Resolution XX-22 Page 1
RESOLUTION XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AUTHORIZING SERVICES AGREEMENT WITH QUITCARBON AND ZERO FOR ELECTRIFICATION HOME ASSESSMENTS IN FY 2022-23
WHEREAS, Greenhouse gas (GHG) emissions and the impacts of climate change are considered to be a serious threat to public health, the environment, economic well-being, and natural resources.; and
WHEREAS, On October 21, 2021, the City Council adopted a resolution approving the implementation of the revised Climate Action Plan (CAP) in which it identified targets to reduce community-wide greenhouse gas (GHG) emissions by 52% by 2030; and WHEREAS, the first measure identified in the CAP is to perform electrification assessments for all existing homes in order to provide residents with a customized pathway for their eventual migration off natural gas; and
WHEREAS, Staff in consultation with Environmental Initiatives Committee (EIC) issued a Request for Qualifications (RFQ) on May 16, 2022 with a due date of June 16, 2022 to solicit responses from qualified vendors for conducting home assessments; and WHEREAS, Staff received four (4) responses to the RFQ, including QuitCarbon, Zero, 4Leaf and Vistar; and
WHEREAS, Staff and EIC request the approval of service agreements with QuitCarbon and Zero to conduct home assessments;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized on behalf of the Town to enter into a services agreement with QuitCarbon and Zero to conduct home assessments with a not to exceed amount of $11,000 ($5,500 each contract); and
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 20th day of October 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 3
2 BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
QUITCARBON INC
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills (“Town”) and QuitCarbon Inc (“Consultant”) (together referred to as the “Parties”) as of October 20, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Town the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on October 20, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Town’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed Five Thousand and Five Hundred dollars and zero cents ($5,500), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from Town to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Town in the manner specified herein.
Except as specifically authorized by Town in writing, Consultant shall not bill Town for duplicate services performed by more than one person.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 2 of 14
Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At Town’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the Town when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Town, if applicable.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 3 of 14
Town shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the Town or Consultant terminates this Agreement pursuant to Section 8, the Town shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Town shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
Town shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with Town employees and reviewing records and the information in possession of the Town. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Town. In no event shall Town be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 4 of 14
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims-made basis.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 5 of 14
b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 6 of 14
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Town with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies Town may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Consultant’s breach:
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 7 of 14
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of Town.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Consultant shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town.
Section 6. STATUS OF CONSULTANT.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 8 of 14
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to Town that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to Town that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 9 of 14
in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to Town and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Consultant delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement.
8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. Town and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 10 of 14
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Town’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Consultant hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Consultant agree that, until final approval by Town, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 11 of 14
funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Consultant was an employee, agent, appointee, or official of the Town in the previous twelve months, Consultant
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 12 of 14
warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Town for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Sofia Mangalam, Planning Director ("Contract Administrator"). All correspondence, communications and meetings shall be directed to or through the Contract Administrator or his or her designee.
The Consultant shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, Consultant agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the Consultant. The Town may modify the Contract Administrator at any time upon providing written notice to the Consultant.
10.10 Notices. Any written notice to Consultant shall be sent to:
Cooper Marcus
QuitCarbon Inc
810 Douglass St, San Francisco, CA 94114
Any written notice to Town shall be sent to:
Sofia Mangalam, Planning Director
26379 Fremont Road, Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 13 of 14
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated agreement between Town and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services and Payment Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 14 of 14
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS CONSULTANT
____________________________ ____________________________ Town Manager Cooper Marcus, QuitCarbon
Attest:
____________________________
Town Clerk
Approved as to Form:
____________________________
Steven T. Mattas, Town Attorney
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and QuitCarbon Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT
RFQ response from QuitCarbon - for
Home Electrification Assessments
(2021 LAH CAP measure C1) RFQ from
Town of Los Altos Hills
IV. 1. Pricing Proposal:
● 1) $300 per assessment for virtual assessments
● 2) $200 additional per on-site assessment
○ It is anticipated that most or all assessments will be started as virtual, then some homeowners will elect to have the assessment completed on-site. The total cost for an on-site assessment would thus be $500.
● 3) Statement of non-biased status:
○ QuitCarbon is not a licensed contractor, and is independent from contractors that might be engaged to perform electrification implementation services. ○ QuitCarbon asserts that it will accept no referral fees or financial incentives from electrification implementers for any electrification projects in the Los Altos Hills. ○ QuitCarbon currently has paid referral agreements with a few contractors. Should QuitCarbon be selected to perform assessments under this RFQ, these agreements will all be amended to explicitly exclude all properties in LAH from being referred by QuitCarbon.
4. 2. Assessment Report Contents for Resident/Homeowner 1) See attachment for sample assessment report. This report is an anonymized example of an assessment QuitCarbon recently performed for a typical single family homeowner client. Note that this report is somewhat simpler than the assessments anticipated by this RFQ, and does not include all of the elements suggested in this RFQ. QuitCarbon would certainly expand the content of the assessments performed under this RFQ to meet the requirements of this RFQ and the priorities agreed upon with LAH. a) An inventory of existing gas appliances, with key details that would affect the electrification of these appliances, will be included. Also included will be the estimated climate impact of these appliances, so that homeowners can better
understand how their current appliances pollute, and how electrification will reduce the climate impact of their home.
b) In prior assessments, QuitCarbon has not typically provided baseline estimates for replacing gas appliances with gas appliances - we’ve avoided this approach because it tends to “normalize” gas appliances, and reinforces the “If I electrify…” thought process of the homeowner. Instead, we’ve sought to present the electrification choice as the “new normal”, and to anchor the assessment report, and thus the homeowners thought process, in “When I electrify…”. However, QuitCarbon acknowledges that there are likely good reasons to estimate baseline “gas for gas” replacement costs in the requested assessments, and we commit to including these estimates in assessments performed under this RFQ. c) The prioritized plan for home electrification is at the core of all QuitCarbon assessments. Priority of individual actions is estimated by considering multiple factors, including the age (and likely failure date) of appliances, the climate impact of appliances, home comfort issues reported by the homeowner, changes already planned by the homeowner (eg. upcoming purchase of an EV, planned remodeling activity, etc), current and projected future availability of rebates, and more. Prioritization also includes opportunities to reduce electrification costs and increase benefits by doing certain changes at the same time and/or by considering the loading order of projects.
d) Project summaries will be included in QuitCarbon assessments, for use by contractors as bids are prepared. The contractor bidding process is an important and sometimes overlooked part of the overall residential electrification retrofit process. The preparation of bids incurs real costs for contractors, typically in vehicle mileage and labor costs related to visiting job sites and drafting bids. In an effort to accelerate residential electrification by reducing costs, QuitCarbon has been iterating towards bid sheet content that is sufficiently specific to avoid the necessity for contractors to visit homes prior to preparing bids. QuitCarbon is committed to implementing assessments that facilitate “desktop bids'' (eg. bids prepared at the contractor’s desktop, without the need for a site visit), though we note that it may not be possible, at least under the terms of this RFQ, to prepare such detailed assessments when the assessment process itself is “remote only”.
In other words, it seems likely that in the near-term, either QuitCarbon, or contractors, will need to visit homes prior to preparing bids for electrification projects. Nevertheless, QuitCarbon will continue to improve our assessment process and content with the goal of accelerating electrification by reducing the costs of preparing assessments and contractor bids.
e) Electrical panel capacity analysis and upgrade recommendations will be included in QuitCarbon assessments, along with advice regarding circuit splitting or sharing devices. QuitCarbon requires that homeowners complete the HEA / HOMEintel assessment (preferred), or provide a download of utility usage data, so that historical usage of gas and electricity can be analyzed, and electrical service capacity limits can be estimated.
f) QuitCarbon is very familiar with all of the “latest available industry products and methods” listed in the RFQ. Assessments we’ve performed for clients have included many of these items. As implied by some of the items in this list, not all options are available on the market currently. QuitCarbon’s assessment reports include “forward-looking” recommendations that advise homeowners of electrification strategies that may become optimal when these items become available. For example, QuitCarbon is currently recommending to some clients with modest hot water needs that they wait to electrify their hot water heaters until 120v heat pump water heaters become available later this summer. 2) QuitCarbon has mentioned a number of changes/improvements in the responses above.
Additional thoughts are below:
a) QuitCarbon has found notable value in utilizing 3D scans of interior spaces related to electrification, like garages, utility rooms, etc. To date we’ve experimented with a few consumer-grade free apps for iPhone / iPad - in the hands of even a novice user, these apps produce high quality 3D photographs, with measurements, of the interior spaces in which electrification work would occur. The 3D scans are useful to both QuitCarbon, as we draft assessment content, and to contractors as they consider if they need to conduct a site visit prior to bidding. QuitCarbon intends to continue using these 3D scanning tools in assessments for LAH.
b) This RFQ, and indeed most assessment processes, consider the assessment activity and resulting assessment report to be as of a point in time. However, many things change over time, which can notably affect both the assessment recommendations and the resultant homeowner’s electrification activities. These changes can include changes in technology (eg. availability of 120v heat pump water heaters and combi water/space heating systems like Harvest Thermal and Stow Energy), changes in rebates and economics (eg. equipment price changes, rebate program commencement and termination), changes in homeowner’s situations and opinions (eg. income changes related to employment, changes in homeowner priorities due to the evolving climate crisis and related press coverage, etc.). Ideally, assessments would be updated on a semi-regular basis to reflect these various potential changes. However, QuitCarbon understands that this RFQ does not contemplate such an update process, and QuitCarbon does not propose to make such updates. Instead, QuitCarbon intends to communicate changes of this type via email newsletters and more targeted email communications. There is no funding specifically allocated in this RFQ for these updates - therefore, these emails will be prepared and sent by QuitCarbon on a best effort basis.
c) The RFQ anticipates that each given assessment will be prepared at a point in time, and will result in an assessment report that will be delivered in a “static” format like PDF. As noted just above, ideally assessments get updated periodically - and if these updates were happening, it’d be ideal that the assessment reports get delivered in a “live” format like a website. This website would be a place where homeowners could view their initial assessment, provide
feedback and ask questions, enter changes as they occur, and receive updated assessment content. However, the budget for this RFQ is insufficient for the creation of such a website. Thus, QuitCarbon suggests that in future iterations of the Town’s electrification program, creation of maintenance of such a website is budgeted, or at least the requirement to deliver assessments via a “live” web interface is noted in a future RFQ.
d) Los Altos Hills will likely find notable value in conducting a “town-wide” assessment, in which a vendor produces an energy model of each property in the town, using publicly-available data (and thus not requiring any interaction with the property owners). This sort of analysis, as offered by XeroHome, will provide a useful baseline for the town government, and will be useful for marketing and customer engagement as the town seeks to attract the attention of residents and have some of them elect to proceed with the one-home-at-a-time assessments contemplated by the RFQ and this response. The results of this town-wide assessment would be able to be easily merged with the results of QuitCarbon’s more detailed and specific one-home-at-a-time assessments, as both would be delivered in a tabular format with each row representing a single home in the Town (see next section for more details of QuitCarbon’s proposed reporting to the town). QuitCarbon recommends the town consider XeroHome’s offering.
3. Reporting requirements to Town
1) While assessment reports will be delivered to homeowners in narrative format, QuitCarbon proposes to deliver summary reports, as described in the RFQ, in tabular format to Los Altos Hills. This tabular report will take the form of a Google Sheet (or other shared spreadsheet) with each row representing a property in the town (thus there would be ~2,800 rows) and with columns containing the agreed-upon summary data.
Assessment results would be filled in to the relevant row as each home’s assessment is completed. The summary reporting will thus look like this:
a)
Property
Address
Date of
assessment
Age of hot
water heater
#1
Size of hot
water heater
#1
Additional
data fields…
123 Main St 10/01/2022 14 years 50 gal
Additional
properties…
2) QuitCarbon suggests above that the reporting of assessment results to Los Altos Hills be in tabular format. The specific data fields to be reported will be developed in consultation with the Town, as there is a balance to be struck between providing comprehensive data to the Town to help inform future assessment and incentive program design, and the
need to respect the privacy of the homeowners being assessed. QuitCarbon anticipates that some discussion will be necessary with Town staff to identify which assessment data fields can be included in the summary reporting, and which data fields must be confidential to the homeowners.
5. Additional Information
1) As mentioned in a prior section, QuitCarbon requires that homeowners undergoing assessment either provide their utility usage data via PG&E’s Green Button export feature, or complete the Home Energy Analytics (HEA) survey - the latter is strongly preferred. QuitCarbon has been working with HEA for a few months, and has prepared a handful of assessments utilizing the HEA survey results. QuitCarbon has provided feedback to HEA to improve their survey process and results, including identifying a bug that caused some results to be incorrect, which HEA promptly addressed. QuitCarbon looks forward to continuing to work closely with HEA, and will do so regardless of the outcome of this RFQ.
a) Additionally, QuitCarbon will utilize the Town’s property records to populate the relevant fields of the ~2,800 rows in the summary assessment data reporting spreadsheet described above.
2) QuitCarbon is committed to supporting the development of the workforce necessary to accelerate the electrification of homes in our region. QuitCarbon will explore how we and LAH might collaborate with Foothill College to support the activity described in this RFQ.
No more specific proposal of this potential collaboration is made at this time, as there has not been time to work out the details with Foothill College.
VIII. Proposal Requirements
1. Cover Letter
To Whom It May Concern,
This proposal, made by QuitCarbon in response to the RFQ from the Town of Los Altos Hills (LAH) entitled “Request for Qualifications (RFQ) - Home Electrification Assessments (2021 LAH CAP measure C1)”, is valid for at least 90 days from the closing date of the RFQ (June 17, 2022).
All individuals engaged by QuitCarbon to perform work for the Town of Los Altos Hills under this RFQ are free from any conflict of interest.
The office that will serve this project, and QuitCarbon’s main office, is located at:
810 Douglass St.
San Francisco, CA 94114
The contact person at QuitCarbon for this project is:
Cooper Marcus
810 Douglass St.
San Francisco, CA 94114
415-872-2353
[email protected]
Signed,
Cooper Marcus
Chief Quitter, QuitCarbon
2. Company Background
a. Number of years in business:
i. 1
b. Taxpayer Identification Number:
i. 549-91-8818
c. Number of years working with government agencies:
i. QuitCarbon has not had prior work experience with government agencies.
However, the principals of QuitCarbon, Cooper Marcus and Adam Klaus, have had prior experience in both contracted engagements with government agencies, and in advocacy work with elected officials. d. Resumes of project manager and key personnel:
i. Please see attached PDF copies of the LinkedIn profiles for Cooper Marcus and Adam Klaus.
e. Firm Ownership:
i. QuitCarbon is currently a sole proprietorship owned by Cooper Marcus. ii. QuitCarbon is likely to incorporate in the State of California in the coming months, and QuitCarbon will notify LAH of any changes to the firm’s ownership and incorporation status.
f. Subsidiary:
i. QuitCarbon is not a subsidiary of any company.
3. References
a. Professional references for Cooper Marcus include the following folks, all of whom were consulting clients of Cooper’s:
i. Hunter Connell - [email protected]
ii. Sam Borgeson - [email protected]
iii. Jon Eric Thalman - [email protected]
b. Also see recommendations on Cooper’s LinkedIn profile https://www.linkedin.com/in/coopermarcus/
4. Disclosures
a. QuitCarbon has nothing to disclose - no contract failures, no civil or criminal litigation or investigations, etc.
5. Warranty/guarantee
a. QuitCarbon offers no specific warranty or guarantee of work product. QuitCarbon will do our best to provide complete and correct assessments, however QuitCarbon assumes no liability for errors or omissions.
6. Subcontracting
a. QuitCarbon will not subcontract any portion of the services described in this proposal.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
ZERO HOME CORPORATION
THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills (“Town”) and Zero Home Corporation (“Consultant”) (together referred to as the “Parties”) as of October 20, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Town the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on October 20, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Town’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed Five Thousand and Five Hundred dollars and zero cents ($5,500), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from Town to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Town in the manner specified herein.
Except as specifically authorized by Town in writing, Consultant shall not bill Town for duplicate services performed by more than one person.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 2 of 14
Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At Town’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the Town when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Town, if applicable.
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 3 of 14
Town shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the Town or Consultant terminates this Agreement pursuant to Section 8, the Town shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Town shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
Town shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with Town employees and reviewing records and the information in possession of the Town. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Town. In no event shall Town be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 4 of 14
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims-made basis.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 5 of 14
b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the Town.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 6 of 14
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Town with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies Town may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Consultant’s breach:
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 7 of 14
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of Town.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Consultant shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town.
Section 6. STATUS OF CONSULTANT.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 8 of 14
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to Town that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to Town that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 9 of 14
in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to Town and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Consultant delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement.
8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. Town and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 10 of 14
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Town’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Consultant hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Consultant agree that, until final approval by Town, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 11 of 14
funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Consultant was an employee, agent, appointee, or official of the Town in the previous twelve months, Consultant
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 12 of 14
warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Town for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Sofia Mangalam, Planning Director ("Contract Administrator"). All correspondence, communications and meetings shall be directed to or through the Contract Administrator or his or her designee.
The Consultant shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, Consultant agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the Consultant. The Town may modify the Contract Administrator at any time upon providing written notice to the Consultant.
10.10 Notices. Any written notice to Consultant shall be sent to:
Grant Gunnison
CEO & Founder, Zero Home Corporation
3500 Wyandot St. Denver, CO 80211
Any written notice to Town shall be sent to:
Sofia Mangalam, Planning Director
26379 Fremont Road, Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 13 of 14
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated agreement between Town and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services and Payment Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 14 of 14
The Parties have executed this Agreement as of the Effective Date.
TOWN OF LOS ALTOS HILLS CONSULTANT
____________________________ ____________________________ Town Manager Grant Gunnison
Attest:
____________________________
Town Clerk
Approved as to Form:
____________________________
Steven T. Mattas, Town Attorney
Consulting Services Agreement between October 20, 2022
Town of Los Altos Hills and Zero Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT
Town of Los Altos Hills
Sofia Mangalam
Planning and Building Director
Re: Request for Qualifications (RFQ)
Home Electrification Assessments
(2021 LAH CAP measure C1)
Sealed Proposal – Response to RFQ for Home Electrification Assessments Dear Ms. Mangalam,
My name is Grant Gunnison, Founder & CEO of Zero, a Greentown Labs based company in Somerville, MA focused on simplifying residential electrification. We are building tools to automate assessments and empower homeowners to understand the health of their home, without all the hassle. Our solution provides homeowners with a holistic analysis that helps them understand all of the energy efficiency, electrification, renewable energy, and health and safety opportunities in their home without a single contractor or assessor ever having to step foot in the home. In as little as one hour, we design best-in-class solutions, accurately cost projects, and can connect homeowners to trusted contractors to get their projects done. Zero is working to empower homeowners to realize a future in which homes generate zero emissions that harm their families or the planet.
We are excited to submit a proposal to Los Altos Hills’ RFQ for Home Electrification Assessments. All information and pricing provided in this proposal will remain valid for the 90 days following the date of our proposal submission. Zero and its staff are free of any conflicts of interest in working for the Town of Los Altos Hills.
Our headquarters is based at 444 Somerville Avenue, Somerville, Massachusetts, 02143. Our phone number is (617) 528 9208.
Signed,
Grant Gunnison
Founder & CEO, Zero
[email protected]
1. Service & Product Overview:
● Zero has built a novel home assessment and project planning platform, Zero Emissions Retrofit Optimization (ZERO), to simplify residential electrification retrofits. ZERO creates an electrification & decarbonization roadmap for homeowners and helps facilitate the completion of the recommended projects using the information collected during the assessment.
● We utilize a virtual assessment process, assisted by a diagnostic kit shipped to a homeowner (iPhone 12, FLIR IR sensor, tape measure, flash light, screwdriver, and instructions), to develop a rich data set about the home, which is used to generate job scopes and support remote quoting by contractors. ● In less than one hour, Zero empowers a homeowner to perform an accurate home assessment, develop a decarbonization plan, and collect project quotes without a single contractor or assessor having to visit the home.
2. Company Background
● Number of years in business: 3
● Taxpayer Identification Number: 82-5144592
● Number of years working with government agencies: 1
● Resumes of the project manager and key personnel who will be responsible for performance of any contract resulting from this RFP.
○ Resumes attached: Grant Gunnison, Kyle Hodgson
● Firm ownership:
○ Gunnison Company, DBA Zero, is wholly-owned by Grant Gunnison and is incorporated in the State of California.
3. References for similar services within the last three (3) years ● Massachusetts Clean Energy Center and Abode Energy Management for Decarbonization Pathways Pilot (DPP).
○ Project Managers:
■ Meg Howard MassCEC email: [email protected]
■ Mike Ostiguy, Abode Energy Management email:
[email protected]
○ Start Date: October 2021 - present.
○ Zero Project Lead - Grant Gunnison
○ Project Description: The DPP pilot will perform assessments on a diverse cohort of around 30 homes and help those homes create customized decarbonization plans utilizing ZERO, a new software electrification decarbonization tool. MassCEC also intends to offer incentives to help participants move forward with some or all of their decarbonization plans.
