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GLOSSARY AND ABBREVIATIONS
Government Code, Section
41004
California Government Code section 41004 states:
“Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and
accounting of all receipts, disbursements, and fund
balances. The city treasurer shall file a copy with the legislative body.”
Treasurer’s Reports The reports required by Government Code section 41004 may have various styles and titles. For purposes of this report, the Civil Grand Jury will refer to these reports throughout as "treasurer's reports."
Charter City Article XI, section 3(a) of the California Constitution authorizes the adoption of a city charter and provides that the charter has the force and effect of state law. Article XI, section 5(a), the "home rule" provision, grants to charter cities the ability to govern over "municipal affairs."
There are six charter cities in Santa Clara County: San José, Palo Alto, Santa Clara, Sunnyvale, Gilroy, and
Mountain View.
General Law City A general law city may only have a form of government authorized by state general law. A city that has not
adopted a charter is bound by the state’s general laws even with respect to municipal affairs.
There are nine general law cities and towns in Santa Clara County: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, Monte Sereno, Cupertino, Saratoga and
Morgan Hill. The scope of this investigation is limited to general law cities.
GAAP Generally Accepted Accounting Principles: a set of accounting rules and standards established by the
accounting industry.
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SUMMARY
General law cities in California are required to comply with California Government Code section 41004 (Section 41004), which states, “at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body.” The benefit of the law is to ensure financial accountability and public transparency as well as to foster better fiscal affairs. Treasurer's reports provide city councils with timely and accurate financial information necessary to make reliable and sound decisions.
The 2022 Santa Clara County Civil Grand Jury (Civil Grand Jury) found that there is widespread noncompliance with this state requirement throughout Santa Clara County (County) by the general law cities. As of the date of this report, six of the nine general law cities1 in the County are noncompliant with this state law: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno. Additionally, the City of Cupertino was initially noncompliant until the city took corrective action during the Civil Grand Jury’s investigation. The City of Saratoga and City of Morgan Hill were the only two cities compliant prior to the investigation.
Based on responses from city officials, the Civil Grand Jury determined that there is a widespread misunderstanding among these general law cities in the County regarding Section 41004 reporting requirements. The Civil Grand Jury recommends that the noncompliant cities – Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno – comply with Section 41004. 1 The Town of Los Altos Hills and the Town of Los Gatos are general law cities.
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BACKGROUND
The State Legislature established the office of city treasurer by enactment of California Government Code, Title 4 - Government of Cities, Division 3 - Other Officers, Chapter 3 - City Treasurer. The statutory duties for city treasurers may generally be found in the following sections:
Section 41001: The city treasurer shall receive and safely keep all money the treasurer receives.
Section 41002: (a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in their possession; and (b) if the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.
Section 41003: The city treasurer shall pay out money only on warrants signed by legally designated persons.
Section 41004: Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances.
The city treasurer shall file a copy with the legislative body.
Pursuant to California Government Code section 36502, the city treasurer is an elective office.
California Government Code section 36508 and California Elections Code section 9222 permit cities to submit to the electors the question of whether the city treasurer position should be an appointive office. In that instance, the financial duties assigned by the state statutes to the city treasurer are transferred from an elected treasurer to an appointed officer if approved by the electorate. Only one general law city in the County, Morgan Hill, continues to have an elected city treasurer, who serves for four years. All other cities in the County have opted to assign city treasurer duties to senior administrative staff.
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METHODOLOGY
Upon receiving a complaint regarding Government Code section 41004 noncompliance in Cupertino, the Civil Grand Jury decided to expand the investigation to review all nine general law cities in the County: Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, Monte Sereno, Cupertino, Saratoga, and Morgan Hill. From March to August 2022, the Civil Grand Jury began the process by polling these Cities to determine if they produced treasurer’s reports.
The Civil Grand Jury took the following steps:
• Contacted a total of 22 officials across nine cities who were responsible for tasks relevant to the topic of this report.
• Reviewed relevant sections of the California Government Code, California Elections Code, and examined the ordinances, policies, and memos of each city relevant to their city treasurer duties.
• Reviewed published city council and city committee agendas relevant to Section 41004. • Reviewed other relevant city documents, including but not limited to financial audits, city organizational charts, and relevant job descriptions.
• Verified the six most recent treasurer’s reports of each city, if submitted.
The Civil Grand Jury inspected the contents of each report to verify the inclusion of the required elements: monthly disbursements, receipts, and fund balances. The Civil Grand Jury also determined whether the reports were published at least once each month to be compliant with Section 41004.
It should be noted that most cities do not call their report “Treasurer’s Report.” Appendix A provides links to examples of compliant Section 41004 reports, showcasing variations in terms of report name, style, layout, and appearance.
The Civil Grand Jury used the 2011-2012 Solano County Civil Grand Jury report entitled “City Treasurer Functional Review” as a reference for this report.
