge was educating myself about the tradeoffs between different approaches. I also have one electric car and will likely replace our other gas car with electric soon...and that has cost and function tradeoffs as well. In summary, I am learning that, in addition to significant upfront investment, there are other barriers to converting to efficient energy use.
I am also clearing the excess vegetation from my property myself. I am no fire mitigation expert, but this is giving me a real appreciation for the difficulty and tradeoffs of maintaining a property that looks good but is also fire resistant. By the way, in my case, the free brush chipping and hauling program was a huge factor in getting me to clear my property. The fact that the pickup was very convenient, and had a deadline, prompted me to take action and start clearing.
I feel like I can be practical about environmental issues and help prioritize policies that will have the highest real impact, and not just a symbolic impact. Although my experience is very limited, hopefully it can be useful in evaluating environmental impact of town property projects.
What particular area of
responsibility on this
I think I could be useful in evaluating best practices of other cities or communities and helping judge how they might be adapted to work in LAH.
Committee /
Commission interests
you?
Education Background
and Professional
Activities
I have an engineering BS from Yale and an MBA from Harvard. I founded and ran a semiconductor company and now I am on a public company board and consulting for start up technology companies.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I don't have specific objectives. I like the idea of joining a group that is trying to create guidelines and policies that will maintain or improve the environment of LAH.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain No conflict of interest
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain No conflict of interest
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing
Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Mike Salameh
Date 5/19/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointment to the Los Altos Hills Environmental Design and Protection Committee
Attached for your review and consideration is an application from Grace Tsang for appointment to the Los Altos Hills Environmental Design and Protection Committee. The term would run four years, beginning in June 2022 and end June 2026.
Resolution 58-22 stipulates that the membership of this committee shall consist of a maximum of eight (8) members. With this appointment, the Committee would have a total of eight (8) members and no vacancies.
AGENDA ITEM #2.B
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Tuesday, June 7, 2022 10:31:16 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
EDPC
Name grace p tsang
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Years Town
Resident
23 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
My experience and interests are a good fit for the EDPC.
How many meetings
have you attended of
two
Tsang, Grace
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
Westerh Horticultural Society, co-president
Garden Club of Los Altos, vice president and program chair California Native Plant Society nursery, propagation volunteer () Los Altos High School speaker recruitment chair for
Science/Tech/Engineering/Arts/Math week (2019,2022); co-chair 2023
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
horticulture knowledge (& practice) of plants, planting, soil, weather, topography, irrigation, garden design;
permaculture knowledge of closed-loop environmental design; arboriculture knowledge & practice of tree care and aerial treework;
naturalist knowledge of California biosphere, lithosphere, atmosphere, cryosphere and hydrosphere;
additional classes: climate change, 4.6billion year history of geology, native Californian land stewardship and GIS
What particular area of
responsibility on this
Committee /
Commission interests
you?
I'm interested in
a) the preservation of our town's natural environment
b) the rehabilitation of home and public sites to create habitat for lepidoptera and birds by encouraging the landscape use of native plants
c) soil retention of rainwater by landscape features such as bioswales
Education Background
and Professional
Activities
-- BSEE/MSEE MIT/Caltech - analog/RF and neuromorphic
integrated circuit design
-- all classes at Foothill College department of Environmental Horticulture - garden development
-- additional classes at Merritt and West Valley colleges Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I would like to help provide educational outreach opportunites to my fellow town residents pertaining to
less destructive ways of living in our environment, i.e., less destructive to the other beings with whom we share this land.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
No
interest that could
affect your decisions?
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature grace p tsang
Date 6/7/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a
Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointment to the Los Altos Hills Parks and Recreation Committee Attached for your review and consideration is an application from Jennifer Lauren Kan Bardsley for appointment to the Los Altos Hills Parks and Recreation Committee. The term would run four years, beginning in June 2022 and end June 2026.
Resolution 58-22 stipulates that the membership of this committee shall consist of a maximum of ten (10) members. With this appointment, the Committee would have a total of seven (7) members and three (3) vacancies.
AGENDA ITEM #2.C
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Tuesday, May 24, 2022 11:38:47 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Parks and Rec
Name Jennifer Lauren Kan Bardsley
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
Los Altos Hills
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
Lisa Schmidt. A neighbor and friend told me that the Parks and Rec Committee is looking for parents of young children to help serve the town.
How many meetings
have you attended of
0 Bardsley, Jennifer
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I helped to start and run the Ponies and Playdates program at Westwind. I also help out and teach young children for Victoria Dye Equestrian.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I have lots of experience planning and executing activities for kids especially running local playdates and excursions.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Planning activities for young families to come and meet each other.
Education Background
and Professional
Activities
Horseback riding instructor for young kids. Stay at home mom who has lots of ideas about getting people together with common interests.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I think our town could have more programs geared toward young families to get together and meet each other. I for one made a great friend at the July 4th celebration back in 2019 and we continue to meet up and hang out as meeting local friends is very hard. Another interest is people with pets who want to get together and have playdates or activities to get to know each other and explore fun things to go with their pets.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain None
Are you aware of any
issues now or
No
proposed that might
require you to recuse
yourself?
If "Yes", please explain None
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Jennifer Bardlsey
Date 5/24/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointment to the Santa Clara Valley Transportation Authority Bicycle & Pedestrian Advisory Committee (VTA BPAC)
Attached for your review and consideration is an application from Edward Munyak for appointment to the VTA BPAC. The Town currently has one voting position on this committee. The term would run two years, beginning July 1, 2022 and end June 30, 2024.
Information regarding the VTA BPAC position is attached for your review.
The notice of vacancy was advertised on the Town’s website, social media, and the Town Crier on May 25 and June 8.
AGENDA ITEM #2.D
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, May 26, 2022 3:10:40 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
VTA BPAC or Pathways
Name Edward Munyak
Registered Voter Yes
Address 94022
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
27 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I enjoy hiking and biking on LAH pathways and beyond.
All exterior pathways need to be improved and enhanced as a treasured assets to the community.
How many meetings
have you attended of
none
Munyak, Edward
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I volunteer to pick up litter from my neighbor CALTRANS @ El Monte.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I understand construction plans to a high degree.
I am familiar with the California Building and Fire Codes and other pertinent codes.
What particular area of
responsibility on this
Committee /
Commission interests
you?
I own and use my VTA clipper card on the two routes in LAH.
Education Background
and Professional
Activities
Bachelor of Science in Mechanical Engineering. Registered in the State of California.
Worked for the City of San Jose in the Planning and Building department.
Worked at SFO as a fire protection engineer for the Fire Marshal.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I enjoy and use many pathways.
They all deserve to be beatified better serve the community.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain NO
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain No
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Edward Steven Munyak P.E.
Date 5/26/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Newspaper
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
From: Ed Munyak
To: Deborah Padovan
Subject: Re: Online Form Subm ttal: Town Committee/Planning Commission Application Form Date: Wednesday, June 8, 2022 10:27:40 AM
Hi Deborah
I think the VTA BPAC may be the best fit considering that I am familiar with VTA system; and with the City of San Jose and most of the ADA and fire lane issues Edward Munyak
On Jun 7, 2022, at 8:24 AM, Deborah Padovan <dpadovan@losaltoshills ca gov> wrote:
Dear Edward,
Thank you so much for submitting an application The appointment will happen at the June 16th City Council meeting You may join in person or virtually I will send the details in advance of the meeting
Do you have a preference for one committee over the other? Or maybe both? Please let me know <image001.jpg>
Deborah Padovan, MMC
City Clerk
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA
94022
P: 650-947-2513 | F: 650-941-3160
E: [email protected]
Stay Informed
Sign up to take Town Surveys!
From: noreply@civicplus com <noreply@civicplus com>
Sent: Thursday, May 26, 2022 3:11 PM
To: Deborah Padovan <dpadovan@losaltoshills ca gov>; Chris Knopf <cknopf@losaltoshills ca gov>; Sarah Robustelli <srobustelli@losaltoshills ca gov> Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town s committees.
Preference for Serving On: VTA BPAC or Pathways
Name Edward Munyak
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
27 (Section Break)
What motivated you to
apply to serve on the
Committee / Commission?
I enjoy hiking and biking on LAH pathways and beyond.
All exterior pathways need to be improved and enhanced as a treasured assets to the community.
How many meetings have
you attended of the
Committee / Commission
for which you are applying?
none
Please describe your
involvement in community
activities, civic services, and
volunteer organizations
I volunteer to pick up litter from my neighbor CALTRANS @ El Monte.
What skills and / or I understand construction plans to a high degree.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointment to the Los Altos Hills Pathways Committee Attached for your review and consideration are two applications for appointment to the Los Altos Hills Pathways Committee:
• Rajesh Shakkarwar
• Cindy Weing
The term would run four years, beginning in June 2022 and end June 2026.
Resolution 58-22 stipulates that the membership of this committee shall consist of a maximum of nine (9) members. Currently there is one (1) opening on the committee. With this appointment, the Committee would have a total of nine (9) members and no vacancies.
AGENDA ITEM #2.E
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Wednesday, June 8, 2022 10:22:33 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Pathway Committee
Name Rajesh Shakkarwar
Registered Voter Yes
Address Los Altos Hills CA 94022
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
2 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I walk and run with my 12 year old twin daughters on the pathways and want to help make them better.
How many meetings
have you attended of
None
Shakkarwar, Rajesh
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
•. Board member Bullis-Purissima Elementary School Foundation • Oak School PTA board member for 2 years
• Chairman of Oak School Site committee for 1 year
• Member of Los Altos School District math curriculum council for 2 years
• Bullis Booster Club Board member for 2 years
• Member of the middle school planning committee at Bullis Charter School
• Room ambassador/room parent for 6 years
• Ran a career series panel for middle school children at Bullis Charter School and Christopher school in San Jose for two years.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
Experienced CEO and tech executive, Holder of 24 issued and 11 pending patents
What particular area of
responsibility on this
Committee /
Commission interests
you?
strategic planning
Education Background
and Professional
Activities
https://www.linkedin.com/in/rajeshshakkarwar/
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
Make additional pathways available and create more awareness of them
Are you aware of any No
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Rajesh Shakkarwar
Date 6/8/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Town Event
Application.
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Monday, June 6, 2022 6:20:22 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Pathway Committee
Name Cindy Wenig
Registered Voter Yes
Address , Los Altos Hills, CA 94022
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
11 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
My family moved to Los Altos Hills 11 years ago from New York City, and I was not aware that the pathway system existed until 3 years ago, when I received a letter that the Pathway Committee wanted to open a long dormant pathway through my backyard adjacent to my pool. I have been working with the Pathway Committee on this for over a year, and so I have gotten to know the issues and the people. I respect what they do for Los Altos Hills.
Wenig, Cindy
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
More than 10
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I served on the PTA of Gunn and on the PTA Council for PAUSD starting in 2012. I received an Honorary Service Award from the Palo Alto PTA in 2014 for my advocacy work in improving the District's Hot Lunch program. I am a Board member of several non-profits in the criminal justice space, including Young New Yorkers (a court diversion program for youth) and the Prison Journalism Project (training incarcerated writers), and am an advisor to Ameelio.org (free prison communications) and Jobpaths (veterans services and employment). I am currently working with the Forestry and Fire Recruitment Program, which helps incarcerated firefighters get jobs in forestry and fire fighting after release, to expand to the Bay Area.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I am a retired attorney who knows how to advocate and how to work hard. I prioritize compromise and civility in every situation and focus on the big picture. I am a team player with a good sense of humor.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Outreach to the Town - to people (like me - for almost a decade), who have no idea the pathways exist. Getting schools
(particularly high schools) involved in using the Pathway system, especially because being outdoors is good for mental health.
Perhaps local schools can be encouraged to for Pathway Walk Clubs - to help students bond and get outdoors. I am also interested in including the elderly and disabled on appropriate pathway explorations.
I am also interested in keeping the paths safe, to prevent twisted ankles and worse from occurring, and the beautification of the routes - an occassional bench, a viewing station, a poster with local history or information about flora/fauna, and keeping the paths clean from trash and dog/horse manure.
Education Background
and Professional
Activities
Princeton University, B.A., 1988
Columbia Law School, J.D., 1991
General Counsel, Apollo Real Estate Advisors, NYC
Partner, Chadbourne & Parke LLP, NYC
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
In my view, and based on my own experience, the Pathway Committee should prioritize the maintenance of existing (and repair of any dangerous) pathways and not seek to expand the pathway system into neighborhoods or properties that don't want them. I believe the Town's (taxpayers') funds are sometimes
what specific objectives
you would be working
toward as a member.
used for routes that aren't needed, or which serve a very narrow interest. There are 91 miles of pathways, plus the incredible addition of Foothills Park this year. The priorities of the Pathway Commitee should change with the changing times - more
maintenance, more outreach, less acquisition of redundant or unwanted routes, less fighting with residents.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain No existing or proposed Town or private projects or personal relationships that may create a conflict of interest.
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
Yes
If "Yes", please explain My property - a abandoned route through my backyard which has been closed for 22 years, which I have requested be taken off the MPP. I have been working with the Pathway Committee for over a year toward a solution.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Cindy Wenig
Date 6/6/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Newspaper
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointments to the Los Altos Hills Emergency Preparedness and Response Committee
Attached for your review and consideration are applications from the following individuals for appointment to the newly formed Los Altos Hills Emergency Preparedness and Response Committee (EPRC):
Former Emergency Communications Committee Members (grandfathered from ECC so no applications were submitted)
• Sam Wood
• Terry Kearney
Applications Received as of June 9, 2022
• Jim Basiji
• Benjamin Gikis
• Amita Sachdeva
• Dave Stewart
The term would run four years, beginning in June 2022 and end June 2026. When the Emergency Communications Committee (ECC) transitioned to the EPRC, two members stated they wished to continue to serve. Those two members may be grandfathered in to the EPRC by the City Council. Both individuals had terms that expired (ECC) in May and June 2022 respectively.
Resolution 58-22 stipulates that the membership of this committee shall consist of a minimum of five (5) members and a maximum of nine (9) members. With these appointments, there would be a total of three (3) vacancies.
AGENDA ITEM #2.F
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, June 2, 2022 7:42:44 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Emergency Preparedness and Response Committee
Name Jim Basiji
Registered Voter Yes
Address , Los Altos Hills Ca 94022
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
Thirty three
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I was a resident that along with two others helped Council Member Lisa Schmidt to formulate the plan for remaking the ECC into this committee
How many meetings
have you attended of
None, since this committee has not been formed. But as I noted above, I am quite familiar with the needs that this committee in Basiji, Jim
the Committee /
Commission for which
you are applying?
aiming to address
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I am a former member of the Pathway Committee, a former member of the Planning Commission, and a current member of the joint Los Altos-Los Altos Hills Senior Commission. I am also currently serving as a commissioner on the Los Altos Hills County Fire District (LAHCFD0 board of Commissioners
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
As a former executive in the multiple Silicon Valley companies, I have a good grasp of how to formulate plans and drive to execute them. As a former and present member of multiple committees in Los Altos Hills, I am very familiar with the needs, challenges, and risks our town faces in multiple front, most notably in the Wildfire and earthquake fronts. Being a current member of the Senior Commission, and the LAHCFD
Commissioners I am highly sensitized to the needs of the community, and in particular our seniors when it comes to preparedness, and after-the-event protection
What particular area of
responsibility on this
Committee /
Commission interests
you?
I am particularly interested in Wildfire pre and post event preparation and safeguarding. But there are other natural and man made disaster that we need to plan and gear up for
Education Background
and Professional
Activities
Master of Science in Electrical Engineering and Computer Science. Approximately 6 decades of professional career in the “High Tech” industry starting as an engineer and rising to the management ranks, and finally ending up in executive roles Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
As a LAHCFD commissioner, I have a first hand exposure to the threat of wildfire in our town, As a resident of the lower Page Mill Road which a designated evacuation route in the event of wildfire, I am seriously concerned about that risk. By joining this committee, I feel I can be useful and empathetic for all our town and it’s residents as whole, and bring my LAHCFD commissioner knowledge to this committee role.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
No
affect your decisions?
If "Yes", please explain I am not aware of any conflicts Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain I am not aware of any issue that will cause my to recuse myself Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Jim Basiji
Date 6/2/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Other
If other, please explain. Direct e-mail from the Town
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Town of Los Altos Hills Website
Online Resources
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Saturday, June 4, 2022 10:56:18 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Emergency Preparedness
Name Benjamin Gikis
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
Los Altos Hills
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
Many years of experience in emergency preparedness and
response, including 10 years with Sunnyvale Public Safety How many meetings
have you attended of
0-new committee
Gikis, Ben
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
Numerous activities--Parks and Rec (8 years) Volunteer Awards (8 years+), Los Altos and District 44 Little League 25 years, Sons in retirement 12 years. Held various leadership positions ion all activities
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
10 years of emergency prep/response for hazardous materials incidents, also fir incidents. Over 30 years managing and training in emergency response, incident command system, fire
prevention, safety and health and post incident review. Ability to work well on teams and committees. Strong idea generator and implimentator.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Community safety
Education Background
and Professional
Activities
BS and MS in Chemical Engineering, Numerous continuing
education courses in safety, response and prevention fields, 280 hours Hazardous Materials Responder certification (CSTI) Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
Strong background and interest in prevention, planning, safety and safe operations and emergency response
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain N/A
Are you aware of any No
issues now or
proposed that might
require you to recuse
yourself?
If "Yes", please explain Field not completed.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Field not completed.
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box Field not completed.
Signature Field not completed.
Date Field not completed.
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Field not completed.
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, June 9, 2022 11:56:45 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Emergency Preparedness and Response Committee
Name Amita Sachdeva
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
Los Altos Hills
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I have been serving as a Community Emergency Response
Team member, Supervisor and certified Trainer for the town of Los Altos Hills since 2015. I take great pride in my position as a volunteer and strongly believe in contributing to my community and helping the citizens to the best of my ability. After training in basic emergency response with our local firefighters and emergency medical response teams, I realized that CERT is an invaluable asset to our town and should be supported as much Sachdeva, Amita
as possible. We need thoughtful, motivated, compassionate and strong leaders who can spring to action when needed the most. I am hoping to bring my passion, expertise and leadership to this Committee. During the CZU fires in the Santa Cruz Mountains in 2020, my neighborhood on Moody Road received an evacuation warning and I immediately used my education in Emergency Response to help inform, evacuate and assist as many
neighbors as I could. Being able to assist in an even greater capacity with the town would be an honor.
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
I have not attended any meetings as it was communicated to me that this is a brand new committee.
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I currently serve as a Community Emergency Response Team (CERT) volunteer, CERT Supervisor, and have completed my Train-the-Trainer certification with CERT to assist in teaching CERT academies for the town. I am an avid volunteer with CERT and have tried my best to attend every meeting held in the last 7 years and contribute my time, thoughts and ideas regularly. I have volunteered in Emergency Response for the town picnic, the town's Wine and Vines event, the Earth Day Celebration, and for many of the town's CERT drills. I recently received the Santa Clara County Emergency Managers Association's Mick
McDonald 2021 Volunteer of the Year Award and the
Outstanding Achievement Award for Disaster Preparedness from the Los Altos Hills County Fire District.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I am very passionate about Emergency Response and have
shown my dedication over the years by being a strong and present member of CERT. I believe I am well connected with quite a few of my neighbors and I try my best to keep everyone informed about upcoming town events, fire safety meetings, any town projects or town programs that help with fire mitigation, hazards, etc. My neighbors know they can always rely on me to respond if needed and I pride myself in being a compassionate person who always wants to give my absolute best.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Having served in the community for 7+ years now in CERT, I am most interested in the community outreach aspect and teaching community members. I would love to help with developing the educational materials for the town's outreach programs and also bring in new ideas regarding fire safety given the swiftly changing climate.
Education Background
and Professional
Activities
I have worked mainly in Accounting and Operations in Venture Capital, Private Equity and Investment Banking firms. I am currently a Treasury Accountant with the Private Equity Firm, Hellman & Friedman in San Francisco. I have also worked in
accounting for Sequoia Capital, Woodside Capital Partners, Softbank Investment Advisers and The Gordon and Betty Moore Foundation.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I am very interested in fire safety for the town, especially after the recent CZU fires. My neighbors and I were directly affected by the wildfires and were notified to evacuate due to an imminent fire threat. Without my training in CERT and years of
involvement, I would not have been prepared to respond so quickly and efficiently as I did.
My goals in this Committee would be to help expand the
education of emergency preparedness and response in the town and create more community involvement activities to engage neighbors. Without the proper education of CERT or basic emergency preparedness, town members feel fear and
unpreparedness. I would love to work towards engaging more community members to join CERT and be more involved in town activities. I believe a strongly community pulls together during difficult times.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain.
If "No", please type
"N.A."
N/A
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain.
If "No", please type
"N.A."
N/A
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
Yes
least once monthly.
Can you be available
for these meetings?
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Amita Sachdeva
Date 6/9/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Tuesday, May 31, 2022 5:43:52 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Emergency Preparation and Response
Name Dave Stewart
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
31 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
Very interested in LAH Emergency Preparation. Seems to me that the town is woefully under prepared for wildfire, earthquake, etc. in terms of staff training and volunteer engagement. Marsha, and now Ann, are wonderful in trying to get this together legally (planning as required by statute) but practice makes perfect and I'd like to see plans made, exercised and undergo continual improvement by actually testing the plans.
Stewart, Dave
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
Dozens of ECC meetings over the years. I've been an associate member of the ECC for approximately 10 years.
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I'm most involved with the LAH County Fire District's CERT program as one of its most active volunteers: arranging training for other members, as well as back-office work like refreshing supplies, building out internet infrastructure, making town specific maps of infrastructure and large animal locations, and supporting Victoria Bebee (staff member).
I've been visible to the town, teaching fire extinguisher training at Town and Fire District Emergency Preparation Events.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
In addition to being a licensed amateur radio operator, and CERT supervisor, I'm competent to set up an internet, build a computer, understand the Incident Command System (ICS).
What particular area of
responsibility on this
Committee /
Commission interests
you?
Reviewing the town's emergency preparation plans and
coordinating with the fire district and sheriff for volunteerism. The ECC was 99% focused on ham radio, not Emergency
Communications, which should be brought into the 21st century.
An overarching review of how the town will deal with county fire and the sheriff's office in the event of a wildfire event is overdue.
Education Background
and Professional
Activities
Bachelor of Science in Engineering 1977, the University of Michigan.
40 year career in computer hardware, software, multimedia, enterprise software, computer games, vehicle service, factory software integration, machine learning.
12 yrs. in Los Altos Hills County Fire District's Community Emergency Response Team (CERT), 10 years as a supervisor working on emergency information processing during a disaster.
All volunteer.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I would work toward a comprehensive review and prioritization of town hazards, and ensure that we were working to mitigate the hazards, and prepare for an emergency. Chief among them would be wildfire and earthquake, but understanding flood, landslide, road closure risks and having emergency response plans to share with citizens would be my first priority Are you aware of any
existing or proposed
Town or private
No
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
If "Yes", please explain I answered no, but the web form demands an entry here.
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain I answered no, but the web form demands an entry here.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Dave Stewart
Date 5/31/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Other
If other, please explain. Advised Council member Schmidt on formation of Emergency Preparation and Response Committee, May Council Meeting (Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: June 16, 2022
TO: Honorable Mayor and Members of the Council
FROM: Deborah Padovan, City Clerk
RE: Appointments to the Los Altos Hills Planning Commission Attached for your review and consideration are applications for the Planning Commission by the following individuals:
• Alisa Bredo
• Bernardo Ferrari
• Dustin Owen
• Rajiv Patel
• Charles (Ed) Smith
There are currently 2 openings on the Planning Commission, each a four-year term beginning July 1, 2022 and expiring June 30, 2026. The notice of vacancies was advertised on social media and in the Town Crier two times on May 18 and June 1.
As of Friday, June 10, 2022 at 8:00 a.m., the City Clerk’s Office had not received any additional applications for this position.
AGENDA ITEM #2.G
D.P.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Friday, June 3, 2022 9:16:15 AM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Planning Commission
Name Alisa Bredo
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
Los Altos Hills
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I have lived in Los Altos Hills for most of my life, and greatly value the history and character of our town. I have also enjoyed volunteering on the Pathways Committee for the last 7 years, and have gained some familiarity with town government and how the development process works in the process. I would like to be involved as a Planning Commissioner to help shape our town's future while trying to maintain the features that make it unique. In addition to being an avid pathways user, I value the open spaces Bredo, Alisa
and friendly 'feel' of the town. SB9 integration and fire prevention are two major challenges that we face as a town in the
immediate future, and I would like to be involved in navigating a path forward to meet housing and safety needs while maintaining the semi-rural character that makes our area so special.
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
Roughly 40 (over many years)
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I am currently nearing the end of my second term on the Los Altos Hills Pathways Committee, and have been elected Chair twice and Secretary twice as well as my current role of Vice Chair . I am also the current President of Los Altos Hills Horsemen's Association and the District Commissioner of Portola Valley Pony Club. In the past I volunteered for 5 years as an HIV Test Counselor at UCSF AIDS Health Project and also
volunteered with the mounted unit of San Jose Sheriff's Office Search and Rescue as well as my companies' Emergency
Response Teams.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
As a third generation resident of Los Altos Hills, I have an ingrained understanding of our town and what makes it special.
The semi-rural character of the town means a lot to me. I'm an avid Pathways user, on the paths horseback riding, dog walking, and/or biking every day, and I value and use our open spaces on a regular basis as well. I've had experience with our town government and reviewing property development plans via the Pathways Committee. I have also attended numerous Planning Commission and City Council meetings over the years, so I have a pretty good idea of how they work and what is required of Planning Commissioners. I am eager to be involved with the Planning Commission and to ensure that proposals and
recommendations to the City Council are well thought out and in keeping with the Town's ordinances and goals.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Pathways, fire prevention/mitigation measures, SB9
requirements, and landscape screening for new projects
Education Background
and Professional
Activities
I graduated from Gunn high school before getting a B.S. in Biology at UC San Diego. After working in biotech for 7 years first as a scientist in gene expression analysis and later in automation and process development, I got a Master of Public Health from the Netherlands Institute for Health Sciences at Erasmus Medical Center in Rotterdam. Upon returning to the US I had planned to work in epidemiology but instead was returned to the biotech and
medical device industries, working in Quality Assurance at a small medical device company in Redwood City and in clinical trial service provider monitoring and management at a large biotech company. I am now a GCP Auditor at Amgen, working to ensure that the safety and rights of clinical trial participants are protected.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I feel very lucky to live in our town, with its natural beauty and easy access to amazing parks, ocean, and nearby cities. I would like to do what I can to ensure that as we continue to progress and develop as a town, we maintain the character that makes our little town so special as best we can. I'm passionate about our Pathways System, open spaces, and rural character. With that said, I realize that we will be faced with some major challenges in the next few years as we work to meet housing needs and requirements (such as SB9) while also enhancing fire and earthquake preparedness, and I would like to be involved in the process and decisions that will continue to shape our town and its future.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain No
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
Yes
If "Yes", please explain I believe plans are in development for 13830 Page Mill Rd, although I'm not sure when it will undergo Planning Commission review. Since this property is within 500 feet of a small segment of our property, I would need to recuse myself from voting on this project.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
Yes
least once monthly.