● Outside of this program we complete assessments directly with homeowners (currently 3-5 weekly).
4. Disclosure:
● Zero has not been the subject of any alleged significant prior or ongoing contract failures, nor has it been the subject of any civil or criminal litigation or pending investigation, and does not have any information to disclose on this matter.
5. Description of Proposer’s warranty/guarantee of work product. ● The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with their level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.
6. Subcontracting:
● We do not intend to subcontract any portion of the proposed project scope.
However, in the event of an in-person assessment being required, we will partner with a local organization or train a student from Foothill College to conduct an inperson assessment in coordination with our remote assessor.
Project Scope of Work:
1. Program Goals:
a. Pricing: Base Cost: $600
i. Virtual Assessment Pricing: $350
ii. On-site Assessment Pricing: $600
We suggest the following as the preferred payment structure:
1. $4800 Starting payment (12 virtual visits + $600) + 18 remaining billed on a biweekly or monthly basis as they are completed.
Looking forward, we project a city-wide 2030 assessment program to cost:
2022: 30 Assessments - $11,100
2023: 75 Assessments - $26,250
2024: 100 Assessments - $35,000
2025: 125 Assessments - $43,750
2026: 150 Assessments - $52,500
2027: 175 Assessments - $61,250
2028: 200 Assessments - $70,000
2029: 250 Assessments - $87,500
2030: 300 Assessments - $105,000
Total: 1400 Assessments $491,750
Confirmation of non-bias status:
a. The tool we have developed, ZERO, leverages data from thousands of quotes that have been compiled to provide pricing estimates for each of these measures we recommend. The assessor is given no control over the measure pricing, cost or carbon savings, incentives, or financing options and is guaranteed to be unbiased.
b. Where applicable we will provide the homeowner with an additional price if Zero is willing and able to perform the recommended measure. Currently the only measure that we offer performance pricing on is heat pump water heater installations.
2. Assessment Report Contents:
a. An example homeowner report has been attached for your reference. i. Do Note: Not all available measures are present in this reference report ii. Our palette of available measures currently exceeds 70 and encompasses measures across energy efficiency, renewables, electrification, and health & safety.
iii. Some changes may be made to include local incentives and any additional information Zero deems necessary to help homeowners through the process.
b. Local and state incentives will be added to ZERO as relevant to LAH residents. c. Suggested Changes:
i. Bid Sheets that include fully scoped projects will not be included in our analysis, High level details for these projects will be provided. ii. An exhaustive “Watt Diet” Analysis will not be performed. Our system currently utilizes a similar methodology to make panel upgrade / splitter suggestions, but an exhaustive analysis MUST be performed by a licensed electrician.
1. We would also suggest that aggressive “watt diets” can cause complications for homeowners looking to sell their homes or replace appliances. We utilize a more conservative approach that is not appliance dependent to remove these additional
unintentional complications.
3. Town Report Contents:
a. A sample report has been attached for your reference. i. This can be automatically emailed by ZERO to the email of choice upon the completion of an assessment.
b. Suggestions:
i. We would add all recommendations provided to the homeowner to help you get a sense of what is needed to electrify these buildings outside of any specific gas appliances. (As shown in report)
4. Additional Information:
a. Home Energy Data:
i. ZERO leverages energy data sources such as UtilityAPI (through SVCE Data Hive) and Arc (from Arcadia) if homeowners are willing/able to provide their credentials, otherwise prior to an assessment an assessor will manually screen their bills as provided.
ii. Do note that without bills, ZERO usually estimates usage within 20% of actual usage utilizing the data we collect during our visits. If a resident is not comfortable or unable to provide this information, then ZERO will estimate usage.
1. Our bill analysis does not include large uncommon appliances including: pool pumps, elevators, heated driveways, spas, saunas, kilns, water features, observatories, and industrial tools. iii. We intend to leverage the panel capacity estimations the HEA tool can provide to assist in any panel or appliance related recommendations. b. Permit Data:
i. In addition to other data that we collect prior to the visit, our assessor will leverage the city permit data prior to the virtual visit with a homeowner. c. Foothill College:
i. In the event that an in-person visit is required we would partner with an organization in the area to help perform the visit in conjunction with our remote assessor. Setting up a relationship with the college to train a student to support this work could be a reasonable possibility.
Resolution XX-22 Page 1
RESOLUTION XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING REBATES FOR 14 HOMEOWNERS WHO REPLACE A FOSSILFUELED WATER HEATER WITH AN ELECTRIC HEAT PUMP WATER HEATER WHEREAS, Greenhouse gas (GHG) emissions and the impacts of climate change are considered to be a serious threat to public health, the environment, economic well-being, and natural resources.; and
WHEREAS, On October 21, 2021, the City Council adopted a resolution approving the implementation of the revised Climate Action Plan (CAP) in which it identified targets to reduce community-wide greenhouse gas (GHG) emissions by 52% by 2030; and WHEREAS, the CAP calls for $14,400 in incentives in FY22-23 to adopt electric appliances; and WHEREAS, the Environmental Initiatives Committee (EIC) recommended $1,000 cash rebates for 14 homeowners who replace a fossil-fueled water heater with an electric heat pump water heater; and
WHEREAS, Staff request the approval of budget appropriation of $14,000 from Unreserved General Fund for providing $1,000 cash rebates for 14 homeowners; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hill authorizes the City Manager to provide cash rebates to homeowners in FY 2022-23; and The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 20th day of October 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 6
2 BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
1 City Council Regular Meeting Minutes
October 21, 2021
Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tankha called the City Council Regular Meeting to order at 6:00 p.m.
Present: Mayor Tankha, Vice Mayor Tyson, Councilmember Mok, Councilmember Schmidt, Councilmember Swan
Absent: None
Staff: City Manager Carl Cahill; City Attorney Steve Mattas; Assistant City Attorney Claire Lai; Interim Planning and Building Director Steve Padovan; Public Works Director Oscar Antillon; Administrative Services Director Sarina Revillar; Management Analyst II Cody Einfalt; City Clerk Deborah Padovan CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
1. AGENDA REVIEW
There were no changes. Mayor Tankha reported that the History Committee would be holding a virtual meeting on Sunday, October 24th at 2:00 p.m. The topic will be Tales of Magdalena and Ravensbury. The link can be found on the town’s website.
2. APPOINTMENTS, PRESENTATIONS AND SPECIAL ITEMS
A. Presentations of Commendation for Retiring City Manager
1. Commendation from the Office of Assemblymember Marc Berman
2. Commendation from the Office of Santa Clara County Supervisor Joe Simitian
3. Commendation from the Board of Commissioners of the Los Altos Hills County Fire District
4. Proclamation from the Town of Los Altos Hills
Mayor Tankha recognized Carl Cahill as City Manager. He has worked for the town for 22 years. She said she was grateful for his service to our town, and that thanks to him, the town is financially strong and stable. She thanked him for his hard work to preserve the Los Altos Hills County Fire District’s autonomy, his competence, and leadership.
Council also recognized City Manager Cahill.
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, October 21, 2021 – 6:00 p.m.
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
2 City Council Regular Meeting Minutes
October 21, 2021
Vice Mayor Tyson said it has been a delight to work with City Manager Cahill. He thanked him for their great working relationship, thoughtfulness, and experience.
Councilmember Mok said he has had the privilege of working with City Manager Cahill for the last 25 years. He described him as exceptional person who listens really well. He wished him success in his retirement and knows he will enjoy spending time with his family.
Councilmember Swan thanked City Manager Cahill for staying on an extra year to see the Town through the pandemic. She wished him the best in retirement.
Councilmember Schmidt thanked City Manager Cahill for teaching her how to be a councilmember. She will miss talking to him and wishes him the best.
Isabelle LaSalle, Assemblymember Marc Berman’s office, offered a commendation from Assemblymember Berman and State Senator Becker. It has been a true joy working with City Manager Cahill. He has always been approachable and kindhearted and is unparalleled in his effectiveness in advocacy for his town.
Christine Prior, Supervisor Simitian’s Office offered a commendation from the Santa Clara County Board of Supervisors. Supervisor Simitian sends his regrets. He is grateful for the many opportunities to work with City Manager Cahill, and they developed an effective relationship. He extends his best wishes to City Manager Cahill as he embarks on life’s next adventure.
Roger Spreen, Los Altos Hills County Fire District, said he was thrilled to have the opportunity to recognize City Manager Cahill for his work in the last two decades, and thanked him for his collaborate support of the fire district, for being a vocal advocate for fire prevention, and for helping to build a resilient community. He has worked with City Manager Cahill for the past 17 years and congratulates him on his retirement.
Public Comment
There were no public comments.
Carl Cahill, City Manager, thanked the City Council and said it has been a pleasure to serve the town for 22 years.
B. Appointment to the Los Altos Hills Youth Commission
City Clerk Deborah Padovan presented the application of Adrian Kuo.
3 City Council Regular Meeting Minutes
October 21, 2021
Adrian Kuo, Los Altos Hills, expressed his interest in serving on the LAH Youth Commission to help the community.
MOTION MADE AND SECONDED: Mayor Tankha moved to appoint Adrian Kuo to the Los Altos Hills Youth Commission. The motion was seconded by Councilmember Swan.
MOTION PASSED 4-1:
AYES: Tankha, Tyson, Mok, Swan
NOES: Schmidt
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Annual Report of the Los Altos Hills History Committee Carol Gottlieb and Sally Wood, Los Altos Hills History Committee, co-presented the annual report of the History Committee.
The Council thanked the committee for all of their hard work. No action was taken.
D. Annual Report of the Los Altos Hills Community Relations Committee Lew Jaimson and Roy Woolsey, Los Altos Hills Community Relations Committee, co-presented the annual report of the committee.
The Council thanked the committee for all their hard work. No action was taken.
E. Presentation of the Climate Action Plan by the Los Altos Hills Environmental Initiatives Committee and Resolution 70-21 Approving the Implementation of a Revised Climate Action Plan
Vrinda Bhandarkar, Chair, Los Altos Hills Environmental Initiatives Committee, presented the proposed Climate Action Plan.
Council discussion ensued.
Public Comment
Anand Raganathan, Los Altos Hills, asked that the Council support the resolution to eliminate the use of natural gas use by 2045.
Donovan Carlson, Los Altos Hills, said he is a 13-year-old resident of Los Altos Hills. What he loves about the Town is that it a community where multiple generations can enjoy a wonderful lifestyle connected to the outdoors and it is a small town where people look out for one another. He asked that the Council to endorse an
4 City Council Regular Meeting Minutes
October 21, 2021
aggressive plan for climate action. He said we choose to live in this community for its proximity to open space and wildlife, and it shouldn’t be threatened by wildfires caused by climate change. He asked the Council to consider his generation and generations to come by supporting the resolution before them today.
MOTION MADE AND SECONDED: Councilmember Mok moved to adopt Resolution 70-21 Approving the Implementation of a Revised Climate Action Plan.
The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
F. Update on the Los Altos Hills Neighborhood Watch Program Cody Einfalt, Management Analyst II, presented statistics on the Neighborhood Watch Program. They have had seven orientations by the sheriff’s office since March 2021.
Rajiv Bhateja, Los Altos Hills, shared his experience with participation and interest on Neighborhood Watch Programs.
The Council received the report. No action was taken.
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.
There were no public comments.
4. CONSENT CALENDAR
Councilmember Swan asked to pull Item G for discussion.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to approve all items on the Consent Calendar except Item 4.G. The motion was seconded by Councilmember Mok.
5 City Council Regular Meeting Minutes
October 21, 2021
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
A. Approval of City Council Special Meeting Minutes: August 31, 2021 B. Approval of City Council Special Meeting Minutes: September 16, 2021 C. Approval of City Council Regular Meeting Minutes: September 16, 2021 D. Approval of City Council Special Meeting Minutes: September 20, 2021 E. Review of Disbursements: September 1-30, 2021 $966,421.10 F. Resolution 71-21 to Authorize the Legislative Bodies of the Town of Los Altos Hills, Including City Council and all Advisory Bodies, to Continue Meeting Virtually Through Teleconference Meetings and Making Related Findings Pursuant to AB 361 (Staff: D. Padovan)
G. Authorizing the Auction of Surplus Vehicles and Equipment (Staff: S. Revillar) Councilmember Swan asked about the vehicles that would be made surplus. She asked about the supply chain issues and thought it might be better to wait a year and get rid of the vehicles when prices may be favorable.
Administrative Services Director Sarina Revillar responded that this issue has been kept in mind. One of the vehicles has been placed on the list so that it can be made surplus next year when a better price may be received.
MOTION MADE AND SECONDED: Councilmember Swan moved to approve Authorizing the Auction of Surplus Vehicles and Equipment as needed. The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
H. Resolution 72-21 Authorizing the City Manager to Enter Into a Memorandum of Understanding with the Santa Clara County Office of the Sheriff to Manage the Town’s Automatic License Plate Reader System (Staff: C. Einfalt)
6 City Council Regular Meeting Minutes
October 21, 2021
I. Resolution 73-21 Accepting the Seven Acres Lane Sanitary Sewer Main Extension Project and Approving a Sanitary Sewer Dedication and Reimbursement Agreement between the Town of Los Altos Hills and SA 996 LLC (Staff: O. Antillon) J. Resolution 74-21 Accepting Irrevocable Offer of Dedication of Right-of-Way Easement and Public Utility Easement; Lands of Sloss Trust (Former Lands of Stirling); 28025 Natoma Road (Staff: O. Antillon)
K. Resolution 75-21 Approving the Final Subdivision Map for the Lands of Natoma (Staff: O. Antillon)
5. NEW BUSINESS
A. Resolution 76-21 Approving the City Manager Employment Agreement Between the Town of Los Altos Hills and Peter Pirnejad (Staff: S. Mattas) Mayor Tankha presented the item.
City Attorney Mattas presented the staff report. Council did extensive recruitment and included community, council, and staff interviews. The Council selected Peter Pirnejad and the five-year contract is before the Council tonight.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to adopt Resolution 76-21 Approving the City Manager Employment Agreement Between the Town of Los Altos Hills and Peter Pirnejad. The motion was seconded by Councilmember Swan.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Peter Pirnejad introduced himself to the City Council and the Town of Los Altos Hills residents. He commended City Manager Cahill for his commitment to the town for over two decades. Because of his contributions, this is a thriving community.
He said he will be transparent and accessible to all town residents and is delighted to “hit the ground running.”
B. Report on Recently Adopted State Law SB 9 Related to Development on and Subdivision of Single-Family Lots and Report on Potential Compliance Options for Consideration Prior to the Effective Date of SB 9 (Staff S. Padovan and C. Lai)
7 City Council Regular Meeting Minutes
October 21, 2021
Interim Planning and Building Director Steve Padovan provided a summary of the new regulations, development implications and potential compliance options.
Council asked questions of staff and received responses.
Mayor Tankha suggested appointing a subcommittee of planning commissioners and direct them to prepare some draft regulations.
City Attorney Mattas asked if Council would like staff and the Planning Commission to consider any incentives in this structure, limits to square footage, or options for flexibility. There was consensus to have options.
Public Comment
Jitze Couperus, Los Altos Hills, said he would like the Council to recognize the tremendous job Interim Director Padovan has done here. He encouraged him to put together some draft ordinances with adjustable numbers so that the subcommittee doesn’t have to draft it from scratch. A rough format would be helpful.
Mike Z, Silicon Valley Builder (Zoom label), thanked the staff for the presentation and asked specific questions about the presentation, which Interim Director Padovan answered.
Allan Epstein, Los Altos Hills, asked if the owner of a property that is currently a rental wishes to tear it down and build a new house, not asking to subdivide or take advantage of SB 9, would they have to wait three years.
Peter Carlino, Lea & Braze Engineers, said he looks forward to hearing what the town will do about this. When it comes to the properties with septic systems, the county requires the septic be on your own property, and not in an easement, so that will be a factor.
Jim Waschura, Los Altos Hills, asked about the Santa Clara County Fire Department’s requirements regarding width of driveways required for multiple units.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Mayor Tankha moved to appoint Birgitta Indaco and Rajiv Patel to an ad-hoc subcommittee of the Planning Commission to work with staff to prepare draft regulations for an urgency ordinance. The Planning Commission will hold a special meeting on Monday, November 8th to approve recommendations to send to the City Council, so the Council can approve an interim urgency ordinance at their Thursday, November 18th Regular City Council Meeting.
The motion was seconded by Councilmember Swan.
8 City Council Regular Meeting Minutes
October 21, 2021
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Five-minute break: 8:54 p.m. to 8:59 P.M.
6. ONGOING BUSINESS
► City Council Ex Parte Contacts Policy Disclosure
A. Resolution 77-21 Awarding a Planning Services Contract to Update the Town of Los Altos Hills General Plan Housing and Safety Elements to Michael Baker International, Inc. (Staff: S. Padovan)
Interim Director Padovan presented the staff report.
Council asked questions of staff and received responses.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to adopt Resolution 77-21 Awarding a Planning Services Contract to Update the Town of Los Altos Hills General Plan Housing and Safety Elements to Michael Baker International, Inc. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Report and Proposed Resolution on the Use of American Rescue Plan (ARP) Funds (Staff: S. Revillar and O. Antillon)
Administrative Services Director Sarina Revillar presented the staff report.
Council asked questions of staff and received responses.
Councilmember Mok suggested the formation of a two-member an ad hoc committee of the Council.
Councilmember Schmidt volunteered to serve on an ad hoc committee with Councilmember Mok.
9 City Council Regular Meeting Minutes
October 21, 2021
Public Comment
Allan Epstein, Los Altos Hills, assured Vice Mayor Tyson that the way the request was made, there was insufficient time to call a meeting. The chair reached out to a minority of the Finance and Investment Committee (FIC) and asked for input. She coordinated a response. The committee did not vote on it.
MOTION MADE AND SECONDED: Councilmember Mok moved that an ad hoc committee comprised of Councilmembers Mok and Schmidt be formed to review possible uses of the funds and to receive input from those with a vested interest. Their findings will be brought to Council for discussion and approval. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Resolution 78-21 Approving Configuration of the Town Hall Backup Power Resiliency Capital Project and Appropriating $250,000 for the Electrical Service Panel Upgrade at Town Hall (Staff: C. Einfalt)
Management Analyst II Cody Einfalt presented the staff report.
Jason Smith, Syserco Energy Solutions, presented design build energy services.
Management Analyst II Einfalt presented the updated budget.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to continue the meeting past 10:00 p.m. The motion was seconded by Councilmember Swan.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Council discussion ensued.
Public Comment
Steve Schmidt, Los Altos Hills, said that that Management Analyst II Einfalt and Mr. Smith have taken the comments from the Environmental Initiatives Committee
10 City Council Regular Meeting Minutes
October 21, 2021
(EIC) and did a great job refining the proposal to reflect that information.
Allan Epstein, Los Altos Hills, said he is supportive of battery backup, but expressed several concerns about the proposal before the Council.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to adopt Resolution 78-21 Approving Configuration of the Town Hall Backup Power Resiliency Capital Project and Appropriating $250,000 for the Electrical Service Panel Upgrade at Town Hall. The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Vice Mayor Tyson) Vice Mayor Tyson presented the report of the Undergrounding Subcommittee.
The report was received. No action was taken.
B. Report by the Fire Taskforce Subcommittee (Councilmember Schmidt) Councilmember Schmidt provided an update on the Fire Safety Taskforce Subcommittee.
The report was received. No action was taken.
C. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
Councilmember Swan reported that the Joint Volunteer Awards Committee (JVAC) has received nominations. The luncheon will be on December 3, 2021.
The Ad Hoc Emerging Technologies Committee did a presentation on the license plate readers to the town. The Vice Mayor of Saratoga asked Los Altos Hills resident Rajiv Bhateja to provide information about the automatic license plate readers.
Councilmember Mok said the Emerging Technologies Committee is an ad hoc committee. He suggested it might become a full committee in the future.
11 City Council Regular Meeting Minutes
October 21, 2021
Vice Mayor Tyson said that he and Councilmember Schmidt are also on a subcommittee regarding development of a new survey of town They have been in contact with councilmembers from seven neighboring cities regarding best practices for conducting efficient and cost-effective surveys.
Mayor Tankha reported that Los Altos Hills is doing a joint Veterans Day event with the City of Los Altos.
8. STAFF REPORTS
A. City Manager
City Manager Carl Cahill gave his last report. He conservatively estimates he has attended 300 city council meetings during his tenure with the town. He met the incoming City Manager Peter Pirnejad, and said he possesses integrity, has an engaging personality, and is a quick study. He commended the Council for what appears to be an excellent choice in city manager.
B. City Attorney
No report.
C. City Clerk
City Clerk Deborah Padovan reported that a reception for incoming City Manager Peter Pirnejad will be held on Wednesday, November 3rd from 4:00 to 6:00 p.m. at Town Hall and residents are invited.
D. Planning Director
Interim Planning and Building Director Steve Padovan reported that the appeal hearing before ABAG for our RHNA numbers on Friday, October 22, 2021, at 9:00 a.m.
Management Analyst II Cody Einfalt said that he started his professional career here in LAH. He was given an incredible opportunity. He thanked City Manager Carl Cahill for setting him up for a successful career.