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INVESTIGATION
All interviews and email correspondence were designed to determine if general law cities complied with Section 41004. To be deemed compliant, a city must produce a financial document at least once each month that details all of the following: monthly disbursements, receipts, and fund balances – and must be filed with the legislative body. Six months of reports were requested to verify an existing track record. Data collection and verification took place from March to July 2022.
The results of this investigation are depicted in Table 1 below.
Table 1. Section 41004 Compliance Among Nine General Law Cities City/Town Compliant Noncompliant
Los Altos X
Los Altos Hills X
Los Gatos X
Milpitas X
Campbell X
Monte Sereno X
Cupertino X*
Saratoga X
Morgan Hill X
*During the investigation, Cupertino started complying with Section 41004.
There are a number of reasons for cities’ noncompliance:
• Some cities were under the impression that the Section 41004 mandate was a discretionary guideline.
• Others adopted the practice of other cities that did not produce the requisite monthly reports.
However, the primary error among the cities was that they produced abbreviated reports that omitted required information such as receipts, disbursements, and fund balances. Some of the deficient reports lacked substance, with abbreviated information presented without context or details.
The Civil Grand Jury believes there is no fiscal impact involved in complying with Section 41004.
Outside resources should not be required since existing staff already make some financial reports, collect this type of data, and should be able to produce treasurer’s reports. Therefore, each of the deficient cities can be compliant with minimal effort or burden.
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Noncompliant Cities and Towns
Los Altos
The City of Los Altos does not have an elected city treasurer. Further, the Los Altos Municipal Code does not specifically state which official performs the duties of a city treasurer. Los Altos Municipal Code Section 2.01.060, however, provides that the city manager is the administrative head of the city and is specifically empowered “keep the council at all times fully advised as to the financial condition and needs of the city.” In the City of Los Altos, monthly treasurer’s reports are not prepared and submitted to the city clerk in accordance with Section 41004.
At the time of the Civil Grand Jury inquiry in June 2022, the City of Los Altos did not submit any treasurer’s reports. According to the City of Los Altos, Government Code section 37208 indemnified them from the Section 41004 mandate. However, the language of Government Code Section 37208 refers to payroll warrants or checks and makes no mention of the reporting required by Section 41004, which requires a report of “receipts, disbursements and general fund balances.” Moreover, the language of Government Code Section 37208 neither excuses a city from complying with Section 41004 nor makes any reference to Section 41004.
Further, the city erroneously noted that its Generally Accepted Accounting Principles (GAAP) policy on financial reporting excused noncompliance with Section 41004 reporting requirements.
In 2015, the city adopted a “Financial Policy” that reads in part, “The city’s accounting and financial reports are to be maintained in accordance with GAAP.” GAAP accounting does not address the Section 41004 mandated requirements.
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The Civil Grand Jury determined that the City of Los Altos does not produce treasurer’s reports and thus is noncompliant.
Los Altos Hills
The Town of Los Altos Hills does not have an elected city treasurer. The town’s Municipal Code is silent on who performs the duties of the treasurer; however, the Civil Grand Jury learned that the treasurer responsibilities fall to the director of administrative services.
The Civil Grand Jury received monthly treasurer’s reports in June 2022. Upon inspection, however, they contained only disbursements and lacked receipts as well as fund balances; thus the reports are incomplete and noncompliant.
Los Gatos
The Town of Los Gatos does not have an elected city treasurer. The town’s Municipal Code Section 2.30.035 delegates the responsibility of the treasurer and the ability to assign those duties to the town manager. The director of finance is responsible for the town’s financial matters. The Town of Los Gatos produces quarterly reports, not monthly reports as required by Section 41004.
While the disbursements, receipts, and fund balances are in the reports, they must be published at least once each month to comply with Section 41004. Because the production intervals are quarterly, the Town of Los Gatos is not in compliance.
Milpitas
The City of Milpitas does not have an elected city treasurer. Milpitas Municipal Code section VI1-3.02 vests the duties of a city treasurer with the city manager, who is empowered to appoint a city treasurer pursuant to Section VI-1-3.04. In the City of Milpitas, the finance director produces weekly disbursement reports, quarterly receipt and investment reports for the general and special districts’ funds, and annual reports for all other reporting.
At the time of inquiry in June 2022, the Civil Grand Jury noted well-prepared reports. However, the frequency of report submission does not meet Section 41004 criteria, which requires monthly reports. Reports showing all receipts, disbursements, and fund balances must be filed with the city clerk at least once each month. Due to submission infrequency, the City of Milpitas is not in compliance.
Campbell
In November of 2010, voters in the City of Campbell approved Measure O, which changed the office of the city treasurer (and city clerk) from an elected to an appointed office. The City of
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Campbell’s Municipal Code is silent on who has officially assumed those duties.2 The Civil Grand Jury learned that the city’s finance director has the responsibilities of a treasurer and oversees the preparation of financial reports. The reports are prepared by the accounting clerk, reviewed by the finance manager and the finance director, and approved by the city manager for inclusion in the council packet.