Can you be available
for these meetings?
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Alisa Bredo
Date 6/3/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Sunday, June 5, 2022 5:21:47 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Planning Commission
Name Bernardo Ferrari
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
64 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
Long term love affair with Los Altos Hills. My family has lived in the same 1916 home since 1927.I have long term interest in housing and development having owned multifamily housing in Mountain View since 1976. I recently retired from 35 years of service to the community as an orthopedic surgeon and now have some free time.
The potential major challenges required by the Housing Element will have greatest effect on Los Altos Hills since 1956 and I would Ferrari, Bernardo
like to help this transition to the future.
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
1 Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
Class President Los Altos High School 1974
Purissima School 1968
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
Long Historical Perspective
Property Manager Fayette Arms Apartments Mountain View (119 units) 2002-2010
Built house in LAH 1976
Cut apricots in LAH for Julie Packard 1968
Wintered a horse in LAH with my sister for Josephine
Duveneck1965
What particular area of
responsibility on this
Committee /
Commission interests
you?
New requirements for increased housing (ADU and possible multifamily housing) will require changes in infrastructure and resources allocation that will be very complicated and can best be addressed with a wide variety of skill sets and experiences.
Education Background
and Professional
Activities
Orthopedic Surgeon PAMF 1987-2022
Fellowship Spine Surgery 1986
Orthopedic Surgery Residency Cleveland Clinic Foundation 1981-1986
MD UCR-UCLA Biomedical Sciences Program 1981
BS Biomedical Sciences UCR1978
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
Help comply with the housing element mandates while
conserving as much of the original town founding principles as possible.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
Yes
create a conflict of
interest that could
affect your decisions?
If "Yes", please explain My sister Alicia Ferrari owns property in Los Altos Hills My children and grandchildren are beneficiaries of the Ferrari Los Altos Trust that owns property in Los Altos Hills
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
Yes
If "Yes", please explain I live in Los Altos Hills so potentially zoning changes could effect me.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Bernardo Ferrari
Date 6/5/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Town Website, Newspaper
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, June 9, 2022 4:27:01 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Planning Commission
Name Dustin Owen
Registered Voter Yes
Address , Los Altos Hills
Home Phone
Work Phone Field not completed.
Cell Phone Field not completed.
Email Address
Number of Years Town
Resident
3.5 years
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I have been involved with several boards locally and would like to do what I can to improve the processes, relations, and
communication of the Planning Committee with the Los Altos Hills community. The Planning Committee has a unique
opportunity to serve and partner with all members of the community. In conversations with residents general feedback has been that there is room for improvement in how our community is served.
Owen, Dustin
How many meetings
have you attended of
the Committee /
Commission for which
you are applying?
I have yet to attend a meeting, however have made many trips to speak with planners and use the Microfiche when it was
available.
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
Currently serve as President of St. Nicholas School Advisory Council
Previously served as:
Member of St. Nicholas School Advisory Council
Board Member - Los Altos Little League
Youth Coach - AYSO, Los Altos Little League, YMCA Basketball What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I have a unique skill set and background working in our local Los Altos Hills Real Estate market as well as several technology companies in Silicon Valley. As a real estate broker I understand how unique our Los Altos Hills community is and I want to do everything I can to continue this rich tradition. I am professional, detail oriented, and a problem solver. I have lived in Los Altos Hills for 3.5 years and given our local business I plan to stay here for as long as I can! I come from a family of engineers and combined with my two decades of sales and customer service experience, I am excited about the opportunity to partner with our local residents on their potential planning projects.
What particular area of
responsibility on this
Committee /
Commission interests
you?
I am interested to learn the Town's process for planning and potential development of property. I want to understand the position of homeowners as well as our Town in the planning and development of property. I bring a balanced approach and can be understanding to both positions on potential planning and development. I am excited to help our town position itself and work with homeowners as a result of the recent statewide mandates. I believe Los Altos Hills is an amazing place to live and want to make sure we continue to honor it's heritage and development ideals.
Education Background
and Professional
Activities
University of San Diego, BA
Broker Associate, Residential Real Estate
Negotiation Mastery Certificate, Harvard Business School Young Professional Member, Palo Alto Hills Country Club President, Saint Nicholas Catholic School
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I want to become a member of this committee for several reasons. First I would like to maximize the partnership, relationships and communications between the planning
committee and residents. Finding and creating solutions to meet stakeholders needs while balancing the needs of the town would be a priority. In addition, helping the Town navigate and create a framework for residents in response to the new statewide mandates is another objective I would prioritize. Finally, building
efficiency into our processes for our residents and Planning Commission to maximize the response time and resources
available to residents. I would like to see the Los Altos Hills Planning Commission as the standard for innovation and
technology in Silicon Valley!
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain.
If "No", please type
"N.A."
N.A.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Dustin Owen
Date 6/8/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Friend / Neighbor
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
1 Deborah Padovan
From: Dustin Owen < >
Sent: Wednesday, June 15, 2022 7:45 AM
To: Deborah Padovan
Cc: Cody Einfalt
Subject: Re: Committee/Commission Appointments - June 16, 2022 at 6:00 pm Hi Deborah and Cody,
Good morning. I wanted to let you know that unfortunately I need to remove my application from the Planning Committee role. I was re‐elected to be President of our school board again this year and will not be able to commit to the monthly meetings which are scheduled the exact same days and times. If you can keep my information on file for the next opportunity that would be great. Thanks for your time.
Best regards,
Dustin
On Mon, Jun 13, 2022 at 2:24 PM Deborah Padovan <[email protected]> wrote:
Dear Committee/Commission Candidates,
Good afternoon. Thank you all for submitting an application to serve on a Town committee/commission. We really appreciate your willingness to serve the Town as a volunteer.
I have attached a copy of the City Council agenda for June 16, 2022 so you can see what order your application will be heard. The first four appointments will be quick, with Pathways and Planning Commission taking a bit longer as there are more applicants that seats available.
The Council meeting is hybrid, meaning you can choose to attend in person or virtually. Please let me know your preference on whether you plan to attend in person or virtually as it will help me when I introduce you to the City Council.
If you would like to attend virtually, the link is below. Kindly use your name when you log in as it will be easier for us to promote you when it is your turn to speak.
https://bit.ly/June16CCMeetingLAH
Webinar ID: 891 7904 7912
Supplemental No. 1
AGENDA ITEM 2.G
Distributed 6/15/22
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Tuesday, May 3, 2022 6:26:53 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Planning Commission
Name RAJIV PATEL
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
Los Altos Hills
(Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
I am already a Planning Commissioner and have enjoyed my role for the past 4 years. I would like to continue in this role for another term.
How many meetings
have you attended of
Missed only 2 meetings over the past 4 years.
Patel, Rajiv
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
• Past Board Member and active Charter Member of TiE Silicon Valley, a not-for-profit organization. For this organization, I have volunteered to organize and run conferences, participated in programs to teach Entrepreneurship to the youth in our
community and help in fund raising.
• Existing Planning Commissioner in Los Altos Hills.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
• Knowledge of the building codes, environmental, open space and pathways regulations for Los Altos Hills. Have read and have a working understanding of the LAH General Plan document. • Working on the EDPC has prepared me well in the ability to read and review plans in our town.
• Working closely with professional team on my home project has also provided me first-hand experience on construction issues in our town and has given me a better appreciation of the hard work and challenges faced by the town staff. It has also given me a better understanding of what it means to collaborate with neighbors while building a home in this wonderful community. • My engineering background provides me with the ability to review technical matters in the plan proposals quickly and in depth. I was one of the EDPC appointees to the Metal Roof subcommittee of the planning commission to discuss reflectivity, color and other such technical aspects.
What particular area of
responsibility on this
Committee /
Commission interests
you?
The strategic initiatives like the Housing Element and General Plan updates are of specific interest to me.
Education Background
and Professional
Activities
I have a Master’s degree in Computer Engineering from
University of Texas at Austin, TX and a Bachelor’s degree in Electrical and Electronics Engineering from BITS, Pilani, India.
I am a seasoned technology executive with over 30 years of experience in the networking, computing and imaging fields. My technical contributions have spanned the areas of Silicon and Systems for which I have been awarded several patents. I worked at Juniper Networks for over 17 years, starting from when it was founded in 1996. Prior to Juniper, I had also worked at Xerox and Sun Microsystems
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
• I really enjoy the rural environment with open space and pathways that Los Altos Hills provides its residents. This was one of the primary reasons for me to build my dream home in this town. I would like to help support the town’s vision in maintaining this rural environment.
• I have an interest in architecture, landscaping and the
what specific objectives
you would be working
toward as a member.
preservation of our environment.
• I am interested in giving back to the community and also have the time availability to do so.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain No conflicts
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain No issues
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Rajiv Patel
Date 5/3/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
Town Newsletter, Town Website
and Membership
Application.
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
From: [email protected]
To: Deborah Padovan; Chris Knopf; Sarah Robustelli
Subject: Online Form Submittal: Town Committee/Planning Commission Application Form Date: Thursday, May 5, 2022 3:56:38 PM
Town Committee/Planning Commission Application Form
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: 650-941-7222
Fax: 650-941-3160
About this Application
Town citizens are encouraged to apply at any time to serve on the Town’s committees, and certain special appointed positions. Applications are reviewed when openings are available; qualified applicants will then be invited to interview with the City Council. This application is intended to assist the City Council to learn more about you and your interests in serving on one of the Town’s committees.
Preference for Serving
On:
Planning Commission
Name Charles E.. Smith
Registered Voter Yes
Address
Home Phone
Work Phone Field not completed.
Cell Phone
Email Address
Number of Years Town
Resident
47 (Section Break)
What motivated you to
apply to serve on the
Committee /
Commission?
Currently a member and feel I can contribute by continuing on the commission.
How many meetings
have you attended of
at least 49
Smith, Charles (Ed)
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
Before being selected to the Planning Commission I was on the Environmental Design and Protection Committee for four years.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
Experience with Town Municipal Code and Policies and
Procedures, as well as hands on experience while serving on the Planning Commission.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Maintaining our semi-rural atmosphere and resisting
overdevelopment by strictly enforcing and resisting the granting of variances.
Education Background
and Professional
Activities
PhD in Engineering, architectural experience in design of residential structures including ADUs.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I have been a member of the Planning Commission for four years and have enjoyed it very much. I feel I have contributed to the upholding of Town regulations and would continue to do so.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain None other than recusal if I am within 500 ft of project.
Are you aware of any
issues now or
No
proposed that might
require you to recuse
yourself?
If "Yes", please explain None other than recusal if I am within 500 ft of project.
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Charles E. Smith
Date 5/3/2022
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Town Newsletter, Town Website
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be directed to the City Clerk at 650-941-7222.
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AGENDA ITEM #2.H
2. PRESENTATIONS AND APPOINTMENTS
H. Presentation by City Attorney Providing Information on Brown Act Requirements, Options, and Limitations Related to Ad Hoc and Standing Committees
This will be presented verbally.
1 Deborah Padovan
From: Rhoda Fry >
Sent: Monday, June 6, 2022 5:31 PM
To: City Council
Subject: Los Altos Hills Public Comment for next Council Meeting - Comments Santa Clara County Agenda Item #29 Lehigh
Attachments: 2022-6-6 BOS LEHIGH VIOLATIONS COMMENTS.pdf; labor safety NEW.PDF; 2013 Lehigh Fire - reduced file size.pdf; Hernandez - lists criminal counts.pdf Dear Town Council,
On June 7, Lehigh will be on the Santa Clara County Board of Supervisors meeting Agenda Item #29.
Attached are my comments and supporting files.
Regards,
Rhoda Fry
Supplemental No. 1
AGENDA ITEM #3
Distributed 6/15/22
MM DD YYYY I
Lapo80 .I |9J LulLalL2Q.13l |±9L 113-0270009 lLJPPJ Echange FD|D * State* Incident Date * Station Incident Number * Exposure * HNo a Location*
E
I
I
I
I
Street addrega
Intersection
In front of
Rear of
Adjacent to
EDirections
EMedule ln Section a nA1[eraacive Locacion Specification". Use only for Wildland fire8 I 24o01| LJ STEVENS CREEK
Number/Milepost Pref ix Street or Highway
I_I
CUPERTINO
Apt./Suite/Room C`ity
I _ I-LJ
IBL I LJ
Street Type Su€fix
l£±Jl95ol4 I-I I
State Zip Code
C Incident Tape *
Of f -road vehicle or heavy
Incident Type
D
Aid Given or Received*
1 EHutual aid received
2 EAutonatic aid recv.
3 Emutual aid given
4 HAutonatic aid given
5 Eother aid given
N EE]None
LILJ
Their FI)ID Their
State
11 The i r
Incident Number
EI Date a Times rfudnight is oooo
check bc»ces if Month Day Year Hr Hip see
8:::T=a:rfi:E: ALAIM always required Date. A|am* LQ±] |j]j I 2013||05:42i:15| ARRIVAI, required, unless canceled or did not arrive
E Arrival* |J±| L2JJ| 2013|!05:54:24!
CONTROLLED Optional, Except for wildland f ires
Econtro]]ed LL LL L__ I, ,
LasT UNIT CLEARED, required except for wildland fires
E I:::a:n=t LP±| L£ZJ |L£±±||_±7:50:54__I
E2 Shit t a Alarms
Local Option
EL LqlcT¥ I
Shift or Alarms District
Platoon
E3
Special Studies
Local Option L-LSpecial
Study ID# §:::;ataiue
F Actions Taken*
lLLl Extinguishment by f ire
Lu Incident command
E] EE , Provide f ire
Completed Modules
EFire-2 I
I
I
I
I
I
S t rue ture - 3
Civil Fire Gas.-4
Fire Serv. Gag.-5
EKS - 6
HazMat-7
Wildland Fire-8
EE]APparatus-9
EE]Persormel-|o
EE]Arson-11
GI Resources *
E
Apparatus Personnel
Suppression I OolQ.I I 0032| EmsL--
other L J L i
H1*CagualtiegENone
Deaths Injuries
::::ice L- Lcivi|ianL|L I
H2 Detector
Required for Confined Fires.
1 EDetector alert.ed occupants
2EDetector did not alert then
u I uninoun
I Property use* Structures
131 Hchurcb, place of worsbip
161 I Restaurant or cafeteria
162 |Bar/Tavern or nightclub
213 HElementary school or kindergarten
215 EHigh school or junior high
241 HCollege, adult education
311 Hcare facility for the aged
331 HHospical
Outside
124 Eplayground or park
655 Ecrops or orchard
669 HForegt (timberland)
807 HOutdoor storage area
919 EDump or Sanitary landfill
931 EOpen land or field
Fire Department
G2 Estimated Dollar Losses a Values
LOSSES: Required for all fires if known. Optional
for non fires. None
propertys| oo?1,I oQQL| ooo| I
contentssL I,I ooo|,I OOQJ E
PRE-INCIDENT VAI.UE: optional
property s|_. .J'|. OOQ_I,L. ooo| I
contents sL J'L_ ooo_I,L OOQ.I E
3 Hazardous Materials Release I
I
None
Natural Gas : Blow leak, ao ovauation oz. Hazmt acciofie Hpropane gas: <2i ii]. tanic (aB ia hone BBQ grill) I
I
Gasoline : vohlcle fuel canlc or pogtal.l® concaia®r
Kerosene : fuel burning equipment or portable 8torago
EDiegel fuel/fuel Oil:vehicle fuel tank or portable I
I
I
I
HOusehold SOIventg : hone/o££ice 8pill, cleanup ol`1y
Motor Oil : £ron engine o= portable contaiaor
Paint: £ron paiac cane totaling < 55 9allonB
Other: Special Eazllat actioaB r®q`iirod or apill > 55g®1., 341 I clinic,clinic type infirmary
342EDoctor/dentist office
361Hprison or jail, not juvenile
419H 1-or 2-family dwelling
42 9 I Multi-family dwelling
43 9 I Roaming/boarding house
449HCormercial hotel or motel
459EResidential, board and care
4 6 4 I Dor.mitory/barracks
519D Food and beverage sales
936 Evacant lot
938 EGraded/care for plot of land
946 EI-ake, river, Stream
951 HRailroad right of way
960 Hother street
961 HHighway/divided bighway
962 HResidential street/driveway
I Mixed Use Property
Not Mixed
Asseul3ly use
Education use
Medical use
Residential use
Row of stores
Enclosed mall
Bus. a Residential
of I ice use
Industrial use
Military use
Farm use
other mixed use
539 I Household goods,sales,repairs
579 I Motor vehicle/boat Bales/repair
571 I Gas or service station
599 I Bugilless office
615 I Electric generating plant
629 I I.aboratory/science lab
700 I Manufacturing plant
819 HI]ivegtock/poultry storage (barn)
882 I Non-residential parking garage
891 I Warehouse
981 I Construction site
984 I Industrial plant yard
;g:k:gv:nsosn:a:cfe:r:p3=53e¥:; 8ggeb8£+y i f
Propertyuse |679 I
Mine, quarry
NFIRS-1 sion 03
01/27/2013 13-0270009
KI Person/Entity Involved
I.ocal option
[1
LEHIGH SOUTHWEST CEMENT COMPANY
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK
SABAWI
|408 I-|996 I-|4231 I
Area Code Phone Number
11 CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
Apt./Suite/Room city
LEal i95Oi4 I_, I
State zip C.ode
More people involved? Check this box and attach Supplemental Forms (NFIRS-1S) as flecegBary K2 0uner I i;:: :£e:;r:3:§±3;V:1::a?skip
The rest o£ Chi§ section.
Local Option
11 LEHIGH SOUTHWEST CEMENT COMPANY
CEMENT GROUP
Mr.,Ms., Mrs. First Name
124001 I LJ STEVENS CREEK
HEIDELBERG
|408 I-|996 I-|4231 I
Area Code Phone Number
Post Of i ice Box
LEI |95oi4 ,_, ,
State zip Code
Apt . /Suite/Room
L- CUPERTINO
LJ
Suffix
lBL I LJ
Street Type Suffix
L Remarks
I.ocal option
1. Engine 16, Rescue 14, and Battalion 14 responded to report of a possible vegetation fire in the hills near Freeway 280. Additional information from County Communications indicated an updated location at the Lehigh Cement Quarry. Battalion 14 upgraded the response to a structure response, causing Engine 7 to be attached to the call.
2. Engine 16 and Battalion 14 arrived on scene concurrently at the security gate of the Lehigh Cement Plant. They were met by an escort car, who escorted both units to the fire scene approximately 2 miles uphill from the gate. Battalion 14 established Lehigh Incident Command, and Engine 16 crew arrived to f ind a row of very large dump trucks parked side-by-side with 4 vehicles fully involved with f ire and two trucks being threatened by f ire .
3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.
Rescue 14 crew was assigned Water Supply and their personnel evaluated the water sources on scene, which consisted of water storage tanks and water tenders. Incident Command requested two additional fire engines.
Engine 7 crew arrived and was assigned to Fire Attack. Battalion 2, Engine 1, and Engine 2 arrived. Battalion 2 was assigned Safety Officer and both Engine 1 and Engine 2 crews were assigned to Water Supply. These units provided their tank water and provided water shuttle operat ions .
in agency representative from Lehigh provided a driver who was able to move the two trucks being threatened by fire. The two outside trucks were moved to a safe location. A continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting L Authorization
116475 J
Off icer in charge ID
=:fDEE= -_ I
as of I icer Member making report |D
in change.
Salazar, Richard
Signature
Mayf ield, David
lBC I lE16 I L£±] |±±J| 2013|
Position or ranlc Assignment Month Day Year
|c I |E16 |LHLE| 2013|
Position or rank Assignment Month Day Year
43080 01/27/2013 13-0270009
MM DD YYYY CompleteNarrative
I 43080 I |£±J |LJ L2|J I 2013 I I Ilo I I 13-0270009 I I ooo I FDID * State * Incident Date * Station Incident Number * Exposiire * Narrative :
1. Engine 16, Rescue 14, and Battalion 14 responded to report of a possible vegetation fire in the hills near Freeway 280. Additional information from County Communications indicated an updated location at the Lehigh Cement Quarry. Battalion 14 upgraded the response to a structure response, causing Engine 7 to be attached to the call.
2. Engine 16 and Battalion 14 arrived on scene concurrently at the security gate of the Lehigh Cement Plant. They were met by an escort car, who escorted both units to the fire scene approximately 2 miles uphill from the gate. Battalion 14 established Lehigh Incident Command, and Engine 16 crew arrived to f ind a row of very large dump trucks parked side-by-side with 4 vehicles fully involved with f ire and two trucks being threatened by f ire .
3. Engine 16 crew was assigned Fire Attack and deployed two 2.5" hoseline's to the fire.
Rescue 14 crew was assigned Water Supply and their personnel evaluated the water sources on scene, which consisted of water storage tanks and water tenders. Incident Command requested two additional fire engines.
Engine 7 crew arrived and was assigned to Fire Attack. Battalion 2, Engine 1, and Engine 2 arrived. Battalion 2 was assigned Safety Officer and both Engine 1 and Engine 2 crews were assigned to Water Supply. These units provided their tank water and provided water shuttle operations .
An agency representative f ron Lehigh provided a driver who was able to move the two trucks being threatened by fire. The two outside trucks were moved to a safe location. A continuous water supply was established with Engine 1 and Engine 2's water tanks, drafting by Rescue 14 crew from a stationary tank, and from water pumped into Engine 16's tank overflow box by two water tenders provided by Lehigh Cement Plant.
We found fuel and hydraulic fluid leaking from all of the burning trucks. A representative from Lehigh Cement was able to use a bulldozer to build a dike around the leaking f luids for containment. The fire was brought under control approximately an hour and forty minutes after Engine 16's crew arrived.
Investigator Davis arrived later and started investigating the cause and origin of the fires.
Pacif ic Gas and Electric was initially notif led and responded to the front gate of the complex, but they were canceled by the facility's representative because the power lines in question are on private property and maintained by Lehigh Cement Plant employees.
4. Multiple representatives from Lehigh Cement Plant were present throughout the event to assist fire department personnel. The City Manager of Cupertino also was notified.
Other three involved vehicle's information:
#2 . Caterpillar, Model 777C, VIN: 4X.00525, year is 2000. #3 . Caterpillar, Model 777D, VIN: AGC00478, year is 2001 #4 . Caterpillar, Model 777D, BIN: AGC2531, year is 2006 43080 01/27/2013
A i43o8o I lad iE]ij2HJ¥±] Lpei ii3-o27ooog I Ljpp] E]::::::
FDID * State* |nc.ident Date * Station Incident Number * Exposure * ENO Activity a Property Details
81 I I ENotReBidential
Estimated Number of residential. living units in
building of origin whether or not al.i units
became involved
82 I__ I EBuildings not involved
Number of buildings involved
83 I__ I ENone
Acres burned
(outside f ires) EIIess than one acre
C on-Si te Material g E None ::gp:::eoifc:::::a;:I:.:Z¥s:i!:ifj::::gy cir or p roduc t 8 ;!:;:::;:I:£e€;::u::Sn:: :£:;r£:::in:n|:3:I ved Enter up to three codes. Check one
or more boxes for each code entered.
Construction
11 TIIIII±
Bulk Storage or warehouging
ProceEIging or manufacturiag
Packaged goods for sale
Repair or service
Bulk Storage or warehou8ing
ProceEIging or manufacturing
Packaged goods for Bale
Repair or service
Bulk Eltorage or warehouBing
Processing or manufacturing
Packaged 9ood8 for gale
Repair or service
Cause of
D Ignition
D1!83 I Engine area, rurming
Area of I ire origin *
D2 Ezu Undetermined
Heat source *
D3EJ
Item f irgt
D4!1
Undetermined
ignited * 1 E:::a:a:::a:: ::I:b;:::a
Type of material
F] Equipment Involved In Ignition
RlNone 1£ Equipmeat wag Dot involved,Skip to
Section a
!NEN_J
Hi Mobile Property Involved
I None
1 ENoC iavolved ia igaition, but burned
2 Hlnvolved ia lgnitioh, but did not bum
3 E Involved in igrnitloa aad burned
Ecbock box if Chi8 i8 an oxpogure report.
Skip to Sect.ion a
1 EInteatioaal
2E
3 EFailure of equipmeDc or heat source
4 EJlct of nature
5 EcauBe under investigation
Cause undetemlned af tor inveBtigatlon
Factors Contributing To Ignition
EL
F2 Equipment power
L-I_ I
Equipment Power Source
F3 Equipment Portability
1 EPortable
2 Hstationary
Portable equipment normally can be
moved by one person, is designed t
be use in multiple locations, and
requires no tools to install.
E3:=i::::::gTo Ignition
Check all applicable boxes
1 EAsleep ENone
2 EPos8ibly impaired by
alcohol or drugs
3 Eonatcended person
4 EPos8ibly mental disabled
5 Ephy8lcally I)i8abled
6 HMultiple persoas involved
7 HAge was a fact.or
::::Tnt::v:::.:f LL
1 EMale 2 EFemale
a Fire suppression Factors
Enter up to three codes. HNone
I___ I
HllllE
I_J
H2 Mobile Property Type a Make
|£PJ !Industrial, constr. , i
Mobile property type
EH Caterpillar
6HK00157
Local Use
Epre-Fire Plan Available
Scare of t.he izif ozmat.ion pre8encod in
this report, nay be baBod upon reports
I roe other AgencleB
HArson report attached
HPolice report attacbed I Coroner report attached
DOcher reports attached
lJFIRS-2 Revision 01/19/99
43080 01/27/2013 Page 79 of 671
A ,ro|D43o*8o , ±* L±-E*, yy2YOY13 , ,stab:?n , ,|nc:a:n-toN2:3roo*9 , ,Exposuor:oi E]:::::: Ap:a:r:a:tru:Se:or a Apparatus or * I)ate and Times Sent Number Use Actions Taken Resource Check if same as alarm date E
o£* Check ONE box for eachapparatusCoindicate
Month I)ay Year Hour Min People its main use at theincident.