E. Administrative Services Director
Administrative Services Director Sarina Revillar reported that the final audit has been completed. The draft CAFR will be presented to the FIC on Monday, November 8th.
12 City Council Regular Meeting Minutes
October 21, 2021
F. Public Works Director
Public Works Director Oscar Antillon thanked the Open Space Committee and Environmental Design and Protection Committee for their work on tree issues.
9. COUNCIL INITIATED ITEMS
A. Discussion on Exploring a Community Center for Los Altos Hills (Mayor Tankha) Mayor Tankha said she put this on the agenda to explore the options. She was invited to the Los Altos Community Center, and it is an amazing, incredible resource. As a council we should add to the lives and experience of the residents - to provide something like this. She wants a survey done to see what the residents want done.
10. ADJOURN
The meeting adjourned at 10:40 p.m. in memory of Jim Abraham.
Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the October 21, 2021, regular City Council meeting were approved as presented at the November 18, 2021, regular City Council meeting.
Climate Action Plan Presented by EIC - October 2021
Los Altos Hills
2021
Climate Action Plan
Environmental Initiatives Committee • October .2021
AGENDA ITEM #2.E
Climate Action Plan Presented by EIC - October 2021
Why Climate
Action Plan
● Climate change is real
● It is our moral imperative to act
now and act decisively
● Los Altos Hills prides itself in
nurturing the natural
environment--let us make it a
priority to preserve it
If not us who ?
2 Time to act is now!
Climate Action Plan Presented by EIC - October 2021
Why?
California Targets
California has adopted
SB 32
Overall greenhouse gas emissions to 1990 levels by
2020
40% below 1990 levels by 2030,
SB100
Double the energy efficiency of existing buildings;
Allow greater electric utility investment in electric
vehicle charging infrastructure.
SB 55
Achieve Carbon Neutrality no later than 2045
3
Climate Action Plan Presented by EIC - October 2021
Inventory
Emissions
Leadership
commitment
Establish
Targets
Develop
CAP
First completed
in 2009
Implement
CAP
Monitor
Progress
First loop in 2015
Next in 2021
Climate Action Plan-- Step 2 & 3 - ICLEI 5 step process Ideally done every year
4
Climate Action Plan Presented by EIC - October 2021
Who? 1. EIC, EIC CAP subcommittee
Vrinda, Steve, Srini, Anand, (Peter)
2. Staff
Carl, Oscar, Cody
3. Contractors CSG Consultants
5
Climate Action Plan Presented by EIC - October 2021
What?
The CAP is a strategy to achieve
our target GHG reductions.
1. This is the town’s third CAP
2. This plan is based on the new GHG
Inventory approved last month
3. It describes a high level strategy;
many details are TBD
6
Climate Action Plan Presented by EIC - October 2021 7
How?
Reduction in natural gas use
through electrifying homes
● Major contributors of GHG in LAH
○ Natural gas use
○ Air Travel
● Hard to influence Air Travel
Climate Action Plan Presented by EIC - October 2021
What it includes
● This CAP recommends measures
that are feasible and achievable
● Measures will reduce GHG
emissions
○ For the Government operations
○ For the Community
● EIC proposes a minimum reduction
of 49% in GHG emissions by 2030
8
Climate Action Plan Presented by EIC - October 2021
CAP Scenarios
9 Description Base year Target year
Target
Reduction
Community
Cost thru 2030
State Requirement (SB 32) 1990 2030 40%
SB 32 using 2005 Baseline 2005 2030 49%
Executive Order B-55-18 2045 100%
LAH Business as Usual 2005 2030 36% $0
EIC Proposal 2005 2030 49% $800,000
Aggressive Plan 2005 2030 52% $1,200,000
Climate Action Plan Presented by EIC - October 2021 10
Strategic Options
Incentives Electrification
Regulations/
mandates
● Replace on burnout ordinance (Menlo Park
and Half Moon Bay)
● All-electric reach code covering remodels
(current code is only for new buildings)
● Houses sold have to be electrified within
one year of purchase
● Increased local tax on natural gas (e.g.
Utility Users Tax)
● Increased permits/fees on gas appliances
Limited & Slow
Now
For a comprehensive
response
Climate Action Plan Presented by EIC - October 2021
Recommendations
Government operations to migrate
off fossil fuels
● town staff
● buildings
● service fleets
Community to phase out the natural
gas use by 2045
● resident education
● incentives & planning to
migrate off natural gas
11
Climate Action Plan Presented by EIC - October 2021
Measures for Government Operations
-- to demonstrate solutions
12 Name Description Estimated GHG Savings
Battery
Storage
Install Storage to match PV Production to Town
Hall loads
Minimal, but demonstrates critical new technologies.
Town Hall
Electrification
Convert the natural gas loads at town hall to
electric
32 MT reduction (17% below BAU)
V2G Town Vehicle To Grid for resiliency pilot Minimal, but demonstrates critical new technologies.
Green Fleet
Green Fleet Program with “EV First”
commitment
13 MT reduction (7% below BAU)
EV Charging Free EV charging for town staff 19 MT reduction (10% below BAU) Renewable
Diesel
Town Government and Fire District shift to
renewable diesel
54 MT reduction (29% below BAU)
Climate Action Plan Presented by EIC -October 2021
Community Measures
13 ● For residents: NUDGE
○ A combination of measures to maximize savings
■ Assist with migration off natural gas
■ Educate
● on emissions (e.g. air travel) and solutions
● available technologies and funding sources to
help with the migration
■ Provide firm long term guidance to nudge laggards
● For Foothill, SVCE and PG&E : COLLABORATE
○ Encourage policies & programs for electrification
Climate Action Plan Presented by EIC - October 2021
Community Measures
14 Name Description Estimated GHG Savings
Assessments
Town funded walkthrough electrification
consultant (low cost or free)
High. Reduction of 7,200 MT CO2e in 2030
(7% below BAU)
Streamline
Simplify city permitting processes and
reduce fees for electrification conversions
Medium. Reduction of 2,500 MT CO2e in
2030 (3% below BAU)
Financing
Join in promoting the “BE Smart” program
(tariff on-bill financing) to SVCE
Small. Reduction of 1,200 MT CO2e in
2030 (1% below BAU)
Incentives
Provide incentives & programs to eliminate
natural gas use in buildings by 2045
High. Reduction of 9,500 MT CO2e in 2030
(9% below BAU)
Climate Action Plan Presented by EIC -October 2021
High level timeline
● 2021 through 2030:
○ Educate residents on electrification
○ Fund home assessments to identify low hanging fruit
○ Reduce friction throughout the electrification process ○ Leverage other programs from PG&E, SVCE, BayREN, etc. ○ Identify barriers specific to LAH homes
○ Work with PG&E to avoid gas line replacements/upgrades ● 2031 to 2045:
○ Develop plans for electrifying the toughest cases
○ Accelerate work with PG&E on branch pruning opportunities ○ Assess remaining GHG emissions to get to net zero
15 NOW
2045
Climate Action Plan Presented by EIC - October 2021 16
49% reduction in GHG -Community Cost $820K over 10 years
Climate Action Plan Presented by EIC - October 2021 17
52% reduction in GHG -Community Cost $1.2M over 10 years
Climate Action Plan Presented by EIC - October 2021
CAP Projections: Government
18
Climate Action Plan Presented by EIC - October 2021
CAP Projections: Community
19
Climate Action Plan Presented by EIC - October 2021
Keeping up with our neighbors
20
Climate Action Plan Presented by EIC - October 2021
Next Steps
1. Discuss and select Community
Target & Budget
2. Accept CAP & Pass Resolution
3. Direct Staff and EIC to develop
detailed plan
4. Support initiatives as needed
with SVCE, Foothill, PG&E
21
Climate Action Plan Presented by EIC - October 2021
Thank You
22
Climate Action Plan Presented by EIC - October 2021
Snow making equipment fighting Tahoe fires
23
Climate Action Plan Presented by EIC - October 2021
Background slides
24
Climate Action Plan Presented by EIC - October 2021
Measure Cost by Year (49% option)
25 ID\Year: FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 Totals Assessments $0 $11,100 $22,200 $33,300 $44,400 $55,500 $66,600 $77,700 $88,800 $100,000 $500,000 Streamline $0 $1,100 $2,200 $3,300 $4,400 $5,500 $6,600 $7,700 $8,800 $10,000 $50,000 Financing $0 $0
Incentives $0 $5,600 $11,200 $16,800 $22,400 $28,000 $33,600 $39,200 $44,800 $50,000 $250,000 Battery Storage $0 $0
Town Hall
Electrification $10,000 $20,000 $20,000 $50,000
V2G $0 $10,000 $10,000
Green Fleet $4,000 $3,200 $2,800 $2,400 $2,000 $1,600 $1,200 $800 $400 $0 $20,000 EV Charging $0 $1,100 $2,200 $3,300 $4,400 $5,500 $6,600 $7,700 $8,800 $10,000 $50,000 Renewable
Diesel $0 $400 $800 $1,200 $1,600 $2,000 $2,400 $2,800 $3,200 $4,000 $20,000 Totals: $14,000 $52,500 $61,400 $60,300 $79,200 $98,100 $117,000 $135,900 $154,800 $174,000
$950,000
Climate Action Plan Presented by EIC - October 2021
Community Measure costs for Aggressive
case (52% reduction by 2030)
26 ID\Year: FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 Totals Assessments $0 $11,100 $22,200 $33,300 $44,400 $55,500 $66,600 $77,700 $88,800 $100,000 $500,000 Streamline $0 $1,100 $2,200 $3,300 $4,400 $5,500 $6,600 $7,700 $8,800 $10,000 $50,000 Financing $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Incentives $0 $14,400 $28,800 $43,200 $57,600 $72,000 $86,400 $100,800 $115,200 $130,000 $650,000 $1,200,000
Climate Action Plan Presented by EIC - October 2021
Alternate visualization of Gov’t Ops targets
27
Climate Action Plan Presented by EIC - October 2021
Alternate visualization of Community targets
28
Climate Action Plan Presented by EIC - October 2021
CAP Projections: Community (-air travel)
29
Climate Action Plan Presented by EIC - October 2021
Alternate visualization of Community targets
30
1 City Council Regular Meeting Minutes
September 16, 2021
Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tankha called the City Council Regular Meeting to order at 5:58 p.m.
Present: Mayor Tankha, Vice Mayor Tyson, Councilmember Mok, Councilmember Schmidt, Councilmember Swan
Absent: None
Staff: City Manager Carl Cahill; City Attorney Steve Mattas; Public Works Director Oscar Antillon; Administrative Services Director Sarina Revillar; Management Analyst II Cody Einfalt; City Clerk Deborah Padovan
CALL TO ORDER (5:30 P.M.)
A. Roll Call
B. Pledge of Allegiance
1. ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
A. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee: New City Manager
Agency Designated Representative: Steve Mattas
2. ADJOURN CLOSED SESSION
The Closed Session adjourned at 5:50 p.m.
Public Comment on Closed Session Item
Mayor Tankha asked for public comments. There were none.
City Attorney Steve Mattas said there was no reportable action.
3. OPEN SESSION (6:00 P.M.)
Mayor Tankha called the meeting to order at 5:58 p.m.
A. Pledge of Allegiance
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, September 16, 2021 – 6:00 p.m.
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
2 City Council Regular Meeting Minutes
September 16, 2021
Mayor Tankha asked for a moment of silence in memory of September 11th.
4. AGENDA REVIEW AND REPORT OUT OF CLOSED SESSION
Councilmember Swan asked to postpone Item #10.F.
Mayor Tankha said that the item is agendized as a report. Any action will be taken at a later meeting.
MOTION MADE AND SECONDED: Councilmember Swan moved that Agenda Item #10F be postponed to a future meeting. The motion was seconded by Councilmember Mok.
MOTION FAILED 2-3:
AYES: Mok, Swan
NOES: Tankha, Tyson, Schmidt
ABSTAIN: None
RECUSE: None
ABSENT: None
5. PRESENTATIONS AND APPOINTMENTS
A. Appointments to the Community Relations Committee
City Clerk Deborah Padovan presented the applications of Lew Jamison and April Anair.
Lew Jamison expressed his interest in serving on the committee.
MOTION MADE AND SECONDED: Mayor Tankha moved to appoint Lew Jamison and April Anair to the Community Relations Committee for four-year terms. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Annual Report of the Los Altos Hills Environmental Design and Protection Committee
Peter Brown, Vice Chair of the Environmental Design and Protection Committee, presented the committee’s annual report.
3 City Council Regular Meeting Minutes
September 16, 2021
The Council thanked the committee for all of their hard work. No action was taken.
C. Presentation by the Environmental Initiatives Committee (EIC) of the Green House Gas Inventory, Accept the Inventory, and Provide Direction to the EIC on the Climate Action Plan
Anand Ranganathan, member of the Environmental Initiatives Committee, presented the Greenhouse Gas Inventory.
Council discussion ensued. The Council strongly supported the committee’s initiatives.
Public Comment
Steve Schmidt, Los Altos Hills, thanked the Council for the supportive comments. He asked for direction on what target the committee could use. He said 56% might be a bit conservative. They are asking for more productive feedback.
Pat Lang, Los Altos Hills, thanked the Council for being so supportive. She said she has four grandchildren and wants the world to be in good shape when it is their turn.
Srini Srinivasan, Los Altos Hills, thanked the Council for their support. He serves on the EIC and said the goals are conservative. He thanked the Council for acting for the environment. He would like to push the agenda through this time around. The time to act is now. Asked for guidance on the general noise around the issues in our community, and how the committee can help.
Vrinda Bhandarkar, Los Altos Hills, appreciated the positive feedback and Council’s support. In the first five years there is going to be a lot of investment by the state, county and federal government. They need the Council’s support and intention to work with different levels of government. We really need the will to reach those targets.
Council discussion ensued.
The Council was inclined to support efforts to take us to the next level. The committee is to return with a plan and options. No action was taken.
D. Presentation by the Los Altos Hills County Fire District on the Evacuation Hardening Project on Moody and El Monte Roads
Denise Gluhan, Los Altos Hills County Fire District, presented on evacuation hardening on Moody and El Monte Roads. This is an on-going plan for the Town.
Council discussion ensued. No action was taken.
4 City Council Regular Meeting Minutes
September 16, 2021
Public Comment
Jitze Couperus, Los Altos Hills, thanked Captain Gluhan. He asked that she include hardening on Moody Road and the fire access roads in that neighborhood.
Dru Andreson, Los Altos Hills, talked about a firewise project in Zone 2. They had an evacuation drill a year ago. The firewise program is national and they have 8 to 10 properties participating.
6. 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.
There were no public comments.
7. CONSENT CALENDAR
Councilmember Schmidt asked what Plan JPA pooled liability is for. Administrative Services Director Revillar provided an overview on liability insurance.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to approve the CONSENT CALENDAR as presented. The motion was seconded by Councilmember Swan.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
A. Approval of City Council Special Meeting Minutes: August 19, 2021 B. Approval of City Council Regular Meeting Minutes: August 19, 2021 C. Approval of City Council Special Meeting Minutes: August 30, 2021 D. Approval of City Council Special Meeting Minutes: September 8, 2021 E. Review of Disbursements: August 1-31, 2021 $1,435,568.84
5 City Council Regular Meeting Minutes
September 16, 2021
F. Resolution 61-21 Authorizing increasing the Standing Purchase Order with PLAN JPA-Pooled Liability Assurance in the amount not to exceed $19,243; Authorize the City Manager to Execute Standing Purchase Orders for Fiscal Year 2021-2022 in an Amount not to Exceed $265,127, and Appropriate $19,243 for Liability Assurance for FY2021-22 Budget (Staff: S. Revillar)
G. Revise Resolution 62-21 Delegation of Authority to Request Disbursements from Other Post-Employment Prefunding (Staff: S. Revillar)
H. Resolution 63-21 Accepting the Grant of an Open Space Easement at 26724 Palo Hills Drive; Lands of Wen Family Trust (Staff: S. Padovan) I. Resolution 64-21 Accepting Dedication of Right-of-Way Easement; Lands of Wen Living Trust; 26724 Palo Hills Drive (Staff: O. Antillon) J. Resolution 65-21 Accepting Dedication of Right-of-Way Easement; Lands of SA 96 LLC; 14096 Seven Acres Lane (Staff: O. Antillon)
K. Resolution 66-21 Accepting Dedication of Right-of-Way Easement; Lands of Vista Grande Trust; 13781 Cicerone Lane (Staff: O. Antillon)
L. Resolution 67-21 Accepting the 23520 Ravensbury Avenue Sanitary Sewer Main Extension Project and Approving a Sanitary Sewer Offer of Dedication and Dedication Agreement Between the Town and James and Jennifer Doran (Staff: O.
Antillon)
M. Resolution 68-21 Approving Application and Sewer Construction and Dedication Agreement for the 13254 East Sunset Drive Sanitary Sewer Main Extension Project (Staff: O. Antillon)
N. Resolution 69-21 Accepting the 2020 Pavement Rehabilitation and Drainage Improvement Project (Staff: O. Antillon)
O. Notification of Fast Track Approval: Lands of AAAA 2019 Revocable Trust; 12500 Minorca Court; Site Development Permit for a new 4,551 square-foot, one-story residence with a 2,157 square-foot basement, and a detached 1,198 square-foot accessory dwelling unit. CEQA Review: Categorical Exemption per Section 15303(a) Appeal deadline: Tuesday, September 28, 2021 at 5:00 p.m. (Staff: J. Loh)
8. ONGOING BUSINESS
A. Resolution Approving an Addendum to the Sheriff’s Contract for an Additional Swing Shift Deputy in an amount not to exceed $450,000 Annually (Staff: C. Cahill) – Continued from the August 19, 2021 Regular City Council Meeting
6 City Council Regular Meeting Minutes
September 16, 2021
City Manager Carl Cahill presented the staff report.
Captain Rich Urena presented the Sheriff’s response times in 2021.
Councilmember Mok asked how long it would take to hire a second deputy.
Captain Urena replied that the beginning of fiscal year would work best because of budgeting.
Councilmember Schmidt understood that the second deputy was already working in town at times.
Captain Urena confirmed this.
Vice Mayor Tyson thanked Captain Urena for an excellent report that covered the additional data Council had asked for.
Councilmember Swan said that response time goals were met before the second deputy was added. She wondered if the motorcycle officer was really needed. She suggested that the contract for the motorcycle officer be ended and a patrol car be placed at Gardner Bullis School as a deterrent. Gathering data from the license plate readers, once they are in use, would be more prudent than adding another deputy at this time.
Public Comment
Anand Ranganathan, Los Altos Hills, said we spend $205 per capita. If we add the second deputy, we will be spending more than Saratoga and Cupertino. He was not in support of the additional deputy and extra money. Why do we need to commit the extra money, if we will already pay for it only if we use it? Kjell Karlsson, Los Altos Hills, said the Council should figure out the budget for license plate readers for two patrol cars.
Pat Lang, Los Altos Hills, suggested the Council see the effect of the license plate readers before making a decision.
MOTION MADE AND SECONDED: Councilmember Swan moved that no decision be made on this item at tonight’s meeting. The motion was seconded by Councilmember Mok.
MOTION PASSED 3-2:
AYES: Tankha, Mok, Swan
NOES: Tyson, Schmidt
ABSTAIN: None
RECUSE: None
7 City Council Regular Meeting Minutes
September 16, 2021
ABSENT: None
9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Vice Mayor Tyson) Vice Mayor Tyson presented his undergrounding report.
No action was taken.
B. Report by the Fire Taskforce Subcommittee (Councilmember Schmidt) Councilmember Schmidt presented the fire taskforce report. There will be a Fire Fair at Town Hall on October 23rd and the FireSafe Council has been very helpful.
She asked how we can prioritize tree / brush removal on city rights-of-way? Can we start coming up with a plan to deal with this? We need a good solid plan to accomplish this.
Council discussion ensued regarding the possibility of using swimming pool water to fight fires.
Public Comment
Denise Gluhan, LAHCFD, explained that the fire department has maps on the trucks that include the majority of pools. If that pool is considered part of the property’s fire protection system, it’s required to be plumbed to the road to make it possible to use the pool water to fight fires. That also shows up on the maps and becomes part of the annual hydrant inspection. Fire trucks also carry a hard suction pump that can extract water from pools in a firefighting situation.
No action was taken.
C. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
Councilmember Swan said she is on the Joint Volunteer Awards Committee. She encouraged nominations for Los Altos Hills volunteers.
10. STAFF REPORTS
A. City Manager
No report.
8 City Council Regular Meeting Minutes
September 16, 2021
B. City Attorney – Report on AB 361; Consideration of Options and Possible Direction to Staff
City Attorney Mattas said that Governor Newsom signed AB 361 allowing cities to continue to use teleconference meeting capabilities without having to comply with historic teleconference standards. This law would allow public agencies to continue to use teleconferencing through early 2024. It does require the Town proclaim a state of emergency by determining that in-person meetings would create a risk to the health and safety of attendees, and to renew it monthly. Agencies must allow members of the public to address the legislative body, and to fully participate in the meeting.
Agendas must include information for the public on how they can participate in the meeting.
The new law prohibits public agencies from requiring that public comment be submitted prior to meetings and requires that public comment be taken during the meeting. If there is any disruption in the video or Zoom connection during the meeting, the legislative body must suspend the meeting until the issue has been resolved.