At the time of inquiry in June 2022, 21 reports were submitted. The submitted documents had no payroll records and accounts payable balances with paid or disbursed funds. Additionally, the required information was not published at least once each month.
The City of Campbell’s submitted reports do not comply with Section 41004 because disbursements, receipts, and balances are not filed at least once each month.
Monte Sereno
The City of Monte Sereno does not have an elected city treasurer. The Monte Sereno Municipal Code section 2.04.010 designates the city manager as the director of finance and tasks the city manager with “performing all duties of City treasurer as set forth in Government Code sections 41000 et seq.” At the time of inquiry in June 2022, six treasurer’s reports were received by the Civil Grand Jury. While the reports did contain the required fund balances, the receipts and disbursements were not compliant with the Section 41004 requirement.
Compliant Cities
Cupertino
The City of Cupertino does not have an elected city treasurer. The City of Cupertino’s Municipal Code section 2.24.030 states:
The treasurer shall make monthly reports which conform to the requirements of Government Code Section 41004. Said reports shall be delivered to the City Council, city manager and made available for review by such other persons who may so request.
Until 2022, no staff member for the City of Cupertino had been preparing and delivering a monthly treasurer’s report to the Cupertino City council. However, during the Civil Grand Jury's 2 The City of Campbell’s Municipal Code does not appear to have been updated. The City of Campbell’s Municipal Code section 2.08.010 still states that the elected officers shall be those designated by general laws, which includes a city treasurer. Further, the code has other references to an elected city treasurer. (See Sections 2.16.040 [city treasurer compensation] and 2.16.010 [establishment of salaries].)
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investigation, the belated monthly treasurer’s reports for January and February 2022 were published and placed on the Cupertino Audit Committee agenda.
The Civil Grand Jury recognizes the action taken by the City of Cupertino as soon as it was brought to their attention. The City of Cupertino is now compliant with Section 41004 as of March 2022, despite the stated history of not submitting the required reports.
Saratoga
The City of Saratoga does not have an elected city treasurer. The City of Saratoga Municipal Code section 2-20.035 states that the city manager shall serve as the city treasurer and be responsible for “other duties and responsibilities as required by law to be performed by the City Treasurer.” Thus, the city manager is responsible for the preparation and submission of monthly treasurer’s reports.
The Civil Grand Jury verified in June 2022 that regular monthly treasurer’s reports are filed with the City of Saratoga and are fully compliant with Section 41004. These reports can also be found by the public on the city’s website. An example is shown in Appendix A.
Morgan Hill
The City of Morgan Hill has an elected city treasurer. The treasurer, in conjunction with the finance director, prepares the treasurer’s reports.
The Civil Grand Jury verified in June 2022 that regular monthly treasurer’s reports are produced.
The reports contain all the required components of disbursements, receipts, and fund balances.
Thus, the City of Morgan Hill is compliant with Section 41004. A compliant Morgan Hill treasurer’s report is shown in Appendix A.
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CONCLUSION
Within the County, there is widespread noncompliance with California Government Code section 41004 by the general law cities. The Civil Grand Jury commends the cities of Saratoga and Morgan Hill for being in full compliance and notes the City of Cupertino’s quick action to become compliant. The Civil Grand Jury recommends that the noncompliant cities of Los Altos, Los Altos Hills, Los Gatos, Milpitas, Campbell, and Monte Sereno comply with Section 41004. This is to be done by producing treasurer’s reports at least once each month containing the required disbursements, receipts, and fund balance information. The benefit of implementing this recommendation overshadows any limited cost impact since existing staff could compile the report. In short, there is great benefit in producing these reports, as they improve financial transparency to the residents of the cities.
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FINDINGS AND RECOMMENDATIONS
It is recommended that noncompliant cities start producing treasurer’s reports as required by law.
Some cities produce abbreviated information that does not include requisite financial information as defined in state Government Code section 41004. Some cities produce requisite reports, but not on a monthly basis.
Finding 1
The City of Los Altos is not submitting monthly treasurer’s reports in compliance with California Government Code section 41004.
Recommendation 1
The City of Los Altos should comply with Government Code section 41004 by submitting monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances and by filing those reports with the city. This recommendation should be implemented by March 15, 2023.
Finding 2
The City of Los Altos does not produce treasurer’s reports in compliance with California Government Code section 41004. The reason provided for non-compliance was that the City of Los Altos’ financial policy does not require the preparation and submission of treasurer’s reports.
It is an erroneous belief that internal policies excuse compliance with Government Code section 41004.
Recommendation 2
The City of Los Altos should amend its financial policy to require that monthly treasurer’s reports be prepared and submitted in accordance with California Government Code section 41004 by March 15, 2023.