E ID1872 I
Dispatch EE|L||jz||J4±2| 106:25 I
E LJ Esuppregsion LHLJ
Txpe L22J
Arrival ill|L||iz|||£±2| 106:25 I HEMS LJLJ clear EELjL4L±,o7:13 , Eother E] ID1874 I
' =.= t;' ' , `
E L| illsuppression LqLJ
Type EL
Arrival EE[L[,jz,|j4±2L ,05:54 ,
clear EE|LjL4,,±±±] ,17:o5 ,
EEMS LJLJ Eother
E ID|DTlrv I Dispatch En|L||j]||j4±2j 108:051
E L| Esuppregs±on Lil LJ
Type EL
Arrival m|+||±Z||J4±±| 108:43 I HEMS LJLJ clear ELjL4,L±,17:14 , Eother E IDIE71 I
Dispatch rm|+||jz||±±2j lo6:o31
E L| ESuppresBion Lzfl LJ
Type Lfl
Arrival EE|L| 27|+4±2| 106:Ill EEMS LJLJ clear EgLJLflL-1o8:581 Eother E II)E721 Dispatch RI |L||JZ||J4±!j 106:051
E LH illsuppresgion LJ4 LJ
Type LEL
Arrival I+I 27L± 106:15 I HEMS LJLJ clear EELjL4L±,o7:56 , Eother E IDIE75 I
Dispatch EE|L||jz||£±2] 106:031
E L| illsuppression Lul LJ
Type EL
Arrival EIL I I I E"S LJLJ clear EE]LjL2Z]L± ,o6:o5 Eother E IDIE76 I
Dispatch EE|L|L¥||J4±2| 105:431
E L| Esuppresgion LHLJ
Type LEL
Arrival EE] 127L±105:54 HEMS LJLJ clear EgLjL4,L± ,14:47 Eother E IDIE77 I
Di8patchillLjLpr|l 2013| 105:51 I
E L| EESuppre8sion L±LJ
Type Lfl
Arrival 127| 2013| |05:56 EEHS LJLJ clear EELjL4lL± ,o8:57 Eother E IDIE77 ITypeLEL
I]iBpatch mLtl|±z||+±±±j 112:32 IArrivalill|L|L2J|||4±2|112:32I E Lu E]Suppregs±onHEMS Lzfl LJLJLJ
Clear EB|L|LZJl|±±±| 117:Sol Eother
43080 01/27/2013 13-0270009
A ,FD|D43o*80 , ±* L±-E*, yy2YOY13, ,scat:?A , ,|nc:a:n-toN2:3roo*g , =:qL E]:::::: Ap:p:a:r:a:tru:Be:or 8 Apparatus or * Date and Times Sent Number Use Actions Taken Resource Check if same as alarm date E
of* Check ONE box for eachapparatustoindicate
Month I)ay year Hour Min People its main use at theincident.
E IDIE79 I
Dispatch EE|+||JZJ|JP±2] 112:321
E L| illsuppreBsion Lzal LJ
Type Lfl
Arrival illLJL41 20131112:32 I
Clear ELJLql 20131|12:32 I
HEMS LJLJ E0ther
E IDIR74 I
I)igpatchEELJL4120131105:43 I
E L| illsuppregeion LdLJ
Type lfl Arrival EE|Lfl|jz||J4±2| 105:57 I
clear EELjL4L±,o8:58 ,
HRIS LJLJ Eother
E] IDIR74 I
Dispatch rm|+||jz||jp±±] lil:421
E L| fflsuppressfon Lul LJ
Type Lfl
Arrival EB|L||JZ||J4±2| 112:37 I
Clear EILJL4120131117:06 I
EEMS LJLJ Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBBion LJLJ
Type LL
Arrival ELLLLL_ I I
clear ELJLJL-I I EEHS LJLJ Eother
E IDl I I)i8patch I LJLJL-I I I LL ESuppreg8ion LJLJ
Type LL
Arrival LJLJ| I I I
clear E|..JLJ|L-I I EEMS LJLJ Eother
E IDl I Dispatch I LJLJL-I I I LL ESuppreBgion LJLJ
Type LL
Arrival ELJLJL-I I
clear DLLLL,i_ , , EEHS LJLJ Eother
E IDl I I,±gpatch ELLLLL_ I ,I LL Esuppression LJLJ
Type LJ
Arrival ELLLLL_ I , EEMS LJLJ clear ELJLJ|L-I Eother
E 11)I I
Dispatch |LJLJ' I I I I LL ESuppreBsion LJLJ
Type LL
Arrival |L I 11
clear ELJLJL-I HEMS LJLJ Eother
E IDl I Dispatch ELLLLL_ , I I LL ESuppregsion LJLJ
Tape LL
Arrival I I I I E"S LJLJ clear ELJLJL-| Eother
Type of Apparatus or Resources
Ground Fire Suppression Marine Equipment More Apparatus? 11 Engine 51 Fire boat with pump Use Additional
12 Truck or aerial 52 Boat, no pump Sheets
:; :::::rt:u:Fper cchination s5u°p:::±tneE;P:::aetnuts ' Other other :: =:u£3±::=:I:u::::::±oann: :::::±ght±ng) :: :::::h::: :::a::::a Support :: :::::eo::=dc::Bt Heavy Ground Equipment 60 Support apparatuBJ Other 93 HazMat unit 21 Dozer or plow Medical a Rescue 94 Type 1 hand crew
22 Tractor 71 Rescue unit 95 Type 2 baad Crew
24 Tanker or tender 72 urban search a rescue unit 99 Privately owned vehicle 20 IIeavy equipment, other 73 High angle rescue unit 00 Other apparatus/resource A:1:r::::f:t::::rf|xed wing tanker ;; :::L¥a::and rescue unit,other : ::::termLned 43 Helicopter
40 Aircraft, other NFIRS-9 Revision 11/17/98
Fire Department 43080 01/27/2013 13-0270009
MM DD YYYY A ,ro|D43o.8o , ±, L±.haLgJ.L=LQ±=J ±:+ ,Ice:i-to=Jroo,9 , ±g:+. E]:i:NFIRS - 11 Argon
8 Agency Referred TO INone
Agency Name
I 1-I I-L I
Agency Phone Number
TIIIIIE Their FDID
C Cage Status
1 Hlnve8tigation open
2 Elnvestigation closed
3 HlnveBtigation inactive
:El::::::n;:::::::;:ional
D Availability of Material First Ignited
1 |TranBport to Scene
2 illAvailable at scene
U Hunhaoun
E Suspected Motivation Facto
11 I Extortion
12 ELabor unrest
13 ElnBurance fraud
14 I Intimidation
15 HVoid contract/lease
21 Epersonal
22|H
23DI
g Check up to three factors
42 I vanity/recognition
te crime 43 DThrills
gtitutional 44 H Attention/sy"patby
45 I sexual excitement
51 EHoricide
vil unrest 52 ESuicide
replay/curiosity 53 I DoneBtic violence
54 HBurglary
61 I Homicide concealment
62 I Burglary concealment
63 EAuto theft con8ealment
64 EDegtroy records/evidence
00 H other motivation
UU BI Unknown motivation
F Apparent Group
1 HTerrorist group
2 I Gang
Involvement
Check up to
three facto
3 I Anti-goverrment group
4 I Outlaw motorcycle organiation
5 H0rganized crime
6 HRacial/ethnic hate group
7 EReligious hate group
8 Esexual preference hate group
0 Bother group
N ENo Group involvement, acted al
U I Unknoun
H Incendiary Devices Select one from each category
CONTAINER NN I None
11 EBottle (Glass) 14 Epre8surized container 17 EBox
12 EBottle (Plastic) 15 Ecan 00 Eother container
13 HJug 16 EGasoline or fuel can UUHunknown
IGINITIORT/DEI.AY DEVICE EN I None
Gi Entry Method
mlllE Unknoun
11 Hwick or Fuse
12 Dcandle
13 I cigarette a Matchl)ook
14 I Electronic Coxponent
15 EHechanical Device
16 ERenote Control
17 ERoad flare/fuse
18 Echemical Coxponent
19 I Trailer/Streamer
20 H0peh flame Source
00 Hother delay device
UU H unknown
G2 Extent of Fire Involveme|it
L-I Fully involved
on Arlival
I Other Investigative Information
Check all that apply
1 ECode violations
2 Estructure for sale
3 I structure vacant
4 Eother crimes involved
5 EIllicit drug activity
6 Hchange in insurance
7 I Financial problem
8 EE criminal/civil
actions pending
FUEIJ
11 E Ordinary Combustibles
12 I Flarmable gas
14 EIgnitable liquid
15 I Ignitable Solid
Property Oimership
t:{ I
I
I
I
I
I
I
private
Ci ty , town , vi 1 lage , local
County or parish
State or province
Federal
Foreign
Military
Other
16 I pyrotechnic material
17 E Explosive material
00 E0ther mterial
UU B] Unknorm
EN I None
Initial Observations
Check all that apply
Ewiadows ajar 5 I Fire department forced entry
EDoors ajar 6 nForced eatry erior co FD arrival
EDoors locked 7 Hsecurity Byscem activated
EDoorg unlocked 8 I Secul.icy present, (didn't activate) L Laboratory used
lit.ocal 3DATF
2Estate 4EFBI
Cbeck all that apply
5 Bother 6 Dprivate
Federal NHNone
NFIRS-11 Revision 11/17/98
01 / 27 / 2.OL3 Page 82 of 671
i
E CRIME D CITED & RELEASED BATS NUMBER
CASE
SANTA CLARA COUNTY
FIRE DEPARTMENTCA-0432000 I ARREST I INJURy 1 3-0270009 G 'NST
DOFFICER DBOOKED
EFELONy EMISDEMEANOR DINFRACTloN ESERv|cE I F'REARMTYPE I EYo%Ec8:F E#igR/5EET E&#E#?UTT'N REPORT TYPE ocCuRRED DATE451(d)P.C.ArsontopropertyoNORFROM01/27/13 TIME DAY 0100 Sun0542Sun
N OF EVENT To 01/27/13
24001 Stevens creek BIvd, Cupertino, CA 95014 REpqRTED 01/27/13 0542 Su n :V'=_V'C"Ess :5.,=%Efi8RT'NGPARTY I 34ogo6Gc. vEHicLE# RECoRDER# DATE TIME W. - W'TNBATS V
LAST. FIRST, MIDDIE D STATE OF CA RACE SEN o0B H.T I i
ENTRYNEEDEDI
LEHIGH Hansom Cement Plant PRIMARY LANGUAGE 1] OTHER_
a ENGLISH I SPANISH D VIE.TNAMESE
DISPOSITION
CTIM ADVISED. H SEXUAL ASSAULT DVICTIM AVITNESBABSlsTANCE DDOME STIC VIOLENCE VlADDRESS Clrv STATE ZIP PHONE972653-5500
I ARRESTDUNfollNOEDBACTivEFrtyAI3SONIINITIACTIVEF/USlilFTINVESTIINACTnrfeBTODAFORcOMpulNTaINFORIAT10N 24001 Stevens Creek BIvd. Cupertino CA 95014
EMPLOYER
I:ccupATioN I SSN I DLNu.MBER I ST:ne
WORK ADDRESS CITY STATE ZIP PHONE4089964211
VICTIM INFof`VATION. D NON DI LOSURE(WllEREAPPLICABLE) DINJURY HSART t]BL000 EURlNE I PHOTOGRAptls W1
LAST, FIRST. MIDDLE I STATE OF CA FIACE SEX DOE HT WT
ONLY.N0CRIMEaTO0F`lcINiuREPOR,ICLEARED/CLOSED1]cLOSEl)BtEXCEPTION: W M - 6 -01 240 PRIMARY LANGUAGE I OTHER_EENGLISHISPANISHIVIETNAMESE
VICTIM AOVISED` a SEXUALADDRESS AS AULT nvicTiM AVITNEss A§sl§TANCE DDOMESTicvioLENCE CITY STATE ZIP Pl10NE
a DEATH OFOFFENDERBPROSECUTION I'-'IIIL CA
- ..
EMPLOYERLEHIGH Hanson CevroRKADDREss OCCUPATION SSN DL NUMBER STATE DECIIN8OIvlcT"REFUScOrocOOpERATE ent Plant HR CA
BIvd.
CITY STATE ZIP95014 PHONE
I JUVENILEN0Custooy(NOTREFEREOTOJPD)COPIESICAMPBEILPO0LOSGAfosPOHLOSALTOSPOBSAMJo9EPD 24001 Stevens Cree Cupertino CA ---___ _ NFORVATION. H NON DISCLOSuREOwHEREAPPLICABLE) I INJURY D SART DBLOOD I] uR lNE DplloTOGRAPHS VICTIM IvroTiMVEHIK;iE yEAF`
MAKE M O0EL BODY TYPE COLOR LICENSE/VIN I STA"
iNFORATroN
:°vTc:ME(LAST FIRS"lDDLF) ADDRESS CITY/STATE ZIP I DAMAGETovEH|CLE VIC" VEllICLE WAS. D STOLEN D MPOuNDED DSTORED BSECuRED AT SCENE H RELEASED TO OWNER D HELD FOR PRINTS . PRINTED PROPERTY CODES UCR PF`OPERTY CODES
D SHEFtlFF OEPTDJPDtJO^BCouRTBarHERO"ERFORMSBJCRDOvOHATEBELOERDCHILDB118G<3dOANGBPHOTOSCENEDFINOEf`PRINTSOORuCFIELOTESTBPROPERTYaEVIDENCEDDIAORAMt]CF`lMELAJ3 D= Destroyed/ Damaged/ VandL=lostS=StolenR=Recovered(PreviouslyStole8=BothStolenandRecoveredallzed 3= Seuwr:nrycyINC=Clathingandn,:::Offl=ilyE:t.::F=rvs/Radiosotes/ Etc. G= FlreamsH=Household GoodsFursl=ConsumableGoodsenvehicleJ=LivestockmentK=Miscellaneous/Stereos/Etc.
M 0 unkown Suspect(s) purposefully ignited four packed dump trucks. lTEM#ODE QIY BRAND MODEL DESCRIPTION OF PROPERTY SERIAL # VALUE C1DK
1 CAT 7858 064 Dump Truck 6HK00157 1.5M
1DK 1 CAT 777C 070 Dump Truck 4XJ00525 1.3M1.3M
1DK1DK 1 CAT 777C 071 Dump Truck AGC00478
1 CAT 777C 079 Dump Truck AGC2531 1.3M
ADDITIONAL OFFICERS
ASsoCIATED CASE NUMBERs BATS ENTFrv 8v: OATE PF`ceEssEDSCCSC#130660099W ME)EF` o^ Po OF 5faF;i:9BA;E7{t EPROH" il;3u.M% ;H;FTH^:"HR aA;E,27,.3 \ EN `°ftffi3} °5 B® ,
.
Rev. 04#010
REPORTTYPE H SUPPLEMENTAI SuSPECT PAGE
SANTA CLARA COUNTY
FIRE DEPARTMENT
CA-0432000
BATS NUMBER CASE
13-0270009
COMPLAINT REVIEW . INFOONLY E AT LARGE H SEE JCR I BcOKED I crrED IA§T. FiRST, MiDDue
iNntRPRETER a spAVlsH E viETNAMESE
NEEDED: D OTHER
RELATIONSHIP T0 VICTIM
Employ®®
ADDRESS --_--------I-_-
BUSINESS ADDF{ESS/ SCHOOL NAME AND ADDRESS
COL NUMBER :__ CLOTHING
HAIR STYLE
B AFRO
B BALD/ SHAVED
I BRAiDEO
D COLLAR
I CREW CUT
H LONG
D PONY TAIL
IJ PUNK
I SHORT
I CONIACTS
D GLASSES
D SUNGLASSES
WORK ADDRESS
COL NUMBER
CLOTHING
llAIR STYLE
D AFRO
I BALD/ StIAVED
I BRAIDED
D COLLAR
D CREW CuT
I LONG
D PONY TAIL
D PUNK
I SHORT
0 CONTACTS
I GLjrssEs
1] SUNGLASSES
HAIR TYPE
I RECEEDING
I sTfouGm
=#AGV/YT/oC#pRELEY
n BOOKED
LAST, FIRST, MIDDLE
HAIR TYPE
B RECEEDING
I STENGHT
H WAW/ CURLy
d "ev ToupEE
SuSPECT VIHICLE INFORMATloN
SUSPECT #
ADDmoNAL iDENTiFIEFzs : H LOWERED
FACIAL HAIR
I BEue
B CLEAN SHAVEN
I FU INCHu
H GOATEE
D LOWER LIP
I MUSTACHE
I SIDE BURNS
D UNstIAVEN
CLOTHINO
I CAP/ HAT
D GLOVES
I MASK
FACIAL HAIR
I BEARD
q CLEAN SHAVEN
I FU INCHU
D GOATEE
I LOWEB LIP
I MuSTACHE
I SIDE BURNS
I UNSHAVEN
RAISED H SPECIAL
R/0 RIME (LAST. FIBST. MIDDLE) I SAME AS SUSPECT #
SUSPECT vEHicLE WAs: n STOLEN
OFFICER.S NAME
Davis D7711
I IMPOUNDED
a PROP.115
BUILD
I HEAVY
a MEDIUM
I Muscuun
H POT BELLY
I 8INL
D THIN
TEETtl
I COLD
I MISSING
H BOTTEN
I sllvER
COMPLAINT
UNIQUE IDENTIFIER (CII#)
COMPLEXION
H ACNE/ POCKED
B OARl(
I FRECKLED
D LIGHT
E MEDIUM
APPERANCE
D BODY ODOR
E3|SffispE,DiRTv
I WELL CROONED
I A00lTIONAL
DESCRIPTION
SEE NARRATIVE
REVIEW H
WEAPONS
I CuTTINC INST.
I HANDS/ FEET
I REVOLVER
D R'FLE
D SEMI AUTO
H SHOT GllN
B SIMULATED
T UNKNOWN
D OTt'ER
lNFOONLY DATLARGE
RELATIONSHIP TO VICTIM
Bu'LD
I IIEAVY
I MEDIUM I
Muscuijue
DpOT
BELLY
B ShLALL
tJ THIN
TEETll
D GOLD
I MISSING
I ROTTEN
I S'LVER
pA'NT I
1 AODRESS
D STORED I
lD NUMBER
50195
COMPLEXION
D ACNE/ POCKED
B DARK
D FRECKLED
I L'Gl|T
I MEDIUM
APPERANCE
a BOOT ODOR
I D]SGulsE
C] UNKEMPT/ DIRTY
0 WELL GROOuED
I ADDmoNAL
DESCRIPTloN
SEE tIARRATIVE
SPECIAL WHEELS H
CITY/ STATE ZIP
sEcuRED AT SCENE I RELEASED
SCARS, MARKS. TATTOOS. ETC.
CODE:
rdc: .
DESC:
H ADD.L SEE NARRATIVE
CODE: S= SCAR M= MAF`K
P= PIERCING T= TATTOO
quB= MISSING BODY PARTS
UNDER THE INFLUENCE
H Alcohol I
D OTHER:
DVMC I
INTERPRETER I SPANISH I VIETNAMESE
NEEDED: I OTHER
UNIQUE IDENTIFIER (CII#)
WEAPONS
I CUTTING INST.
I HANDS/ FEET
I REVOLVER
I RIFIE
I SEMI AUTO
I SHOT GUN
I SIMULATED
I UNKNOWN
tJ OTHER
ROOF/ T-TOP
TOOWNER I HELD
SCARS, MARKS. TATTOOS. ETC.
CODE:
LOC:
DESC:
I ADO'L SEE NARRATIVE
CODE: S= SCAR M= MARK
P= PIEF=CINO T= TATTOO
MB= MISSING BODY PARTS
UNDER THE INFLUENCE I
I
tJ OTHER:
DAVAGE TO VEHICLE
FOR PRINTS IJ PRINTED
MAKE
ADDRESS
ADDRESS
MAKE
CITY
CITY
C'TY
MODEL
MODEL
MODEL
ZIP
ZIP
COLOR
COLOR
COLOR
LICENSE
LICENSE
LICENSE
STATE
STATE
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-
MAKE MODEL COLOR LICENSE STATE
ADDRESS CITY ZIP
MODEL COLOR LICENSE STATE
ADDF`ESS
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Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:
Bats Report ID #
Case # 130270009
Page #
I Supplemental Report
Attachments:
• Property Report
• DVD containing copy of photographs of the scene
• Copy of LEIHGH visitor sign-h sheets for 1/25/13 to 1/27/13 • Letter from Turner construction crew
• Copy of photographs of vehicles from LEHGH photo radar camera • LEHIGH Mobile Equipment List
• Registration information for 6NLNO81
• Registration information for 4MUZ954
• Statements from witnesses taken by (07) :=====_
• Statements from witnesses taken by (W1) -
• Terminationletterfor(05)I-T- _-i
• Google Earth Map of the scene
Svnopsis:
|¥¥,#£¥£:s:e:i#=£tt:ELiel:ar:gf:ii=±ul:c:t,edffiunT=i#c#e±a:a:::#a:oT Securitv:
:eo=:H#¥¥::£ee;::ars:ft;i:=y¥dun:¥vlBednv=::#h:f=th=ee#:T=¥=arty:£|:L=m#th2:4ut an employee pass.
Weather:
The weather conditions were taken from (!±.ng?;_/ / www.wundergrormd.com.). The temperature was 46F, humidity of 77%, dear with calm winds.
BATS Entry By:
REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Otlier:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date: Time:
Bats Report ID #
Case # 13-0270009
Page #
I Supplemental Report
Scene Descriptiong
!Ebi;5igiT:H::#g:::a¥ffi::i:::fri:q:in:=f#e:ii:d;:i::get;oi¥;Pus¥pi:i¥::r:ii¥:ygias::o:nt,a Preserve to the north.
The involved dump tmcks were located in the quarry approximately two and a half miles past the ;nartrk¥dc:i%feg;g[ud¥ZthTehiiso;rsthae€::tc=:ae:PoTr£:::te([syee68?£;:#°G°o:;::.£Irhf:dM;#tygfro,Woweroe/ the lot.)
Utilityseryi±
Pacific Gas and Electric, (PG&E) provides electricity to this area using overhead wiring, transformers, gdth:°arweearopf°#:::::;d.andmalntalnedbyLEIHGHQuarry.Nootherutilityservicewa§provided Fire Protection S stems:
No fire protection systems were provided in this area.
I_nvestigat±jQpi
:awu::i:Svpe:tbg£€obny€an±av€±aroan€:eTetyancd°:Fsummectabhy°3:E°alr[:Snp€nhide:°scal°:d:.Ctcahifi:fes°£a8z=Tt:ted §ou¥i;:a:hcu;£&Igi;b§i:¥E%¥ej::¥£i?i:ciisgj€ik:#±¥ig;;:tie:a:ai#i|e:1;g¥ij:iiii°;rio::c|:i;i:hnid;j°:jet
64. BATS Entry By:
REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date : Time:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
EryitigationcontinueL±
;:tt:epchic£:D±Cfg:#£c:fdsfii:¥th¥*::F:F¥ojL°:aop*°S°::itee=f;;[esrfbF:i¥#t°cfh:i:a:=hs:£ed#t:o{:?the circuit between the batteries and the electrical components of the dulnp truck.
The area of fire origin is located between the rear driver's side of truck number 70 and the rear passenger's area of fuck number 79. The following fire and heat patterns support this area of fire origin.
Truck number 71 was located on the east side of the scene. This truck sustained heat and fire damage i°hFreeg:fer±±d;i¥u¥tgn¥asi°ocraeteh€aatpfr:#aje±:::rd:itaaestfr°ofn:.uikh:0:%vpear§:;edne8::'esssf£&e;d duetoheatandfiredamageandthetiresonthepassenger'ssidewereingoodconditionwithnoheat or fire damage. The fire patterns support the fire traLveling towards truck 71 from tmck 70.
Truck number 70 was located on the west side of truck 71 and the east side of truck 79. This tnick sustained major heat and fire damage to both the driver and passenger's side. All of the tires failed g:ego:::a:t:#fr:;e,€ffi:g:n!i:i:h::esfilr:efi:etaefeeintso¥edp?vfffsfesid::i#::re:.£;oi:d¥Edu:y;fg:n;:
from tmck 70.
F¥Eafsns:eu=g:ee;:;7;Ld::aals±iiaieSra:se£?:;:idd¥£¥r;ian=a§t:71°E::n±:fe=to¥:Ssut::h¥¥adghe;n8:se:ds:d5::::desg:geri°e iuasj:rnegdt::r=£seaigd6grfodmanthag;a¥::ngeer,€:rde:':fsfeckT7hg:firepattemssupportthefire Truck number 64 was located on the west side of the scene. This truck sustained heat and fire gLfearg:::d:efiaes::narg:rf'S±dcke'6¥|=±arYnaesd]°=:::dh:£P££Eraetefy£°augrefae:nwasetgfog¥h7:';'assenger side tires sustained heat and fire damage and the tires on the driver's side were in good condition with no heat or fire damage. The fire patterns support the fire traveling towards truck 64 from truck
79. BATS Entry By:
REV- 04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorder# Date : Tim e:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
_I_nvestiga_tipncontinuLedi
i:ee±e:::od:;±:7=dac;:d:jg¥nfdpsoEr:e::eeof£:e:o;#e:s;¥:¥:in:geffar#sffiT:gfu7gLsan±Z9L#:df:eere There were no heat sources found in the area of fire origin. The dump trucks did not have any electrical components in this area.
#oeulddug£Pm¥act¥thweeieeft:::dceano€#tipopne::ggdf3ryaapire°£=?::[iyfi£::u£:fa°Lt:#hee:ir:'sL:Smbiy.
I have concluded this to be an Arson Fire deliberately set by unidentified suspect(s).
Statements of (07
[Q2u¥#e#eedfoffienwe:?tsidentifiedhfmselfastheQuarryManagerforLEH|GH £?pE==!#km=fj#:a¥#T=##oig#:;d:¥-f#?r:fJFo::ie
with no known malfunctions. He confirmed the dump truck's master battery switch were in the `'OFF" position.