This is an urgency statute, so it takes effect immediately. It applies to all legislative bodies; i.e., the Council, Planning Commission, and standing committees. It would require a Consent Calendar item each month to reaffirm the state of emergency. To discontinue teleconferencing and return to in-person meetings, that item would simply not appear on the Consent Calendar.
MOTION MADE AND SECONDED: Councilmember Swan moved that because the Town is operating under a state of emergency, locally declared and by state action, the Town utilize the authority provided in AB 361 to continue teleconference meetings, given the imminent risk to health and safety of attendees from the current pandemic. The motion was seconded by Vice Mayor Tyson.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. City Clerk
No report.
D. Administrative Services Director
No report.
9 City Council Regular Meeting Minutes
September 16, 2021
E. Public Works Director
Public Works Director Oscar Antillon responded to questions about the Town’s sewer system.
F. Planning/Building Director - Zoning Analysis on Microwave Antennas Installed at 12648 La Cresta Court on behalf of Los Altos Hills Community Fiber City Manager Carl Cahill presented the report. He said that the dishes appear to be governed by the Town’s wireless ordinance and we will need to follow the process to get a use permit. No action was taken.
11. COUNCIL INITIATED ITEMS
A. Discussion and Possible Action on Forming a Task Force Comprised of Two Members of the Planning Commission to Review Fire Department Requirements for New Construction (Mayor Tankha)
Mayor Tankha presented the item. She suggested a task force comprised of Jitze Couperus and another individual selected by the Planning Commission.
There was Council consensus to allow the Planning Commission to form a twoperson subcommittee to review Fire Department requirements for new construction.
MOTION MADE AND SECONDED: Mayor Tankha moved to direct the Planning Commission to appoint a two-member subcommittee to work with the Fire Department regarding requirements for new construction and explore options to find a solution with County Fire. The Planning Commission shall decide who shall serve on the two-member subcommittee. The motion was seconded by Councilmember Swan.
Public Comment
Jitze Couperus, Los Altos Hills, said it would be best to appoint two members of the Planning Commission who are serving their first terms.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Discussion on LAH Municipal Code Title 4 “Public Safety”, Chapter 2 “Fire Prevention” and the Need for Dedicated Fire Prevention Code Enforcement Services (Councilmember Schmidt)
10 City Council Regular Meeting Minutes
September 16, 2021
Councilmember Schmidt asked if Town staff could be used for fire-related code enforcement.
City Attorney Mattas confirmed this was acceptable.
Council discussion ensued.
City Manager Cahill suggested a job description be created.
Councilmember Schmidt said this could be a new job for an individual, either part time or full time.
Council discussion ensued regarding what entity should pay for the enforcement services.
Vice Mayor Tyson noted that the issue of private property fire hygiene is of great concern and should be addressed quickly for the overall safety of this town. This is a relatively small expense. We are going to apply an inspection and have the homeowners take care of the problems themselves. If they don’t, we can pay a contractor and issue liens. That is a normal approach.
Councilmember Schmidt reaffirmed the need to develop a position. Her first priority is the town’s safety.
Public Comment
Allan Epstein, Los Altos Hills, the audit findings dealt with the fact the district paid to mediate the risk on individual properties. Councilmember Schmidt is talking about enforcement and the policies in place needing to be followed.
There was general consensus to allow Councilmember Schmidt to work with staff to develop a plan to be discussed in detail.
C. Discussion on Placing Deed Restrictions on Units Built Under Senate Bill 9 (SB9) (Mayor Tankha)
Mayor Tankha presented the item. She asked if staff could work on guidelines to make sure that developers don’t take advantage of what SB9 allows them to do. What kind of restrictions could be put in place?
Council discussion ensued.
There was general consensus to allow staff to work on this.
Public Comment
Barry Smith, Los Altos Hills, said it would be good for us to see what can be
11 City Council Regular Meeting Minutes
September 16, 2021
done. Staff could be working with similar communities to explore this.
12. ADJOURN
The meeting was adjourned at 9:23 p.m.
Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the September 16, 2021, regular City Council meeting were approved as presented at the October 21, 2021, regular City Council meeting.
GHG Inventory Presented by EIC - September 2021
Los Altos Hills
2019
Greenhouse Gas
Inventory
Environmental Initiatives Committee • 09.2021
1 AGENDA ITEM #5.C
GHG Inventory Presented by EIC - September 2021
Who?
1. EIC, EIC Climate subcommittee
Vrinda, Anand, Steve, Srini, (Peter)
2. Staff
Zach, Krista
3. Contractors CSG Consultants
2
GHG Inventory Presented by EIC - September 2021
What?
The process of accounting for all
GHG sources within a defined
boundary.
1. Large changes to global climate with
small changes in concentration
2. Covers 6 Kyoto gases
a. CO2, CH4, N2O, SF6, HFCs,
PFCs
3. Measured in Metric Tons (MT) of
CO2e
3
GHG Inventory Presented by EIC - September 2021
What it includes
● GHG generated within town
● GHG from grid electricity
● GHG from waste/sewer
● GHG from LAH resident/
government/commercial
activities
4
GHG Inventory Presented by EIC - September 2021
What it doesn’t
include
● GHG due to consumption
● GHG at residents’ place of
work (outside town)
5
GHG Inventory Presented by EIC - September 2021
Why track GHG?
● AB-32 "The Global Warming Solutions Act of 2006"
○ "Ensure rigorous and consistent accounting of emissions" ● Statewide Executive Order B-55-18 (2018)
○ "Achieve carbon neutrality as soon as possible, and no later than 2045"
● LAH General Plan, Conservation Element
○ Policy 4.1: "Support regional, state, and federal programs that improve air quality in the Bay Area." (e.g. AB-32)
○ Program 11.1: "Environmental Monitoring – Develop a procedure for monitoring known or potential environmental problems to ensure that irreversible damage will not occur."
6
GHG Inventory Presented by EIC - September 2021
Why track GHG?
● US Mayors' Climate Protection Agreement
○ LAH Resolution No. 45-06 passed unanimously 6/08/2006 ○ "Strive to meet or beat the Kyoto Protocol targets in our own community"
● ICLEI Membership Resolution
○ LAH Resolution No. 18-08 passed unanimously 3/13/2008 ○ "Town will undertake ICLEI's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community"
● Silicon Valley Clean Energy
○ LAH Resolution No. 11-16 passed unanimously 01/27/16
○ "Intended to … reduce greenhouse gas emissions...
7
GHG Inventory Presented by EIC - September 2021
Limiting climate
change is a moral
imperative
8
GHG Inventory Presented by EIC - September 2021
Inventory
Emissions
Leadership
commitment
Establish
Targets
Develop
CAP
First completed
in 2009
Implement
CAP
Monitor
Progress
First loop in 2015
Next in 2021
ICLEI 5 milestone process
Ideally done every year
9
GHG Inventory Presented by EIC - September 2021
Bumps in the road
No inventory completed after 2015
● Not a town priority
● 2018 /19 inventory finally done last year
10
GHG Inventory Presented by EIC - September 2021
Two Different Inventories
Community
● Emissions attributed to
residents + commercial
○ Energy use at home
○ Daily commutes
○ Personal airline
travel?
Government
● Emissions attributed to
government operations
○ Town hall,
Westwind barn etc
○ Fire, Garbage,
Police services
11
GHG Inventory Presented by EIC - September 2021
Two Different Inventories
12
GHG Inventory Presented by EIC - September 2021
Government Emissions
13
GHG Inventory Presented by EIC - September 2021
Government Emissions
14
GHG Inventory Presented by EIC - September 2021
Government Progress Towards Target
15
GHG Inventory Presented by EIC - September 2021
Community Emissions
-14%
from 2005
-19%
from 2005
16
GHG Inventory Presented by EIC - September 2021
Community Emissions
● Residential
○ Electricity: primarily SVCE, some PG&E
○ Gas: space heating, water heating, laundry, kitchen, pool ○ Auto travel
○ Waste processing: sewer + septic
○ Air travel: personal travel, not business
● Commercial
○ Foothill College + Cell towers
○ Electricity: Usually Direct Relationships, not SVCE
○ Gas: space/water heating, kitchen, pool ...
17
GHG Inventory Presented by EIC - September 2021
Community Emissions
18
GHG Inventory Presented by EIC - September 2021
Community Emissions
19
GHG Inventory Presented by EIC - September 2021
Progress - Residential Electricity
Switch to SVCE
● <5% of residents still on PG&E
● Electricity consumption UP 4% from 2005
● Emissions due to electricity DOWN 97%
20
GHG Inventory Presented by EIC - September 2021
Progress - Auto Vehicle Miles
LAH residents are trend setters
● Auto Vehicle Miles Traveled UP 6% from 2005
● Emissions due to vehicles DOWN 33% from 2005
● LAH leads CA in EV adoption, perhaps leads USA
○ 1 in 3 households has an EV
21
GHG Inventory Presented by EIC - September 2021
Attention Area - Residential Gas
38% of total emissions
● CO2E due to natural gas in home UP 4% from 2005
● Reach codes will help move the needle
○ More is needed
22
GHG Inventory Presented by EIC - September 2021
Attention Area - Commercial
Primarily Foothill College
● No change in footprint
● Slow progress getting data/plans from them
23
GHG Inventory Presented by EIC - September 2021
Attention Area - Air Travel
LAH residents love to travel
● Estimated: 15,900 miles/household/year personal travel ○ Based on per-capita income
○ Equivalent to adding 1.5 gasoline cars/household
● Unofficial survey at Classic Car show confirms suspicions ○ Might well be higher
○ Recommend a town survey
24
GHG Inventory Presented by EIC - September 2021
15,900 miles
LAH air travel miles/household
US average: 4,300
Bay Area average: 7,500
25
GHG Inventory Presented by EIC - September 2021
Business As Usual Projections: Government
26
GHG Inventory Presented by EIC - September 2021
Business As Usual Projections: Community
-36%
from 2005
-45%
from 2005
27
GHG Inventory Presented by EIC - September 2021
Business As Usual: 2030 GHG Composition
28
GHG Inventory Presented by EIC - September 2021
Climate Action Plan Targets
29
GHG Inventory Presented by EIC - September 2021
Next Steps
1. Accept GHG inventory
2. Recommit to annual inventory
3. Pressure on Foothill College
4. Official air travel survey +
education
5. Direction to EIC re CAP targets
6. EIC will soon present 2021
Climate Action Plan
30
GHG Inventory Presented by EIC - September 2021
The time to
act is now
31
GHG Inventory Presented by EIC - September 2021
Join the EIC
32 Drive LAH to take a leadership role in fighting climate change
GHG Inventory Presented by EIC - September 2021
33
ENVIRONMENTAL INITIATIVES COMMITTEE
Regular Meeting Minutes
Date: Feb 10, 2022
1. Attendees:
a. Members: Vrinda, Steve, Anand, Pat, Sasha, Aileen, Srini, April b. Council liaison: Stan
c. Public: Sarah Robustelli (with guest appearance from new son Sean!)
2. Approval of Minutes of the meetings on Jan.13, 2021
a. Moved by Steve; Seconded by Srini; Unanimous approval.
3. Agenda Review: Approved.
4. Theme and planning for Earth Day Celebrations (Sarah) a. April 24th, Sunday, 1-4 at Westwind Barn
b. Background: Excited to have events running again. In the past, Open Space had invited Leopards, Inc to provide entertainment. Sarah has reached out to them but hasn't heard back yet. Also not sure if it will be safe to gather in such close proximity. Looking for other ideas that will draw a crowd. c. Will reach out to GreenTown, GreenWaste, PHWD, Hidden Villa. Hike scheduled at 2pm for GrassRoots Ecology and Farms. They will also sell native plants. Maybe reptiles & amphibians too? Grassroot Ecology will do a hike at 2:00
d. Steve: We have set tables for energy conservation, green house gas reduction in the past –but no traction. With no cats what will be the response. Hike may attract a lot of people
e. Aileen: Acterra demonstration of Induction Cooktops? Sarah will contact them. f. Srini: Demonstrate EVs? JoeS, SteveS... plus a Lucid? And a Rivian? would all be nice to have. What residents have these?
g. Other ideas? Send a note to Sarah at [email protected]
5. Discuss possible ban on gas-powered leaf blowers
a. Steve: Resident Cris Schibold was going to present. (He is now on the town council's agenda for next week.)
b. Aileen: Approved CA bill (AB 1346) will drive Air Resource Board regarding new sales
c. Sasha: Electric leaf blower better than gas; expensive, but works better. d. Action: Wait for results from Cris' presentation to council.
6. Reach codes–Expand, Simplify, Continue, or Electrify: Timeline and Strategy a. Steve: We need to pick our battles; suggested doing the minimum to update our existing Reach code for 2023.
b. Sasha: Maybe require leak testing on gas leak replacement? (He did his own leak test.)
i. Stan: Offer a program to check for leaks?
c. Steve: Leaks at every stage of the gas delivery network. Will take time (staff, EIC, council) to push for tighter controls. Also, Some gas lines are very old and need to be replaced, if we are looking at 2045 as the end of gas use, electrification would be a better solution than replacing them now. . d. Anand: Seems inconsistent to allow gas in brand new homes, when we need to be totally off it by 2045... But doesn't have time to lead the charge. Palo Alto reach code starting 2020, requires new buildings to be fully electric. We can try to do that too in 2023
e. Sasha: For replacing gas powered appliances –not much available for heating spas , but pool heating should be possible
f. Stan: There is very little appetite for cutting off gas right now. g. Approved: Punt until April, when SVCE should have final wording of "model ordinance" options (https://bayareareachcodes.org/).
7. Update on CAP measures,
a. Anand: Good news on all the government actions! Switch to renewable diesel done for townWater district will also switch to renewable diesel; fire district will consider in 2023 when they switch vendors. Town staff are now getting free EV charging! They are running out of spots for recharging–they are looking into adding to the charging capacity. Council priority list includes battery storage, and EV-first green fleet! Congratulations!
b. Steve: feedback on new assessment options. Found some vendors who might do it. Now working on a draft RFP for assessments. Several issues discussed:
i. How to encourage? Assessments will be subsidized by town. Also, once an assessment is completed, associated permit fees could be waived. Finally, if a resident takes action within [one year?], town may provide financial incentives.PA has Clear results doing the assessment.
It is subsidized by PA but they have done very few. BlockPower of Ithaca but they project managers for financing but they do the assessment. Emerald Energy is another one. They can prioritize the electrification projects and give a rough estimate of costs. The reports will be good enough for getting bids without the need for another assessment. City will get a copy which can be used for outreach, we can decide on subsidizing , or waive permit fees and if assessment is followed by action we could offer further subsidies or incentives. ii. All Electric California– in San Francisco is very eager to do this. There are more startups also interested. Steve working on a draft RFP. There is a list of 10 possible candidates..
iii. Who will do the outreach/promotion? The town.
iv. Should we require "independent" assessments from a contractor who does not do the implementation? Yes.
v. Could we make permit data available to the contractor if they want it? No -- according to Sasha it's still all in paper format (not electronic). vi. Sasha: How will we audit/certify the results? Stan suggested town staff could do this. Steve suggested we define required features of the assessment reports.
c. Vrinda: Options for simplifying permitting... maybe part of reach codes? Discuss in April.
d. Sasha: re reducing vehicle miles in town, to reduce particulate emissions.
Related data here and here. Steve and Anand argued that natural gas
emissions (which continue to rise) are more important than transportation emissions (which are declining). No action.
8. Topics of Interest /Open Discussion
a. Steve described this "Mayor's pledge" from Rewiring America. Very much aligned with our new CAP. EIC could recommend George sign it. b. To be agendized for next meeting, for a vote.
9. EIC meeting to be changed to 4th Thursday (added with the revision) a. Anand moved, April seconded, Unanimous support.
10. Next EIC meeting: March 24th at 6:30pm
11. Adjournment at 8:00pm
ENVIRONMENTAL INITIATIVES COMMITTEE
Regular Meeting Minutes
Date: April 28, 2022
1. Attendees:
a. Committee: Vrinda, Sasha, Anand, Steve, Pat, April & Stan b. Others: PeterP, Cris Scheibold, Daniel Liang(staff)
2. Approval of minutes:Anand moved & seconded by Pat, approved as written unanimously
3. Agenda review: Sasha Moved & seconded by Pat as is; unanimous
4. Addition of new EV chargers
a. Peter described his options: With panel upgrades there is capacity to add 2 more EV chargers. Two alternatives: ChargePoint chargers ( about $12K already budgeted for) with one system, one provider, or donation of two chargers by town resident, as long as he gets the tax exemptions and carbon credits. b. Sasha: Might be more resilient to have different types. c. Vrinda: Too complicated later on to accept the donated ones. d. Recommended to go with Peter's suggestion with 2 Chargepoint.
5. Gas powered Leaf Blower Ordinance by Cris Schiebold (refer to Appendix 1 below) a. No leaf blower ordinance today in LAH. Adjacent towns have some kind of ordinance, some have banned gas powered, others have limited the sound levels. Compliance is improving. Manufacturers have adopted that standard of 65dB.Most achieve this by using mufflers.
b. Peter: Can the town do aits work with electric. Later this year, our staff will check. c. Cris The technology is there but are expensive, battery lasts for 3-4 hours. Don’t want to ban gas powered ones but looking for an ordinance that will regulate noise levels and hours of usage
d. April, Anand, Sasha : maintain the time schedule by cross referencing the construction noise ordinance
e. Peter: In Palo Alto, enforcement was an issue. In LAH staffing is an issue. This would be a Priority 3 issue–public nuisance– for Sheriffs when the town hall is closed with response time of 20-30mins, with mi\unicipal code issue–likely to get a warning. During office hours it will be addressed by code enforcement officers–give citations to the gardners (not the owners) and charge according to a fee schedule for the violation. The violation will have to be witnessed by the officer, with a dB meter.
f. Anand: Should not be criminalized, Stan: Against use of law enforcement-for budgetary reasons and for ethical reasons. Gardeners work very hard in difficult conditions for not much pay.
g. April: Town sends courtesy letter for violation
h. Anand believes town agreed "no mandates". If mandates cannot be imposed on residents then why on gardeners.It is unfair and immoral. Concerned that it is a hardship we are imposing on garners without any incentives. i. Cris: The hours of operation have to be different for leaf blowers and construction equipment.
j. Steve moved and April seconded to recommend to council Cris' recommended proposal as written with two amendments:
i. Enforcement will be light handed, done only by city staff when a code enforcement officer is at hand. EIC does not recommend the police be involved for enforcement.
ii. EIC recommends, but suggests the council debate the pros and cons of the ban on gas devices starting January 2024.
k. Vote: 5 (Aileen, April, Pat, Steve, Vrinda in favor) 2 opposed. Motion passed. l. Stan will decide to take it to the council
6. Petition to Mayor to sign the Mayor’s Pledge to Electrify a. Discussion of how it aligns with our CAP and our town's actions. b. Petition introduced by Rewiring America–Menlo Park, HMB, San Jose, Palo Alto have already pledged.
c. Sasha: What is the purpose? To show growing support for electrification nationwide.
d. Steve moved, Pat seconded. Unanimous support. Motion passed.
7. Methane Monitoring Program from Rob Jackson (Refer to Appendix 2) a. Steve summarized. No regs on gas companies to declare what is the composition of the gas delivered. Funding required for establishing a national network. There are no permissions required, Aski. community volunteer testing sites to test and approval to publish the findings
ii. Little bit of funding $1200 a quarter or $3600 for the year b. Vrinda: Any Liability? RJ does not know
c. Anand: Good research, but why should we pay for this? d. Stan: We have to pay for it, and probably pay more than others. e. Sasha: Great idea, but what is the benefit of regular monitoring? (Steve didn't know but trusts Rob that it's important.)
f. Steve made a motion to recommend the description (below) to council for approval, with the amendment that we recommend paying for monthly measurements ($3600).
g. Sasha & Pat seconded. 5 in favor, 1 opposed. Motion passed.
8. Update on CAP: Vrinda
a. EIC was at the Erth Day celebrations, could not get much response to the Air Travel survey since it was not well attended by the residents of LAH. b. Sofia working on RFQ for Electrification Assessments c. Town has assigned contractor to work on streamlining permit process.
9. Topics of Interest:
a. Anand:PG&E is taking sign up for trying out Induction stoves for two weeks.
Sasha: You can also borrow infrared camera from PG&E
b. April asked for volunteers for picnic June 5th. All committees invited. Expecting 1500 (down from 2000) due to COVID.
c. April will request canopy for EIC.
d. Discussion about EIC activity will be on the next meeting agenda
10. Next EIC meeting May 26th at 6:30pm. Stan may be late; we will hold any critical items for him.
11. Adjourned at 8:15pm Sasha moves to adjourn, Anand seconded __________________________________________
Appendix 1
Recommended Leaf Blower Ordinance “Asks”:
Hours of Operation:
8:30 to 5:30 Weekdays, 9:00 to 5:00 Saturdays, operation of leaf blowers not allowed on Sundays and holidays.
Noise Limit:
Leaf blowers (both gas and electric) must not exceed 65 dB as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers. Leaf blowers must carry the manufacturer's sticker certifying 65 dB compliance or be approved and stamped by the city. No modification to the muffler or the manufacturer's noise suppression system is allowed after certification.