Finding 3
The Town of Los Altos Hills produces monthly treasurer’s reports but the content of those reports lacks monthly disbursements, receipts, and fund balancesrequired by California Government Code section 41004.
Recommendation 3
The Town of Los Altos Hills should update their existing monthly reports to include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 4
The Town of Los Gatos produced reports that contain the required content but does not produce the treasurer’s reports on a monthly basis as required by California Government Code section 41004.
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Recommendation 4
The Town of Los Gatos should produce its reports on a monthly basis to comply with California Government Code section 41004 by March 15, 2023.
Finding 5
The City of Milpitas does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 5
The Civil Grand Jury recommends that the City of Milpitas comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 6
The City of Campbell does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 6
The City of Campbell should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 7
The City of Monte Sereno does not produce monthly treasurer’s reports as required by California Government Code section 41004.
Recommendation 7
The City of Monte Sereno should comply with California Government Code section 41004 by producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances by March 15, 2023.
Finding 8
When the Civil Grand Jury began this investigation, the City of Cupertino was not in compliance with California Government Code section 41004. However, starting in March 2022, the City of Cupertino began producing treasurer’s reports compliant with Section 41004.
Recommendation 8
The City of Cupertino should maintain compliance with California Government Code section 41004. Continued compliance is recommended.
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Finding 9
The Civil Grand Jury commends the City of Saratoga for producing monthly treasurer’s reports that include disbursements, receipts, and fund balances. The City of Saratoga is in full compliance with California Government Code section 41004.
Recommendation 9
No recommendation.
Finding 10
The Civil Grand Jury commends the elected city treasurer for producing monthly treasurer’s reports that include monthly disbursements, receipts, and fund balances. The City of Morgan Hill is in full compliance with California Government Code section 41004.
Recommendation 10
No recommendation.
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REQUIRED RESPONSES
Pursuant to California Penal Code section 933(b) et seq. and California Penal Code section 933.05, the Civil Grand Jury requests responses from the following governing bodies:
Responding Agency Findings Recommendations
City of Los Altos 1, 2 1, 2
Responding Agency Findings Recommendations
Town of Los Altos Hills 3 3
Responding Agency Findings Recommendations
Town of Los Gatos 4 4
Responding Agency Findings Recommendations
City of Milpitas 5 5
Responding Agency Findings Recommendations
City of Campbell 6 6
Responding Agency Findings Recommendations
City of Monte Sereno 7 7
Responding Agency Findings Recommendations
City of Cupertino 8 8
Responding Agency Findings Recommendations
City of Saratoga 9
Responding Agency Findings Recommendations
City Treasurer of Morgan Hill 10
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APPENDIX A: EXAMPLES OF COMPLIANT TREASURER’S
REPORTS
On the following pages are two examples of monthly treasurer’s reports that contain the required disbursements, receipts, and starting and ending fund balances and are therefore compliant with California Government Code section 41004. They are included to show that there are various names and formats that the reports may take. Following the examples are links to the full reports for ease of access.
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Example 1. Page 3 of 7 from Saratoga August 2022 Treasurer’s Report https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/1578630/Treasurer_Report_for_August_ 2022.pdf
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Example 2. Page 12 of 21 from Morgan Hill March 2022 Financial and Investment Report https://www.morgan-hill.ca.gov/DocumentCenter/View/40944/March-2022-Financial-andInvestment-Report-PDF
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REFERENCES
Bibliography
Campbell City Council meetings: December 7, 2021-June 7, 2022. Regular agenda item from the Finance Department, titled Approving Bills and Claims. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: February 1, 2022. Regular agenda item from the Finance Department, titled Investment Report – Quarter Ending December 2021. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: May 3, 2022. Regular agenda item from the Finance Department, titled Investment Report – Quarter Ending March 2022. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meetings: December 7, 2021 – June 7, 2022. Regular agenda item from the Finance Department, titled Monthly Investment Transactions Report. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
Campbell City Council meeting: April 25, 2022, Study Session Meeting of the Campbell City Council. https://campbellca.gov/AgendaCenter/ (Accessed November 28, 2022).
City of Cupertino, A- Payments to Chamber Jan 2015- Mar 2022. Report, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Cupertino Administrative Services Department Finance Division, Fiscal Year 2019-2020 Comprehensive Annual Financial Report. https://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Cupertino, Audit Committee meeting, May 23, 2022. https://cupertino.legistar.com/MeetingDetail.aspx?ID=923553&GUID=0C41F4A6-93D2-4B90- AAEB-7E5FF0F1EF8C&Search= (Accessed November 28, 2022).
City of Cupertino, B- Festivals – City Fees Waived & City Expenses. Report, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, April 21, 2022: March 2022 Report of City-wide Fund Balances/Net Position. http://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting April 21, 2022: March 2022 Report of City-wide Receipts, Disbursements, and Cash Balances Cash Investments. http://cupertino.legistar.com/ (Accessed November 28, 2022).