;:|eEuleexi#tho:;eaoi¥ryep#:#j=ee:o=£T:c:t#::£=iup¥tEh=a=#noTe i#jE==p::gt#¥:c=p:1e;ooof:E:o¥Tit:od:o==o?oe##E:=E:iar:h#es::=h Human Resources Manager, for details on the employees who were terminated. gEe:Ed:led#i#::lg¥T;ee:q:u:¥:n¥oge¥i?::h::el#y=:isiiiF:nil:lTeb#g:rhi¥de BATS Entry By:
REV-04/2010
Processed
Date:~ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Date:
Narrative Report
Santa Clara County
Fire Department
cArd4320oo
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :
Continued:
Time:
Bats R®port ID #
Case # 13-0270009
Page #
I Supplemental Report
i:gH###£d:I:coesul:dc#e#5#3t#;#:gt°#e£::ownh?sgc¥toTcha#+;i:# i£#t:±:=:=::=:#g:=Cer¥:tae+en°:g£:eu:fthfep;:P£+'#TCLner¥ere=fd°efdth£:e£#:
I:hew=##Edff|¥ip¥iigthif#¥?g*¥=¥:¥fettn¥1:ni:e:i?jro¥idifii¥c:=arTith:ae wa§commonknowledgeandmostemployeesknewtherewasnolongeracamerainthisarea. i;%%E::#e:;£uo#::±=£sf:p¥dr:kartssiysi:g:sedeu:pn:gft:iEva:p?oge::d::#;ds=fa (07)a|lnsaidhewouldmakearrangementsformetoreceivecopiesofthevideofootageand anyphotographsfromtheirphotoradarsystem.(SeeAifechme7'if..Copyo/photographeo/¢efri.cJesfom LEIflGH photo radar camera).
Statements ofW1 __-==
[Li#g:+ewddany{::::±¥ar¥hhi°sfsdt::ifiidts¥]fastheH-nResourcesManagerfor gv]:beeT=vdeLjrfuip:odygga¥eedHVlTthanmEe£°v¥n=i#apg:£[#)GiH::#aefntho:e received any threats from any of the terminated employees. #L::=::::m#n:veguefdfet#:g:eek±#+¥:rbs±+th#e2:#:e:¥:s¥;sox:T{:u shcot ybu."
R®portjng officer Davis #50`95
£
cjic# D77ll Date: 01ra7/13
FlychouedFlry+ - Dqfud44_
BATS Entry By:
REV- 04/2010
Processed
Date:_ CopiesTo: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statements of
Recorder# Date :
Continued:
Time:
Bats Report lD #
Case # 13ro270009
Page #
I Suppl®mental Report
owl) -said (08) ----- '= called him and notified him of the heat. (W1) - £t;::::se:#;#f(8;)e¥aw£°(#:ii:i,themddent.(SecAfroch„ie7!£.Stefementsfrm ££necfu¥[LTeFgLn#g¥3::#+tr£EOLg;euE:#¥ZL=:I::::::ed¥fiee:;thied±or i:;en:i(EOFF:tari£¥[!:I,:¥¥iio:|¥:±dt:ei;ff:[i;#:;:fiT#¥er:Hfoer (W1) -said (o5) EID
(05) -=---'J|.)
##d¥SEeds(ar9d3,)(=wWo¥k:#thaetefneniepc)e:tb=£2;£°:e2£:C:i:Lee°f:rhiisuLa=ia°igand maintaining equipment in the cement plant and quarry.
#dL|ar=qgpdJ8:t)aEwiiHaht:dh;mdJnTteh2e°:2dbfre:caiu|84°;=:==Le=alceetyhiLsseues termination.
(W1) -said out of the five people terminated in the past year, .I+=-I-:-=, ±' gettharterfumEousfoett#:dTEeasbt:Te¥asenh°atsJ::#=ddYe¥eanv;erydruepasft±gmdgy:n¥re#8fg and
against him or the quarry surounding their termination.
Injuries:
This fire caused no injuries.
BATS Entry By:
REV- 04/2010
Processed
Date:~ Copie§To: _DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa Clara County
Fire Department
CA0432000
34090.6 GC- VEHICLE#
Evidence:
Recorder# Date : Time:
Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
• JD-1: DVD containing video and photographs of the fire scene • JD-2: Sample of dump truck tire
P.L.E.O.
• ATF Special Agent Barbara Maxwell (Assist)
Ei_spositiQni
£=:[t:=rfi:::b¥ee:e:er:!g:e:::t:=su::ep!er:e:stfra:lefecoraii=:li=::ap=::ardi¥n#c#:aa::T#sga:a;:Tand R®i)ortlng officer Davis #50195
£
Cj|C# I)7711 Date: 01#7/13 ul
FtyENfuFyNjed F!. Dqdali
BATS Entry By:
REV-04/2010
Processed
Date:~ CoplesTo: _DA _Court _Other:
DPW _JPD _S/OoTPD
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Recorder# Date:
On 11 / 22 / 13, I interviewed
of his statements.
Statement from
Time:
Bats Report lD #
Case # 13ro270009
Page #
I Supplemental Report
(01) =L==at the Saratoga Fire Station. The following is a summary at Lehigh for approximately
::[p::.:
(01)-=saidhehaswo
the cmsher operations.
(01 ) -escribed the
On this date an argument
ten years. He has been responsible for
_ , _ _._ _ .... L.._.___ 1.-1-_^^ L-I
;n+w,1,
isnal:
said he was later called
(07)==_.i_endavl)
At the completion of the
misconduct. (01) -
-_offrce.(SeeAltachment:Statemch{sfromwitnessestakenby
stigation (_0|) I+ T=and (O_2) ±===_. _=vyere terTir?_t:d for 1.1, heubrought his termination to a Skelly Hearing, which occured on - He said he was aware I interviewed (05)
i;::::e:dfff¥;i:i#ei:b¥argeh¥:dea:T::hfhiva::eF:grfioe:ea?i:::tt#::s:d#h:eo
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recordel# Date: Time:
Bats Report lD #
Case # 130270009
Page #
I Supplemontal Report
(01) EPraid he thins it dyould have to be an "Inside job". He thinks it would have to be someone gt°kknknoewwanthyeoen:#3e:':sS#ve:,:ees#s:Wri°ggfte¥:eTdwithinthequany.Hesaldhereallydid (01)D'Vazdidnothaveanyj
CASE DISPOSITION:
To original report.
additional information and the interview was concluded.
BATS Entry By:
REV-04/2010
Processed
Date: CopiesTo: _ DA _Court _Other:
DPW _JPD _S/OorpD
Narrative Report
Santa clara County
Fire Department
CA-0432000
Bats Report lD #
Case # 13ro270009
Page #
INVESTIGATION:
gs::hfh:etL;I;t¥:,#EFthteff:d#m;F&ha£¥ntneffrn;:#:od±r¥#EE== I ffo£:./%3i#Ppr:=da±e[ae]i3#gfact°£fae#t:d(06)-andinterviewedhinoverthe Statement from _--____
``
E=L;g;g:tgo:t:Zap:,:i;:::dhiosurte£:g::cfof:a£Lpnr::Lm::ed]yd:£3noot:::s#onkge:putsou:]sotuon63 (06) ±said approxiritely 20 minutes later he head a second explosion. He said he got back ;uh:iihb:en:L=nd*::o:ke:;o#iggr:ena-:::sn::h:sed*d::toa:i:eu:txf!s!¥ohs:o::es:cn=::e|b:aew%assln:o:iTeeF£¥ blasting. (06)±i_ventfoack to bed.
I
Approximately 30 minutes later, (06) -said he heard another explosion. This time he said he :°ar95e#eti:S#;:dw°ai£#fise¥ieo#h¥Ze=£;a%ua#de#:s±eo:.£thTnrfsfr;:sEee%euaae(s9€)x= and this explosion produced a large amount of fire which he could see from his window.
I
(06) - called 9-1-1 to report the fire, the dispatcher told him they had already received the call and the fire deparinent was responding.
(06) -did not have ahy additional information and the interview was concluded.
CASE DISPOSITION: :
To original report.
BATS Entry By:
REV-04/2010
Date: Copies To: _DA _Court _Other:
DPW JPD S/O or pD
Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090,6 GC- VEHICLE# ecorder# Date:
REPORT:
INVESTIGATION:
Time:
Bats Report lD #
Case # 13J)270009
Page #
I Supplemental Report
On 02/ 13/ 13, I checked the santa clara county Fire Department Anonymous Hotline and retrieved a I , ,1 , (08)` -± said he nigh-t have some information that
::S#:s::sf:i:yth(e°£) surrounding the Lehigh Quany.
a:og:`[(3o/81)3iv:tv£Pors:o:ad::iya:4f%uho°#i'g[s::tnet£Cet:g(°8)-andinterviewedhimoverthe Statement from --ir+ +
L:j4(:::,o-y=rapo=if:i3o:rs,h¥:i:::gegL=:Ethgeehpgr¥:¥heec;:¥Tg¥(aop85rgd?arl3 (08) -explained, (P1) -and (020) a-had worked together at the cement plant €S±i:ier±°rgifuhipfd°sfbyo¥atbe£°dr:wthaeyy#e=ewtro¥ferreduptothequany.Both(01)-and i
g+EEei:::da;k;#[¥ez£;ti#:ir::'o'n#¥:¥;:;:2;or=uLfo:q::¥dsko¥:!ri! 3, he watched (020)-arrive at work and he Was dn::±±ELF O-8')Ill-h-e i-ad bo-ught -car from him because -did not have a job and he needed the money from the sale of his car. (08) ± said on 1/30
vehicle. (020) =LL= told
Roportjng officer Davis #50195
i
cj|c# I)7711 I)ate: lu2„S/131
Revi®wedPeT\ I..-,,
BATS Entry By:
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Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC-VEHICLE# Recorder# Date: Time:
Bats Report ID #
Case # 13-0270009
Page #
t] Supplem®ntal Report
Statement from
(
L%:#Eofahaetipg:di:ooit##oo::th;:::eeiffith¥;:otiw:aas:#egl&e,hE¥#ew:=t::
(08)-didnothavea]iyadditionalinformationandtheinterviewwasconduded.
CASE DISPOSITION: ;
To original report.
BATS Entry By:
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DPW _JPD _S/OorpD
Narrative Report
Santai Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# Recorde# Date : Tim e:
Bats Report lD #
Case # 13rg270009
Page #
Supplemental Report
SUPPLEMENTAL REPQRT:
I
INVESTIGATION:
1 fte°£/e2;!::'Laetf8fr8=id#4i°ehe°murps)'ose¥sSwpfoa:i::::dB#::nad¥e:twoe:]o¥t:£ecr°;A,u2Cot=£.
ChOctober9th2012,anarFTenthadtakenplaceinthequarrygaragelunchroombeforethestaLrtot the shift. (01) Li--LL ,L vyas upset at another employee over his coffee and said,.:`If prtyo,n_e.` _ ou."-At the completion-of -the Human Resources investigation (01 ) - were terminated for their misconduct during the incident. touches my coffee 1'11 -and(02)
assT:t:£e£±ealfrAe8inje¥ti?;awtieoHh¥\d[£nterviewedthefollowingemployeestogarnanyirformationto (011) _=i-__ =:i:i, (012) _--=_, (013) + (017)C=J=-,-J
(018)===L-._+(019)j=LL==,and(020)
:t:esf:g:tit.8Th¥=th=P±i#y¥¥€:orh:i:L=?H+:h::o¥::¥J:±:m=[¥#ahon #J=tl#JE!
Statement from
Duringaninterviewwith(q)15)-L±=-=heprovidedthefollowingstatement.
I
;%:;ffii:d£:L¥:##Htl#fa¥tlp}¥:;:=er:oS£%i5:ifu#%:rtkoeddrfv°erd¥p8hrfuf% I could have been involved with the fire. He
(
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Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder# Date : Tim e:
Continued:
hasJ ;vi-d-:n¥roving(05)+ (015)-said he
Statement from
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Case # 130270009
Page #
Supplomental Report
seen (05) =-_- .a__ _-_ at the quarry since his termination and has no started or was involved with the fire.
terrination.
1 . 1 ..... 1 L _ _ ______ _ , .I.__ _I.__ _I-_-.I :I // il ()` ^^iJ i/ iJ` I -_ fLr]t± and|was vefy, qti.[sppkeT .a,b:Sit _if.__ !9_1_?)_ I£SL±dJe:i ±,*:i 1 attichde as if the company was out to get him. He said (05) without any problems by using his employee permit on his t=t:PireanQud£
about his termination
known for losing his
i-.Lio=-could get into
V=#d£.e£%]£!Eg£#+:sda}Sons::bhina;:anye`VI-dencetosuppori(05)-wasinvo|ved R®portlng officer Davis #50195 I
/'
I
cjic# D771l Date: (o2"3
-::;.: H, ..-,..
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:)pi=::darwy?r§:dtht|8:thiri:EiE:dce(8;3)t=°::;::£Lfi:i¥:=S know who started the fire but thinks it may have been an erpployee that sa`y (01) -would not do that type of thing.
(020)±_said he and
before they were transferre
(020) ± said he did n
was upset with the quarry, maybe someone who had been terminated. (020) -Said, it was not \_ --,--- __ __ _
I . , ,I ,,,, 1 . _
(01 ) - and continued
(020)=i-_said
:I- -: ------- uL t.
was always out to get
=¥algFeedco°e¥:#yh
a possibility.
invesdgation to support th
P.L.E.O.
5)=LLo_wasanoutspgk:n__.einployeewhothoughtthecompany .1,,1 son he could think of who was responsible for thi.s fire_is p.ossibly (05) ¥y::h#¥c:esgsfjp¥e:n£:gds,te:;u,5pETtp¥£vc;¥]£r:=:e:t#£T:e::
a
uELmEERI±HHHRIEmRERErmiHE
fi::=j=L"haed=8tigeeto#farthpe]°Zies::f;g#utb£#e(S[|o=t#o¥)t£ r involvement in the crime of arson.
• ATF Special Agent BLbara Maxwell
CASE DISPOSITION:
To original report.
BATS Entry By:
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Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE# eco rder# Date : Time:
Bats Report lD #
Case # 13-0270009
Page #
I Supplemental Report
SUPPLEMENTAL REP
ATTACHMENTS:
• Copy of FirstAlarm
INVESTIGATION:
On 02/25/13, I was
Stevens Creek Blvd.
ervice Order
Rural Metl.o had video surveillance of vehicular traffic traveling on passing in front of the Santa Clara County Fire Station #7. Santa Clara County ed to the front of Fire Statiori #7. The camera is pointed north towards advisiq
Fire Station #7 is loc;ted at'22620 Stevens Creek Blvd., Cuperti-no, CA. 95014. The video surveillance is taken from a camera att:q[j
Stevens Creek Blvd.
This surveillance captures
ate::in:;I:o:y=:a;i:leg;tt]ai:#;:I::en£:ty:;e±i;;d;r:e:n::st:s;ft:Ro:re£:;hi£:g£¥cote:n;d]:Cti:f[|:sdtkmf|ff:: _ ,-,, \ - . A --- 1 security needs. Mr.
1 / 27/13 at 1700 hours.
fic traveling east and west on Stevens Creek Blvd. as the traffic passes Anddrson re`trieved-the video surveillance from 1/26/13 at 1700 hours to I secured the video onto
Evidence:
a DVD-R and
• JD-3: DVD containin{
hours on 1 / 27 / 13 wi
CASE DISPOSITION:
To original report.
logged it into evidence as JD-3.
video of Stevens Creek Traffic from 1700 hours on 1 / 26 / 13 to 1700 the First Alarm Service Order.
R®i)olting officer Dav|is #50195
f p,oc®!
cjic# I)7711 Date: Ozfl5/13
Rovlewed a . DerfyJde/I
BATS Entry By:
•,
DaIte:_
REV-04/2010
CoplesTo: _DA _Court _Other:
DPW JPD S/O or pD
Date:
Narrative Report
Santa clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Rocorder# Date:
REPORT:
ATTACHMENTS:
• Deputy Tarazi'sre
• Lehighworkorder
• LehighLetter of T
• U.S Departmentof
INVESTIGATION:
# 13-066-0099W
92429 and #8693922
Time:
nation of (05) -I-I I I I I Ipr
or Case# l^rEMD 13-5
Bats Report lD #
Case # 134270009
Page #
I Supplem®ntal Report
Content of Fax:
I would Eke to know Y*y?.?
Sewstap.y^€€ q±e work roti#tior or, work ordei #8692429, #8693922 and son±e o_quer documents L._ ...__I. __ LL^ ..^11^. _.^n ------- i /ilrr`rL'e Why?????.. These work ord as an electician) and
dates of 10/15/2012
Cupertho? The shooting
company expect someone
????? Can you explain on the eat_e_ty_peeapg please. _-i---i-i to LL L.T T toworkontherollerpress...i = -. __I(works
¥t2:r:2g,h(;th¥::-¥p¥R;¥o%)roT¥jrs¥faeth#?¥;erp#:
:i-a-rri-i:ia;e=s-.Ifsomeonesiartsanothershootivng,hopefullyagaln§t'managers. keys__s_tigationcontinHed
Sgt. Brown notified Sgt. M
the incident because Sgt. L
jurisdiction.
t ahother gunfue,- to st-art doing- something in human resources rc Lehmarm, also with the Santa Clara County Sheriff`s Department, of arm is assigned to the Westside Substation- and the incident is in his R®portlng offlcer Davis #5ol95
cP p,oces
cjic# D77ll Oato: UJ„6/IJ
Revieved\BVT`.-_\ V[REarid.Jall
BATS Entry By: 1Da)-
te,_
REV-04/2010
CoplesTo: _DA _Court _Other:
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Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Investi ation Continue
ecorder#
:_I:i:::i::=_:_;-::_=i::_::;:
7 I met with Sgt. Le
outlined in the fax
gearbox, which fail
I verified with (W1)
terfuated over. (S
This coinplaint stated he w
Time:
Bats Report lD #
Case # 13J)270009
Page #
I Supplemontal Report
hfep;°o¥eodrd:res#nce°Piei::nwan°:E]:::::Ss:::unthiLge#:hmgv# •ber |&th 2ou2. (See attachment, Lehigh work ord?r_ #.86f£243!3 _and. ||f2f3922.) this was the same movabla gr_arbox (05)_=-- -T_ was
ighLetterofTerminhonof(05):=:T=_„)
i#s.EeF¥£fo?¥,igeedfgF2ygj,f2iTi_±..S{F+_:£°¥i,TFP=[5¥;(£°#^onEnfu##3.¥.3 wrongfully terminated and requested his termination be appealed. ;§:
After reviewing the facts
#8693922, and the comp
the fax was set anonymoFTEui
ntained in the anonymously sent fax, Lehigh work orders #8692429, filed with the U.S. Department of Labor. I found evidence to support by(05)LL==.becauseofhistermination.
g1:o:3!':2::i:r3:,|c|!|hv:e:d:ea:raefT#a:oi=ys:ca!g|eeri:;;E!,e¥rwia:s:t:S?¥Entif:e_f_€? . . He said
dedu a §parish translator. I tried to tell (05) =. _ . I. Want:d t8 ination `from Lehigh, because of the language barrier he did not Gabrielle Solleder who works for Alcohol, Tobacco, Firearm, and (65-)-====-:_:has lot retuumed our call as of the completion of this speak to-him about his
did not speak English_ and
iinderstand what I was
I contacted Special Agen + `-``LL` --.- _ -r__-- _ _a___ _ :#:sige5S,Di:EE:;nt#TeFf)[,godf:re¥augT:esqpu¥£g`oEie:oa::iianche;rscpina::£gecnis&`:e£:: 11 / 11_ _ _______1_1:__ _I .L;- his termination from Lehig
report.
CASE DISPOSITION:
To original report.
Reporting offlcor Davi.s #50195
I
(lof Pro®RAte:_
cjic# lJ771l Data:
03„6/lJ
\ReviewedB .\ -
'.'> -.
BATS Entry By:REV-04/2010 Da
I
CoplosTo: _DA _Court _Otlier.
DPW _JPD _S/OorpD
Date:
Narrative Report
Santa clara County
Fire Department
cAro432OOO
34090.6 GC- VEHICLE#
SUPPLEMENTAL
Recorder# Date: Time:
REPORT:
INVESTIGATION:
Cia 04/ 17/ 13 at appro)
Bats Report lD #
Case # 13-0270009
Page #
Supplemental Report
y 1000 hours, ATF Special Agent Gabrielle Soueder and I interviewed -,,' rfof5)-=== ;:f|:rgdgg:scuoE-dJoa:af#m:Ftse:D;#5t!ff¥:£ube-51t:::CneasTt:mm5ese4WTf:
+
Statement from (05
e has worked for Lehi -ii-a-departments whilt he-was`employed. He has worked in the Pack and Crush Department. He has been respousipl: for servicing and .-, -i:di:ie:
worked in several
House, Maintenance
gh Quarry since October 8, 2001. He said he has
i:eYfu;:I;Lh;a':th~a:c-i:e-s;s~Vy=:dq[¥ii!±±tai°::£dal;[narthe[easq#ii°:)qFsaid-overhisbmeatthequarry esponsibility in the quarry was maintenance of equipment ensuring the \` ,-,-.-. _'T.___._ I-TT _ _ _ I . I. 1 ;;po,p::p`?.:pi:nakof:tf:Ei;cT:i;:ig!alar;:a#re:=pfT:og::i:;;eLseig:Hi:etfar#!d¥:te:rarT:e:i:::btc:a:::fi |`enr:dueDnst€
i:o:vy:|epth:::L£¥e=ep¥t:yti:::pa::s:b=dfohre£Lfnnt:t=#geethT,TROT]eeLrrsreeas::,°gut (05)=±L=saidhis
einploin€nt because of thi
#:)e¥h:#hhee#aass
was the only one terminate
When asked about the me sage sent to the Mine Safe.ty epq Health Administration (MSHA), (See I__ L1____ \Jl'*rr,",„.`,`.'.I.-'-rv' --_--_--_-.---, _r.+_' ` ^\` _ _ \J 1i37. i6-5-)-i: _said h`e did send an anonymous message to them 1, Pnuctiuc:rddf££:t3o]u°t°ZsS:##:nth:gfFseke:gesfah8yei:Pfk=aagbe°r¥t;f¥:hi#Cw°et:Te#gsp¥::,::t:e:a ;fi:;;€e:S=fyriiLe£-]`i~e-:!85:#h±mialfshoeft::adiyd[fi:v:°n::'-hechare:kbahij eived any verification or clarification on the facts surounding this sxpplemental report _ qqt_ejd 3/
yohm:Tgan¥:g:iebaa¥:t_o¥±.:o:_ij±Tth=+Fii¥:;=Et,?ayri#SL=nESL:it:h:pauyfuali:vq[eiui:JjEe;id:bali from (05) =iii_- - Or
message.
rec
R®port]ng officer Davis #50195
III
+
cjic# I)7711 Date:
10El/lJ
Reviewed-`B±-" D&to3kb/i
BATS Entry By:
REV-04/2010
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Date: Copies To: _DA _Court _Other:
DPW _JPD _S/Oorpo
Date:
Narrative Report
Santa Clara County
Fire Department
CA-0432000
34090.6 GC- VEHICLE#
Statement from
Recorder# Date: Time:
Continued:
Iasked(05)==- jfhe was involved with
not allowed on the prop
would see him or his ve
asked him if I saw his vehic. === said he has never
I asked (05) T=Tu =_i f he
the fires at
Bats Report ID #
Case # 130270009
Page #
Suppl®mental Report
Lehigh. He said he was terminated and
rie continued to say he was not irnvolved with the fires. I asked if I on any security videos the days surrounding the fires. He Said no. I I - - . 1 . . 1 ^ ,r\~\ -e ii-in-:`s:in-ly`videos could it`be someone erse driving his truck? (05) loaned his truck out, he is the only person who drives it. would be willing to submit to a polygraph examination to help support polygraph wvas admissible iri c6tiit.-I explained to him it was not I, , \, JL 1,,,,,_ £°fiw:::oufedt:e¥:¥yanhi;Sp;t:gin(::!f#¥:3:::Submittoa
his statements, he ?ske.q .if pre
;g;s:3lhee==:g:i.it|`:oi
tch::
residence.
led (05) ±c,i-i several tines and left messages on his ceu phone polygraph examination. I did not receive a return call from him. On ._-...-.1T ;b.:o±_o¥m_ts6o_6[bLne#es::oero::%easc=t#ek.ro%ti±tngEFas¥_e4,g[:i:¥:od[£;.:g _ _ _ _ , , , 1 1 , , During the month of July I
requesting a date to facility
:th:e::::1iAeg?:trs!::ey:ir:f¥e#ggeff:Cd::;acE:wf?.F!:#f:al±:¥.e,Tf:e|Thios|Wb:r;c:keoen?¥:o:
and identified myself askin
some movement inside the
Ei;jj:;a;;ai:+fo;:i;e;-r;Li;a:1-SfLe_:-£:ai::I:.1ffi::iij:ians:vefrFeFp:on:i:::tho:ednoeodrios::ocr,uld (05) a. -DE--
BATS Entry By:
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Date: CoplesTo: _ DA _Court _Other:
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Narrative Report
Santa Clara County
Bats Report ID #
Case # 13-0270009
Page # Fire DepartmentCA0432000340906GC-VEHICLE# ) 4! ue I,Recorder#Date:Time:
Statement from (05) _
F Supplemental Report
________11____-Continued:wfthfstermination.Hetoldmethat(°5)e!he:pu:see:e:n::g!(n#:ot::uthpeFo|ayp::Fh=:it:as::n=ttoapolygraph-_ I was contacted by an attordaidwewereatexaminationand(05)-I ::ns=?v:ibfeer#e:£m°#gr±i;dioi{e:otthfua;ee±8eidrfj:[t§L#eg:Le:b¥¥aFu:¥:j2£(!£1:3=ac:#Co:mti#a;:-18g)nl¥:vehicle. {asiE#d:ti°tifeontLL+#L=g:ntryb#edidnHAhewifi#¥enrfTst¥in¥w¥,¥ i::riitl:ii FeLognhe,Tod;.je:rv;e;:sErser£Ftr;e;,::jF¥::ELg¥:;i.;t±]vyF6[;]r3e,VI£=v€=#thvI:d£oeo#eh:ofto#stetho: ` 1_._ __--__-I____ -..=L1-|L^ ,~.,-_, /nt=\ i;-;6asdre-;=oa:-*:ei¥£:shhee:aasd:eayatuhpesehta:Vneerv±:Siot=iF#EL±°:i .. . \ , .1 _ ,____L _._L_ _i :r-a-a-o-;;-%f--L-e-fi-:I betau;e 6f his expefience with the quarry. (05) 1 _ I_ _ _ =anh:gerfe¥pS:
=¥i::s:::t][=i:::::gr:e:e:dc:i:::i::t:tahipsoclgn=:Lhteasstl:Ttn=gsoauLm::1¥llee=:::later Processed
Date: Copies To: _
laycht and the wor
To original report.