Gas Leaf Blowers:
Use of all gas leaf blowers will be banned starting on January 1, 2024, coinciding with the California state ban on the sale of gas leaf blowers. ______________________________________
Appendix 2
Request for EIC consideration:
● Approve a petition to the Town Council to participate in a new community-based network to sample the chemical composition of natural gas delivered to LAH homes.
● The study will help determine any health issues associated with natural gas use. ● Funding request is $3,600 for the first year for monthly gas sampling (preferred), or $1,200 for quarterly.
Background:
Professor Rob Jackson runs the Jackson Lab at Stanford. Rob has studied leaks in our natural gas system in Boston streets and New Mexico oil fields, and leaks and health impacts of gas appliances in CA homes.
The lab is now developing a community-based network to sample the chemical composition of natural gas in homes and buildings across the United States. Leaks from oil and gas infrastructure outdoors have raised concerns about the chemicals found in gas, such as benzene detected at the Aliso Canyon blowout, but we have no publicly available information on the chemical constituents in natural gas leaking into our homes and buildings. Therefore, we’d like to establish a national network by collecting monthly or quarterly unburned gas samples from home stoves in as many cities as possible. We’ll have them analyzed at certified
laboratories using the EPA’s TO-15A method for measuring the concentrations of volatile organic carbon compounds (VOCs), including benzene, butadiene, ethylbenzene, and toluene.
An important part of the network will be to make all of the national data we find available to the public.
For gas sampling, ideally we’d collect monthly or quarterly from one home in each city (could be the same home). There’s no reason to expect PG&E gas to differ across houses in LAH. We hope the city would pay for the canister analysis (either ~$300x4 for quarterly or $300x12 for monthly). We just sampled our first home in Menlo Park.
The "ask" would be for the city council to support the concept of disclosure for what’s in the natural gas supplied to LAH residents and support the costs of the chemical analyses to determine the chemical constituents. We would request funding for one year and then revisit for continued testing.
Additional Q&A from Rob:
1. Is there any risk or downside to the city for allowing you to publish your findings? No, I can’t imagine any possible downside. The city is not liable for the chemical composition of the gas.
2. Why couldn't you just get approval from individual PG&E customers instead? We could. We don’t need city or utility approval or permission to do this. However, our goal is to start a national network of sites, and we can’t pay for sampling all of them.
City endorsements are also helpful to say, “We think this information is important.” Porter Ranch is an example of where such information would have been helpful, had it been available.
3. Is a permit required to hook up a new gas device (e.g. your test canister) within a home?
No permit is required. It’s a one-minute job and we don’t remove or alter any infrastructure to or on the existing gas appliance.
4. Could the gas utility claim the gas mixture is proprietary? Trade secrets and privacy issues shouldn’t impede our network, so long as the sampled gas comes from inside a home or building “post-meter”.
By analogy, it’s illegal to break into a Coca Cola plant to discover its ingredients, but you can buy a can of coke at the store and analyze its ingredients to your heart’s content, no permission needed. The same is true of natural gas in our homes.
ENVIRONMENTAL INITIATIVES COMMITTEE
Regular Meeting Minutes
Date: June 23, 2022
1. Attendees:
a. Members: Vrinda, Anand, Steve, MikeS, Pat, Stan
b. Guests: SarahR, Oscar, George Lee, Melissa Elian, Emina Steta, Oscar, Sofia
2. Last meeting's minutes: Anand made a motion to approve, Steve seconded, unanimous approval.
3. Agenda: Anand made motion to approve, Steve seconded, unanimous approval.
4. Community Facilities Needs Assessment Presentation and Motion (Sarah):
a. Vrinda noted that a motion was already made and approved at our last meeting after SteveP left. No action needed.
5. Releasing carbon credits to an EV Charger company
a. Melissa Elian, assistant Engr, introduced George Lee from PowerFlex (and LAH resident and Los Altos based company) b. Started Powerflex in CalTech in S. CA 5-6 years ago-do all things renewable energy- acquired by EDF Renewables in 2019
c. 9,000 EV chargers installed in CA;400 MW in commercial solar 3rd largest commercial solar PV installer; plus big on batteries, a turnkey company. Powerflex works with lots of municipalities, workplaces, nonprofits, and education institutions. Largest provider of large scale charging stations (>30 chargers). Local governments – Palo Alto, Mountain View, San Jose, UCSF, SLAC, Stanford business Park, Fleets.
d. Different types of chargers 7 kW (LAH has 7kW chargers now) 10- 19 kW and three types of DC fast chargers (40 mins. more expensive, require more power at Supermarkets or Libraries).
Townhall can be the starting point, can be at the baseball field, or at the barn
e. Pay by Mobileapp–deposit money and charge
f. MikeS: What's the rough cost per kWh?
George: from free to expensive -- depends on customer.At the schools in Los Altos-free during the day and in the evening it is $0.40/ kWh. For LAH PG&E rate is $0.25/kWh, with solar offset it may be in $0.10/kWh range. Powerflex has been subsidizing the schools for last 3-4 years.
g. Steve: Can they support the town staff for free? George: Yes, based on losaltoshills.gov email address.
h. 90% of customers agree to give PowerFlex the carbon credits in return for free O&M (Chargepoint is about $400/year).
i. For LAH there are two chargers, -expand it to 5 ports at the cost $16-17K. Powerflex offer-will donate the chargers and O&M charges waived for 5 years
j. PowerFlex keeps the Low Carbon Fuel Standard (LCFS) credits.
From the CA air board. 1 Carbon Credit is ~1 MWh. Worth about 8 cents per kWh. Price has fluctuated from $80-$200-$80 per carbon credit– very volatile. PF assumes the risks There are a lot of bookkeeping details –expensive for small customers.
k. Win-win solution because, if a power station is not working PF has an incentive to fix. If no carbon credits – no revenue for PF.
Unless the site is busy all day long, it will not break even to cover installation and O&M cost.
l. Melissa: Town staff doesn't have the bandwidth to do LCSF credits themselves. Powerflex has a whole team for this.Town can review the arrangement after the 5 years.
m. Anand: Confirmed that Powerflex funded the full cost of products and maintenance, while the town pays for installation. ( same agreement with Mountain View, and Palo Alto (3 years)
n. Steve: Will this affect our GHG inventory in any way? George is not sure. Probably not. If people pay for the charge, PF will reimburse the city for the whole amount.
o. George suggests 30 chargers... Oscar says the panel can't support it yet (only 5-level 2-25-30 miles per hour) and Melissa added that there will be ADA requirements
p. Oscar: the purchase cost of Chargepoint more that Powerflex.
The installation costs are similar.
q. Request: Motion: Recommend supporting a town agreement with Powerflex to provide free chargers and maintenance for 5 years in exchange for use of carbon credits.
r. Steve moved, MikeS seconded, unanimous approval.
6. EIC recommendations for Telecom carriers that have current leases in Town, who want to install back-up generators– Cody Einfalt will introduce the topic (absent).
a. Anand suggests that AT&T should pay for batteries instead of generators
b. Postponed until next meeting.
7. Recommend to City Council acceptance of CSG's 6/10/22 proposal to complete 7 new GHG inventories (not to exceed $17,232). a. Anand made the motion to approve, Steve seconded,
unanimous approval.
8. Discuss possible permit fee changes to encourage electrification for CAP goals.
a. Sofia proposed flat line item credit ($200?) and a max of 50 incentives over a year.
b. Anand: Will the homeowner get the money or the contractor? Sofia: could be either.
c. Oscar: Maybe $100-$250 per electrified device, sent directly to homeowner.... Need to set a budget , maybe a limit of 50/year? d. Anand: Maybe BayREN could administer this? Sofia to check.
e. MikeS: When he installed his HPWH he got $3-5k in incentives from other places... would an extra $100 be too little? Contractors will need to know about the rebates from LAH.
f. Sofia check whether the town has the capacity to write the checks,will do a bit more research, check with Finance about how to set up the rebates and track it. LAH is going to have a dedicated web page for electrification–will include a check list of permits and rebate available –permit streamlining, does not change the financial aspect of pulling a permit.
g. Anand : Can BayREN run the program with money from LAH? h. Steve: We have about $15,000 for incentives in the budget for next year. We need a resolution from EIC for budget
augmentation. Then we can decide at our next meeting. In August CC agenda is crowded but the resolution can be considered at the September City Council Meeting.
i. New subcommittee for Permit rebates: Sasha, Anand, MikeS
9. Update on Climate Action Plan Implementation
a. Town got four proposals -- 2 disqualified
b. Of the remaining 2,
one on the east coast. They have done virtual assessments for a while –send a kit consisting of a cell phone, loaded with apps, tape measure and infrared gun etc.,then have a interactie conversation with the consultant. Once done no further
contractors need to visit the house.Agreed to $350 per audit from town to the contractors for approved audits, paid monthly. Covers all of a virtual audit; for residents that prefer in person audits, they would have to pay the difference (~$250), probably directly to the contractor. We will discuss this with the contractors.
Second proposal was quite similar., from SF firm, provide a virtual and onsite audit.
c. Questions: Should we approve 1 or 2? Agreement to approve both.
d. Discussion about incentive to contractors... agreement that this is a good thing. Not sure how to administer. To be discussed with contractors. We have to have an agreement and should be in the minutes. Then Stan will take it to CC–won’t happen until September
e. Pat: Would want to have an onsite visit -- didn't feel comfortable with the "kit" idea.
f. MikeS: Learned a ton by walking around with an onsite assessor; lots of benefit to this, IF the onsite person is experienced with electrification issues.
g. Vrinda: The SF guys will be able to walk around, but the Massachusetts company doesn't have local resources.
The motion is to approve a list of qualified vendors. These two vendors will be on that list . We recommend the city agree to pay a total amount of $11,100 for the assessments.
Sofia to figure out the method of payment of $350 per
assessment.
MikeS made a motion to approve, Steve seconded,
unanimous approval.
10. Topics of Interest /Open Discussion
a. Subcommittee on Reach codes: Vrinda, Anand, Sasha & Steve b. Stan welcomed MikeS to EIC
11. Next EIC meeting July 28, 2022 at 6:30pm
12. Adjournment at 8:10pm.
ENVIRONMENTAL INITIATIVES COMMITTEE
Regular Meeting Minutes
Date: Aug 25, 2022
1. Attendees (15)
2. Call to Order (roll call)
a. Members: Anand, Sasha, Vrinda, Pat, Mike, Steve
b. LAH Staff: Sofia, Peter
c. Council Liaison: Stan
d. Guest: Kit
3. Approval of Minutes of the meeting on Jul 28, 2022
a. Moved by Sasha, seconded by Vrinda, passed unanimously
4. Agenda Review
5. Public Comment
6. Open Space Committee Turf Recommendations - Kit Gordon a. Kit presented
b. Vrinda: What is the issue? Kit: Mainly educational.
c. Steve: Installed artificial turf in 2007 for kids/dogs/play area. Kit uses Carex instead of turf for the play area. Many more options now. d. Mike: Appreciates the nuanced approach. Can't just call it "hardscape", because it might encourage people to install turf instead.
e. Sasha: Found some code that references artificial turf (link here)
7. 2022 Reach Code Update - Vrinda B
a. Sasha: Use Palo Alto's definition of retrofit -- simple. b. Sofia: Make sure it is easy to implement -- very limited staff time to focus. Do all electric buildings for October (new constructions).
c. Mike: What type of outreach would be needed? Sofia:
d. Steve: Need to be cognizant of Staff's time.
e. Stan: Should take our time... get all ducks in a row and promote next year. f. Peter: Need to be more aggressive! We need to make sure people protect their homes and make them carbon free. Start by defining the goal, and make the trigger very clear. Communicate goals to residents and contractors/architects. g. Sasha: What about using gas for backup systems? Should be ok until 2045...? h. Steve: Keep it simple, let Staff lead.
i. Stan: Very supportive, but don't overshoot what the public will support. j. Steve moved to approve Vrinda's plan and forward to staff, for Staff to modify as they see fit. Vrinda seconded. Unanimous support.
8. Electrification Rebate - Anand R
a. $14,400 budget to encourage electrification
b. Recommends $1000 incentive for HPWHs
c. IRA will add another $2000 -- so for a DIY 120V HWPH, it can be pretty much free!
d. Sofia: This is not a permit reduction, but an incentive. Anand confirmed.
DRAFT
e. Stan: What is the installation cost? Anand/Mike: Varies a lot. This won't cover it all, but will help.
f. Sasha: Operating cost is not always lower for replacement of 80% efficient gas water heaters, with current rates. Steve noted that many older water heaters have lower efficiency (like this one available today at Home Depot at 59% efficiency), and for those a HPWH saves money.
g. Steve moved to approve proposal to Staff, Sasha seconded, passed unanimously
9. Update on Climate Action Plan Implementation - Steve S a. Report from Fairbanks, AK: Drunken Forests, sagging buildings, melting ice lenses, new bird species, salmon stocks plummeting.
b. Any takers for EA beta tests? Mike (tried QuitCarbon, will next try RetrofitZero), Vrinda, Steve.
c. Vrinda asked about GHG inventory contract: Anand thinks it goes in front of council in September but will confirm.
10. Topics of Interest /Open Discussion
a. Steve, regarding outreach on CAP: Environmental education/outreach has failed in the past. Compared to neighboring towns, LAH has a disengaged community:
we have a silent majority in favor of environmental action but who are not engaged. The only engaged residents on these topics are deniers who shout down change. Staff can do outreach for contractors & architects, but they don't vote. Our council has strong backbones and can ignore deniers.
11. Agenda requests for next meeting
a. Sasha: Bush abatement. He can't get home insurance.
b. Outreach discussion
12. Next EIC meeting Sep 22, 2022 at 6:30pm
13. Adjournment at 8:23pm
DRAFT
TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING A PATHWAY EASEMENT AT 13830 PAGE MILL ROAD; LANDS OF ALTALUNE LLC; FILE #SD21-0098.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the granting of a pathway easement at 13830 Page Mill Road; the Lands of Altalune LLC.
BACKGROUND:
The subject property is a 5.03-acre lot located at the northeasterly corner of the Page Mill Road and Moon Lane intersection. A segment of Matadero Creek crosses the property near the Page Mill Road frontage. The property is relatively flat with an average slope of 11.45%, resulting in a Lot Unit Factor (LUF) of 4.838 and Maximum Development Area (MDA) of 69,939 square feet and Maximum Floor Area (MFA) of 28,677 square feet. An application for site development permit was submitted to the Town on November 4, 2021, and approved at the June 21, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of a pathway easement to the Town was required as a condition of approval for a new residence and associated improvements that was approved by the Site Development Committee on June 21, 2022 (File # SD21-0098), the hearing report is included as Attachment 2.
The easement area, which is 14,391 square feet in size, encompasses a 15-foot strip of land along the Moon Lane frontage and over an existing sanitary sewer easement as shown on Exhibit A of the grant document included in the Resolution (See Attachment 1). This easement would allow for the construction of a roadside path along Moon Lane and provide a buffer between the path and the Page Mill Road right-of-way. The pathway easement is pursuant to the General Plan Pathways Element Goals 1 and 2, included as attachment 3, and is consistent with the Town’s Master Path Plan.
ENVIRONMENTAL REVIEW:
The required open space easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA.
AGENDA ITEM #4.S
J.L.
P.P.
City Council Page 2
13830 Page Mill Road Grant of Pathway Easement
October 20, 2022
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The pathway easement dedication is consistent with the goals of the Town’s General Plan Pathways Element. The requirement for a pathway easement along the Moon Lane frontage is consistent with the Town’s Master Path Plan and would allow for the future construction of a roadside path. Staff recommends that the Council accept the granting of a pathway easement to the Town at 13830 Page Mill Road and along Moon Lane.
ATTACHMENTS
1. Resolution Accepting Grant of the Pathway Easement
2. June 21, 2022, Fast Track Hearing Report
3. General Plan Pathways Element Goal 1 and Goal 2
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING A GRANT OF PATHWAY EASEMENT
(LANDS OF ALTALUNE LLC)
WHEREAS, the Altalune LLC (“Owner”) owns the property commonly known as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08-011); and WHEREAS, the Town has adopted a General Plan and Master Path Plan and, pursuant thereto, may accept grants of pathway easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to grant a pathway easement attached to this Resolution as Attachment A (“Grant of Pathway Easement to the Town of Los Altos Hills”) to allow for the installation and maintenance of a future roadside path; and WHEREAS, the Town finds the Grant of Pathway Easement to be consistent with the Town’s General Plan Pathways Element and in the best interests of the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Grant of Pathway Easement is essentially unimproved and is wide enough to accommodate a future roadside pathway which is an asset to the Town and the surrounding area; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
GRANT OF PATHWAY EASEMENT
TO THE TOWN OF LOS ALTOS HILLS
(Lands of Altalune, LLC)
THIS GRANT OF EASEMENT is made this b~ day of( )1_ ojt_,,v1 .he< , 2022, by Altalune, LLC ("Owners"), the owners of the property located at 13~30 Page Mill Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town").
Section 1. Owners do hereby offer to grant to Town a perpetual right and nonexclusive easement for the construction, operation and maintenance of existing and future pathway and public access trail facilities, together with right of access thereto, on, under, over, along and through the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Easement").
Section 2. Owners shall not allow the placement or construction of any structures or improvements on the Easement property.
Section 3. The Town hereby accepts the grant of the Easement.
IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this grant of the Easement as follows:
OWNER:
¼horize Ag:.&ame
TOWN OF LOS ALTOS HILLS:
Date: ----- George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY oFS:rtrk.Claa:t. ~
O~r,1J;cr (.. , 20 2,.before me, ~PiJm h L /JJ.o/qn , Notary Public, perso ally appeared U 11 W Qfl! who proved to me
on the basis of satisfactory ev1 ence to be th person~ whose name'81 is/ai:® subscribed to the within instrument and acknowledged to me that »e/she/rhey executed the same in +r:ts/her/theit authorized capacity~, and that by-+l-i-Et/her/-tlrei"r signaturets+- on the instrument the person, or the entity upon behalf of which the person~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ~ (Seal)
············~ L ., '• DEiORAH L. PADOYAN
. > Notiry Public • California .
= Santa Clara CoL¥1ty !
' Commission# 2282419 -
My Comm. Expires Apr 19, 2023
Exhibits A
Legal Description of Pathway Easement
and Plat Accompanying Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
PATHWAY EASEMENT
13830 PAGE MILL ROAD,
LOS ALTOS HILLS, CALIFORNIA
An easement over certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Altalune, LLC as desc.ribed in that certain Grant Deed recorded in the office of the County Recorder of Santa Clara County on March 23, 2021 in Document No. 24887829, as shown on Exhibit "B" made a part hereof, said easement more particularly described as follows:
Beginning on the Southeast line of said lands coincident with the Northwesterly Right of Way line of Moon Lane (Private Road, 30 feet wide) as shown on that certain Parcel Map filed July 18, 1996 in Book 679 of Maps at Pages 41 through 44 in said office of the County Recorder of Santa Clara County, said point being distant North 70°47'07" East, 89.07 feet from the South comer of said laruis; thence North 59°55'43'' West 119.05 feet to the Northwest line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) as shown on last said parcel map; thence along said northwest line and easterly right of way line North 13°15'00" East 15.67 feet; thence leaving last said line, South 59°55'43" East 116.70 feet; thence along a line parallel with and 15 feet northwesterly, measured at right angles from said southeast line of said lands North 70° 4 7'07" East 836. 78 feet to the Northeast line of said lands; thence along last said line South 29°10'28" East 15.23 feet to the Southeast comer of said lands, said point being on said northwesterly right of way line of Moon Lane (Private Road, 30 feet wide); thence along said southeast line of said lands coincident with said northwesterly right of way line, South 70°4 7' 07" West, 846.30 feet to the Point of Begianing.
Containing 14,391 square feet more or less.
The bearings described are based on the Northwest line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) described in Document No. 24887829 as being North 13°15'00" East.
END OF DESCRIPTION
PREPARED BY OR UNDER THE SUPERVISION OF: f
N:\projects\2021_JOBS\2210769 SU\DWO\EASEMENTS\DWD & PCW PATH & MOON DED\07-26-22\EXHIB!T APATH.docx Page
1 of2
..... ···--··--•·• ··--------------- Page 457 of 802
THE BEARINGS SHOWN ARE BASED
ON THE EASTERLY RIGHT OF WAY
LINE OF PAGE MILL ROAD,
DOCUMENT NO. 24887829
SANTA CLARA COUNTY RECORDS.
DESCRIBED AS S1315'W
f;j'
pq
}:J ~. ~&
~~ tl:' "- w it Q)
.._
tt fl
~(E,
Os
l~~@~ @f ~lu~l~~~ ll~
@~ ~~@@o'@~®
lfJ)ffe\TIHIWAW
~~~~~!NIT
11~,~@11 ~@IFir +
"t-- ,•o1 --~• • • . P..V t · · · · · · •oi1 ,. '"v • . -• 1 •'-N)\..V S29i 0'28 .. E 15.23'
{S2918'W)(DEED)
1s.oo·\~.~ .. _ .. _..::,;,-,;···:. ~
~.J-~ ------
~ ~ 0
;:i {g ,-.,; ,- ::tit ;2l ..