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Cupertino City Council meeting, April 25, 2022. Administrative Services Department, Audit Committee Staff Report for March, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, May 3, 2022. City Manager’s Office, City Council Staff Report. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino City Council meeting, May 19, 2022. Amended Agenda of the Cupertino City Council. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino Office of the City Clerk, Notice of Adjournment of the May 17, 2022. Notice, May 17, 2022. https://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino, Payment Register. Report, December 21, 2021. http://cupertino.legistar.com/ (Accessed November 28, 2022).
Cupertino, Resolution NO. 22-015. Resolution, 2022. http://cupertino.legistar.com/ (Accessed November 28, 2022).
City of Lancaster, Excerpt from A Quick Summary for the Press and Researchers, https://www.cityoflancasterca.org/home/showpublisheddocument/10103/635775792210230000 (Accessed November 28, 2022).
Los Altos City Council meetings, January, 2022 – May, 2022. Monthly Disbursement Listing. https://www.losaltosca.gov/calendar/month?field_microsite_tid=2131&field_microsite_tid_1=Al l (Accessed November 28, 2022).
Los Altos City Council meeting, May 24, 2022. Quarterly Investment Portfolio Report – Quarter Ended March 31, 2022. https://www.losaltosca.gov/citycouncil/page/city-council-meeting-155 (Accessed November 28, 2022).
Los Altos City Council meeting, March 8, 2022. Quarterly Investment Portfolio Report – Quarter Ended December 31, 2021. https://mccmeetingspublic.blob.core.usgovcloudapi.net/losaltoscameet-419c5823741c494d9706451908d3061f/ITEM-Attachment-001- 0979a9a16c5c4dc898b8e8d7d4d4a6e1.pdf (Accessed November 28, 2022).
Los Gatos Town Council meeting, February 15, 2022. Second Quarter Investment Report (October through December 2021) for Fiscal Year 2021/22.
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet94e86df454424b8b95ccc3f6eff96e41.pdf (Accessed November 28, 2022).
Los Gatos Town Council meeting, May 17, 2022. Third Quarter Investment Report (January through March 2022) for Fiscal Year 2021/22
https://mccmeetings.blob.core.usgovcloudapi.net/losgatos-pubu/MEET-Packet997ea555609c4af9b94eeb28b34fc7e3.pdf (Accessed November 28, 2022).
Monte Sereno City Council meetings: December 28, 2021 – June 3, 2022. Regular agenda item from the Finance Department submitting the monthly Treasurer’s Report. https://montesereno.civicweb.net (Accessed November 28, 2022).
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City of Morgan Hill Finance Division, Monthly Financial and Investment Reports. March 31, 2022. https://www.morgan-hill.ca.gov/DocumentCenter/View/40944/March-2022-Financial-andInvestment-Report-PDF (Accessed November 28, 2022).
City of Saratoga Administrative Services, Treasurer’s Report for the Month Ended August 31, 2022. Final Report, October 5, 2022. https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/1578630/Treasurer_Report_for_August_ 2022.pdf (Accessed November 28, 2022).
Solano County 2011-2012 Grand Jury, City Treasurer Functional Review. Final Report, January 12, 2012. https://solano.courts.ca.gov/wp-content/uploads/2020/01/111227-City-TreasurerFinal.pdf (Accessed November 28, 2022).
California Government Code Sections 34000 – 45345.
Los Gatos Municipal Code 2.30.035.
Milpitas Municipal Code VI-1-3.04.
Interviews
Interviews were conducted with 16 individuals between April 25, 2022, and June 16, 2022.
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This report was ADOPTED by the 2022 Santa Clara County Civil Grand Jury on this 14th day of December, 2022.
______________________________
Karen Enzensperger
Foreperson
From: allan epstein
To: Deborah Padovan
Subject: City Council Agenda February 16, 2023
Date: Thursday, February 16, 2023 10:38:43 AM
Hi Deborah,
Please attach the following items as supplementals to today’s Council Agenda.
Thank you.
Best,
Allan
AGENDA ITEM 4.I: RESPONSE TO THE GRAND JURY FINAL REPORT ON FINANCIAL TRANSPARENCY NEEDED
The Civil Grand Jury Finding 1 is partially in error and the Town’s response should correct the record. LAH has consistently reported detailed monthly disbursements. It has not reported monthly receipts and fund balances.
AGENDA ITEM 4.V: Resolution Revising the Existing Tripepi Smith Agreement to Increase the not exceed amount to $50,000 for Media and Communication Services (Staff: P.
Pirnejad)
As of February 15, 2023, a staff report has not been provided. The original agreement has not been provided and it is unknown what services are being rendered, whether competitive bidding has taken place, and if additional appropriations are necessary. This item should be continued to a later council meeting where it can be properly considered by the Council and public.