Repofting Officer Davis #50195
II
cj|c# D7711 Dife:- Il'„In3
Datedall
BATS Entry By:
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1 From: Rhoda Fry, Cupertino Resident
To: Board of Supervisors
RE: Agenda Item #29. Under advisement from January 25, 2022 (Item No. 14): Receive report from the Office of the County Counsel and the Department of Planning and Development relating to list of all noticed violations of permits, laws, statutes, regulations, ordinances, consent decrees, or other court actions involving Lehigh Cement Plant and Quarry over the ten year period January 1, 2012 through December 31, 2021. (ID# 111274)
Dear Board of Supervisors,
Thank you for looking at the comprehensive list of Lehigh’s noticed violations and other actions.
It is troubling that the County has not levied fines. Furthermore, a number of items that should have been violations were never officially noticed. Below please find corrections, additions and comments pertaining to the report.
With respect to Lehigh’s illegally-built 40-foot wide road within jurisdictional Cupertino, Lehigh paid the City of Cupertino over $150,000 in penalties for grading and removing protected trees without a permit. The report mentions only a $100 administrative fine. Additionally, Lehigh has already planted 49 large replacement trees on site per Cupertino’s Protected Tree Ordinance.
What we don’t glean from this agenda item is, how bad is it? I will tell you that it is bad. The $5M settlement for water quality violations with the EPA, DOJ, California AG (under Kamala Harris) was a landmark case. And Lehigh Cupertino has the very worst labor-safety record among California’s 8 cement plants. From 2017 to 2019, Lehigh had $1.4M in proposed federal fines vs Mitsubishi’s $28K, which had about the same number of employee hours – that’s a factor of fifty! Attached you’ll find a comparative report of Lehigh’s egregious record of safety violations. I first raised labor-safety concerns when Liz Kniss represented District 5 and have continued to do so ever since.
AIR QUALITY: On the very night of one of Supervisor Simitian’s quarry town halls in Cupertino, there was a massive brown pollution cloud over the cement plant. As was typical, BAAQMD reported that it was a borderline case and there was no violation. My colleagues and I have lodged a variety of complaints over the years and no violation was recorded because BAAQMD staff was not there to observe the incident and refused to install inexpensive recording devices.
Over several years, I had begged BAAQMD to reduce dust from quarry-blasting. Dust was neither modeled nor measured because the Title V Air Permit statement of basis claimed all dust remained in the pit, which photographic evidence refuted. Staff committed to look into less invasive quarryblasting, but it never happened. The United States Geological Survey (USGS) lists these blasts on their online database. Some blasts shook homes within a 2.5 mile radius of the quarry and measured
2.4 magnitude. Additionally, in a phone call between the State Geologist, the late Bill Almon of Los Altos Hills, and myself, the State would not guarantee that these blasts along the onsite Berrocal Fault would be incapable of causing earthquakes within the San Andreas fault zone.
Within the past year or so BAAQMD staff, management, lead counsel, and head executive have retired.
DELIBERATELY SET FIRES: In 1993, 1999, and 2013 there were significant fires. The 1993 fire burned Kaiser Aluminum buildings which had been used during WWII for research and manufacturing of bombs. Kaiser Aluminum also received fines for the improper storage of hazardous materials. These deliberately set fires were a public nuisance to residents as they could smell the smoke and fire department resources were siphoned from other potential emergencies. Attached is the 2013 fire investigation report which provides insight into Lehigh’s corporate culture.
2 CRIMINAL CASES AGAINST FORMER LEHIGH MANAGERS: So why should we care about criminal cases against former Lehigh managers? Lehigh managers hired an unlicensed contractor for major drainage work and took kickbacks from that contractor. To my knowledge, there has been no verification from the County that this work was conducted in a workmanship-like manner. When valuating the land, the County should take into account that this work might need to be repaired. So far, one person has been sentenced to a year in county jail, while others are awaiting sentencing. The County press release is here: https://countyda.sccgov.org/news/news-release/former-managerpermanente-cement-plant-convicted-bribery For criminal cases, see C1922989, B1901033, B1902597, which are against 7 individuals and companies: The People of the State of California vs.
SABAWI, ALA SAMIR; RASCOM; INDUSTRIAL WORKFORCE INC.; SEGURA, ROBERT ANTHONY; YANEZ, JUAN PEDRO; Saffari, Mohammed Reza; and DELVALLEFAVELA, RICARDO. The attached court document provides insight into these cases.
EXAMPLES OF VIOLATIONS THAT THE COUNTY HAS NOT RECORDED:
1. Failure to conduct a wildlife survey prior to building the illegal 40-foot wide road that was built during bird-nesting season and destroyed approximately 56 trees (see:
https://www.cupertino.org/home/showdocument?id=23406)
2. Lehigh made major structural repairs to its cement silos that had been spalling without applying for building permits. Now the County has no visibility as to the structural work that has been done.
Spalling is when water gets into a concrete building and starts to rust the structural reinforced steel bars (rebar) which then expand and cause chunks of concrete to fall off of the building, potentially injuring people and damaging vehicles nearby.
3. Lehigh failed to report a 6 million gallon chlorinated water spill into Permanente Creek to the California State Office of Emergency Services (OES). The County is responsible for enforcement.
Consequently, there is no record of this spill in the OES database.
CUPERTINO COLLECTS PENALTIES FROM LEHIGH: The report leaves an inaccurate impression of fines paid to The City of Cupertino, “1 violation with 4 counts with an administrative citation fee of $100.” https://district5.sccgov.org/press-releases/county-issues-ten-year-compilationlehigh-violations Because I was shocked to read that Lehigh had paid Cupertino only $100, I put in an inquiry into Chad Mosley, Cupertino Assistant Director of Public Works/City Engineer. I have summarized below.
Lehigh has actually paid Cupertino over $150,000 in penalties and Lehigh has completed its restitution for tree replacement on site.
- Approximately $128K penalty fees paid for retroactive tree permit (tree permit would have been about $6K; the total permit was $134,946.) - Approximately $23K penalty fees paid for retroactive grading permit (grading permit would have been about $23K; the total permit was $46,494) Specifically, Lehigh has already planted 49 replacement trees on site per the Protected Tree Ordinance. (20x 36”-box Coast Live Oak, 1x 36”-box Interior Live Oak, 23x 24”-box Blue Oak, 5x 24”-box California Buckeye). The erosion issues have been repaired; the haul road reversion grading design has yet to be finalized.
3 HEIDELBERGCEMENT’S CHAIMAN COMMENTS ON LEHIGH PERMANENTE SITE:
Finally, please consider HeidelbergCement’s attitude toward our community as its Chairman Bernd Scheifele, commented on the Permanente quarry and cement plant during a financial analyst call 8/1/2017
“Heidelberg has the luxury to run 3 cement plants in a very nice part of North America in California. But California is not very friendly to heavy industry, meaning operation costs in California are extremely high because I think we spend -- or each year, at least 2 million or 3 million [EURO] for lawyers who fight the Sierra Club which I'm not sure whether you're aware, you know the Sierra Club, this is a kind of ecologist, grass-root movement in U.S. and they are trying to sue us on whatever is happening. So this is not an easy environment. Our cement plant in Permanente is based in Cupertino. We have an excellent view on the new Apple headquarter. So that's a very nice area. The problem is our neighbors are all these Silicon Valley freaks, these multimillionaires and they love if our trucks come and go from the cement plant, so that makes the whole operational environment a little bit difficult, but tells you a little bit about the intrinsic real estate value of that piece of property, I think it is about 2000 hectares or whatever. So it's a huge site.
And we had always problems to run the plant, also to find the right personnel, because it is for us extremely difficult to find a decent plant manager and production manager because living costs in Cupertino are sky high. That's the one part. So we have a little bit of people issue and the other point is we had an extremely wet weather and production problems. And to make a long story short, Heidelberg, we were aggressive. We finally decided to change plant management in a very broad range. We fired the plant manager, the production manager and the maintenance repair manager and brought 3 new guys in. And I'm watching the KPIs now with a lot of attention and our production volumes in May and June have already significantly improved. So we are now on a better trend. Some call it weather-related delays in production.
You can word it that way; that is nice. If you say it also, I would say it was a mix of weather and a little bit underperformance on the management side. And on the latter, the tolerance in Heidelberg is relatively low. That's why we moved now on the management side and we're confident that we will have a better run on the second half.” (HeidelbergCement Half-Year Financial Report January to June 2017 | Press Conference Call | Analyst Conference Call August 1 2017. Audio starts at 1:01:14 https://www.heidelbergcement.com/en/half-yearfinancial-report-january-to-june-2017-press-conference-call-analyst-conference-call) REQUESTS OF THE COUNTY:
1. The County should fine Lehigh for noticed violations
2. The County should require remediation for noticed violations
3. The County should notice violations that have not yet been noticed
4. The County should consider all property conditions when valuating the property. The EMSA should have completed reclamation by now, but silt continues to be removed from the EMSA. The reclamation plan does not include the Yeager Yard landslide, which could block the creek and cause a health/safety hazard to downstream homes. Remediation cost of the industrial site and railyard is unknown. The Financial Assurance Cost Estimate (FACE) is still likely too low. One big change came from taking $2.5M more in credits for recycling metals than previously.
5. The County must not allow the new Rock Plant to operate. Case law shows that it is not vested and it will create a deficit of rock for fill. Note that the only reason it got an air permit was because BAAQMD’s legal department asked staff to recalculate to lower the cancer risk.
Sincerely, Rhoda Fry
attached: Comparative labor-safety report, fire report, portion of criminal case
LEONIDOU & ROSIN
Professional Corporation
A. Robert Rosin (SBN 115245)
Patricia Walsh (SBN 121098)
777 Cuesta Drive, Suite 200
Mountain View, CA 94040
Telephone: 650-691-2888
Facsimile: 650-691-2889
Email: arrosinPaalr-law.corn, nwalshQalr-law.corn
Attorneys for Plaintiff
M. HERNANDEZ CONSTRUCTION, INC., dba
HERNANDEZ ENGINEERING
10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 M. HERNANDEZ CONSTRUCTION, INC.,
dba HERNANDEZ ENGINEERING, a
California corporation,
Plaintiff,
vs.
LEHIGH SOUTHWEST CEMENT
COMPANY, a purported California
corporation;
ROBERT ANTHONY SEGURA, JR.,
individually and dba RASCOM;
SURETEC INDEMNITY COMPANY, a
purported California corporation; and
DOES I through 30, inclusive;
Defendants.
) Case No.: 17CV314983
)
)
) M. HERNANDEZ CONSTRUCTION)
)
INC.'S SETTLEMENT CONFERENCE
) STATEMENT
)
)
) Unlimited Jurisdiction
)
)
) Date: March 24, 2021
) Time: 9:00 a.m.
) Dept: 20
)
) Judge: Honorable Socrates P. Manoukian
)
) TRIAL DATE: APRIL 5, 2021
)
)
)
M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCS&3037SIS&00249237.DOCX
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 3/16/2021 4:59 PM
Reviewed By: System System
Case #17CV314983
Envelope: 6046755
17CV314983
Santa Clara – Civil
System System
1 INTRODUCTION
2 M. Hernandez Construction, Inc. dba Hernandez Engineering ("Hernandez Engineering" 3 or "Hernandez"), a subcontractor, is owed $363,111.04 by defendant Robert A. Segura dba 4 RASCOM ("Segura"), inclusive of attorney's fees and interest. Segura admitted his liability for 5 the principal amount ofthe debt. (Exhibit 1.) Segura's obligation arises from a written subcontract 6 with Hernandez concerning the improvement of a cement plant at the Permanente Quarry in Cupertino. The project in question is known as the Storm Water Diversion Pipelines A, B, C, and g D (the "project").
PARTIES TO THIS LITIGATION
10 M. Hernandez Construction, Inc. dba Hernandez Engineering: Hernandez Engineering is represented by Patricia Walsh of Leonidou & Rosin Professional Corporation. 12 Robert Anthony Segura, Jr. dba RASCOM. Segura's sole proprietorship is represented 13 by Charles Pressman, Esq., of Fred Puglisi & Associates. 14 Hernandez has dismissed defendant Lehigh Southwest Cement Company, the project owner, and Suretec Indemnity Company, Segura's license bond surety. 16 BACKGROUND
17 Hernandez Engineering is a licensed engineering contractor. Hernandez Engineering lg enjoys a stellar reputation in the Bay Area, having decades of experience in public and private 19 works commercial and industrial construction. According to Lehigh's construction manager, 20 Golder Associates, Hernandez Engineering is one ofthe best contractors with whom Golder has 21 ever worked.
22 The Segura/Hernandez Engineering Subcontract
23 Robert A. Segura dba RASCOM executed a lump sum subcontract with Hernandez 24 Engineering on or about November 13, 2015. Segura advances the theory that the subcontract 25 with RASCOM, a corporation, but that is false. RASCOM was only licensed as a sole 26 proprietorship at all times relevant hereto. On the subcontract, Segura's CSLB license is listed 27 under Mr. Segura's signature as 1002061. When the parties executed their agreement, this license 2g was issued to a sole proprietorship. This is the only license that was active for an entity named 1 M. HERNANDEZ CONSTRUCTION, INCZS SETTLEMENT CONFERENCE STATEMENT S IALRDOCS&30373ISI00249237.DOCX
1 RASCOM when the subcontract was signed. RASCOM as a corporation did not become licensed 2 until years later. There is no basis for any contention by Mr. Segura that the subcontract is with 3 RASCOM, a corporation, Hernandez added RASCOM the corporation as a defendant at some 4 point but will dismiss it before trial.
5 Under the original subcontract, Hernandez Engineering agreed to furnish labor, materials, 6 equipment and services for the construction of a sediment basin, outlet box, and storm water 7 diversion pipelines A, B, C and D, at the Lehigh Cement Plant in Cupertino, for a price of 8 $497,000. The work was performed in accordance with plans prepared by Golder. The subconnact 9 price was increased in part by agreement for certain extra work performed by Hernandez that is 10 not the subject of this litigation, without the issuance of formal change orders.'egura paid 11 Hernandez for the original and certain extra work, all of which was completed in early 2016. 12 Except for the work here at issue, Segura paid Hernandez in full. 13 Directives to Hernandez Engineering to Perform the Unpaid Extra Work 14 During Hernandez Engineering's performance, there were many active projects ongoing at 15 the Plant. No other projects involved Hernandez Engineering, but many involved Segura. 16 Apparently due to the demands ofthe other work, Segura oAen was not available to discuss matters 17 concerning the subject project. With respect to the work at issue that took place in approximately 18 February, March and April 2016, Segura had become so busy with other work at the Lehigh Plant 19 that he told Mariano Hernandez, "just deal with Greg [Fedak]" (Golder's site superintendent). 20 Hernandez Engineering followed Segura's directive and performed the work now at issue as 21 Golder requested.
22 Segura's Promise to Pay for the Extra Work
23 Hernandez presented change order requests to Segura. Segura passed them on to Lehigh 24 and then met with Lehigh to negotiate a final amount. On June 15, 2016, Mr. Segura emailed Mr. 26 Hernandez to advise that he had reached a settlement with Lehigh whereby Lehigh agreed to pay 26 Segura $ 133,868.00 for Hernandez's work here at issue: "The eood news is that the negotiations 27 'The parties never followed and therefore waived the requirements of the change order procedures under the subcontract.
2 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCS(30375&5&00249237.DOCX
are over. On vour orisinal extras that totaled $ 111k we anreed on 65,868. And on the second extras 2 that totaled $73k we anreed on $68k. That is final." (Exhibit 1.) Therefore, a principal sum owed of at 3 least $133,868 is not in dispute. Segura said he would pay Hernandez once the owner paid Segura, as is 4 customary in many construction projects.
5 Segura's Criminal Enterprise at Lehigh Stopped Payments for Work 6 Segura did not pay as promised. Lehigh refused to pay Segura further after discovering that he had 7 committed numerous acts of fraud upon Lehigh together with others (not Hernandez). That fraud is the 8 subject of an ongoing criminal complaint against Segura. (Exhibit 2.) Hernandez pressed Segura for 9 payment. Segura responded only that he had not been paid yet. (Exhibit 3,) 10 LEGAL ANALYSIS
11 Hernandez Engineering's Complaint
12 Hernandez Engineering filed its complaint against Lehigh and Segura in 2017. Against Segura, 13 Hernandez has alleged causes of action for quantum meruit, moneys due, account stated, and breach of 14 contract,
15 Segura's Liability to Hernandez
16 Segura's refusal to issue change orders to Hernandez for work that Segura authorized is a material 17 breach. C.G. Byson v. City ofLos Angeles (1957) 149 Cal. App. 2d 469 (failure to pay undisputed amounts 18 unless other work were performed at no charge constituted a material breach); Smith v. Empire Sanitary 19 District 127 Cal. App. 2d 63 (1954). Segura authorized Hernandez to take direction for his work from 20 Golder because Segura couldn't spare the time to administer the project as a competent contractor would 21 have done under these circumstances. If the principal clothes his agent with authority, a person dealing 22 with the agent, in the absence of any conduct on the part of either principal or agent warranting inquiry, is 23 entitled to rely upon that apparent authority. Myers v. Stephens (1965) 233 Cal. App. 2d 104. 24 The duty of good faith and fair dealing inherent in all contracts requires a party, when exercising 25 its rights under a contract, to act so as not to deprive the other party of the benefit of its bargain. Carma 26 Developers (California), Inc. v. Marathon Development California, Inc. (1992) 2 Cal. 4th; Third Story 27 Music, Inc. v, Waits (1995) 41 Cal. App. 4th 798, 808. "The essence of the good faith covenant is 28 objectively reasonable conduct." Lazar v. Hertz Corp. (1983) 143 Cal. App. 3d 128, 141. "A contract will 3 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S IALRDOCSI3037SIS&00249237.DOCX
not be construed so as to place one party at the mercy of another." Yamanishi v. Bleily &i Collishaw, Inc. (1972) 29 Cal. App. 3d 457, 462-463. Segura allowed Golder to be his agent for the work at issue, and is liable for the work that he authorized through Golder. To hold otherwise is a breach ofthe duty of good faith and fair dealing.
Hernandez relied upon Segura's instructions and performed the work that Golder directed. Segura is estopped from disavowing a contractual relationship with Hernandez after the fact. "Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it." Evidence Code $ 623; DRGIBeverly Hills, Ltd. v. Chopstix Dim Sum Cafe & 10 Takeout III, Ltd. (1994) 30 Cal. App. 4th 54, 60-61. An estoppel may arise although there was no designed fraud on the part ofthe person sought to be estopped. To create an equitable estoppel, "it is enough ifthe 12 party has been induced to refrain from using such means or taking such action as lay in his power, by which 13 he might have retrieved his position and saved himselffrom loss." Lantsy v. Centex Ho~es (2003) 31 Cal. 14 4th 363, 384.
15 Estoppel can be used in connection with disputes concerning interpretation of a contract, to bind 16 the party who induced detrimental reliance. Wilson v, Bailey (1937) 8 C. 2d 416 (party may be estopped 17 by its conduct to raise interpretation contrary to one held by the other party.) Here, Segura induced 18 Hernandez's detrimental reliance by authorizing Hernandez to proceed based upon direction from Golder. 19 Hernandez relied to its detriment upon Segura*s direction. Therefore, Segura will be estopped from refusing 20 to pay Hernandez Engineering.
21 Because Segura authorized Hernandez to accept direction for changes from Golder which resulted 22 in extra work, Hernandez is entitled to recover for the costs it incurred. Angeles Unified School Dist. v. 23 Great American Ins. Co. (2010) 49 Cal. 4th 739, 744; G. Voskanian Construction, Inc. v. Alhambra Unified 24 School Dist. (2012) 204 Cal. App. 4th 981; McIsaac & Menke v. Cardox Corp. (1961) 193 Cal. App. 2d 25 661, 666-68, 672; 1st Olympic Corp. v. Hawryluk(1960) 185 Cal. App. 2d 832, 841; C. F. Bolster Co. v. 26 J. C Boespflug etc. Co. (1959) 167 Cal. App. 2d 143, 150-151; Punton v. Sapp Bros. Constr. Co. (1956) 27 143 Cal. App. 2d 696, 701;
28 Civil Code Section 3300 prescribes the measure ofdamages for Segura's material breach ofcontract:
4 M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S:IALRDOCS&30373ISI00249237.DOCX
I
the amount which will compensate the party aggrieved [Hernandez Engineering] for 2 all the detriment proximately caused thereby, or which, in the ordinary course of 3 things, would be likely to result therefrom.
4 The "detriment" which Civil Code Section 3300 refers is the "loss or harm" that the 5 plaintiffsuffers. Civ. Code I'I 3282. Hernandez is entitled to all the benefits which it would 6 have obtained ifthe contract had been fully performed by both parties. Civ. Code (3 1512. 7 Segura therefore is entitled to recover for all of the detriment that Segura has caused, 8 including the costs associated with performing extra work. 9 The subcontract permits a prevailing party to recover its attorney's fees. 10 12
13 14
15 16
RECAP OF DAMAGES
Amount
$ 184,644.00
(C.C.P. I'I 3287(a).) 83,016.00
de $ 13 1032 et se .; 90,148.50
Damages
Work Order Total
Interest Qa,10% per Annum
Attorney's Fees (Civ. Co q
1717.)
Costs
Total Damages
5,302.54
$363 111 04
SETTLEMENT DISCUSSIONS
The parties mediated this case over a year ago with Brad Bening, Esq. Segura offered $20,000 in settlement. More recently, Segura's highest offer was $ 15,000. Hernandez's bottom line was $30,000, had that sum been paid without Hernandez incurring additional fees, such as to prepare for and attend this conference.
20 Dated: March 15, 2021
21 LEONIDOU & ROSIN
Professional Corporation
22 23
24 25
26 By
Patricia Walsh
Attorneys for Plaintiff
M. HERNANDEZ CONSTRUCTION, INC., dba
HERNANDEZ ENGINEERING
27 5
M. HERNANDEZ CONSTRUCTION, INC.'S SETTLEMENT CONFERENCE STATEMENT S:IALRDOCS&30375&5(00249237.DOCX
Exhibit Exhibit 1
Ir«& rf
Mariano Hernandez
From:
Sent:
Tor
Subject:
Robert Segura «rasjfgggtbgnwll.com&
rsfednssdsy, June 14 2018 6d9 PM
Medsrxf Hernandez
Re; Update on the Extras
Aminis making nie desperate every thing per pipeliee. so swill coinpiate and resubmit tomorr'ow. The goodnews Is that the negotlatiobs are over, On your priginal extras that totaled 111k we agreed on 65wg. turd on the second extras that totaled 83k we agreed on 68k . This ls final
Sent from my lphone
on Jun 16, 2016, at 406 piyt, Marlano Hernend'et &marisnnrahemander-eneineerinrccom& wroter Hi Robert,
would you update me on possible datesto receive payment for the extra work 9 Thanks
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Exhibit Exhibit 2
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PALO ALTO COURTHOUSE
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
vs
DOCKET NOS. B1901033 (LEAD)
B1902597
CONSOLIDATED SECOND AMENDED
FELONY COMPLAINT
CASE SUMMARY
RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDI.OTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAFFARI (01/07/1969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240
INDUSTRIAL WORKFORCE INC
4070 NORTH PALM STREET SUITE 703
FULLERTON CA 92835
RASCOM
4070 NORTH PALM STREET, SUITE 703
FULLERTON, CA 92835
JUAN PEDRO YANEZ (04/16/I 980),
17431 MORGAN'S LAKE DR CYPRESS TX 77433
DA NO: 190307212
Defendant(s).
CASE SUMMARY
Count Charge
I PC182(a)(4)
Charge Range Defendant
PC694 Ricardo Delvallefavela
Ala Sarnir Sabawi
Mohammed Reza Saffari
Robert Anthony Segura
Industrial Workforce Inc.
Rascom
Allegation Alleg. Effect
2 PC487(a) 16m-2y-3y Ricardo Delvallefavela .
Ala Samir Sabawi
Mohammed Reza Saffari
3 PC641.3(a) 8m
4 PC487(a) gm
8m
16m-2y-3y
Mohammed Reza Saffari
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Anthony Segura
Industrial Workforce Inc.:
Raseem
5 PC641.3(a) gm Robert Anthony Segura
Industrial Workforce Inc.
6 PC641.3(a) 8m
7 PC641.3(a) 8m
8 PC641.3(a) 8m
Ricardo Delvallefavela
Ala Samir Sabawi
RobertAnthony Segura
Industrial Workforce Inc.
Ricardo Delvallefavela
Ala Samir Sabawi
9 PC641.3(a) 8m Robert Anthony Segura
Industrial Workforce Inc.
10 PC641.3(a) 8m Ricardo Delvallefavela
Ala Samir Sabawi
11 PC641.3(a) gm
12 PC641.3(a) gm
13 PC641.3(a) gm
14 PC641.3(a) gm
Robert Anthony Segura
Rascom
Ricardo Delvallefavela
Ala Sanur Sabawi
Robert Anthony Segura
Rsscorn
Ricardo Delvsllefavela
Ala Sanur Sabawi
15 PC641.3(a) gm
16 PC641,3(a) 8m
Robert Anthony Segura
Industrial Workforce inc.
Ricardo Delvallefavela
Ala Ssmir Sabawi
17 PC641.3(a) Sm Robert Anthony Segura
Industrial Workforce Inc.
18 PC641.3(a) Sm Ricanlo Delvallefavela
Ala Samir Sabawi
19 PC641.3(a) 8m Robert Anthony Segura
Industrial Workforce Inc.
20 PC641.3(a) 8m Ricardo Delvallefavela
Ala Samir Sabawi
21 PCI 82(a)(4) PC 694
PC 694
22 PC641.3(a) Sm
23 PC641.3(a) 16m-2y-3y
24 PC641.3(a) Sm
25 PC641.3(a) 8m
26 PC641.3(a) 8m
27 PC641,3(a) 8m
28 PC641.3(a) 8m
29 PC641.3(a) 8m
30 PC641.3(a) 8m
3'1 PC641.3(a) 8m
32 PC641,3(a) Sm
33 PC641.3(a) 8m
34 PC641.3(a) 8m
35 PC641.3(a) Sm
36 PC641.3(a) Sm
37 PC641,3(a) Sm
38 PC641.3(a) Sm
Robert Anthony Segura
Juan Pedro Yanez
Rob ert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
Juan Pedro Yanez
Robert Anthony Segura
39 PC641.3(a) Sm
40 PC641 3(a) Sm
41 PC6419(a) Sm
42 PC641.3(a) Sm
43 PC641.3(a) Sm
Alleg.