/fl:[l
(;!,'
(/)
ls10·:{o
59•55•43•E
6 70• ' c:. ~.;..- ... ::~~~.:~~·:·· - · - i . ~--;,... - MOON LANE ~\ \
\
~~
POINT OF '<----- BEGINNING
A~:~~~- SAY AREA REGION SACRAMENTO REGION
2495 INDUSTRIAL PKWY l\£ST 3017 DOUGLAS Bl.W, I 300
HAYWARD, CAUFORNIA 94545 ROSEVILLE, CA 95661
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 {F) (916)797-7363
WWW.LEABRAZE.COM
ORA WN BY: PCW JOB# 2210769SU
PRIVATE ROAD, 30' WIDTH)
679 M 41-44 -~-
~ 0
'
50 100
~
200
I
SCALE: 1J' = 100'
EXHIBIT 'JIB1'
PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR
PATHWAY EASEMENT
13830 PAGE MILL ROAD
LOS ALTOS BILLS, CALIFORNIA
SHEET 2 OF 2 AUGUST 2022
Attachment 2
Town of Los Altos Hills June 21, 2022
Fast Track Hearing Report
Project Description: Site Development Permit for a new 8,613 square-foot two-story residence with a 2,213 square-foot basement, a detached 913 square-foot pool house, a 1,116 square-foot swimming pool, and 1,500 square feet of ground mounted solar panels.
File Number:
Address:
Owner(s):
Staff Planner:
Attendance:
SD21-0098
13830 Page Mill Road
Altalune LLC
Jeremy Loh, Associate Planner
Sofia Mangalam, Planning Director
Jeremy Loh, Associate Planner
Angie Wang, Property Owner
Catharine Fergus Garber, Project Architect
Allison Pell, Project Architect
Samuel Fischer, Project Architect
Teresa Brosius, Project Engineer
Jessica James, Project Landscape Architect
Vijay Chawla, Environmental Design and Protection Committee (EDPC) Carol Gottlieb, EDPC
Project Issues: Project is minimal in scope given size and average slope of the property and mostly single-story design. The existence of Matadero Creek requires the dedication of an Open space Easement over those portions of the property 25 feet from creek top-of-bank. The public works department is requiring additional right-of-way to be dedicated to create a 60-foot right-of-way on Page Mill Road and Moon Lane. Lighting plan does not conform to new lighting policy and lights shall be reduced at the garage doors and where deemed excessive.
Environmental Design and Protection Committee: EDPC concerned about visual impacts of the structure to southerly and easterly neighbors but pleased with the modest project scope and design.
Open Space Committee: Did not comment at the hearing but requests dedication of an Open Space Easement over those portions of the property 25 feet from creek top-of-bank.
Pathways Committee: Did not comment at the hearing but requests dedication of pathway easements along Page Mill Road and Moon Lane frontages. A 15-foot pathway easement shall be required over an existing sanitary sewer easement near Page Mill Road and a 15-foot pathway easement shall be required over the right-of-way dedication along Moon Lane.
Conditions of Approval:
• Standard conditions of approval;
• Project specific conditions:
•
•
•
•
•
No more than two light fixtures at garage doors
Work with staff to reduce unnecessary lighting consistent with Outdoor Lighting Policy Property owner shall dedicate an open space easement over those portions of the property within 25 feet ofMatadero Creek top-of-bank
Property owner shall dedicate a 15-foot pathway easement over existing 15-foot sanitary sewer easement
Property owner shall dedicate a 15-foot pathway easement along southerly property boundary between Matadero Creek and the easterly property line Planning Director Action:
File #SD21-0098 (Lands of Altalune LLC) was approved at the June 21, 2022 Fast Track Site Development Hearing subject to the attached conditions and a 21-day appeal period. 6 / 23 / 22
Sofia Mangalam, Planning Director Date
Project plans are available for review on the Public Meeting Resource page on the Town's website at https://www.losaltoshills.ca.gov/501/Public-Meeting-Resources.
For questions or additional information, contact project planner Jeremy Loh by phone at (650)- 947-2544 or by email at [email protected].
Attachment 3
Adopted September 19, 2019
Policy Ll
Policy 1.2
PolicyL3
Policy 1.4
Poli(;y 1.5
Policy 1.6
THE PATHWAYS SYSTEM
GOALl
Develop and mai11tain a safe, convenient pathway1:1 system that allows non-vehicular travel throughout Town, meets recreational needs ofresidents and provides regkmftl cp1111ecth)11s,
All .residents of the Town shall have the right to use and access pathways for safe a:nd conwnient pedestrian and other.no:n~vehiculartrave1 .along Town toads and to schools and community facilities1 and fQt rec1~eational enjoyment oftbe natural amenities of the community.
Pathways shall serve to provide access to and from neighborhoods in the event of ah etnergency.
Pathways shall be5eparated from the road~ay pavemeritwhetevet possible and :tnecl'nder where necessary to accommodate topography, trees and(a11dsca:ping.
All pathways shall be located and designed to preserve the beautyan:d natural character of the area and to safeguiud the user.
Exceptfot connections to regionaltrailand bikeway networks/fown pathways shall be designed primarily for local circulalion aml recreatim;utl use.
The Town shall maintain the pathways,: using.the Oertetal Fi1:i11.i.
The annual Pathways Run is apopu/arevent.
Pathways Element
Los Altos HUls General Plan
PageP-4
Resolution 61-19
Adopted September 19, 2019
ROADSIDE PATHS
GOAL2
Develop and maintain a system of roadside paths
adjacent to pulJlic and private streets.
Policy 2.1 Ro.adside paths shaJl be lqcated within or
immediately adjacent to the tight-of~way of
Town streets and on sepatate pathway
easements adjacent to·or over private streets.
Roadside paths shall be separated ftont the
roadway pavement by landscape buffering
and shall meander, where possible.
Policy 2.2 The Town CoµnciI shall adqpfalist of those
street$ or segment$ of th:ose streets that .shall
be planned for paths on both sides ofthe
street (The approved list is iitclu.ded i11
Appendix A.)
Ltindscl:lpit1g separates this path
from Fremont Road.
Policy 2.3 A roadside path shall be maintained on only one side ofthe street ttnless the stteet is included on the Hst adoptc1d pursuant to Policy 2,2. The pathmayhe located {)Jl alternating sides of the :street1 howevett depending on factors such as available easements, topography, or prmdtnityto schools brother facilities. If only one side of the street is in Lps Altos }tills, there shquld be a path on the side within the Town's corporate limits.
Policy 2.4 Typically, a roadside path shall not be maintained on a cul-de-sac that serves or could serve eight or fewer lots. However, a roadside path along a cul-de-sac may be required by the Planning Commission or City Council for topographic or safety reasons and shall be required where it would connect to an off-road path.
Policy 2.5 The Planning Commission or City Council may require that an easement separate from a private street be dedicated, or that a pathway easement over the paved roadway be granted (if feasible), when the width of a private street easement or right-of-way will not accommodate both the paved surface and a separate path.
Policy 2.6 Dedication of pathway easements outside of required road rights-of-way shall not affect the computation of the net area, LUF (lot unit factor), MDA (maximum development area) or MFA (maximum floor area) for a lot.
Pathways Element
Los Altos Hills General Plan
Page P-5
Resolution 61 -19 Pago6
TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING A PUBLIC SANITARY SEWER EASEMENT AT 13830 PAGE MILL ROAD; LANDS OF ALTALUNE LLC; FILE #SD21-0098.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the granting of a public sanitary sewer easement at 13830 Page Mill Road; the Lands of Altalune LLC.
BACKGROUND:
The subject property is a 5.03-acre lot located at the northeasterly corner of the Page Mill Road and Moon Lane intersection. A segment of Matadero Creek crosses the property near the Page Mill Road frontage. The property is relatively flat with an average slope of 11.45%, resulting in a Lot Unit Factor (LUF) of 4.838 and Maximum Development Area (MDA) of 69,939 square feet and Maximum Floor Area (MFA) of 28,677 square feet. An application for site development permit was submitted to the Town on November 4, 2021, and approved at the June 21, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of a sanitary sewer easement to the Town was required as a condition of approval of the Public Works Department for a new residence and associated improvements that was approved by the Site Development Committee on November 9, 2021 (File # SD21-0098), the hearing report is included as Attachment 2. The easement area, which is 595 square feet in size, is required to encompass existing sanitary sewer improvements, which were not constructed within a sanitary sewer easement or public utility easement, as shown on Exhibit A of the grant document included in the Resolution (See Attachment 1).
ENVIRONMENTAL REVIEW:
The required open space easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA.
AGENDA ITEM #4.T
J.L.
P.P.
City Council Page 2
13830 Page Mill Road Public Sanitary Sewer Easement
October 20, 2022
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500 to cover staff and consultant time.
The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time.
The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The public sanitary sewer easement dedication is consistent with Chapter 4 of Title 6 of the Los Altos Hills Municipal Code, which regulates sewage. The requirement for additional public sanitary sewer easement would allow for maintenance of the public sanitary sewer consistent with all other sanitary sewers within the Town. Staff recommends that the Council accepts the granting of the public sanitary sewer easement to the Town at 13830 Page Mill Road.
ATTACHMENTS
1. Resolution Accepting Grant of the Open Space Easement
2. June 21, 2022, Fast Track Hearing Report
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING A GRANT OF PUBLIC SANITARY SEWER EASEMENT
(LANDS OF ALTALUNE LLC)
WHEREAS, the Altalune LLC (“Owner”) owns the property commonly known as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08-011); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of public sanitary sewer easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to grant a public sanitary sewer easement attached to this Resolution as Attachment A (“Grant of Public Sanitary Sewer Easement”) to allow for the installation and maintenance of public sanitary sewer lines therein; and WHEREAS, the Town finds the Grant of Public Sanitary Sewer Easement to be in the best interests of the Town; and
WHEREAS, the Owner and the Town recognize that the land subject to the Grant of Sanitary Sewer Easement contains existing public sanitary sewer improvements that are currently in use and are an asset to the Town and surrounding sewer users; and
WHEREAS, the grant document contains the appropriate restrictions and covenants to preserve the existing improvements from future development; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Public Sanitary Sewer Easement attached to this Resolution as Attachment A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING AN OPEN SPACE EASEMENT AT 13830 PAGE MILL ROAD; LANDS OF ALTALUNE LLC; FILE #SD21-0098.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the granting of an open space easement at 13830 Page Mill Road; the Lands of Altalune LLC.
BACKGROUND:
The subject property is a 5.03-acre lot located at the northeasterly corner of the Page Mill Road and Moon Lane intersection. A segment of Matadero Creek crosses the property near the Page Mill Road frontage. The property is relatively flat with an average slope of 11.45%, resulting in a Lot Unit Factor (LUF) of 4.838 and Maximum Development Area (MDA) of 69,939 square feet and Maximum Floor Area (MFA) of 28,677 square feet. An application for site development permit was submitted to the Town on November 4, 2021, and approved at the June 21, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of an open space easement was required as a condition of approval for a new residence and associated improvements that was approved by the Site Development Committee at the Fast Track public hearing on June 21, 2022 (File # SD21-0098), the hearing report is included as Attachment 2. The easement area, which is 26,868 square feet in size, includes all portions of the property within 25 feet of Matadero Creek’s top-of-bank as described in Exhibit A of the open space agreement included in the Resolution (See Attachment 1). The dedication is pursuant to General Plan Conservation Element Policy 1.3, included as attachment 3, which states, “Preserve the integrity of riparian corridors as unique and environmentally sensitive resources.” ENVIRONMENTAL REVIEW:
The required open space easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA.
AGENDA ITEM #4.U
J.L.
P.P.
City Council Page 2
13830 Page Mill Road Open Space Easement Agreement
October 20, 2022
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500 to cover staff and consultant time.
The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time.
The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The open space easement dedication is consistent with the goals of the Town’s General Plan Conservation Element. The requirement for an open space easement over those portions of property within 25 feet of creeks’ tops-of-bank is consistent with prior site development permit approvals. Staff recommends that the Council accept the open space easement agreement granting an open space easement to the Town at 13830 Page Mill Road.
ATTACHMENTS
1. Resolution Accepting Grant of the Open Space Easement
2. June 21, 2022, Fast Track Hearing Report
3. General Plan Conservation Element Goal 1/Policy 1.3
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF ALTALUNE LLC)
WHEREAS, the Altalune LLC (“Owner”) owns the property commonly known as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08-011); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383 ·
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This J\greement J? Open S,kce Easement ("Agreement") is made and entered into this b7"' day of. otim r , 2022, by Altalune LLC ("Owners"), the owners of the property located1at 13830 Page Mill Road, and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town").
RECITALS
A. Owners own that certain real property in the Town of Los Altos Hills commonly lrnown as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08- 011).
B. Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town.
C. Town finds this open space easement to be consistent with the Town's General Plan and in the best interests of the Town.
D. Owner and Town desire to limit the use of a portion of the property more particularly described in Exhibit A attached hereto, by dedication of an open space easement in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion, recognizing that such land is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and to Owner.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:
1. Grant of Open Space Easement. Owner, as grantor, hereby grants an open space easement to the Town of Los Altos Hills, a municipal corporation in the County of Santa Clara, State of California, over the real property described and shown as Exhibit A, (the "Property"), to have and to hold said open space easement for the term and for the purposes and subject to the conditions, covenants, and exceptions described herein.
2. Statutory Authorization. This Agreement and grant of open space easement are made and entered into pursuant to Chapter 6.6 commencing with Section 51070 of Part 1, Division 1, Title 5 of the Government Code. This Agreement is subject to all of the provisions of said sections and chapters including any amendments thereto which may hereafter be enacted.
3. Restriction on Use of Property. During the term of this Agreement and the open space easement granted herein, the Property shall not be used for any purpose other than an open space easement and those uses related to or compatible therewith. Owner, for the direct benefit of the Property described herein, hereby declares that the Property shall be subject to restrictive covenants running with the land which shall be binding upon all subsequent grantees. Said restrictive covenants shall be:
a. against the right of Owner to construct any improvements on or within the Property except for public and private utilities ( excluding solar panels), paths dedicated to the Town, approved drainage installations, sanitary sewer installations or an approved septic system, existing driveway(s), existing bridge, and maintenance of these improvements, provided these reserved exceptions shall be consistent with the purposes of maintaining and preserving the natural or scenic character of the land; and b. against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land; and c. against the grading of land for reasons other than attendant to permitted uses including but not limited to drainage improvements and underground utilities; and
d. against the cutting of vegetation, except as may be required for fire prevention, thinning, elimination of diseased growth, removal of invasive or non-native species and similar measures; and
e. against any plantings other than native vegetation; and f. against the erection of structures other than any improvements authorized by Paragraph 3(a) herein.
· 4. Exceptions. The City Council of the Town may authorize exceptions to the foregoing restrictive covenants, provided such exceptions are consistent with the purposes of law and not incompatible with maintaining and preserving the natural character of the land.
5. Restrictions on Public Use. The public shall not have a right of entry upon the Property. The right of entry and surface use is limited solely to the Town, but only for the purpose of inspection of condition of the Property.
6. Term of Agreement. This open space easement and Agreement shall be effective on the date of recordation of this Agreement and shall remain in effect in perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094 or any successor legislation.
7. Successors in Interest. This Agreement and the open space easement shall run with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto do hereby execute this agreement.
OWNER:
Date: q I 6 I :LoeJ.&- 2021
-------'
Authorized Agent Name
TOWN OF LOS ALTOS HILLS:
Date: 2021 ------~
George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY oF.SWA Cbnt.
)
)
)
on&!~ tl1/ (., , 2022, before ~ h L. /6.do.tct YJ , Notary Public, person llyappeared 'u f\ who proved to me
on the basis of satisfactory 1dence to be... person~whose name~i-efare subscribed to the within instrument and acknowledged to me that 1'1:ehhe/!hey executed the same in msiher/theit authorized capacity~sl. and that by hi-s.J.her/the:rr signature~)..,.on the instrument the person, or the entity upon behalf of which the personts-~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ~~ (Seal) ········1 DEBORAH L. PADOVAN
Notary Public • California z
Santil Clara County il=
Commission# 2282419 ~
My Comm. Expires Apr 19, 2023
Exhibit A
Legal Description of Open Space Easement Property
and Plat Accompanying Description
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
13830 PAGE MILL ROAD,
LOS ALTOS HILLS, CALIFORNIA
An easement over certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Altalune, LLC as described in that certain Grant Deed recorded in the office of the County Recorder of Santa Clara County on March 23, 2021 in Document No. 24887829, as shown on Exhibit "B" made a part hereof, said easement more particularly described as follows:
Beginning on the Southeast line of said lands coincident with the Northwesterly Right of Way line ofMoon Lane (Private Road, 30 feet wide) as shown on that ce.rtain Parcel Map filed July 18, 1996 in Book 649 of Maps at Pages 41 through 44 in said office of the County Recorder of Santa Clara County, said point being distant North 70°471
07" East, 103.75 feet from the South corner of said
lands;
Thence leaving last said line along the following three (3) courses:
1) North 55°24'49" West, 48.52 feet
2) North 38°48'19" West, 59.13 feet
3) South 80°48'00" West, 37.35 feet to the Westerly lh1e of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) as shown on last said parcel map;
Thence along last said westerly line coincident with said easterly right of way line North 13° 15 '00" East, 231.54 feet to the Nmthwest corner ofsaid :lands; Thence leaving last said line along the North Hue of said lands North 78°17'00" East, 64.39 feet; Thence leaving last said line along the following eight (8) courses:
1) South 03°35'58" East, 37.62 feet
2) South 08°20'26" West, 45.73 feet
3) South 29°51 '37" West, 59.87 feet
4) South 04°18'56" East, 16.84 feet
5) South 31 °34'38" East, 36.18 feet
6) South 48°14'48" East, 69.54 feet
7) South 70°24'14" East, 57.07 feet
8) South 19°25'16" East, 24.14 feet to said southeast line of said lands coincident with said northwest right of way line of Moon Lane (Private Road, 3 0 feet wide); Thence along last said southeast line coincident with said northwest right of way line South 70°4710711 West, 108.06 feet to the Point of Beginning.
Containing 26,868 square feet, more or less.
The bearings described are based on the Notthwest line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) described in Document No. 24887829 as being North 13°15100" East.
PATRICK C. WEBER, LS 8162
N:\projects\2021_JOBS\22 l0769 SU\DWG\EASEMENTS\OSE\07-26-22\EXR A OSE rev2.docx
sao•4s'oo"w
37.35'
A:~
BAY AREA REGION
~N~~ SACRAMENTO ~~~-REGION
2495 INDUSlRIAL PKWY WEST 3017 DOUGLAS BLVD, # 300
HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661
(P) (510) 887-4086 (P) (916)966-1338
(F) (510) 887-3019 (F} (916)797-7363
WWW.LEABRAZE.COM
DRAWN BY: PCW 2210769SU
soy35•5a"E
37.62'
IL~~[Q)~ ©IF
~lL u ~ILllJJ~I~ lLIL©
©~ ~~@@'W~~®
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR
OPEN SPACE EASEMENT
13830 PAGE MILL ROAD
LOS ALTOS HILLS, CALIFORNIA
100
!
PAGE 2 OF 2 AUGUST 2022
CLOSURE CALCULATION
OPEN SPACE EASEMENT
JN:2210769
North: 3333.8617' East: 8425.8547'
Segment #1 : Line
Course: N55° 24' 49"W Length: 48.52'
North: 3361.4040' East: 8385.9096'
Segment #2 : Line
Course: N38" 48' 19"W Length: 59.13'
North: 3407.4829' East: 8348.8543'
Segment #3 : Line
Course: S80° 48' OO"W Length: 37.35'
North: 3401.5113' East: 8311.9848'
Segment #4 : Line
Course: N13° 15' OO"E Length: 231.54'
North: 3626.8875' East: 8365.0538'
Segment #5 : Line
Course: N78° 17' OO"E Length: 64.39'
North: 3639.9634' East: 8428.1022'
Segment #6 : Line
Course: S03° 35' 58"E Length: 37.62'
North: 3602.4176' East: 8430.4640'
Segment #7 : Line
Course: S08° 20' 26"W Length: 45.73'
North: 3557.1712' East: 8423.8305'
Segment #8 : Line
Course: S29° 51' 37"W Length: 59.87'
North: 3505.2494' East: 8394.0221'
Segment #9 : Line
Course: S04° 18' 56"E Length: 16.84'
North: 3488.4572' East: 8395.2893'
Segment #10 : Line
Course: S31° 34' 38"E Length: 36.1$'
North: 3457.6342' East: 8414.2348'
Segment #11 : Line
Course: S48° 14' 48"E Length: 69.54'
North: 3411.3257' East: 8466.1130'
Segment #12 : Line
Course: S70° 24' 14"E Length: 57.07'
North: 3392.1852' East: 8519.8775'
Segment #13 : Line
Course: S19° 25' 16"E Length: 24.14'
North: 3369.4187' East: 8527.9042'
Segment #14 : Line
Course: S70° 47' 07"W Length: 108.06'
North: 3333.8552' East: 8425.8641'
Perimeter: 895.96' Area: 26868.13 Sq. Ft.