AGENDA ITEM 5.A: RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE AUTOMATIC LICENSE
PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL DIRECTION ON
CONTINUED USE OF THE SYSTEM IN TOWN
I support the recommendations made by Rajiv Bhateja contained in supplement number three, which includes renewal of the ALPR contract for another year. In addition, the Town should contact Atherton to understand why burglaries declined 64 percent from 2021 levels, and whether any of the reduction can be attributed to their installation of ALPR cameras.
The Town should also inquire with Atherton and other users of ALPR systems to learn best practices for utilizing the data provided to law enforcement. It also may be helpful to independently evaluate the APPR “hits” for a time to understand how the system could be made more effective.
AGENDA ITEM 6.A: RECEIVE 2022-23 MID-YEAR FINANCIAL REPORT AND ADOPT RESOLUTION
APPROVING THE MID-YEAR BUDGET AMENDMENTS
1. It is unclear as to what is intended by the statement, “As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.” This statement was not made at the FIC meeting. Does this mean that staff believes expenditures will exceed appropriations? Spending should not exceed appropriations and if staff believes it will, now is the time to explain why and increase appropriations to cover planned spending. Staff has included only a $1,000 increase in General Fund expenditures as part of the Mid-year Budget amendments.
2. The 37 percent year-to-year decline in License and Permit revenue (Building Fees) is due primarily to the Council approved elimination of the MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were “captured in the Building Permit Fee”. It should be noted that despite this substantial revenue reduction, revenue still exceeded Building Department expenses. A full explanation is not provided for the 65 percent year-to-year reduction in Charges for Services (Planning and other Fees).
3. It is unclear if the additional appropriations/expenses included in this Council agenda are Supplemental No. 1
AGENDA ITEM #4.I
Distributed 2/16/23
included in the mid-year adjustment (Recruiting Fee, City Manager salary adjustment, Media and Communication Services)
4. With 60% of the year complete, one would expect the Mid-year Budget update to provide an overall indication of how the year is expected to end up relative to the original budget assumptions. Will the Town-wide Fund Balance decline by $2.5 million as projected in the FY’23 Budget? More? Less?
5. In FY’23, City Attorney Fees were budgeted to increase $211,000 or 60% from the prior year. Why is an additional $200,000 appropriation now required?
6. An explanation for the apparent $500,000 spending in excess of the year’s budget in Street Capital spending in the first half of the year would be useful.
7. Mid-year Capital Project Update. It appears many major projects will not be implemented in FY’23 as planned, and some have been completed having residual balances whose commitments should be removed and funds made available for other projects.
Overall, it looks like capital expenditures could be $2 million less than planned for the year.
AGENDA ITEM 7.A: RESOLUTION TO ADOPT REVISIONS TO THE FY 2022-23 PLANNING AND
BUILDING FEE SCHEDULE
No changes were made to the Building Department Fee Schedule. However, in October 2022 the Council changed the Building Fee policy to eliminate the charging of the MEP fee.
This clarification should be made in the fee schedule. It is unclear which projects are no longer being charged the MEP fee. Is it new residences, additions, remodels, or all projects? The failure to make clear when MEP Fees should be charged in the original fee schedule or in desk procedures is what caused the overcharging of Building Permit and Plan Review Fees between April 2020 and October 2022. Applicants should be able to understand how to fill out the forms and what they will be charged.
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING CHANGES TO JOB DESCRIPTION
FOR PLANNING DIRECTOR RESOLUTION APPROVING
AMENDING THE CITY COUNCIL EMPLOYEE
CLASSIFICATION AND COMPENSATION PLAN ON THE
SALARY SCHEDULE AND APPROVE A 3-YEAR RETENTION
BONUS
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
1. Resolution approving updating the job description to Planning Director.
2. Resolution approving amending the Employee Classification and Compensation Plan on the FY2022-23 Salary Schedule.
3. Approve a 3-year retention bonus to be rewarded after each successful year of service.
BACKGROUND:
On June 16, 2022, City Council meeting, Resolution 65-22 was adopted approving the FY 2022-23 Operating Budget, which included the Planning Director identified in the Personnel Allocations. With the recent departure of the Planning Director, and in consideration of the several directors we have seen in the Planning Department, staff is proposing updating the Planning Director the job description. Also, update the Employee Classification and Compensation Plan to Community Development Director.
DISCUSSION:
Upon evaluation of the needs of the Town and the difficulty all agencies are having in hiring and retaining staff, it is necessary that we update the Planning Director job description and change the classification to Community Development Director to attract and retain employees. In addition, staff would like to propose a 3-year tier signing bonus after each completed year. For the first year completed, the employee will receive $2,000, 2nd year completed $4,000, and 3rd year completed $6,000 for a total of $12,000 as long as the Community Development Director has a meet or exceeds performance evaluation.
AGENDA ITEM #4.J
S.R.
P.P.