Juan Pedm Yanez
Robert AnthonySegura.
Pedro Yanez "'uan
'Robert"Anthony Segora
Juan Pedrp Yanez
Ricardo Delvallefavela
Ala Samir Sabawi
Robert Aiithony
Segura„'n'dustrialWorkforce Inc.
Rascom.
PG186;I I(a)(3) I'year
State Prison
10y/120m SP
I Oy'/120m SP
16y/192m SP
10'Ay/124m
Ricardo Delvallefave!a.
Ala Samu'abawi
Robert Anthony Segura
Industrial Workforce Inc,
Rascom
Juan Pedro Ysnez
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
PALO ALTO COURTHOUSE
THE PEOPLE OF THE STATE OF CALIFORNIA, DOCKET NOS. B1901033 (LEAD) Plaintiff, B1902597
vs.
RICARDO DELVALLEFAVELA (08/26/1980),
940 HILL MEADOW DRIVE
MIDLOTHIAN TX 76065
ALA SAMIR SABAWI (08/27/1974),
44528 SHADOWCREST DRIVE
LANCASTER CA 93536
MOHAMMED REZA SAFFARI (01/07/1 969),
5680 STARBOARD DRIVE
DISCOVERY BAY CA 94505
ROBERT ANTHONY SEGURA (02/29/1968),
9012 LUBEC STREET
DOWNEY CA 90240
INDUSTRIAL WORKFORCE INC
4070 NORTH PAI.M STREET SUITE 703
FULLERTON CA 92835
RASCOM
4070 NORTH PALM STREET, SUITS 703
FULLERTON, CA 92835
JUAN PEDRO YANEZ (04/1 6/1980),
17431 MORGAbPS LAKE DR CYPRESS TX 77433
Defendant(s).
CONSOLIDATED SECOND AMENDED
FELONY COMPLAINT
DANG: 190307212
~iiro
JUL - 8 20)g
Clerk of the Court supssor/hea sl ca coarser senla carl /
ass/sr
The undersigned is informed and believes that:
COUNT1
On or about and between June 23, 2015 and April 16, 2016, in the County of Santa Clara, State of California, the crime ofCONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN MONEY AND PROPERTY BY'ALSE PRETENSES, in violation of PENAL CODE SECTION 182(a)(4), a Felony, was committed by who did conspire together and with ALA SAMIR SABAWI, RICARDO DELVALLEFAVELA, ROBERT ANTHONY SEGURA, JR., INDUSTRIAL WORKFORCE INC. and RASCOM to cheat and defraud a person, LEHIGH HANSON, INC., of
property, and to obtain money and property by false pr'etenses and false promises with the Iraudulent intent to not perform those promises.
OVERT ACT 1
(CJIC-OTH) That thereafler, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, the cetnent plant's manager and assistant manager respectively, received kickbacks Rom ROBERT ANTHONY SEGURA, JR., the owner ofRASCOM and INDUSTIUAL WQRKFORCE INC ("IWI"), MOHAIED REZA SAFFARI, the owner ofADIA INDUSTRIAL SERVICES ("ADIA") on or about Juno 23, 2015 through April 16, 2016, trom work that they directed for LEHIGH HANSON, INCJs the Pennanente Cement Plant and Quarry to those thre~ vendor companies.
OVERT ACT 2
(CJIC-OTH) That thereafter, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, provided othervendors'ids to enable RASCOM, IWI, and ADIA to maximize their bids while still being the lowest bid.
OVERT ACT 3
(CJIC-OTH) That thereafter, at and in the County of Santa C[aka, State ofCalifornia and in the furtherance o fthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, convinced other LEHIGH HANSON, INC. personnel that RASCOM, IWI, or ADIA had specific skill sets so no alternative vendor could be used.
OVERT ACT 4
(CJIC-OTH) That thereafter, at and in the County ofSanta Clara, State ofCalifouna and in the furtherance ofthe conspiracy and to effect its object, ALA SAMiR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 through April 16, 2016, approved inflated invoices by RASCOM, IWI and ADIA forjobs that were to be billed on a time and materials basis.
OVERT ACT 5
(CJIC-OTH) That thereaQer, at and in the County ofSanta Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA on or about June 23, 2015 thmugh April 16, 2016, tried to conceal the kickbacks by setting up a consulting company, C3S CONSULTING LLC, that had a separate bank account and email address, and invoiced the amount ofthe kickback payments to RASCOM, IWI, and ADIA, so that the payments appeared to be for legitimate work by that consulting company.
COUNT 2
On or about and between September 10, 2015 and April 16, 2016, in the County of Santa Clara, State of California, the crime ofGRAND THEFf OF PERSONAL PROPERTY OF A VALUE OVER NINE HUNDRED AND FIFTY DOLLARS, in violation ofPENAL CODE SECTION 487(a), a Felony, was committed by RICARDO DELVALLEFAVELA, ALA SAMIR SABAWI and MOHAMMED REZA SAFFARI who did unlawfully take personal property, money by way offalse and/or inflated invoices, of a value exceeding nine hundred and fifty dollars ($950.00), the property ofLEHIGH HANS ON, INC.
COUNT 3
On or about and between September 10, 2015 and April 16, 2016, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBEVALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was cominitted byMO~D REZA SAFFARI who did, oft'er and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofMOHAMMED REZA SAFFARI AND ADIA INDUSTRIAL SERVICES.
COUNT4
On or about and between June 23, 2015 and January 25, 2016, in the County ofSanta Clara, State of California, the crime of GRAND THEFT OF PERSONAL PROPERTY OF A VALUE OVER PENE HUNDRED AND FIFTY DOLLARS, in viol ation ofPENAL CODE SECTION 487(a), a Felony, was committed by ALA SAMIR SABAWI, RICARDO DELVALLEFAVELA, ROBERT ANTHONY SEGURA, JR., INDUSTRIAL WORKFORCE INC. and RASCOM who did unlawfully take personal property, money byway offalse and/or inflated invoices, of a value exceeding nine hundred and fifty dollars ($950,00), the property ofLEHIGH HANSON, INC.
COUNTS
On or about June 23, 2015, in the County of Santa Clara, State of California, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC..
COUNT 6
On or about June 23, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBBRY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree tc accept money by check, with a value exceeding one thousand dollars ($1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, cormptly and without tbe knowledge and consent ofthe einployer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 7
On or about July 18, 2015, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. snd INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using aod agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 8
On or about July I S, 2015, iu the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000)i fium a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT9
On or about August 19, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give inoney by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANS ON, INC., namely, ALA SAMIR SABAWIAND RICHARDO DELVALLEFAVELA, in return for that employee using and.agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCF. INC.
COUNT 10
On or about August 19, 2015, in the County of Santa Clara, State ofCalifonua, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEIGH HANSON, INC„wbo did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC, other than in trust for the employer, corruptly and without the know'ledge and consent ofthe employer, in return for using and agreeing to use his or her position.for the benefit ofROBERT ANTHONY SEGVRA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 11
On or about September 18, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE — VALUB EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and RASCOM, who'did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and RASCOM.
COUNT 12
Ou or about September 18, 2015, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), finm a person, other than his or her employer, munely, ROBERT ANTHONY SEGURA, JR. and RASCOM other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position furthe benefttofROBERT ANTHONY SEGURA, JR. and RASCOM.
COUNT 13
On or about November 13, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and RASCOM, who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee oi'LEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and RASCOM.
COUNT 14
On or about November 13, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of
PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by checlt, with a value exceeding one thousand dollars ($1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and RASCOM other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and
RASCOM,
COUNT 15
On or about December 9, 2015, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation ofPENAL CODE SECTION 641 3(a), a'Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an einployee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefi ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 16
On or about December 9, 2015, in the County of Santa Clara, State of California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coinmitted by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by cheek, with a value exceeding one thousand dollars ($1,000), fiom a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly snd without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC, COUNT 17
On or about December 27, 2015, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, ofter and give money by
check, with a value exceeding one thousand dol!ars ($ 1,000), to an employee ofLEHIGH HANS ON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 18
On or about December 27, 2015, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641,3(a), a Felony, was committed by RICARDO DELVALLEFAVELA and ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, mnnely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly snd without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFQRCE INC.
COUNT 19
Qn or aboutJanuary 25, 2016, in the County ofSanta Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VAI.UE EXCEEDING $1000.00; in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC., who did, offer and give money by check, with a value exceeding one thousand doIlars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, ALA SAMIR SABAWI and RICARDO DELVALLEFAVELA, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 20
On or about January 25, 2016, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by RICARDO DELVALLEFAVELA snd ALA SAMIR SABAWI, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), fium a person, other than his or her employer,-namely, ROBERT ANTHONY SEGURA, JR. and INDUSTRIAL WORKFORCE INC. other than in trust for the employer, corruptly and without the knowledge and
consent ofthe employer, in return for using snd agreeing to use his or her position for the benefit of ROBERT ANTHONY SFGURA, JR. and INDUSTRIAL WORKFORCE INC.
COUNT 21
On or about and between September 14, 2015 snd June 16, 2016, in the County of Santa Clara, State of California, the crime ofCONSPIRACY TO DEFRAUD PERSON OF PROPERTY OR OBTAIN MONEY AND PROPERTY BY FALSE PRETENSES, in violation of PENAL CODE SECTION 182(a)(4), a Felony, was committed by ROBERT ANTHONY SEGURA AND JUAN PEDRO YANEZ who did conspire together and with others to cheat and defraud a person, LEHIGH HANSON, INC., of property, and to obtain money and property by fiilse pretenses and false promises with the Iiaudulent intent to not perform those promises.
OVERT ACT 1
(CJIC-OTH) That thereafter, at and in the County ofCounty of Santa Clara, State ofCalifornia and in the furtherance ofthe conspiracy and to effect its object, JUAN PEDRO YANEZ, the cement plant's maintenance manager, on or about on or about November 6, 2015 tlirough June 16, 2016, received bribes in the form ofchecks fium ROBERT ANTHONY SEGURA, JR. and vendor companies owned by ROBERT ANTHONY SEGURA, JR. forJUAN PEDRO YANEZ's approval ofwork done by those vendors for LEHIGH HANSON, INCJs the Permanente Cement Plant and Quarry by vendors ROBERT ANTHONY SFGURA, JR., including the approval of payments for that work..
COUNT 22
On or about September 14, 2015, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed byROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO.YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 23
On or about September 14, 2015, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee
ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), froin a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 24
On or about November 6, 2015, in the County of Santa Clara, State of California, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation of PENAL CODB SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee ~sing and agreeing to use his or her position forthe benefit ofROBERT ANTHONY SEGURA, JR..
COUNT. 25
On or about November 6, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dolltus ($ 1,000), &om a person, other than his or her employer, namely, ROBBRT ANTHONY SEGURA, JR. other than in trust for the employer, coauptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 26
On or about December 3, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
10
COUNT 27
On or about December 3, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBFRY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 6413(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), f'rom a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, conuptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position forthe benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 2$
On or about December 22, 2015, in the County ofSanta Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($1,000), to an employee ofLEHIGH HANSON, INC., nainely, JUAN PEDRO YANEZ, in return for that employee using and agreeiug to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 29
On or about December 22, 2015, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), &om a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR, other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR..
COUNT 30
On or about January 19, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT
ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely,JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 31
On or about January 19, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 32
On or about February 10, 2016, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000 00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, ofier and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 33
On or about February 10, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coinmitted by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit of ROBERT ANTHONY SEGURA, JR..
12
COUNT 34
On or about March 11, 2016, in the County ofSanta Clara, State of California, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1000), to an employee ofLFHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in renun forthat employee using and agreeing to use his or her position for the benefit ofROBERT
ANTHONY SEGURA, JR,
COUNT 35
On or about March 11, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check,.with a value exceeding one thousand dollars ($ 1,000), fi'om a person, other. than his or 'her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe emp]oyer, in rehun for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 36
On or about April 14, 2016, in the County ofSanta Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 37
On or about April 14, 2016, in the County of Santa Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee of LEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), from a person, other than his or her employer, namely, 13
ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 38
On or about April 15, 2016, in the County of Santa Clara, State of California, the crime of
COMMERCIAL BRIBERY BY PERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000,00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, 'JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 39
On or about April 15, 2016, in the County ofSanta Clara, State of California,
the crime of
COMMERCIAL BRIBERY BY EMPLOYEE - VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was coramitted by JUAN PEDRO YANEZ, an employee of LFHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($ 1,000), &om a persorr, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, conuptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 40
On or about May 5, 2016, in the County of Santa Clara, State ofCalifornia, the crime of
COMMERCIAL BRIBERY BY FERSON OFFERING AND GIVING BRIBE - VALUE EXCEEDING $ 1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC„namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR„
14
COUNT 41
On or about May 5, 2016, in the County of Santa Clara, State ofCalifornia, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 641.3(a), a Felony, was cotnmitted by JUAN PEDRO YANEZ, an employee ofLEHIGH HANSON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000), fium a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corru'ptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR,.
COUNT 42
On or about June 16, 2016, in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY PERSON OFFERlNG AND GIVING BRIBE - VALUE EXCEEDING $1000.00, in violation ofPENAL CODE SECTION 641.3(a), a Felony, was committed by ROBERT ANTHONY. SEGURA who did, offer and give money by check, with a value exceeding one thousand dollars ($ 1,000), to an employee ofLEHIGH HANSON, INC., namely, JUAN PEDRO YANEZ, in return for that employee using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
COUNT 43
On or about June 16, 2016; in the County ofSanta Clara, State of California, the crime of COMMERCIAL BRIBERY BY EMPLOYEE — VALUE EXCEEDING $ 1,000.00, in violation of PENAL CODE SECTION 6413(a), a Felony, was committed by JUAN PEDRO YANEZ, an employee ofLEHIGH HANS ON, INC., who did, solicit, accept, and agree to accept money by check, with a value exceeding one thousand dollars ($1,000); from a person, other than his or her employer, namely, ROBERT ANTHONY SEGURA, JR. other than in trust for the employer, corruptly and without the knowledge and consent ofthe employer, in return for using and agreeing to use his or her position for the benefit ofROBERT ANTHONY SEGURA, JR..
AGGRAVATED WHITE COLLAR CRIME ENHANCEMENT
It is further alleged that the felony crimes charged in Counts 1-20 are related, that a material element of the crimes is Iraud and embezzlement, that the crimes involve a pattern ofrelated felony conduct, and that the pattern ofrelated felony conduct by involves the taking ofmore than one hundred thousand 15
dogars ($ 100,000), but not more than five hundred thousand dofiars ($500,000) within the meaning of Penal Code sections 186.11(a)(1) and (a)(3).
Any defendant,'ncluding a juvenile, who is convicted of and pleads guilty and no contest to any felony offense, including any attempt to commit the offense, charged in this'omplaint or information is required to provide buccal swab samples, right thumbprints and a full palm print impression of each hand, and any blood speciinens or other biological samples required pursuant to the DNA and Forensic Identification Database and Data Bank Act of 1998 and Penal Code section 296, etseq.
Further, attached and incorporated by reference are officia reports and documents of a law enforcement agency which the complainant believes establish probable cause for the arrest and pretrial detention of defendant RICARDO DELVALLEFAVELA, ALA SAMIR SABAWI, ROBERT ANTHONY SEGURA, and JUAN PEDRO YANEZ for the above-listed crimes.
Complainant therefore requests that the defendant(s) be dealtwith according to law.
I certify under penalty ofperjury that the above is true snd correct.
MK.,
DANIEL
Deputy
~
(Sanford 0730153C)
Exhibit Exhibit 3
Rascon Walls Walls/Messages...
ates:6/27/2016 1:02:
No, unfortunately purchasing gave the job to a tola
lly new contractor, on Friday .
I'm here trying to ligh
tsstssooesr t it right now but I'm getting no where
Dates:7/1/2016 10:1322 AM
Hi Robert, Can you give me posible (Approximate)
dates for payment and information on sny thing tha
t I need to do on my end to make it happen? Is ther
e any thing (New projects) developing there7 Regs
res
Me
Dates:7/6/2016 9:49:09 AM
Hi Robert, Oid you get my email today, what do you
think7
Me
Dates:7/1 2/201 6 9:02I57 AM
30 of 37 1/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Hi Robert, Oid you get a chance to consider my req
uest?
Dates:7/12/2016 9:13:26 AM
+tsszssocssr
Yes I did Mariano, right now I'm waiting for Lehigh t
o release payment on my invoices from the big job
I did, which are 95 days old already .
I'm hoping tha
t they release them today but there is no guarantee
of that. But if and when they release my money I wi
II do something for you . But even then, your going
to have to do a LOT better then 1,300 dollars. I did
not put any money on top of your extras. So for you
to get paid asap and me to wait two months for the
money at no profit will not work for me.
Dates:7/1 2/2016 11;22: 56 AM
Can you give me a schedule of payment? I assume
that the invoice for 17.5K gotta be dose to be paid.
Are the other 2 invoices 60 day firm to be paid? Ho
w much you want to profit to make the advanced p
ayment?
Dates:7/1 2/2016 11:26:23 AM
+tsszsscossr
The 17.5 should come within the next 30 days and
the rest in about 68 days. Everyone is on net 75 no
w. There is no more net 55.
Dates:9/7/2016 5:31:10 PM
Hi Robert, I know you are a busy man. I will not tak
e much of your time I just need to know when I can
send a guy to pick up the check. Let me know. Tha
nks
Me
Dates:9/7/2016 5i43:20 PM
31 of 37 1/9/2015, 11:37 AM
Rsscon Walls Ble:///C:/Users/Chellie/Documents/Rsscon Walls/Rsscon WsllsrMesssges... et 5626500467
I'm having problems collecting money from Lehigh.
They have not paid me since July. I have to give th
sm 5 Irxtensive package on supporbng documentst
ron of bifsng hour~s They are going thru some hug Ni/1
e changes that are not friendly to me. So I will give
you an update next week
Dates:9/12/2016 5:39:27 PM
Hi Robert, Whet are the good news
Dates:9/1 3/2016 1:06:07 PM
No, read my last text
+4 5526500467
Dates;9/1 3/2016 1:06:23 PM
Hi Robert, Are we going to have our payment read
y to be picked up by middle of next week7 Let me k
now Thank you
Dates:9/1 3/2016 1:06t40 PM
+t5625500462
I'm having to sue Lshlgh for my money. So I'm goin
g to have to ask you for some patience
Dates:9/1 5/2016 1;52:26 PM
I need to talk to you, I lett you a couple of voice me
ssages. I'm being patient I just need to know what i
s the situation and a real time frame of when we ar
e going to get paid Please call me
Me
32 of 37 1/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Dates:9/1 5/2016 5:00:27 PM
I will call you tomorrow so that we can talk
+16626660467
Dates:9/1 6/2016 6:55:38 PM
Are you still going to call me7
Me
Dates:9/22/201 6 4:19:13 PM
Hi Robert, I left you a voice message Looking for st
atua of final payment. Inst week we agreed to talk t
his week Regards
Dates:9/22/2016 6:44:01 Rhlt
+16626666467
I spoke with my attorney today, he said that Lehigh
has not responded so he sent them an email today
around 3 pm. I will talk to him again tomorrow as m
y bank wants an update as well. Then I will getwith
you .
Dates:9/22/2016 7:05:01 PM
OK thanks look fonvard to hearing from you tomorr
Me
Dates:9/23/2016 6:20:48 PM
What is the good newe7
Me
33 of37 I/9/2018, 11:37 AM
Rascon Walls file:///C:/Users/Chellie/Documents/Rascon Walls/Rascon Walls/Messages...
Dates:9/26/2016 9:50:19 AM
M sszesoowr
Ag the pressure in the world ls not going to make L
ehigh move any quicker. I am not holding your mon
ey, Lehigh is. So I promise that as soon as they res
pond, I will update you and as soon es they pay I
will pay you. The continuous phone calls are simply
stressing you and I out So please let me notify yo
u when I have some news. Thank you for your cont
inued patience .
Dates:9/28/2016 3;28:36 PM
Any thing yety
Me
Dates:9/29/2016 5:49:45 PM
Anything yet7
Dates:9/29/2016 5:51:38 PM
etsstssocesr
I'e asked you kindly for patience„, you don't seem
to be doing well with that. So once again, as soon
as I get news, I will convey it to you. I am not holdin g your money. Lehigh is.
Dater.10/5/2016 7:47:19 AM
Robert I need an update at least once a week regs
rding the status of the situation regardless ifsomet
hing is happening or not, otherwise I get really nerv
ous. And start thinking about legal adios. So pleas
e do the best you can to inform me like I said regar
dless if something is moving or not Thank you and
good luck
Me
34 of 37 1/9/2018, 11:37 AM
I released final settlement on 07/1 2/2016 for payment.
Regards,
Amln Ghamsari, PMP
Projects Manager,
Lehish southwest cement Company
Permanente Plant
24001 Stevens Creek Blvd.
Cupertino, CA 96014
Phone: (406) 996-4019
Cell: (406) 202-0080
Amin.shamsari-EsrahaniretehiehHanson.com
From: )viarlano Hernandez [mal)to:marlanordhernandez-enoineerino.corn] Sent: Wednesday, October 05, 2016 2:51 PM
To: Ghamsarl-Esfahani, Amin (Cupertino) USA
Subject: FW: Payment (Storm Water Diversion Plpellnes A, 6, C, and D Amln,
In middle ofJune/2016 Mr. Segura and you met to settle in all the (Extra Work) for this particular project. According with the last conversation with Mr. Segura the final agreement for our extra work was 5 133,868.00 (one for 4 65,868.00 and the second one for 5 68,000.00) this is the money that we are looking for. As you can see in the email below from Rebekah (IWI) last payment was made early May 2016. Can you let me know when the extra work was released for payment on your side? Because if you approved it, let's say end ofJune/2016 plus 75 days per your payment policy, payment should have been done mid-September 2016. Any information about this will be greatly appreciated.
Thank you
From: Marlano Hernandez
Sent: Wednesday, September 28, 2016 10i47 AM
To: '[email protected]'amin.ehamsari-esfahaniraleiehhanson.corn& Cc: Fedak, Greg &pree fedaktaeolder.corn&
Subject: Payment (Storm Water Diversion Pipelines A, 8, C, and D Hi Amin,
I'm Mariano Hernandez CEO of Hernandez Engineering. I'm writing to inform you that our firm built the project Storm Water Diversion Pipelines A, B, C, and D. I assume that the middle man was RASCOM we finished the project but we had not been paid in full. RASCOM still owed us close to 150K. Mr. Segura claims that the reason He has not paid us is because Leigh has not paid RASCOM in full for that particular project. If at all possible I would like to stop by your office any day (you choose) next week to have an informal chat/meeting so you may feed me with the particulars on the situation?.
Please reply at your earliest convenience.
Regards
PROOF OF SERVICE
I am a resident ofthe State of California, over the age of eighteen years, and not a party to the within action. My business address is Leonidou & Rosin, 777 Cuesta Drive, Suite 200, Mountain View, CA 94040. On March 16, 2021, I served the within documents:
M. HERNANDEZ CONSTRUCTION, INC.)S SETTLEMENT
CONFERENCE STATEMENT
by electronically serving the above-referenced document(s) through One Legal, LLC and/or File and ServeXpress, an e-filing provider for Santa Clara County Superior Court. E-service in this action was completed on all parties listed on the service list with the Court. This service complies with the Court's order in this case.
10 12
13 14
15 16
17 David H. Pierce, Esq.
Charles A. Pressman, Esq.
David H. Pierce & Associates PC
15260 Ventura Boulevard, Suite 730
Sherman Oaks, CA 91403-3501
Tel: (818) 826-5480
Fax: (818) 826-5486
Emails: dpierce dhpierce. corn
coressman&a.dhoierce.corn
~ Attorneys for Defendant and Cross-Defendant ROBERT ANTHONY SEGURA, JR. individually and dba RASCOM and Defendant
RASCOM, a corporation
18 19
20 21
I declare that I am employed in the office of a member ofthe bar ofthis court at whose direction the service was made. I declare under penalty of perjury under the laws ofthe State of California that the above is true and correct.
Executed on March 16, 2021, at Mountain View,
California.
22 23
24 25
Pernilla Hansson
26 27
28 S0ALRDOCSI30375I5'i00249255.DOCX
I
PROOF OF SERVICE
Cement Plant in Cupertino – Most Hazardous in California Lehigh Hanson HeidelbergCement Group
The Lehigh Hanson cement plant and quarry in Santa Clara County, Cupertino, owned by HeidelbergCement Group of Germany, have a chronic history of Mining Safety and Health Administration (MSHA) violations. 1 For the past decade,
the facility has been fined over $2.2 million by MSHA, accounting for 39% of all MSHA proposed fines among California’s 8 cement plants. Lehigh Cupertino received 26 times more proposed fines than CEMEX Victorville, which had only 16% fewer hours worked.2 The table below lists California cement plants in order of the average number of hours worked, demonstrating that when it comes to labor safety, size does not matter. As measured by fines, the three Lehigh cement plants are among the most unsafe in California with Lehigh Cupertino as California’s most hazardous cement plant.
While MSHA’s goal is to prevent death, illness, and injury from mining and promote safe and healthful workplaces for U.S. miners, compliance at Lehigh Cupertino remains elusive. Documented injuries and fatalities among 24 miners and 96 plant workers (per 2018 DOL) include: rash on arms and legs from shoveling cement dust; 2nd and 3rd degree burns on legs from raw meal; burns on 15% of upper extremities from clinker; burns on head and hand from checking plug; inhalation injuries of 5 people; inundation of gases requiring evacuation; people trapped in elevator at least 5 times for over an hour; injury after elevator suddenly dropped 3 to 4 feet; broken and crushed feet requiring surgery; hand injuries requiring stitches; face injuries from flying objects causing lacerations and knocked out teeth; eye injuries; multiple fires; and driver killed in truck on fire after a loader ran into it. Not included in the MSHA database are the 2017 fatality and the 2011 massacre that killed four people and injured seven, including a woman who was not affiliated with Lehigh.