Error Closure: 0.0114 Course: S54° 55'
51"E
Error North: -0.00655 East: 0.00933
Precision 1: 78594.74
Attachment 2
Town of Los Altos Hills June 21, 2022
Fast Track Hearing Report
Project Description: Site Development Permit for a new 8,613 square-foot two-story residence with a 2,213 square-foot basement, a detached 913 square-foot pool house, a 1,116 square-foot swimming pool, and 1,500 square feet of ground mounted solar panels.
File Number:
Address:
Owner(s):
Staff Planner:
Attendance:
SD21-0098
13830 Page Mill Road
Altalune LLC
Jeremy Loh, Associate Planner
Sofia Mangalam, Planning Director
Jeremy Loh, Associate Planner
Angie Wang, Property Owner
Catharine Fergus Garber, Project Architect
Allison Pell, Project Architect
Samuel Fischer, Project Architect
Teresa Brosius, Project Engineer
Jessica James, Project Landscape Architect
Vijay Chawla, Environmental Design and Protection Committee (EDPC) Carol Gottlieb, EDPC
Project Issues: Project is minimal in scope given size and average slope of the property and mostly single-story design. The existence of Matadero Creek requires the dedication of an Open space Easement over those portions of the property 25 feet from creek top-of-bank. The public works department is requiring additional right-of-way to be dedicated to create a 60-foot right-of-way on Page Mill Road and Moon Lane. Lighting plan does not conform to new lighting policy and lights shall be reduced at the garage doors and where deemed excessive.
Environmental Design and Protection Committee: EDPC concerned about visual impacts of the structure to southerly and easterly neighbors but pleased with the modest project scope and design.
Open Space Committee: Did not comment at the hearing but requests dedication of an Open Space Easement over those portions of the property 25 feet from creek top-of-bank.
Pathways Committee: Did not comment at the hearing but requests dedication of pathway easements along Page Mill Road and Moon Lane frontages. A 15-foot pathway easement shall be required over an existing sanitary sewer easement near Page Mill Road and a 15-foot pathway easement shall be required over the right-of-way dedication along Moon Lane.
Conditions of Approval:
• Standard conditions of approval;
• Project specific conditions:
• No more than two light fixtures at garage doors
• Work with staff to reduce unnecessary lighting consistent with Outdoor Lighting Policy • Property owner shall dedicate an open space easement over those portions of the property within 25 feet of Matadero Creek top-of-bank
• Property owner shall dedicate a 15-foot pathway easement over existing 15-foot sanitary sewer easement
• Property owner shall dedicate a 15-foot pathway easement along southerly property boundary between Matadero Creek and the easterly property line Planning Director Action:
File #SD2 l-0098 (Lands of Altalune LLC) was approved at the June 21, 2022 Fast Track Site Development Hearing subject to the attached conditions and a 21-day appeal period. 6 / 23 / 22
Sofia Mangalam, Planning Director Date
Project plans are available for review on the Public Meeting Resource page on the Town's website at https:/ /www .losaltoshills.ca. gov/ 50 I/Public-Meeting-Resources.
For questions or additional information, contact project planner Jeremy Loh by phone at (650)- 947-2544 or by email at [email protected].
Attachment 3
Adopted April 26, 2007
CREEKS AND RIPARIAN CORRIDORS
305. Creeks and their associated riparian corridors are important public assets that provide unique ecological, aesthetic, and recreational values to the community. The Los Altos Hills stream system contains some of the most intact and valuable riparian habitat in the San Francisco Bay region. Many miles of streams and their tributaries flow through the Los Altos Hills Planning Area, including unnamed watercourses and the following named creeks:
• Adobe Creek
• Barron Creek
• Deercreek
• DryCreek
• HaleCreek
• Loyola Creek
• Magdalena Creek
• Matadero Creek
• Purissima Creek
• Pennanente Creek
• Robleda Creek
• Summerhill Creek Adobe Creek
306. Creeks and riparian areas are critically important as wildlife habitat and migratory corridors. Many of the Town's riparian areas are contiguous with riparian areas in larger adjacent open space preserves such as Rancho San Antonio, Los Trancos, and Arastradero, which significantly increases their ecological value. Riparian areas also are essential in maintaining creek stability and water quality. Healthy riparian vegetation aqjacent to watercourses stabilizes steambanks, absorbs water, and filters pollutants.
Creeks and riparian corridors also provide significant aesthetic and recreational values.
Many of the stream canyons are essential links in the Town's pathway system. 307. The presence of invasive, non-native plant species (e.g., Italian thistle, pampas grass, and arundo) in riparian corridors has an adverse effect on native vegetation and reduces the hydrologic function and wildlife value. Timely removal of invasive species will preserve the quality and function of riparian areas and avoid much more expensive restoration expenses in the future.
308. Owners of property intersected by creeks and riparian corridors are faced with a confusing array of requirements and restrictions by various agencies. A clear set of guidelines and standards for riparian corridors would make the planning process more objective and ensure that General Plan goals and policies are carried out.
Conservation Element
Los Altos Hills General Plan
Page2
Adopted April 26, 2007
GOALl
Conserve creeks and riparian areas as open space amenities and natural habitat areas.
Policy 1.1
Policy 1.2
Policy 1.3
Program 1.1
Program 1.2
Program 1.3
Program 1.4
A void fencing, piping, and channelization of creeks when flood control and public safety can be achieved through measures that preserve the natural environment and habitat of the creek.
Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies.
Preserve the integrity of riparian corridors as unique and environmentally sensitive resources.
Continue to require that structures be set back at least 25 feet from the top of creek banks. To ensure adequate protection of these valuable resources, review the 25-foot setback and consider expanding it to the driplines of mature oak trees within the setback.
Continue to require open space easements along creeks and riparian corridors to ensure that these areas remain in their natural condition.
Continue to comply with the requirements of CEQA (California Environmental Quality Act) for proposed development that might impact creeks and riparian corridors. Other relevant local, state and federal agencies including the Santa Clara Valley Water District, the Regional Water Quality Control Board, the California Department of Fish and Game, and the U.S. Army Corps of Engineers are consulted as appropriate.
Develop a comprehensive riparian policy that compiles and clarifies all relevant requirements for affected property owners.
Conservation Element
Los Altos Hills General Plan
TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING RIGHT-OF-WAY DEDICATION AT 13830 PAGE MILL ROAD ALONG THE PAGE MILL ROAD FRONTAGE; LANDS OF ALTALUNE LLC; FILE #SD21-0098.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) acknowledging the irrevocable offer for right-of-way dedication at 13830 Page Mill Road along the Page Mill Road frontage; the Lands of Altalune LLC.
BACKGROUND:
The subject property is a 5.03-acre lot located at the northeasterly corner of the Page Mill Road and Moon Lane intersection. A segment of Matadero Creek crosses the property near the Page Mill Road frontage. The property is relatively flat with an average slope of 11.45%, resulting in a Lot Unit Factor (LUF) of 4.838 and Maximum Development Area (MDA) of 69,939 square feet and Maximum Floor Area (MFA) of 28,677 square feet. An application for site development permit was submitted to the Town on November 4, 2021, and approved at the June 21, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of additional right-of-way to the Town was required as a condition of approval by the Public Works Department for a new residence and associated improvements that was approved by the Site Development Committee on June 21, 2022 (File # SD21-0098), the hearing report is included as Attachment 2. The right-of-way dedication area, which is 612 square feet in size, encompasses an area of land of varying width on the subject property along the Page Mill Road frontage as shown on Exhibit A of the grant document included in the Resolution (See Attachment 1). The right-of-way dedication is required to create a 30-foot half width for the Page Mill Road right-of-way.
ENVIRONMENTAL REVIEW:
The required open space easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA.
AGENDA ITEM #4.V
J.L.
P.P.
City Council Page 2
13830 Page Mill Road Offer of Right-of-Way Dedication
October 20, 2022
2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500 to cover staff and consultant time.
The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time.
The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The right-of-way dedication is consistent with the goals of the Town’s General Plan Conservation Element. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width for a 60-foot right-of-way is consistent with previous site development permit approvals. Staff recommends that the Council accepts the right-of-way dedication to the Town at 13830 Page Mill Road and along Page Mill Road.
ATTACHMENTS
1. Resolution Accepting Right-of-Way Dedication
2. June 21, 2022, Fast Track Hearing Report
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING AN OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION
(LANDS OF ALTALUNE LLC)
WHEREAS, the Altalune LLC (“Owner”) owns the property commonly known as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08-011); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional right-of-way to the Town attached to this Resolution as Attachment A (“Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the general public and the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Offer of Right-of-Way Easement Dedication is adjacent to an existing public right-of-way and is necessary to create a 30- foot half width for the 60-foot right-of-way and is an asset to the Town and the Owner; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Offer of Right-ofWay Easement Dedication attached to this Resolution as Attachment A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
OFFER OF RIGHT-OF-WAY EASEMENT DEDICATION
· TO THE TOWN OF LOS ALTOS HILLS
(Lands of Altalune, LLC)
THIS DEDICATION is made this ~ day ofJ) /21:lt>'I bt/, 2022, by Altalune, LLC ("Owners"), the owners of the property located at 138!0 Page Mill Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town").
Section 1. Owners do hereby offer to dedicate to Town an easement for street right of way purposes and incidents thereto that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication").
Section 2. The Town hereby accepts this Dedication.
IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows:
OWNER:
Authorize Agent Name
TOWN OF LOS ALTOS HILLS:
Date: ----- George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF~,rkC,la~ j
on&pm bi-I' (.. , 20 2, Jiefore 'J"T, A-l:na A L /6.do.t.,,,a , Notary Public, person lly appeared vff'\ W Q . who proved to me
on the basis of satisfactory evi nee to be th personCs,Ywhose name~ is/a-F&-Subscribed to the within instrument and acknowledged to me that :Jie-fshe/i;key executed the same in -his/her/then-- authorized capacity(~ and that by +ltB-!her/-1:hetP- signature~on the instrument the person, or the entity upon behalf of which the person~~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ~--===-' (S~al) , , DEBORAH L. PADOVAN f ~ Notary Public - California i · Santa Clara CoU11ty ! ' Commission It 2282419 -
My Comm. Expires Apr 19, 2023
Exhibit A
Legal Description for Street Dedication
and Plat Accompanying Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY EASEMENT DEDICATION
13830 PAGE MILL ROAD,
LOS ALTOS IDLLS, CALIFORNIA
An easement over certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Alta:tune, LLC as described in that certain Grant Deed recorded in the office of the County Recorder of Santa Clara County on March 23, 2021 in Document No. 24887829, as shown on Exhibit "B" made a part hereof, said easement more particularly described as follows:
Beginning at the South corner of said lands;
Thence along the general West line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) as shown on that certain map of "Tract No. 6604" filed August 27, 1979 in Book 448 of Maps at Pages 30 through 34 in said office of the County Recorder of Santa Clara County the following two (2) courses:
1) N 01ih 41°35 '00" West, 4 7.4 7 feet to the West corner of said lands 2) North 13°15'00" East, 24.89 feet.
Thence leaving last said line, southeasterly along the arc of curve to the left, 60.00 feet easterly and concentric with the Westerly Right of Way line of said Page Mill Road (width varies) to which a radial bears South 70°34'1511 West, with a radius of 170.00 feet, through a central angle of 22°27'30", an arc distance of 66.64 feet to the Southeast line of said lands coincident with the Northwesterly Right of Way line of Moon Lane (Private Road, 30 feet wide) as shown on that certain Parcel Map filed July 18, 1996 in Book 649 of Maps at Pages 41 through 44 in said office of the County Recorder of Santa Clara County;
Thence along last said southeast line and said northwesterly right of way line South 70°47'07" West, 8.43 feet to the Point of Beginning.
Containing 612 square feet, more or less.
The bearings described are based on the Northwest line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) described in Document No. 24887829 as being North 13 ° 15 '00" East.
END OF DESCRIPTION
PREPARED BY OR UNDER THE SUPERVISION OF:
N:\projects\202l_JOBS\2210769 SU\DWG\EASEMENTS\ROW DED\EXHIBIT A ROW-DED-rev2.docx Page
1 of2
THE BEARINGS SHOWN ARE
BASED ON THE EASTERLY RIGHT
OF WAY LINE OF PAGE MILL
ROAD, DOCUMENT NO. 24887829
SANTA CLARA COUNTY RECORDS,
DESCRIBED AS S13i 5'W
0 10 20 40
! ,~~I
SCALE: 1" = 20'
\
A~:~~::=~·
BAY AREA REGION SACRAMENTO REGION
2~95 INDUSTRIAL PKWY WES1i 3017 DOUGLAS BLvtl, # 300
HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661
CP) (510) 887-4086 (P) (916)966.-1338
(F} (5110) 887-30191 (F) (9116)797-7363
WWW.LEABRAZE.COM
DRAWN BY: PCW 2210769SU
[L~[M[Q)~ @[F
~[L 1' ~[Ll1JJ!M~ [L[L(f,;
@~ ~~$®1®~®
GROSS AREA
4.99 ACRES±.
NET AREA
4. 98 ACRES±.
~U@[HJ1f' ©IF W /A YI
IEIA~!E[ij]!EfM1f'
IC>~IQ)llCffe\ 1f'~@fM
®iJ~ ~@afif a+
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR RI.GHT OF WAY
EASEMENT DEDICATION
13830 PAGE: MILL ROAD
LOS ALTOS HILLS, CALIFORNIA
PAGE 2 OF 2 AUGUST 2022
Attachment 2
Town of Los Altos Hills June 21, 2022
Fast Track Hearing Report
Project Description: Site Development Permit for a new 8,613 square-foot two-story residence with a 2,213 square-foot basement, a detached 91-3 square-foot pool house, a 1,116 square-foot swimming pool, and 1,500 square feet of ground mounted solar panels.
File Number:
Address:
Owner(s):
Staff Planner:
Attendance:
SD21-0098
13830 Page Mill Road
Altalune LLC
Jeremy Loh, Associate Planner
Sofia Mangalam, Planning Director
Jeremy Loh, Associate Planner
Angie Wang, Property Owner
Catharine Fergus Garber, Project Architect
Allison Pell, Project Architect
Samuel Fischer, Project Architect
Teresa Brosius, Project Engineer
Jessica James, Project Landscape Architect
Vijay Chawla, Environmental Design and Protection Committee (EDPC) Carol Gottlieb, EDPC
Project Issues: Project is minimal in scope given size and average slope of the property and mostly single-story design. The existence of Matade:i;o Creek requires the dedication of an Open space Easement over those portions of the property 25 feet from creek top-of-bank. The public works department is requiring additional right-of-way to be dedicated to create a 60-foot right-of-way on Page Mill Road and Moon Lane. Lighting plan does not conform to new lighting policy and lights shall be reduced at the garage doors and where deemed excessive.
Environmental Design and Protection Committee: EDPC concerned about visual impacts of the structure to southerly and easterly neighbors but pleased with the modest project scope and design.
Open Space Committee: Did not comment at the hearing but requests dedication of an Open Space Easement over those portions of the property 25 feet from creek top-of-bank.
Pathways Committee: Did not comment at the hearing but requests dedication of pathway easements along Page Mill Road and Moon Lane frontages. A 15-foot pathway easement shall be required over an existing sanitary sewer easement near Page Mill Road and a 15-foot pathway easement shall be required over the right-of-way dedication along Moon Lane.
Conditions of Approval:
• Standard conditions of approval;
• Project specific conditions:
• No more than two light fixtures at garage doors
• Work with staff to reduce unnecessary lighting consistent with Outdoor Lighting Policy • Property owner shall dedicate an open space easement over those portions of the property within 25 feet ofMatadero Creek top-of-bank
• Property owner shall dedicate a 15-foot pathway easement over existing 15-foot sanitary sewer easement
• Property owner shall dedicate a 15-foot pathway easement along southerly property boundary between Matadero Creek and the easterly property line Planning Director Action:
File #SD21-0098 (Lands of Altalune LLC) was approved at the June 21, 2022 Fast Track Site Development Hearing subject to the attached conditions and a 21-day appeal period. 6 I 23122
Sofia Mangalam, Planning Director Date
Project plans are available for review on the Public Meeting Resource page on the Town's website at https :/ /www.losaltoshills.ca. gov/ 50 I/Public-Meeting-Resources.
For questions or additional information, contact project planner Jeremy Loh by phone at (650)- 947-2544 or by email [email protected].
TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ACKNOWLEDGING AN IRREVOCABLE OFFER OF RIGHTOF-WAY DEDICATION AT 13830 PAGE MILL ROAD ALONG THE MOON LANE FRONTAGE; LANDS OF ALTALUNE LLC; FILE #SD21-0098.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) acknowledging the irrevocable offer of right-of-way dedication at 13830 Page Mill Road along the Page Mill Road frontage; the Lands of Altalune LLC.
BACKGROUND:
The subject property is a 5.03-acre lot located at the northeasterly corner of the Page Mill Road and Moon Lane intersection. A segment of Matadero Creek crosses the property near the Page Mill Road frontage. The property is relatively flat with an average slope of 11.45%, resulting in a Lot Unit Factor (LUF) of 4.838 and Maximum Development Area (MDA) of 69,939 square feet and Maximum Floor Area (MFA) of 28,677 square feet. An application for site development permit was submitted to the Town on November 4, 2021, and approved at the June 21, 2022, Fast Track public hearing.
DISCUSSION:
The dedication of additional right-of-way to the Town was required as a condition of approval by the Public Works Department for a new residence and associated improvements that was approved by the Site Development Committee at the Fast Track public hearing on June 21, 2022 (File # SD21-0098), the hearing report is included as Attachment 2. The right-of-way dedication area, which is 13,927 square feet in size, encompasses a 15-foot strip of land on the subject property along the Moon Lane frontage as shown on Exhibit A of the grant document included in the Resolution (See Attachment 1). The right-of-way dedication is required to create a 30-foot half width for the Moon Lane right-of-way which should eventually form a 60-foot right-of-way. The Town does not need to immediately accept the offered right-of-way until all segments of Moon Lane are dedicated to the Town as Moon Lane is currently a private road as designated in the Los Altos Hills Municipal Code Section 4-3.1101.
AGENDA ITEM #4.W
J.L.
P.P.
City Council Page 2
13830 Page Mill Road Irrevocable Offer of Right-of-Way
October 20, 2022
ENVIRONMENTAL REVIEW:
The required open space easement dedication qualifies for the common sense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2022 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2022 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500 to cover staff and consultant time.
The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time.
The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The right-of-way dedication is consistent with the goals of the Town’s General Plan Circulation Element. The requirement for additional right-of-way over those portions of property to create a 30-foot half-width of an eventual 60-foot right-of-way is consistent with previous site development permit approvals. However, the Town does not need to accept the irrevocable offer of dedication at this time until all other segments along Moon Lane are dedicated. Acceptance of this dedication without the other segments could lead to inconsistent maintenance and not enough right-of-way for widening or re-alignment of Moon Lane, if necessary. Staff recommends that the Council acknowledge the irrevocable offer dedicating additional right-of-way to the Town at 13830 Page Mill Road and along Moon Lane.
ATTACHMENTS
1. Resolution Acknowledging Irrevocable Offer of Right-of-Way Dedication
2. June 21, 2022, Fast Track Hearing Report
3. LAH Municipal Code § 4-3.1101
Resolution ____-22 Page 1
RESOLUTION ____-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACKNOWLEDGING AN IRREVOCABLE OFFER OF RIGHT-OF-WAY EASEMENT
DEDICATION
(LANDS OF ALTALUNE LLC)
WHEREAS, the Altalune LLC (“Owner”) owns the property commonly known as 13830 Page Mill Road, Los Altos Hills, California (APN 182-08-011); and WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept offers of rightof-way easement dedications on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to dedicate additional right-of-way to the Town attached to this Resolution as Attachment A (“Irrevocable Offer of Right-of-Way Easement Dedication”) for street right-of-way purposes and incidents thereto; and
WHEREAS, the Town finds the Irrevocable Offer of Right-of-Way Easement Dedication to be consistent with the Town’s General Plan and in the best interests of the general public and the Town; and
WHEREAS, the Town finds that Moon Lane is a private right-of-way and acceptance of only a section of right-of-way dedication is not necessary until such time that all remaining sections have been offered to the Town; and
WHEREAS, the Owner and the Town recognize that the land subject to the Irrevocable Offer of Right-of-Way Easement Dedication is adjacent to an existing private right-of-way and is necessary to create a 30-foot half width for an eventual 60-foot right-of-way and is an asset to the Town and the Owner; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby acknowledge on behalf of the public, and for the purposes therein described, the Irrevocable Offer of Right-of-Way Easement Dedication attached to this Resolution as Attachment A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
263 79 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
IRREVOCABLE OFFER OF RIGHT-OF-WAY DEDICATION
TO THE TOWN OF LOS ALTOS HILLS
(Lands of Altalune, LLC)
n IRREVOCABLE OFFER OF DEDICATION is made this fo-J1-.. day of J l '/11 r , 2022, by Altalune, LLC ("Owners"), the owners of the property located at 13 30 Page Mill Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town").
Section 1. Owners do hereby offer to dedicate to Town for street purposes that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication").