Staff Report to City Council Page 2
Update Community Development Director Job Description
February 16, 2023
The revised job description more accurately described the functions of the Planning Director which includes elements of Planning, Building, Code Enforcement, and Sustainability, and is a more attractive title in the industry. Furthermore, the retention bonus is intended to motivate a person in this role to further their tenure with the Town. A retention bonus is not tied to PERS but is still an attractive benefit. Bonuses are becoming more common in local government searches to attract candidates in competitive job categories.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act.” 2023 CITY COUNCIL WORK PLAN:
To retain employees is part of the 2022 City Council Strategies. This action also aligns with our proposed 2023 Work Plan which describes re-evaluating our compensation philosophy.
FISCAL IMPACT:
The FY 2022-23 merit contingency budget will absorb the signing bonus and any other adjustments.
ATTACHMENTS:
1. Resolution-Job Description
2. Redline Planning Director job description
3. Resolution-Salary Schedule
RESOLUTION XX-23
RESOLUTION APPROVING CHANGES TO JOB DESCRIPTON FOR PLANNING
DIRECTOR AND CHANGE CLASSIFICATION TO COMMUNITY DEVELOPMENT DIRECTOR AND APPROVE 3-YEAR RETENTION BONUS AFTER EACH
SUCCESSFUL YEAR COMPLETED
WHEREAS, the Personnel Rules and Regulations and Employee Classification and Compensation Plan documents were last comprehensively reviewed and updated in 2006 and revised in 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016, 2018, 2021, 2022; and
WHEREAS, change the classification of Planning Director to Community Development Director employment position; and
WHEREAS, update the job description of the Planning Director to Community Development Director; and
WHEREAS, provide the Community Development Director a 3-year retention bonus to be rewarded after each successful year of service with a meets or exceeds performance evaluation; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that the description of the typical duties and responsibility, training, experience, and other qualifications required for said position, more particularly set forth in Attachment A, attached, is made a part hereof, and are hereby approved and adopted.
BE IT FURTHER RESOLVED that the City Council of the Town of Los Altos Hills hereby approve the Community Development Director job descriptions.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills as a regular meeting held on 16th of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: __________________________
Linda Swan, Mayor
ATTEST:
________________________
Deborah Padovan, City Clerk
Attachment 1
POSITION DESCRIPTION
TOWN OF LOS ALTOS HILLS
PLANNING COMMUNITY DEVELOPMENT DIRECTOR
Reports To: City Manager FLSA: Exempt
Supervises: Planning, and Building Department, and Code Enforcement Staff Position Description:
Under the general direction of, and at the will of the City Manager, directs the Town’s Planning and Building Departments; coordinates the development review process to assure compliance with planning and building requirements; attends meetings of the City Council, Planning Commission, and appropriate committees as necessary; serves as Hearings Officer for Site Development and Fast Track hearings; prepares and/or coordinates preparation of long-range planning efforts, including General Plan updates, formulation of policies and ordinances, and special studies as directed; interprets, implements and enforces General Plan and Planning related codes and ordinances; engages in considerable public contact regarding zoning, site development, and subdivision standards and other planning issues; coordinates with other planning agencies; manages the building activity including plan check, permitting, inspection, and all aspects of our fee collection, manages the triennial building code amendment process and any related reach codes; streamlines and implements rebates as necessary to expedite and encourage applicants going through the building review process; and managed all aspects of Code Enforcement related to building, planning and nuisance reporting; also coordinated efforts related to sustainable building and GHG emission tracking practice; and performs related duties as required.
Examples of Duties:
• Organizes and coordinates all planning activities of the Town; processes and reviews all administrative and discretionary land use applications. • Oversees all building activities of the Town and coordination with the planning development process.
• Maintains program to enforce Town planning, zoning, and building laws. • Reviews and makes written recommendations to the Planning Commission and City Council on discretionary land use requests; makes field inspections of properties involved and presents applications and project requests to the Planning Commission and City Council. • Presides as Hearings Officer at Site Development and Fast Track hearings. • Conducts research and analysis on planning related topics; drafts recommendations; prepares policies, ordinance amendments, and General Plan amendments; presents studies and participates in discussion with sub-committees, Planning Commission, and City Council.
Attachment 2
PLANNING DIRECTOR
(Position Description, cont.) 2 Rev. 2/00
• Assists the Town staff, Planning Commission and City Council in keeping up-to-date with proposed legislation or development that may affect the community.
• Manages the Town’s Planning Department; oversees the selection of the Town’s planning consultants and manages their work.
• Prepares and monitors the Planning Department budget and the Building Department budget. • Manages and coordinates Planning and Building Department use of computers and other technology.
• Manages the building activity including plan check, permitting, inspection, and all aspects of our fee collection efforts which includes regular reporting of impact and user fees for compliance and best practices.