“A mine that considers egregious violation records a cost of doing business” -- MSHA3 Additionally, workers are exposed to hazards including industrial and naturally-occurring contaminants detected at elevated levels in soils and cement kiln dust: arsenic, beryllium, cadmium, chromium, lead, mercury, PCBs, and selenium.4In 2015, the EPA found that Lehigh Cupertino failed to report toxic chemicals, such as 169,000 lbs of chromium compounds manufactured, processed, or released, exposing workers and emergency response teams to unknown safety hazards. The EPA settlement agreement included a donation of emergency response equipment such as 12 hazmat suits to the Santa Clara County Fire Department. 5 In 2019, MSHA levied Lehigh Cupertino with 167 citations and orders: 3 violations related to inadequate safety-training and 13 violations were “significant and substantial,” meaning that a hazard had a reasonable likelihood of causing serious injury. Fatalities, injuries, hundreds of fines, citations, orders, safeguards, warnings of imminent danger and of placing untrained miners in harm’s way, have not made the plant any safer. In fact, MSHA fines have increased by ten times between 2017/2019 and 2014/2016. “The location in Cupertino is filthy, probably unhealthy, and most certainly dangerous” -- former employee6
1 Mine Data Retrieval System (MDRS): arlweb.msha.gov/drs/drshome.htm; see also OSHA: www.osha.gov/pls/imis/establishment.html 2 Even when not counting the two worst years for each cement plant, Lehigh Cupertino remains at 39% of all MSHA fines. Actual numbers on table from MDRS in thousands are: $192; $165; $2,214; $211; $986; $83, $920; $870 3 MSHA News Release, December 2010, submitted to County Board of Supervisors, pdf page 5 www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20110301_PublicCommentResponses.pdf 4 Midpeninsula Regional Open Space District appeal letter to the County 2012 and EPA site assessment. pdf pages 6 and 45 www.sccgov.org/sites/dpd/DocsForms/Documents/Lehigh_BOS_20120626_Appeal_MROSD.pdf 5 EPA News Release, “U.S. EPA requires Cupertino cement company to report toxic chemicals, commit to environmental projects” 9/22/15 archive.epa.gov/epa/newsreleases/us-epa-requires-cupertino-cement-company-report-toxic-chemicals-commit-environmental.html 6 Quotation from Lehigh Hanson Cupertino employee from indeed.com www.indeed.com/cmp/Lehigh-Hanson/reviews?fcountry=US&floc=Cupertino%2C+CA
Lehigh Hanson Cupertino Hires Non-Union Out-of-State Labor Lehigh hired Turner Mining Group, a non-union out-of-state company, to do major projects at Lehigh instead of hiring union local labor at area standard wages.
7 While working at Lehigh Cupertino, Turner Construction, a company affiliated with Turner Mining Group, landed in court for allegedly failing to pay minimum wages for work performed off-the-clock or overtime wages, failing to provide meal and rest breaks, failing to provide proper wage statements and other counts.8 Lehigh Hanson Cupertino Labor-Safety Fines Have Increased by nearly 10X The Mining Safety and Health Administration (MSHA) has levied nearly 10 times more in proposed labor-safety penalties to Lehigh Hanson Cupertino in the past three years ($1,433,573) as compared with the previous three years ($137,583). 9 OSHA fines are also listed below; there was a $93,000 fatality fine in 2017. 10 Year/quarter 2019 2018 2017 2016 2015 2014
MSHA Penalty $377,969 $178,522 $877,082 $20,822 $48,406 $78,355 OSHA Penalty -- case open $94,130 -- $23,000 $1,575
Lehigh Hanson Cupertino Arson and Suspicious Fires
- 2013 Arson Fire destroyed 4 large dump trucks deliberately set on fire with unknown ignition device. 10 Santa Clara County Fire apparatus dispatched with a total of 32 personnel over an 11 hour time period. $7M property damage. - 1999 Suspicious Fire burned big rig and spread fire to wildland. 4 Santa Clara County Fire apparatus and California Department of Forestry apparatus.
- 1993 Arson Fire destroyed 22,500 sq. ft. of buildings set on fire with an incendiary device. Santa Clara County Fire Department onsite for 7 hours with 10 apparatus and 25 personnel. Apparatus from other fire departments (including helicopters) and the Stevens Creek Volunteer Fire Department.
Lehigh Hanson Cupertino is Out of Compliance with the Federal Clean Air Act and the Clean Water Act11 and is one of California’s Largest Air Polluters
In the State of California, Lehigh Hanson Cupertino is #2 for Sulfur Oxides, #3 for Hydrochloric Acid, #6 for VOCs, #7 for Nitrogen Oxides, and more.
12 Lehigh Cupertino pays the California Air Resources Board over $750,000 every year in fees for non-attainment pollution. Only two refineries, Chevron in Richmond and Shell in Martinez paid more to pollute.
Lehigh could choose to emit less pollution, but operates under older, more lenient, cement plant emission rules.13 Lehigh Hanson Cupertino emits at least 18 Toxic Air Contaminants (TACs) above Chronic Trigger Levels and is #1 in Santa Clara County for 13 Toxic Air Contaminants (TACs) Lehigh is the Top Polluter in Santa Clara County of 1,3-butadiene, Acetaldehyde, Ammonia, Arsenic, Benzene, Cadmium, Chlorinated dioxins & furans (TCDD), Hydrogen Chloride (HCl), Manganese, Mercury, Naphthalene, Nickel, PAHs (benzo[a]pyrene equiv), and Polychlorinated biphenyl (PCB). Major Polluter in Santa Clara County of Beryllium, Hexavalent Chromium, Diesel Exhaust Particulate Matter (not including truck traffic), and Formaldehyde.14 Lehigh Hanson Cupertino Land Use and Water Violations
In 2018, the County issued an NOV for building an illegal 40-foot wide road.15 In 2019, the County and Water Board issued Notices of Violation (NOV) for sediment in Permanente Creek.16,17 Lehigh also failed water quality objectives.
Does Lehigh Hanson Cupertino Offer Respiratory Equipment or Showers for Their Employees?
7 Turner Mining Group website shows illegal road being built between the Lehigh Hanson Permanente Quarry and Stevens Creek Quarry turnermining.com/projects/lehigh-cement-ca/
8 Reformado, Wadi. Northern California Record, Former employee alleges Turner Contracting Inc. violated state labor codes. June 27, 2017. norcalrecord.com/stories/511130902-former-employee-alleges-turner-contracting-inc-violated-state-labor-codes 9 Mining Safety and Health Administration (MSHA) database arlweb.msha.gov/drs/drshome.htm 10 Occupational Safety and Health Administration (MSHA) database osha.gov/pls/imis/establishment.html 11 EPA Enforcement and Compliance History Online echo.epa.gov 12 California Air Resources Board Mapping Tool 2016 ww3.arb.ca.gov/ei/tools/pollution_map/# 13 Nonvehicular Source Fees 2016/17, Consumer Products and Architectural Coatings Fees ww3.arb.ca.gov/ei/nscpac_fees/nscpac_fees.htm 14 Bay Area Air Quality Management District. “Toxic Inventory for 2016 Sorted by County by City by Plant Name Emissions above Regulation 2, Rule 5 (version 1/6/2010) Chronic Trigger Levels in Table 2-5-1/” excel file:
www.baaqmd.gov/~/media/files/engineering/air-toxics-annual-report/2016/2016_toxic_annual_report-xlsx.xlsx?la=en 15 County NOV 2018 www.sccgov.org/sites/dpd/DocsForms/Documents/2250_NOV_20180817.pdf 16 County NOV 2019 www.sccgov.org/sites/dpd/DocsForms/Documents/PLN19_2250_NOV_20190613.pdf 17 Water Boards NOV 2018 www.losaltosonline.com/news/sections/news/297-news-features/60501-lehigh-faces-water-board-countyviolations-for-permanente-creek-pollution
1 City Council Special Meeting Minutes
May 25, 2022
Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tyson called the City Council Special Meeting to order at 6:05 p.m.
Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q.
Mok, Councilmember Lisa Schmidt, Councilmember Kavita Tankha
Absent: None
Staff: City Manager Peter Pirnejad, Assistant City Attorney Alexandria Wolf, Planning Director Sofia Mangalam, Public Works Director Oscar Antillon, Administrative Services Director Sarina Revillar, Management Analyst II Cody Einfalt, Administrative Clerk/Technician Emina Steta, City Clerk Deborah Padovan
Mayor Tyson said that our hearts go out to the people in Texas after the horrible tragedy of yet another mass shooting.
1. AGENDA REVIEW
2. PRESENTATIONS AND APPOINTMENTS
A. Commendation of the Emergency Communications Committee Members Councilmember Schmidt thanked the ECC members for all of their hard work over the years. Mayor Tyson then presented Dru Anderson and Sam Wood, who were present in the audience, with certificates of appreciation.
B. Reappointment to the Los Altos Hills Parks and Recreation Committee City Clerk Deborah Padovan presented the reappointment application of Scott Vanderlip.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Tankha moved to reappoint Scott Vanderlip to a fifth four-year term on the Parks and Recreation Committee.
The motion was seconded by Vice Mayor Swan.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
Town of Los Altos Hills
City Council Special Meeting Minutes
Wednesday, May 25, 2022 – 6:00 p.m.
Council Chambers, 26379 Fremont Road, Los Altos Hills, California AGENDA ITEM #4.A
2 City Council Special Meeting Minutes
May 25, 2022
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Introduction of New Consultant Emergency Manager Ann Hepenstal Ann Hepenstal introduced herself to the City Council. She talked about how the town is prepared to manage disaster events. She will be doing disaster preparedness planning and education. She also plans to strengthen the town administration of DSW Volunteers. The Council asked questions of Ms. Hepenstal and received her responses. No action was taken.
3. PRESENTATIONS FROM THE FLOOR
Julia Rapoza, Los Altos Hills, spoke about homeless students and asked if the Council would pass an ordinance to support homeless students along with their emotional support animals. She asked that they consider requiring Foothill College to offer safe parking facilities for homeless students.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Vice Mayor Swan moved to approve the Consent Calendar with the exception of Item 4.P. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
A. Approval of City Council Regular Meeting Minutes: April 21, 2022 B. Approval of City Council Special Meeting Minutes: May 6, 2022 C. Review of Disbursements: April 1-30, 2022 $949,433.43 D. Receive Quarterly Investment Portfolio Report – Quarter Ending March 31, 2022 (Staff: S. Revillar)
E. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
3 City Council Special Meeting Minutes
May 25, 2022
F. Resolution 49-22 Ordering and Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of Two City Councilmembers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; Requesting the Board of Supervisors of the County of Santa Clara Consolidate the General Municipal Election Pursuant to Section 10403 of the Elections Code; Providing for Notice of the Election; and Adopting Uniform Policies Pertaining to Candidate Statements and Fees (Staff: D. Padovan) G. Resolution 50-22 Approving the Agreement for Countywide Household Hazardous Waste (HHW) Collection Program and Agreement for Countywide AB939 Fee Implementation (Staff: O. Antillon)
H. Resolution 51-22 Approving Plans and Specifications for the 2022 Pavement Rehabilitation and Drainage Improvement Project and Authorizing Staff to Advertise for Bids and Inspection Services (Staff: O. Antillon)
I. Resolution 52-22 Approval of an Agreement Between the Town of Los Altos Hills and West Bay Sanitary District for Providing Operation and Maintenance Service for Sanitary Sewer System, Overflow Emergency Response and Asset Management Services (Staff: O. Antillon)
J. Resolution 53-22 Awarding a Three-Year Contract for Capital Restoration Work and Maintenance and Education Activities for Town-Owned Open Space Preserves with Grassroots Ecology (Staff: O. Antillon)
K. Resolution 54-22 Authorizing City Manager to Execute Agreements for Adding One New Pump, and Service Two Existing Pumps (Staff: O. Antillon) L. Resolution 55-22 Awarding a Contract for the Improvements for the Concession Building in Purissima Park under Proposition 68 Grant Funding to MTW Builders, Inc. (Staff: O. Antillon)
M. Resolution 56-22 Accepting an Agreement for an Open Space Easement at 12874 Viscaino Road; Lands of Firouzdor; File #SD21-0021 (Staff: S. Padovan) N. Notification of Fast Track Approval: 26875 Nina Place – File #SD21-0061 – Lands of Bowers; Site Development Permit for a new 4,971 square-foot two-story residence with a 1,684 square-foot basement, a detached 782 square-foot accessory dwelling unit (ADU), and a 560 square-foot swimming pool. CEQA review: Categorical Exemption per Sections 15303(a); 15303(e) (Staff: J. Loh) Appeal deadline: Tuesday, May 31, 2022 at 5:00 p.m.
O. Resolution 57-22 Adopting Supplemental Findings for Resolution 48-22 Denying an Appeal Regarding a Zoning Permit Application for New Fencing at 28001 Elena Road on April 21, 2022 (Staff: S. Mattas)
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P. Resolution Approving the Naming of the Pathway Between Buena Vista Drive and Central Drive to “Lachenbruch Pathway” as Recommended by the Pathway Committee (Staff: O. Antillon)
Note: The resolution was not adopted.
Vice Mayor Swan pulled the item because the Pathways Committee decided that a pathway should be named. Some of the neighbors and residents have different opinions. As Chair Bob Elson is not available this evening, she asked that it be considered next month. Mayor Tyson suggested that it be continued to a date uncertain.
Public Comment
Eric Evans, Los Altos Hills, said they dedicated a pathway easement recently. He suggested that that the pathway be named the Mary Steers Pathway.
Cheryl Evans, Los Altos Hills, said that she met the Steers family and wishes she could have met Mary Steers. She also suggested that the pathway be named in her honor.
MOTION MADE AND SECONDED: Vice Mayor Swan moved postpone the item to a date uncertain and refer it back to the Pathways Committee for further review.
The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
5. ONGOING BUSINESS
A. Amendment to the Resolution 58-22 Establishing Standing Committees and Adopting General Special Rules Pertaining Thereto to Replace the Emergency Communications Committee with an Emergency Preparedness and Response Committee and Updating the Charter (Staff: D. Padovan)
City Clerk Padovan presented the item.
Councilmember Schmidt provided background on the topic. She has worked over the last year and half with Dru Anderson, Chair of the ECC to expand the charter of the committee.
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Council discussion ensued.
Public Comment
Dru Anderson, Los Altos Hills, Councilmember Schmidt has been a great liaison to the ECC. She spoke in support of the resolution.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to approve Resolution 58-22 Establishing Standing Committees and Adopting General Special Rules Pertaining Thereto to Replace the Emergency Communications Committee with an Emergency Preparedness and Response Committee and Updating the Charter.
The motion was seconded by Vice Mayor Swan.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
City Manager Pirnejad said that Ann Hepenstal would like a chance to review the charter with Councilmember Schmidt.
B. Discussion of Broadband Planning in Town and to: First, Direct Staff on how to Advance Further Community Engagement Efforts Related to Broadband, and Second, Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Government Technology Group, LLC for Broadband Consulting Services for an Amount Not to Exceed $95,000 (Staff: C. Einfalt)
Note: Resolution was not approved.
Management Analyst II Cody Einfalt presented the staff report.
City Manager Pirnejad provided an update on the community engagement efforts underway.
Jeff Lewis, Principal, Government Technology Group (“Gov Tech”), introduced himself and his company to the City Council.
Preston Young, Government Technology Group (“Gov Tech”), introduced himself to the City Council.
Council discussion ensued.
Rajiv Bhateja, Los Altos Hills, said that the Technology Committee saw one
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proposal, but not the other. Their charter says they are supposed to assist with evaluating proposals. The committee would like to review both proposals and provide feedback to Council at their next meeting. He noted that the two proposals are very different. One is a broadband master plan, and one is a fiber optics plan.
Public Comment
Gautam Agrawal, Los Altos Hills, thanked the Council for shepherding this along. LAHCF is highly supportive of the Town hiring a consultant. They are not the “fox in the hen house.” They want to be part of the solution, they are not trying to be THE solution.
MOTION MADE AND SECONDED: Councilmember Mok moved that the staff advance community engagement regarding broadband and that the Ad Hoc Broadband Committee work with less than a quorum of the Technology Committee to evaluate proposals and provide feedback to staff in time for the Council to consider a resolution at the June 16, 2022 Regular City Council Meeting. The motion was seconded by Vice Mayor Swan.
Further Council discussion ensued.
MOTION AND SECOND AMENDED: Councilmember Mok amended his motion as follows: move that the staff advance community engagement regarding broadband and that a Special Meeting of the Technology Committee be held, to which the members of the Ad Hoc Broadband Committee are invited, and which Councilmember Schmidt will not attend, to avoid a Brown Act issue. The proposals will be evaluated at the meeting, and feedback will be provided to staff in time for the Council to consider a resolution at the June 16, 2022, Regular City Council Meeting.
The second was amended by Vice Mayor Swan.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
6. PUBLIC HEARINGS
► City Council Ex Parte Contacts Policy Disclosure
A. Conduct Public Hearing and Resolution 59-22 Increasing Sewer Service Charges for FY 22-23 through FY 26-27 in Both Palo Alto and Los Altos Sewer Basins (Staff: O.
Antillon)
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Ex Parte: Vice Mayor Swan and Councilmember Mok talked to Allan Epstein on Item 6.A and Vice Mayor Swan talked to the History Committee about Item
6.B. Both Mayor Tyson and Councilmember Schmidt attended a tour of the wastewater facility.
Mayor Tyson opened the Public Hearing.
Oscar Antillon, Public Works Director presented the staff report.
Council discussion ensued.
Public Comment
John O’Connell, Los Altos Hills, said he is wasting his time tonight as there is a large majority to overcome. He said he was completely unaware of where he pays for his wastewater charges. He didn’t think to look in his property taxes. You should be billing people and not putting liens on their property taxes.
City Clerk Padovan reported that the town has received a total of six written protests. Written protests against the proposed rates were not presented by a majority of the property owners or tenants of the identified parcels subject to the proposed rate increases; therefore, the City Council is authorized to adopt the rate increase. To achieve a majority, at least 945 protests would have needed to be received.
Mayor Tyson closed the public hearing.
MOTION MADE AND SECONDED: Vice Mayor Swan moved to adopt Resolution 59-22 Increasing Sewer Service Charges for FY 22-23 through FY 26-27 in Both Palo Alto and Los Altos Sewer Basins. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Introduction of Ordinance 601 (First Reading) Designating the Westwind Barn as a Historical Landmark (Staff: S. Mangalam) (Motion to Waive Reading and Introduce the Ordinance)
Planning Director Sofia Mangalam presented the staff report.
Council discussion ensued.
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Mayor Tyson opened the Public Hearing.
Carol Gottlieb, Los Altos Hills, thanked staff for bringing this forward in a timely manner.
Jitze Couperus, Los Altos Hills, said there are several families in Los Altos Hills that have been deeply involved in WWB and to reach this point, it is very important to us.
Mayor Tyson closed the public hearing.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to introduce Ordinance 601 Designating the Westwind Barn as a Historical Landmark.
The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Recess: 8:09 p.m.
Reconvene: 8:17 p.m.
7. STAFF AND CLOSED SESSION REPORTS
A. City Manager
City Manager Pirnejad reported on the following items:
Community Conversation
All residents were sent a town mailer to participate in the Community Facilities Needs Assessment. The first virtual community conversation/town hall meeting will take place next Tuesday, May 31st from 6:00 to 7:00 p.m. Sign up on the town website, www.losaltoshills.ca.gov.
Town Survey
Have you signed up to take Town Surveys? Sign up by visiting www.Flashvote.com/LosAltosHills
Town Picnic
Will take place Sunday, June 5th from 12:30-4:00 p.m. at Purissima Park. Sign up by going to the town website www.losaltoshills.ca.gov/picnic. This event is limited to Los Altos Hills residents only. Highlights include classic car show, 360 photo booth, pony rides, petting zoo, magic show, inflatables, and lunch.
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Status of 2022 Council Priorities
We are at 40% of the year. We have 60 milestones connected to the 24 Key Projects the Council identified in their January 24th Goal Setting Session. Seventy-eight percent of the projects have either been started or finished.
Art Sculpture
The Art Sculpture will be arriving in approximately a month and installed in the round about.
Irregularities in Permit Fees
Anomalies have been found in permit fees since the Fee Study was implemented in 2020. We are aware that members of the community are interested in this and wanted to assure the Council that staff is taking steps to review and solve the issue.
City Manager Office Hours
The City Manager has instituted new virtual office hours. The fourth Friday of each month at 11:00 a.m. has been dedicated as a time to hear from residents.
B. City Attorney
No report.
C. City Clerk
City Clerk Padovan reported that a vote center will be hosted in the Council Chambers from May 28, 2022, through June 7, 2022. She noted that staff is actively watching the status of AB 1944 as it relates to open and public meetings. She informed the Council that recruitments were taking place to fill all committee openings. She also introduced the new Administrative Clerk/Technician Emina Steta.
D. Planning Director
Planning Director Mangalam provided an update on the progress of the housing element. A joint virtual Planning Commission/City Council meeting is scheduled for June 20th at 5 p.m. Staff is also coordinating with the Environmental Initiatives Committee on the climate action plan goals.
E. Administrative Services Director
Administrative Services Director Revillar updated the Council on the IT strategic plan and said the discovery phase is completed and they are now beginning the design phase. The consultant will meet with the Technology Committee and staff. She provided an update on the town’s current employment recruitment efforts.
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F. Public Works Director
Public Works Director Antillon reported on the electric vehicle charger project at Town Hall. He also reported that the town’s maintenance crew is working on Robleda/La Paloma path and are making progress. The E. Sunset project is also moving forward. In the near future, we will roll out a new reporting app called “Text My Gov” to report a maintenance problem in Town.
8. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD
HOC COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES A. Report by the Undergrounding Ad Hoc Committee (Mayor Tyson) Mayor Tyson presented the report. The Rule 20A project challenge of dealing with PG&E is still ongoing. They are trying to raise the priority of the project with PG&E.
Council received the report. No action was taken.
B. Report from the Council Ad Hoc Committee on Community Surveys (Councilmember Schmidt)
Councilmember Schmidt said a new survey will be going out soon and she was happy to see that more people were signing up to take the surveys.
Council received the report. No action was taken.
C. Report from the Ad Hoc Committee on Broadband (Councilmember Mok) Councilmember Mok presented the report. He suggested that we have a Digital Equity Bill of Rights. He would like it agendized for next month.
He reported that he and Councilmember Tankha have been meeting. They have selected individuals who are experts who they have invited to help them as they are not experts. There will be regular and periodic meetings.
MOTION MADE AND SECONDED: Councilmember Mok moved to add a proclamation on a Digital Equity Bill of Rights to the next City Council Meeting. The motion was seconded by Vice Mayor Swan.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
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D. Status Reports from All Councilmembers on Standing Committees, Ad Hoc Committees and Outside Agencies Activities
Mayor Tyson suggested that ad hoc committees regularly present their progress at City Council meetings.
Councilmember Mok requested, based on an EIC request, that leaf blowers be added as a Council initiated item at the next City Council Meeting.
Vice Mayor Swan reported that the History Committee is helping out the Los Altos History Museum this weekend for Rancho Days and a senior walk will take place starting at Town Hall on Thursday, May 26th.
Councilmember Tankha reported having meetings with residents on public safety. She has now hosted five meetings as it is necessary to educate our residents on how to protect themselves from burglaries.
9. COUNCIL INITIATED ITEMS
A. Discussion and Possible Action on Requiring Lighting in Construction Sites (Councilmember Tankha)
Councilmember Tankha presented the report.
Council discussion ensued.
Director Mangalam said the item would need to be taken to the Planning Commission in order to make a recommendation on this topic.
DIRECTION: Staff to bring to the matter to the Planning Commission for a recommendation.
B. Consideration of Direction to the City Attorney to Provide Training as Part of the June City Council Meeting regarding Brown Act Requirements, Options, and Limitations Related to Ad Hoc and Standing Committees (Vice Mayor Swan) Vice Mayor Swan presented the item. She wants the City Attorney to focus on the ad hoc committees and what they can do. Residents want transparency, so we need guidelines for the ad hoc committees. She wants a quick overview of what they can and can’t do - a short presentation at the next City Council meeting.
DIRECTION: There was consensus to have a presentation by the City Attorney to focus on the ad hoc committees and what they can do at the June City Council meeting.
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C. Consideration and Possible Action to Direct Staff to Raise the LGBTQ+ Pride Flag for the Month of June 2022 in Recognition of Pride Month (Councilmember Tankha) – added with Revision No. 1.
Councilmember Tankha presented the item.
Assistant City Attorney Wolf advised that two approaches can be taken: 1) Town (government) speech - the City Council is asking that a commemorative flag be raised on the town’s flagpole. This would give the City Council control over which flags are raised. 2) Allow external agencies to raise flags on the pole, which would open up a public forum. Due to first amendment rights, that would limit the Council’s ability to restrict certain speech. The City Attorney’s office recommends the first approach and that the flags being raised be raised as town speech.
City Manager Pirnejad can return at a later date with a flag policy.
Public Comment
Kjell Karlsson, Los Altos Hills, said he has no problem with a proclamation, but he thinks the residents feel that is their flagpole. If the Council wants to have their agenda put up, do a separate flagpole.
Pat Lang, Los Altos Hills, said she was pleased that the Council was considering the pride flag. People who are being discriminated against need an extra boost.
MOTION MADE AND SECONDED: Councilmember Tankha moved to direct staff to raise the LGBTQ+ flag for the month of June 2022. The motion was seconded by Vice Mayor Swan.
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
10. ADJOURN
The meeting adjourned at 9:24 p.m.
Respectfully submitted,
Deborah Padovan
City Clerk
1 Joint City Council/Finance and Investment Committee
Special Meeting Minutes
May 26, 2022
CALL TO ORDER, ROLL CALL
Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tyson called the City Council Regular Meeting to order at 4:03 p.m.
Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q. Mok, Councilmember Lisa H. Schmidt, Councilmember Kavita Tankha, Committee Member Allan Epstein, Committee Member Roddy Sloss, Committee Member Medha Rishi (arrived at 4:15 p.m.)
Absent: Committee Members Mason, Nam, Blair and Evans
Staff: City Manager Peter Pirnejad, Administrative Services Director Sarina Revillar, Planning Director Sofia Mangalam, Public Works Director Oscar Antillon, Community Services Supervisor Sarah Robustelli, Management Analyst II Cody Einfalt, Administrative Clerk/Technician Emina Steta, City Clerk Deborah Padovan
Note: Committee Member Medha Rishi left the meeting at approximately 5:00 p.m. At that time the Finance and Investment Committee no longer had a quorum, and the remainder of the meeting was conducted as a special meeting of the City Council.
1. AGENDA REVIEW
2. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
There was no public comment.