Section 2. The Town hereby rejects this offer of Dedication.
IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby rejected this offer of Dedication as follows:
OWNER:
Date: q I b / ~J.;;.
Authorize Agent Name
TOWN OF LOS ALTOS HILLS:
Date: ----- George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF._Qi,rkC/at'?L ~
o~J« (o,2 22,,before ,hbcJl7fh L/?~ ,Notm:yPublic,
perso Uy appeared . IA 0/ who proved to me
on the basis of satisfactory e ·aence to be the erso~whose name~sfis/aff subscribed to the within instrument and acknowledged to me that ae/she/~ executed the same in tttS'/her/hir authorized capacity~ and that by h-i:Bfher/ileir signature~ on the instrument the person, or the entity upon behalf of which the personW, acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (j)JjJt:).Pad= (Seal)
1············ DEBORAH L. PADOVAN l _ Notary Public - California i • Santa Clara Col.lllty j •. •:, Commission# 2282419 • '"0 My Comm. Expires Apr 19, 2023
Exhibit A
Legal Description for Street Dedication
and Plat Accompanying Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY EASEMENT DEDICATION
13830 PAGE MILL ROAD,
LOS ALTOS HILLS, CALIFORNIA
An easement over certain real property, situate in the Town of Los Altos Hills, County of Santa Clara, State of California, being a portion of the Lands of Altalune, LLC as described in that certain Grant Deed recorded in the office of the County Recorder of Santa Clara County on March 23, 2021 in Document No. 24887829, as shown on Exhibit "B" made a part hereof, said easement more particularly described as follows:
Beginning on the Southeast line of said lands coincident with the Northwesterly Right of Way line of Moon Lane (Private Road, 30 feet wide) as shown on that certain Parcel Map filed July 18, 1996 in Book 649 of Maps at Pages 41 through 44 in said office of the County Recorder of Santa Clara County, said point being distant North 70°4710711 East, 8.43 feet from the South corner of said lands, said comer also being the beginning of a curve to the right, 60.00 feet easterly and concentric with the Westerly Right of Way line of Page Mill Road (width varies) as shown on that certain map of "Tract No. 6604" filed August 27, 1979 in Book 448 of Maps at Pages 30 through 34 in said office of the County Recorder of Santa Clara County, to which a radial bears South 48°0614511 West; Thence along the arc of said curve, with a radius of 170.00 feet, through a central angle of 05°2215311, an arc distance of 15.97 feet;
Thence North 70°47'07" East along a line parallel with and lying 15 feet Northerly, measured at right angles to said northwesterly right of way line of Moon Lane (Private Road, 30 feet wide), 929.76' feet to the East line of said lands; Thence South 29°10'28" East along last said east line, 15 .23 feet to the Southeast corner of said lands, said comer being coincident with said northwesterly right of way line of Moon Lane (Private Road, 30 feet wide);
Thence along said southeast line of said lands coincident with said northwesterly right of way line of Moon Lane (Private Road, 30 feet wide) South 70°47'07" West, 926.94 feet to the Point of Beginning.
Containing 13,927 square feet more or less.
The bearings described are based on the Northwest line of said lands coincident with the Easterly Right of Way line of Page Mill Road (width varies) described in Document No. 24887829 as being North 13°15'00" East.
END OF DESCRIPTION
PREPARED BY OR UNDER THE SUPE,VISION OF:
N:\projects\2021_.fOBS\2210769 SU\DWG\EASEMENTS\DWD & PCW PATH & MOON DED\07-26-22\E MOON DED-rev2.docx
THE BEARlNGS SHOWN ARE BASED
ON THE EASTERLY RIGHT OF WAY
LINE OF PAGE MILL ROAD,
DOCUMENT NO. 24887829 SANTA
CLARA COUNTY RECORDS.
DESCRIBED AS S1315'W
rij' g!
;:::,;.~ Qj
~&
~~T @IF WA 'YI
rEA$EMalf (O)E(O)DCATD@IM
113,~7 OOFr +
s2910·2a·E 15.23'
(S2918'E)(DEED) -
15.00'
21 ..._e
IU!\~~$ @~ ~lT~l~~~ ll~
@~ 2~~~7~2i
GROSS AREA = 4.99 ACRES±.
NET AREA = 4.67 ACRES±. I •
~~-....
• • • • t
~ ~ ~ ~ ----- 10 -,,. -~- · · Ii _.. g?,,.9• ........ ~ .. ..,,,,. g?,,.0•9 ~ .x ~ .. 8
lQ ::i ;:;
~0
ti
~\
\
rJ'"t. ···· -~ . o) .N10·47•07•E 0•1r1'~. :: . : · :: .. -1r1•o_1 ,.~)<._Ot.e 8 43• "'1 . . ... · . siO ~n:~'o
• .-'l • ".""';;;:,.•· ; • • ,,,,_... --------- IS IV ! R=17o.oo· ... /'_._._._,. • -- ~ .--- \; L-15 97' ......... .
A=-5'22°53;_~.--~
... .-#1/ ~~MOON LANE (30') _ 4_
#------ -DAD) a; . . -· l
(\
~ ~ ,e
~~
~tP'
\
~
BEGINNING 679 K 41-44
)"t< ..,...-
~ ~ S48"06'45•w 60.00'
0 t
50 100 200
PAGE MILL ROAD WESTERLY (RADIAL)
RIGHT OF WAY LINE
RADIUS 230'} 448 M 30-34
& LEA l IIRA2E ENGl&N, NC.
f Cl'lnl. ENGINEERS • LANO SURVEYORS
BAY AREA REGION SACRAMENTO REGION
2495 INDUSIRIAl PKWY \IEST 3017 DOUGLAS 11..\0, f 300
HAYWARD. Cld.lFORNIA 94545 ROSE'4UE, CA 95661
(P) (510) 887-4086 (P) (916)9&6-1338
(F) {510) 887-3019 (F) (916)797-7363
WWW.LEABRAZE.COM
DRAWN BY: DWD &: PCW JOB# 2210769SU
I 1
SCALE: ' 1" ::;:_100'
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL
DESCRIPTION FOR
RIGHT OF WAY EASEMENT DEDICATION
13830 PAGE MILL ROAD
LOS ALTOS BILIS, CAIJFORNIA
SHEET 2 OF 2 AUGUST 2022
Attachment 2
Town of Los Altos Hills June 21, 2022
Fast Track Hearing Report
Project Description: Site Development Permit for a new 8,613 square-foot two-story residence with a 2,213 square-foot basement, a detached 913 square-foot pool house, a 1,116 square-foot swimming pool, and 1,500 square feet of ground mounted solar panels.
File Number:
Address:
Owner(s):
Staff Planner:
Attendance:
SD21-0098
13830 Page Mill Road
Altalune LLC
Jeremy Loh, Associate Planner
Sofia Mangalam, Planning Director
Jeremy Loh, Associate Planner
Angie Wang, Property Owner
Catharine Fergus Garber, Project Architect
Allison Pell, Project Architect
Samuel Fischer, Project Architect
Teresa Brosius, Project Engineer
Jessica James, Project Landscape Architect
Vijay Chawla, Environmental Design and Protection Committee (EDPC) Carol Gottlieb, EDPC
Project Issues: Project is minimal in scope given size and average slope of the property and mostly single-story design. The existence of Matadero Creek requires the dedication of an Open space Easement over those portions of the property. 25 feet from creek top-of-bank. The public works department is requiring additional right-of-way to be dedicated to create a 60-foot right-of-way on Page Mill Road and Moon Lane. Lighting plan does not conform to new lighting policy and lights shall be reduced at the garage doors and where deemed excessive.
Environmental Design and Protection Committee: EDPC concerned about visual impacts of the structure to southerly and easterly neighbors but pleased with the modest project scope and design.
Open Space Committee: Did not comment at the hearing but requests dedication of an Open Space Easement over those portions of the property 25 feet from creek top-of-bank.
Pathways Committee: Did not comment at the hearing but requests dedication of pathway easements along Page Mill Road and Moon Lane frontages. A 15-foot pathway easement shall be required over an existing sanitary sewer easement near Page Mill Road and a 15-foot pathway easement shall be required over the right-of-way dedication along Moon Lane.
Conditions of Approval:
• Standard conditions of approval;
• Project specific conditions:
•
•
•
•
•
No more than two light fixtures at garage doors
Work with staff to reduce unnecessary lighting consistent with Outdoor Lighting Policy Property owner shall dedicate an open space easement over those portions of the property within 25 feet of Matadero Creek top-of-bank
Property owner shall dedicate a 15-foot pathway easement over existing 15-foot sanitary sewer easement
Property owner shall dedicate a 15-foot pathway easement along southerly property boundary between Matadero Creek and the easterly property line Planning Director Action:
File #SD21-0098 (Lands of Altalune LLC) was approved at the June 21, 2022 Fast Track Site Development Hearing subject to the attached conditions and a 21-day appeal period. 6 / 23 / 22
Sofia Mangalam, Planning Director Date
Project plans are available for review on the Public Meeting Resource page on the Town's website at https://www.losaltoshills.ca.gov/501/Public-Meeting-Resources.
For questions or additional information, contact project planner Jeremy Loh by phone at (650)- 947-2544 or by email at [email protected].
10/12/22, 4:42 PM
Los Altos Hills, California Municipal Code
Title 4 PUBLIC SAFETY
Chapter 3 TRAFFIC
Article 11. Private Roads
4-3.1101 Designated.
4-3.1101 Designated.
Attachment 3
The Council hereby finds, determines, and declares that the following privately-owned and maintained roads within the Town are generally held open for the use of the public for the purposes of vehicular traffic and so connect with highways that the public cannot determine that such private roads are not highways:
(a) Alta Lane North;
(b) Alta Lane South;
(c) Becky Lane;
(d) Buena Vista Drive;
(e) Burke Lane;
(f) Campo Vista Lane;
(g) Cantata Way;
(h) Casa Mia Way;
(i) Central Drive;
0) Crescent Lane;
(k) Duval Way;
(I) Edgecliff Place;
(m) Edgerton Road;
(n) El Caminita;
(o) Elise Court;
(p) Encinal Court;
https://library.qcode.us/lib/los_altos_hills_ ca/pub/municipal_code/item/title_ 4-chapter_3-article_ 11-4_ 3_ 1101 1/3
10/12/22, 4:42 PM
(q) Estralita Place;
(r) Gerth Lane;
(s) Hill Way;
(t) Hooper Lane;
(u) Jabil Lane;
(v) Josefa Lane;
(w) Kriste Lane;
(x) Lennox Way;
(y) Lomita Linda Court:
(z) Miraloma Way;
(aa) Moon Lane;
(ab) Old Page Mill Lane:
(ac) Old Trace Lane;
(ad) Quail Lane;
(ae) Schroll Drive;
(af) Summit Wood Road;
(ag) Sunny Court;
(ah) Three Forks Lane;
(ai) Toyonita Road; and
4-3.1101 Designated.
(aj) Vinedo Lane.(§ 12, Art. XII, Ord. 87: § 1, Ord. 297, eff. September 20, 1985) Contact:
City Clerk: 650-941-7222
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https://library.qcode.us/lib/los_altos_ hills_ca/pub/municipal_code/item/title _ 4-chapter_3-article_ 11-4 _ 3 _ 1101 2/3
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: October 20, 2022
TO: Los Altos Hills City Council
FROM: Cody Einfalt, Management Analyst II
RE: Approval for the Mayor to Sign a Letter on Behalf of the City Council Regarding the Town’s Concerns on the Review of Stanford’s General Use Permit
Stanford’s General Use Permit is currently under review by the County of Santa Clara and Los Altos Hills has been asked by the County if the Town would be interested in submitting a response letter to the proposed changes in Stanford’s Draft Community Plan.
The Board of Supervisors have held study sessions on September 27th and October 18th regarding the review and response letters are helpful to the ongoing discussion.
The following agencies have already provided responses (Attachment 2) • City of Atherton
• City of Los Altos
• City of Palo Alto
• Redwood City
• City of Mountain View
• Green Foothills
• Stanford University
• County of San Mateo
Attached is the proposed letter from the Town for the Mayor to sign on behalf of the City Council
ATTACHMENTS:
1. Proposed Letter
2. Letters from Neighboring Agencies
AGENDA ITEM #4.X
C.E.
26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: 650/941-3160 October 20, 2022
Honorable S. Joseph Simitian
Santa Clara County Board of Supervisors
70 West Hedding Street
East Wing, 10th Floor
San Jose, CA, 95110
RE: Stanford General Use Permit (GUP) – Community Plan
Dear Supervisor Simitian:
Thank you for allowing the Town of Los Altos Hills the opportunity to comment on the latest review of Stanford’s General Use Permit. While the University may have withdrawn its application for a new GUP, the Town remains very concerned about the impact of their development on our community both today and in the future. It’s important that the Community Plan be rigorously updated after more than 20 years on the shelf. This needs to be done prior to there being a new use permit under review. The Town believes the recommendations listed by County staff are consistent with where the 2019 process left off and we support staff’s recommendations.
As Los Altos Hills is a close neighbor, we have specific concerns about Stanford’s recommendations made by in the Community Plan. Specifically, we do not support:
• Removing the trip-based standards from the circulation chapter, including peak period and reverse commute trips;
• Allowing for use of an in lieu fee for affordable housing units since fees are hardly ever enough to result in the number of units needed;
• Allowing for housing built under the current GUP to be credited to a future GUP Our concerns are born out of our experience from being a neighbor. Thank you for hearing our concerns and please support the staff recommendations.
Sincerely yours,
George Tyson
Mayor
Town of Los Altos Hills
cc: Los Altos Hills City Council
Attachment 1
September 9, 2022
Honorable Joe Simitian
Santa Clara Board of Supervisors
70 West Hedding Street
East Wing, 10th Floor
San Jose, CA 95110
SUBJECT: STANFORD GENERAL USE PERMIT (GUP) – COMMUNITY PLAN Dear Supervisor Simitian:
Thank you for the opportunity to comment on the Stanford GUP process. The Town was very involved in the public process for the 2019 GUP and while Stanford may have withdrawn its application for a new GUP, the Town remains very concerned about the impact of some of their development, both today and in the future.
The Town believes that it is vital that the Stanford Community Plan be rigorously updated, particularly after being essentially dormant for more than 20 years. The Town generally supports the staff recommendations and believes that they are consistent with the 2019 discussions. We too have specific concerns with some of Stanford’s recommendations for changes to the Community Plan. These concerns relate to a dilution of policies that already exist in the Community Plan.
• We do not support removing the trip-based standards from the Circulation Chapter, including for peak period and reverse commute trips;
• We do not support allowing for use of an in-lieu fee for affordable housing units as such funds never go far enough to address the real need; and • We do not support allowing for housing built under the current GUP to be credited to a future GUP.
Thank you for hearing our concerns and please support the staff recommendations.
Sincerely,
Rick DeGolia, Mayor
cc: City Council
Town of Atherton
Office of the Mayor
80 Fair Oaks Lane
Atherton, California 94027
Phone: (650) 752-0500
Attachment 2
1 North San Antonio Road
Los Altos, California 94022-3087
September 14, 2022
Subject: Agenda Item #7 – September 15, 2022, Stanford Community Plan Update Dear Members of the Santa Clara County’s Housing, Land Use, Environment, and Transportation Committee,
I am writing on behalf of the Los Altos City Council to provide comment on the above-referenced Agenda Item 4 regarding the Report on Growth and Development, Land Use, Open Space, Resource Conservation, and Health and Safety chapters to be included in the Stanford Community Plan Update (“Report”). Thank you for the opportunity to do so. Thanks also to staff for putting together such a comprehensive report.
Like many jurisdictions that are in close proximity to the subject Stanford property, the City of Los Altos was involved in the public process for the 2019 General Use Permit. While Stanford University (the “University”) may have withdrawn its application for a new General Use Permit (“GUP”), Los Altos remains very concerned about the impacts of the University’s development on our community both today and in the future. Therefore, we believe its important that the Community Plan be rigorously updated, after more than 20 years of being on the shelf. It needs to be done prior to there being a new use permit under review.
Accordingly, we believe the staff recommendations contained in the Report are consistent with where the 2019 process left off, and we support those recommendations. We also have specific concerns about certain requests that we believe would weaken the effectiveness of policies in the Community Plan, including:
• removing the trip-based standards from the circulation chapter, including peak period and reverse commute trips;
• allowing for use of an in-lieu fee for affordable housing units when those fees are insufficient to actually result in the number of units needed; and
• allowing for housing built under the current GUP to be credited to a future GUP.
These concerns are born out of our experience from being a close neighbor (it is not often recognized that our downtown is less than 6 miles from the university campus). Los Altos has been directly impacted by the University’s acquisition of housing in Los Altos and resultant increase in traffic congestion on our streets. As we all know, affordable housing is a regional issue, and increasing opportunities for biking, walking, and transit are key to safer streets and cleaner air.
Thank you for hearing our concerns, and please support the staff recommendations addressing those concerns.
Sincerely,
______________________
Anita Enander
Mayor, City of Los Altos
cc: Members, Santa Clara County Board of Supervisors
Members, Los Altos City Council
DocuSign Envelope ID: 12198EAA-99B0-43F2-99A2-52930EEBA212
CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650-329-2100 September 14, 2022
Jacqueline Onciano, Director
Department of Planning and Development
Santa Clara County Planning Office
70 W. Hedding Street
7th Floor, East Wing
San Jose, CA 95110
RE: Stanford Community Plan Update
Dear Ms. Onciano & Staff:
The City of Palo Alto thanks the County for the valuable work that has been put into the Draft Stanford Community Plan and we appreciate the opportunity to comment on the update. The City supports this effort as an important next step in planning for the future of the unincorporated Stanford University lands, and we appreciate the County’s public engagement efforts and opportunities for input on the issue. This is particularly important to the City given Stanford’s adjacency and impacts on Palo Alto.
In the context of the ‘1985 Land Use Policy Agreement’ between the County, Stanford, and Palo Alto, we offer the following comments and request additional opportunities for continued engagement to fully understand the implications of the SCP on Palo Alto. The issues of primary concern to the City, based on information available at this time, are briefly highlighted below:
A. Housing
1. House students/employees on Stanford-owned properties. We suggest that the University continue to strive to house all its students and employees on Stanford-owned properties. Given the very great challenges of meeting Palo Alto’s current RHNA mandate for over 6,000 housing units in the coming eight-year period, we are concerned by the SCP proposal to allow up to 30% of Stanford’s housing requirements on Stanford owned lands that are contiguous to the University. These sites would be primarily in Palo Alto on land (primarily the Stanford Research Park) that the city is seeking to be used for housing for those who work in the City. In addition, Stanford should be required to evaluate other properties within its academic growth boundary for housing.
2. Build housing before academic buildings. We encourage policy that builds housing first then allows academic development.
3. County’s Housing Opportunity Sites on Stanford Lands. The County’s Draft Housing Element identifies three housing opportunity sites with potential for between 1,680 and 2,160 dwelling
units that represents between 53-69% of the total Regional Housing Needs Allocation for the County.
• This is substantial planned growth adjacent to the City limits, which is only second to the opportunity sites located adjacent to the City of San Jose. However, in contrast, the Stanford sites are concentrated in one area, creating the potential for a greater impact on Palo Alto.
B. Circulation
1. Parking Impacts: Stanford should be required to pay for mitigation of parking impacts which could include the initiation and operation of necessary Residential Parking Programs (RPP).
2. Transportation Demand Management (TDM) Program Changes: Palo Alto is greatly impacted if the Stanford TDM program fails. For Stanford’s TDM to work, it needs to invest in Palo Alto infrastructure and transit.
• The new Trip Reduction approach in lieu of fair-share intersection payments and the Trip Credit Methodology needs to be clarified and explained. • It is not appropriate that Stanford Research Park trips reduced are being used as trip credits for campus development.
• A better approach would be to target trip reduction activities to non-Stanford employees without access to TDM programs.
3. In lieu of fair share intersection payments: Expansion, integration, and transparency of the Marguerite system into the City of Palo Alto neighborhoods, in collaboration with the City, should be considered or required. Financial support of local transit in lieu of Marguerite expansion is aa preferred consideration. Moreover, it would be appropriate to provide funds additional bicycle/pedestrian and vehicular crossings of the Caltrain corridor.
C. 27 University Property and the Caltrain Station: Stanford owns these key parcels, which constitute the busiest Caltrain station. Stanford’s entities rely on Caltrain as the backbone of its TDM program.
Future planning of this site should be an important consideration in the SCP.
D. Stanford’s shift to Life Sciences: This shift introduces potentially hazardous materials, and its handling and storage of these materials affects the City’s interest in locating additional housing in and around the Stanford Research Park.
E. Impacts of Stanford Acquiring Land in Palo Alto: The City has concerns regarding Stanford acquiring land in Palo Alto and how this affects the City’s property tax revenue when used for ‘academic’ purposes as defined in the 1985 Agreement, including housing for faculty. Palo Alto is concerned with the prospect of Stanford owned housing within the City being exempt from property taxes despite additional impacts of those residents on our public schools and city services. Palo Alto seeks full disclosure by Stanford of University owned properties within the city limits, their status, and a calculation of tax revenue lost.