3. NEW BUSINESS
A. Study Session Regarding Proposed FY22-23 Operating Budget and the FY2023-2027 Five Year Capital Improvement Plan (Staff: S. Revillar) City Manager Peter Pirnejad presented the proposed budget for FY 22-23.
Administrative Services Director Sarina Revillar presented an overview of the budget.
Council and Committee discussion ensued.
Anand Ranganathan, Los Altos Hills, said this is a great position for the sheriff, but the Town of Los Altos Hills
Joint City Council/Finance and Investment Special Meeting Minutes
Thursday, May 26, 2022 – 4:00 p.m.
Council Chambers, 26379 Fremont Road, Los Altos Hills,
California
AGENDA ITEM #4.B
Posted 6/15/22
DRAFT
2 Joint City Council/Finance and Investment Committee
Special Meeting Minutes
May 26, 2022
Town isn't any safer. For all the money we are paying them, we don't know who and when patrols our streets. He would like to see the data from the sheriff's office. He was not in support of increasing the sheriff's budget this year.
Recess at 6:09 pm
Reconvene to open session 6:30 pm
Further council discussion.
MOTION MADE AND SECONDED: Mayor Tyson moved to increase the amount given to the Community Services Agency from $5,000 to $25,000. The motion was seconded by Councilmember Mok.
Council discussion ensued. Vice Mayor Swan requested an amendment to the motion to provide $5,000 to the Los Altos Community Foundation, and a total of $6,000 to Deer Hollow Farm. The remainder of the donation budget would remain the same.
Mayor Tyson accepted the amendment.
MOTION AMENDED AND SECONDED: Mayor Tyson moved to increase the amount given to the Community Services Agency from $5,000 to $25,000, provide $5,000 to the Los Altos Community Foundation, and a total of $6,000 to Deer Hollow Farm. The motion was seconded by Councilmember Mok
MOTION PASSED 5-0:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Members of the Finance and Investment Committee asked questions of staff and the City Council and and received responses.
The Council received the proposed budget with the final version scheduled for the June City Council meeting. No other action items were taken.
The meeting adjourned at 8:01 p.m.
Respectfully submitted,
Deborah Padovan
City Clerk
DRAFT
TOWN OF LOS ALTOS HILLS June 16, 2022
Staff Report to the City Council
SUBJECT: MAY 2022 DISBURSEMENT LISTING
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Receive the May 2022 Disbursements Report.
BACKGROUND:
The May 2022 Monthly Disbursements report is submitted to the City Council for transparency.
DISCUSSION:
The disbursements totaled $1,438,266.50 and Electronic Fund Transfers totaled $264,614.94 with a grand total of $1,702,881.44. The summarized information shown below for payroll and related benefits, as well as other individual items greater than $10,000.
The payments itemized below total $1,498,799.31 or approximately 88% of total disbursements by check or electronic fund transfer for the month.
Amounts Vendors Description of Payments
$194,683.73 ADP- Payroll Services Primarily relates to the biweekly payroll ($72,746.61) and related payroll taxes ($22,816.32) for the pay date
05.06.22; and biweekly payroll ($75,465.25) and related payroll taxes ($23,655.55) for the pay date 05.20.22.
$120,031.24 CalPERS (retirement and
health), MetLife (dental), and
ICMA (deferred comp
Employer contributions and employee withholdings related to payroll benefits
$15,500.00 Bayscape Management, Inc. Tree Maintenance April and May Landscaping for Pathways Maintenance/Playing Fields/WWB
$283,484.75 C2R Engineering Inc CIP WWB Feeding Pasture 2021 Sanitary Sewer Repair $87,263.70 CSG Consultants Bldg Inspection, Code Enforcement & Billable Charges $110,000.00 Flock Group Inc. Flock Falcon Camera-ALPR System $10,000.00 Los Altos Chamber of
Commerce
Community Service Grant-ARPA Fund
$25,500.00 Maze & Associates Audit Services
$13,708.98 Meridian I.D. Printing-Pathways Run/Walk, LAH Swag $44,744.64 Meyers Nave City Attorney Services
$22,798.65 Radman Electric OkeefeO’Keefe Pump Station and Install New Rectangular Rapid Flashing Beacon at Garden Bullis
AGENDA ITEM #4.C
Revised and Posted 6/15/22
2 $324,130.16 Santa Clara Sheriff's Dept Law Enforcement Services Amounts Vendors Description of Payments
$40,215.84 Shape Inc. Purissima Pump Station and Okeefe Pump $25,000.00 Stoller Studio Inc LAH Helix Sculpture
$32,775.70 West Bay Sanitary District Sewer Maintenance Services $148,961.92 Misc. Recipients Refund deposits
$1,498,799.31 Total Payroll and Related Benefits and Individually Significant Items > $10,000 2022 CITY COUNCIL STRATEGIC PRIORITIES:
The report is for financial transparency and was not specified as one of Council’s priorities in 2022.
ENVIRONMENTAL REVIEW:
The Disbursement report does not qualify as a “Project” as defined in California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines.
FISCAL IMPACT:
There is no fiscal impact for May 2022 Disbursements report.
ATTACHMENTS:
1. May 2022 Disbursements Report by Vendor
Prepared by: Jocelyn Misola
Amount
AMAZON 993865459756 05/23/2022 WIRELESS CONFERENCING SYSTEM061-1480-6398 $ 2,613.54 Vendor AMAZON30353 - AMAZON Total: $ 6,368.19
5/27/2022 5:18:49 PM Page 1 of 16
AMAZON 876747554646 05/23/2022 0020052 CM INV 876747554646061-1480-6398 $ (54.55) AMAZON 876747554646 05/23/2022 0019942CM-05 CM INV 876747554646 061-1480-6398 $ (7.50) AMAZON 887843447455 05/23/2022 ERGONOMIC KEYBOARDS 011-1400-6398 $ 95.76 AMAZON 875869949573 05/23/2022 USB HEADSET, 499888495677 CM FOR INV 875869949573 061-1480-6398 $ (30.52) AMAZON 875869949573 05/23/2022 USB HEADSET, SUPPLIES KITCHEN061-1480-6398 $ 65.10 AMAZON 876747554646 05/23/2022 LETTER, OPENER, CUPS, LIDS, SUPPLIES 061-1480-6301 $ 121.54 AMAZON 833639848377 05/23/2022 TV CONFERENCE RM 061-1480-6398 $ 1,842.02 AMAZON 868664568637 05/23/2022 LOGITECH WIRED HEADSET 011-3300-6398 $ 111.64 AMAZON 875869949573 05/23/2022 USB HEADSET, 749778735338 CM FOR INV 756568564638 061-1480-6398 $ (32.70) AMAZON 783666476373 05/23/2022 APPLE USB CABLE,POWER ADAPTER, CHARGER 011-1200-6398 $ 70.47 AMAZON 783666476373 05/23/2022 APPLE USB CABLE,POWER ADAPTER, CHARGER 061-1480-6398 $ 21.68 AMAZON 783997456633 05/23/2022 SHELF BOOK CASE-CM 011-1200-6398 $ 98.68 AMAZON 494549433349 05/23/2022 POWER ADAPTER, METER TAPE,APPLE CHARGER CABLE 061-1480-6398 $ 10.64 AMAZON 635939639967 05/23/2022 SUPPLIES KITCHEN 061-1480-6301 $ 34.99 AMAZON 756568564638 05/23/2022 USB HEADSET 061-1480-6398 $ 32.70 AMAZON 463848954877 05/23/2022 TOASTER-TOWNHALL 061-1480-6398 $ 38.18 AMAZON 466498977533 05/23/2022 WIRELESS MOUSE-ENGR 011-3300-6398 $ 57.84 AMAZON 494549433349 05/23/2022 POWER ADAPTER, METER TAPE,APPLE CHARGER CABLE 011-1200-6398 $ 34.35 AMAZON 446337946936 05/23/2022 MIGHTY MAX BATTERY 061-1480-6398 $ 47.52 AMAZON 459465379484 05/23/2022 PLANTRONICS HEADSET 011-3100-6398 $ 229.05 AMAZON 459563635673 05/23/2022 LOGITECH WIRED HEADSET 011-3100-6398 $ 83.73 Vendor ATKINS94023 - ALEXANDER ATKINS DESIGN INC Total: $ 5,570.00 Vendor: AMAZON30353 - AMAZON
AMAZON 435758757356 05/23/2022 LOGITECH CONFERENCE CAM, SUPPLIES 061-1480-6398 $ 273.73 AMAZON 437554635944 05/23/2022 BADGE HOLDER 061-1480-6301 $ 21.70 AMAZON 444566753689 05/23/2022 COVID-19 TEST KITS-CARE ACT 061-1480-6398 $ 588.60 ADT COMMERCIAL LLC 144674948 05/05/2022 24HR ALARM MONITORING APR 22 061-1480-6118 $ 142.84 ADT COMMERCIAL LLC 145207595 05/05/2022 24HR ALARM MONITORING - 5/2022 LAH 061-1480-6118 $ 142.84 Vendor ADT01 - ADT COMMERCIAL LLC Total: $ 678.83
Vendor: ATKINS94023 - ALEXANDER ATKINS DESIGN INC
ALEXANDER ATKINS DESIGN INC8158 05/23/2022 OUR TOWN NEWSLETTER JUNE ISSUE B 011-1700-6304 $ 5,570.00 Vendor: ADT01 - ADT COMMERCIAL LLC
ADT COMMERCIAL LLC 142377150 05/05/2022 24HR ALARM MONITORING 11/2021 LAH 061-1480-6118 $ 131.05 ADT COMMERCIAL LLC 143830358 05/05/2022 24HR ALARM MONITORING - 2/2022 LAH 061-1480-6118 $ 131.05 ADT COMMERCIAL LLC 144230481 05/05/2022 24HR ALARM MONITORING - 3/2022 LAH 061-1480-6118 $ 131.05 Vendor ACCOUNTEMPS90074 - ACCOUNTEMPS Total: $ 896.88
Vendor: ADAMS01 - ADAMS POOL SOLUTIONS
ADAMS POOL SOLUTIONS GRD22-0001 05/05/2022 REFUND DEPOSIT 25099 FREMONT ROAD GRD22-0001 011-0000-2301 $ 5,000.00 ADAMS POOL SOLUTIONS MISC21-0020 05/05/2022 REFUND DEPOPSIT 12175 HILLTOP DRIVE MISC21-0020 011-0000-2301 $ 5,000.00 Vendor ADAMS01 - ADAMS POOL SOLUTIONS Total: $ 10,000.00 Vendor A194063 - A-1 RENTAL CENTER Total: $ 3,147.10
Vendor: AAA94063 - AAA RENTALS
AAA RENTALS 781513 05/23/2022 POST HOLE AUGER-ROBLEDA 042-6900-6398 $ 180.00 Vendor AAA94063 - AAA RENTALS Total: $ 180.00
Vendor: ACCOUNTEMPS90074 - ACCOUNTEMPS
ACCOUNTEMPS 59775611 05/05/2022 T. RAMOS WK END 4.8.22 011-1400-6111 $ 896.88 Expense Approval Report
Town of Los Altos Hills By Vendor Name
Payment Dates 5/1/2022 - 5/31/2022
Vendor Name Payable Number Post Date Description (Item) Account Number Vendor: A194063 - A-1 RENTAL CENTER
A-1 RENTAL CENTER RC262243 05/23/2022 AUGER-ALTAMONT PLUNGE 042-6900-6398 $ 3,147.10
Amount
BAYSCAPE MANAGEMENT, INC.25880 05/23/2022 MONTHLY MAINT MAY 2022-WESTWIND BARN 011-5300-6122 $ 1,500.00 Vendor BAYSCAPE01 - BAYSCAPE MANAGEMENT, INC. Total: $ 15,500.00 5/27/2022 5:18:49 PM Page 2 of 16
BAYSCAPE MANAGEMENT, INC.25880 05/23/2022 MONTHLY MAINT MAY 2022-FOOTHILL COLLEGE 011-4740-6125 $ 1,900.00 BAYSCAPE MANAGEMENT, INC.25880 05/23/2022 MONTHLY MAINT MAY 2022-ARASTRADERO 011-4740-6125 $ 600.00 BAYSCAPE MANAGEMENT, INC.25880 05/23/2022 MONTHLY MAINT MAY 2022-EDITH PARK 011-5100-6122 $ 750.00 BAYSCAPE MANAGEMENT, INC.25549 05/05/2022 MONTHLY MAINT APR 2022 - EDITH 011-5100-6122 $ 750.00 BAYSCAPE MANAGEMENT, INC.25549 05/05/2022 MONTHLY MAINT APR 2022 - WESTWIND BARN 011-5300-6122 $ 1,500.00 BAYSCAPE MANAGEMENT, INC.25880 05/23/2022 MONTHLY MAINT MAY 2022-FREMONT RD 011-4740-6125 $ 3,000.00 Vendor AT&T PO9011 - AT&T Total: $ 2,698.68
Vendor: BAYSCAPE01 - BAYSCAPE MANAGEMENT, INC.
BAYSCAPE MANAGEMENT, INC.25549 05/05/2022 MONTHLY MAINT APR 2022 - FREMONT RD 011-4740-6125 $ 3,000.00 BAYSCAPE MANAGEMENT, INC.25549 05/05/2022 MONTHLY MAINT APR 2022 - FOOTHILL COLLEGE 011-4740-6125 $ 1,900.00 BAYSCAPE MANAGEMENT, INC.25549 05/05/2022 MONTHLY MAINT APR 2022 - ATRASTRADERO 011-4740-6125 $ 600.00 AT&T 000018168911 05/23/2022 28002 Purissima Rd - Sanitary Sewer-5.2022 051-4800-6362 $ 22.89 AT&T 000018168912 05/23/2022 27400 Purissima Rd - Corp Yard-5.2022 061-4300-6362 $ 44.10 AT&T 000018169382 05/23/2022 O'Keefe Ln at Normandy Ln.-5.2022 051-4800-6362 $ 22.88 AT&T 000018168908 05/23/2022 26379 FREMONT ROAD-5.2022061-1480-6362 $ 234.98 AT&T 000018168909 05/23/2022 HERITAGE HOUSE OES NEW PHONE-5.2022 021-6100-6362 $ 42.98 AT&T 000018168910 05/23/2022 12863 LA CRESTA EOC HAM RADIO-5.2022 021-6100-6362 $ 24.99 AT&T 000018168905 05/23/2022 26379 FREMONT ROAD - CHAMBERS-5.2022 061-1480-6362 $ 22.33 AT&T 000018168906 05/23/2022 WWB FIRE ALARM LINE-5.2022011-5300-6362 $ 42.98 AT&T 000018168907 05/23/2022 HERITAGE HOUSE DSL SVC-5.2022 021-6100-6362 $ 229.10 AT&T 000018168902 05/23/2022 Alternate EOC - Fire Station-5.20221-6100-6362 $ 63.63 AT&T 000018168903 05/23/2022 HERITAGE HOUSE ALARM-5.2022021-6100-6362 $ 22.89 AT&T 000018168904 05/23/2022 26379 FREMONT ROAD-5.2022061-1480-6362 $ 383.45 AT&T 000018022854 05/05/2022 O'Keefe Ln at Normandy Ln. - 4/10/2022 051-4800-6362 $ 23.16 AT&T 000018168812 05/23/2022 T-1 PBX/PRI TELEPHONES DATA-5.2022 061-1480-6362 $ 167.08 AT&T 000018168899 05/23/2022 Purissima/Elena pump station-5.2022 051-4800-6362 $ 20.71 AT&T 000018022381 05/05/2022 12863 LA CRESTA EOC HAM RADIO - 4/10/2022 021-6100-6362 $ 25.22 AT&T 000018022382 05/05/2022 28002 Purissima Rd - Sanitary Sewer - 4/10/2022 051-4800-6362 $ 23.12 AT&T 000018022383 05/05/2022 27400 Purissima Rd - Corp Yard - 4/10/2022 061-4300-6362 $ 44.56 AT&T 000018022378 05/05/2022 HERITAGE HOUSE DSL SVC - 4/10/2022 021-6100-6362 $ 229.56 AT&T 000018022379 05/05/2022 26379 FREMONT ROAD - 4/10/2022 061-1480-6362 $ 237.49 AT&T 000018022380 05/05/2022 HERITAGE HOUSE OES NEW PHONE - 4/10/2022 021-6100-6362 $ 43.44 AT&T 000018022375 05/05/2022 26379 FREMONT ROAD - 4/10/2022 061-1480-6362 $ 385.73 AT&T 000018022376 05/05/2022 26379 FREMONT ROAD CHAMBERS - 4/10/2022 061-1480-6362 $ 22.56 AT&T 000018022377 05/05/2022 WWB FIRE ALARM LINE - 4/10/2022 011-5300-6362 $ 43.44 AT&T 000018022370 05/05/2022 Purissima/Elena pump station - 4/10/2022 051-4800-6362 $ 20.89 AT&T 000018022373 05/05/2022 Alternate EOC - Fire Station - 4/10/2022 021-6100-6362 $ 64.32 AT&T 000018022374 05/05/2022 HERITAGE HOUSE ALARM - 4/10/2022 021-6100-6362 $ 23.12 Vendor ARELLANO94022 - ARELLANO, OSWALDO Total: $ 475.00 Vendor: AT&T 60197_5014 - AT&T
AT&T 95714-5.10.22 05/23/2022 ACT# 256795714-5.10.22 061-1480-6362 $ 90.95 Vendor AT&T 60197_5014 - AT&T Total: $ 90.95
Vendor: AT&T PO9011 - AT&T
AT&T 000018022283 05/05/2022 T-1 PBX/PRI TELEPHONES DATA - 4/10/2022 061-1480-6362 $ 167.08 Vendor: ANTILLON01 - ANTILLON, OSCAR
ANTILLON, OSCAR 5.20.22 05/20/2022 Replace Payroll 011-3300-6001 $ 3,840.23 ANTILLON, OSCAR 05.18.22 05/23/2022 WELLNESS REIMB. O. ANTILLON 5.18.22 061-1480-6030 $ 375.00 Vendor ANTILLON01 - ANTILLON, OSCAR Total: $ 4,215.23
Vendor: ARELLANO94022 - ARELLANO, OSWALDO
ARELLANO, OSWALDO 05.12.22 05/22/2022 WELLNESS REIMB. 5.12.22 O. ARELLANO 061-1480-6030 $ 475.00 Vendor: AMERIGAS91109 - AMERIGAS PROPANE INC.
AMERIGAS PROPANE INC. 3133512924 05/05/2022 TANK RENT-2/1/22-1/31/23 26379 FREMONT RD 061-1480-6342 $ 152.52 Vendor AMERIGAS91109 - AMERIGAS PROPANE INC. Total: $ 152.52 Vendor: ANIMAL95037 - ANIMAL DAMAGE MANAGEMENT
ANIMAL DAMAGE MANAGEMENT 236943 05/23/2022 MONTHLY PEST CONTROL 4.6.22011-5100-6130 $ 325.00 Vendor ANIMAL95037 - ANIMAL DAMAGE MANAGEMENT Total: $ 325.00 Expense Approval Report Payment Dates: 5/1/2022 - 5/31/2022 Vendor Name Payable Number Post Date Description (Item) Account Number
Amount
CINTAS CORPORATION 4118493889 05/23/2022 UNIFORM & SUPPLIES 5.5.22 061-4300-6324 $ 209.09 CINTAS CORPORATION 4119179232 05/23/2022 UNIFORM & SUPPLIES 5.12.22 061-1480-6123 $ 146.18 5/27/2022 5:18:49 PM Page 3 of 16
CINTAS CORPORATION 4117810683 05/23/2022 UNIFORM & SUPPLIES 4.28.22 061-1480-6123 $ 146.18 CINTAS CORPORATION 4117810683 05/23/2022 UNIFORM & SUPPLIES 4.28.22 061-4300-6324 $ 184.48 CINTAS CORPORATION 4118493889 05/23/2022 UNIFORM & SUPPLIES 5.5.22 061-1480-6123 $ 146.18 CINTAS CORPORATION 4116450698 05/05/2022 UNIFORM AND SUPPLIES 4.14.22061-4300-6324 $ 184.48 CINTAS CORPORATION 4117125642 05/05/2022 UNIFORMS & SUPPLIES 4.21.22061-1480-6123 $ 146.18 CINTAS CORPORATION 4117125642 05/05/2022 UNIFORMS & SUPPLIES 4.21.22061-4300-6324 $ 184.48 Vendor CHEN09 - CHEN, MICHAEL Total: $ 500.00
Vendor: CHEVRON28272 - CHEVRON AND TEXACO CARD SERVICES CHEVRON AND TEXACO CARD SERVICES 80727099 05/13/2022 FUEL 4.8-5.6- ACT # 0496-00-508533-7 061-4400-6342 $ 974.89 Vendor CHEVRON28272 - CHEVRON AND TEXACO CARD SERVICES Total: $ 974.89 Vendor: CINTAS- UNIFORMS - CINTAS CORPORATION
CINTAS CORPORATION 4116450698 05/05/2022 UNIFORM AND SUPPLIES 4.14.22061-1480-6123 $ 146.18 Vendor CDWG60675 - CDW GOVERNMENT INC Total: $ 682.10
Vendor: CHAU94022 - CHAU, JOHN
CHAU, JOHN 05.23.22 05/23/2022 WELLNESS REIMB J. CHAU 5.23.22 061-1480-6030 $ 176.69 Vendor CHAU94022 - CHAU, JOHN Total: $ 176.69
Vendor: CHEN09 - CHEN, MICHAEL
CHEN, MICHAEL CK 3687 05/23/2022 RESISUE CK 3687 DEPOSIT REFUND B17374 011-0000-2008 $ 500.00 CAPITOL KIA 89147-5.22 05/23/2022 ACT # 2215089147-5.22 KIA NIRO EV 041-6910-6616 $ 361.06 CAPITOL KIA 89803-5.22 05/23/2022 ACT # 2215089803-5.22 KIA NIRO EV 041-6910-6616 $ 361.06 Vendor CAPITOL01 - CAPITOL KIA Total: $ 1,444.24
Vendor: CDWG60675 - CDW GOVERNMENT INC
CDW GOVERNMENT INC W378312 05/23/2022 ADOBE ACROBAT PRO DC 061-1480-6313 $ 682.10 CALIFORNIA WATER SERVICE CO. 744444 5.19.22 05/23/2022 ACT # 1865744444 5.19.22 011-5100-6364 $ 78.00 Vendor CALWATER95194 - CALIFORNIA WATER SERVICE CO. Total: $ 345.47 Vendor: CAPITOL01 - CAPITOL KIA
CAPITOL KIA 2215089147-4.24.22 05/05/2022 ACT # 2215089147-4.24.22 2022 KIA 45503 041-6910-6616 $ 361.06 CAPITOL KIA 2215089803-4.24.22 2022 05/05/2022 ACT # 2215089803-4.24.22 2022 KIA 45482 041-6910-6616 $ 361.06 CALIFORNIA WATER SERVICE CO. 744444-3.21.22 05/05/2022 ACT# 1865744444-3.21.22 011-5100-6364 $ 59.01 CALIFORNIA WATER SERVICE CO. 744444-4.21.22 05/05/2022 ACT# 1865744444-4.21.22 011-5100-6364 $ 51.65 CALIFORNIA WATER SERVICE CO. 13543 5.19.22 05/23/2022 ACT # 8540713543 5.19.22 011-5100-6364 $ 54.05 Vendor: CADOT95816 - CALIFORNIA DEPARTMENT OF TRANSPORTATION CALIFORNIA DEPARTMENT OF TRANSPORTATION SL221071 05/23/2022 SIGNALS & LIGHTING JAN-MAR 22 011-4600-6145 $ 1,296.06 Vendor CADOT95816 - CALIFORNIA DEPARTMENT OF TRANSPORTATION Total: $ 1,296.06 Vendor: CALWATER95194 - CALIFORNIA WATER SERVICE CO.
CALIFORNIA WATER SERVICE CO. 13534-3.21.22 05/05/2022 ACT # 8540713534-3.21.22 011-5100-6364 $ 51.11 CALIFORNIA WATER SERVICE CO. 13534-4.21.22 05/05/2022 ACT # 8540713534-4.21.22 011-5100-6364 $ 51.65 Vendor BRUNNER01 - BRUNNER, KEREN Total: $ 475.00
Vendor: C2R94043 - C2R ENGINEERING INC.
C2R ENGINEERING INC. C4153A 05/05/2022 PROGRESS PMT 1 2021SANITARY SEWER REPAIR 048-6900-6625 $ 139,578.75 C2R ENGINEERING INC. C4169A 05/23/2022 PROGRESS PAYMENT # 002 2021 SANITARY SEWER REPAIR 048-6900-6625 $ 143,906.00 Vendor C2R94043 - C2R ENGINEERING INC. Total: $ 283,484.75 Vendor BELLECCI01 - BELLECCI & ASSOCIATES INC Total: $ 3,921.50 Vendor: BIG01 - BIG SHAKER ENTERPRISES, LLC
BIG SHAKER ENTERPRISES, LLC 1288 05/05/2022 MOBILE EARTQUAKE SIMULATOR 4.30.22 011-4120-6361 $ 5,000.00 Vendor BIG01 - BIG SHAKER ENTERPRISES, LLC Total: $ 5,000.00 Vendor: BRUNNER01 - BRUNNER, KEREN
BRUNNER, KEREN 04.13.2022 05/05/2022 WELLNESS REIMB. K. BRUNNER 4.13.22 061-1480-6030 $ 475.00 Vendor: BEAR95002 - BEAR ELECTRICAL SOLUTIONS, INC.
BEAR ELECTRICAL SOLUTIONS, INC. 15319 05/05/2022 TRAFFIC SIGNAL MAINT SVCS MAR 2022 011-4600-6145 $ 551.25 BEAR ELECTRICAL SOLUTIONS, INC. 15494 05/23/2022 TRAFFIC SIGNAL MAINTENANCE SVCS APR 22 011-4600-6145 $ 551.25 Vendor BEAR95002 - BEAR ELECTRICAL SOLUTIONS, INC. Total: $ 1,102.50 Vendor: BELLECCI01 - BELLECCI & ASSOCIATES INC
BELLECCI & ASSOCIATES INC 20065-Q 05/23/2022 UUD EL MONTE FIRE STATION SVC APR 22 041-6900-6206 $ 3,921.50 Expense Approval Report Payment Dates: 5/1/2022 - 5/31/2022 Vendor Name Payable Number Post Date Description (Item) Account Number