• Through the help of the building department manages the triennial building code amendment process and any related reach codes such as electrification and other related code requirement beyond the state minimum
• Streamlines and implements rebates as necessary to expedite and encourage applicants going through the building review process whether required by state of local requirements. • Managed all aspects of Code Enforcement related to planning, building, and nuisance related reports from residents,
• Manage the issuance of business licenses.
• Coordinated efforts related to sustainable building requirements and annual Green House Gas emission inventory.
Abilities
• Thorough knowledge of State and local planning and zoning standards, the California Environmental Quality Act (CEQA), the Subdivision Map Act, and current techniques of urban planning.
• Thorough knowledge of municipal and legal procedures regarding city planning and zoning. • Basic knowledge of relevant elements of civil engineering, economics, municipal finance and budgeting, sociology, and architecture as they apply to urban planning. • Ability to establish and maintain effective working relationships with staff, Town officials, and the general public.
• Ability to analyze data and to read and understand development plans. • Ability to produce complex planning studies and to formulate recommendations for planning standards and the development of General and area wide plans. • Ability to visualize and use sound judgment in evaluating future developments. • Ability to express ideas effectively, orally and in writing. • Ability to operate a personal computer, including word processing and database management.
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PLANNING DIRECTOR
(Position Description, cont.) 4 Rev. 2/00
Qualifications
• Graduation from an accredited four year college or university, with major course work in urban planning, geography, architecture and/or related fields. • Master’s degree in city planning or related field, and certification (American Institute of Certified Planners) desirable.
• Experience with building, engineering or community development departments desirable. • Five years experience in a supervisory position in urban or environmental planning, preferably with a public agency or agencies.
• Substantial experience in dealing with diverse public and private interests in the planning and development process.
• Possession of a valid Class C California drivers license.
RESOLUTION XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS APPROVING THE FY 2022-23
AMENDED SALARY SCHEDULE
WHEREAS, the City Council of the Town of Los Altos Hills approved the FY 2022-23 Budget by way of Resolution 65-22 on June 16, 2022; and
WHEREAS, the California Public Employees Retirement System (CalPERS) requires that the governing board of each participating agency approve the agency’s salary schedule on an annual basis; and
WHEREAS, the City Council of the Town of Los Altos Hills now desires to remove the Planning Director classification and replace it with classification Community Development Director and keep the salary range as previously stated for the Planning Director; and NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby resolve to approve the amended FY 2022-23 Salary Schedule.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on 16th of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Linda Swan, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Attachment 3
Minimum Maximum Minimum Maximum
City Manager-Set by Contract $ 236,000 $ 236,000
Assistant to the City Manager $ 123,803 $ 167,135
Management Analyst II $ 104,152 $ 140,606
Management Analyst $ 89,810 $ 121,244 $ 43.18 $ 58.29
Senior City Clerk $ 133,323 $ 179,987
City Clerk $ 114,965 $ 155,202
Admin Clerk/Technician $ 71,913 $ 97,083 $ 34.57 $ 46.67 Administrative Services Director $ 174,932 $ 236,159
Finance Manager $ 123,803 $ 167,135
Senior Accountant $ 114,965 $ 155,202
Accountant $ 94,357 $ 127,381 $ 45.36 $ 61.24
Accounting Technician $ 85,482 $ 115,401 $ 41.10 $ 55.48 Accounting Office Assistant $ 73,711 $ 99,510 $ 35.44 $ 47.84 Planning Director Community Development $ 174,932 $ 236,159 Principal Planner $ 126,899 $ 171,314
Senior Planner $ 109,425 $ 147,723
Associate Planner $ 94,357 $ 127,381 $ 45.36 $ 61.24
Assistant Planner $ 81,363 $ 109,841 $ 39.12 $ 52.81
Admin Clerk/Technician $ 71,913 $ 97,083 $ 34.57 $ 46.67 Building Official $ 114,965 $ 155,202
Deputy Building Offician/Plan Examiner $ 109,212 $ 147,432 Senior Building Inspector $ 94,357 $ 127,381 $ 45.36 $ 61.24 Building Technician $ 75,554 $ 101,998 $ 36.32 $ 49.04
Building Inspector $ 81,363 $ 109,841 $ 39.12 $ 52.81
Public Works Director & City Engineer $ 174,932 $ 236,159 Utility Engineering Manager $ 133,323 $ 179,987
Senior Civil Engineer $ 120,785 $ 163,059
Associate Engineer $ 104,152 $ 140,606 $ 50.07 $ 67.60
Assistant Engineer $ 89,810 $ 121,244 $ 43.18 $ 58.29
Senior Maintenance Superintendent $ 126,899 $ 171,314
Maintenance Superintendent $ 109,425 $ 147,723
Maintenance Worker III $ 73,711 $ 99,510 $ 35.44 $ 47.84 Maintenance Worker II $ 63,561 $ 85,808 $ 30.56 $ 41.25 Maintenance Worker I $ 54,809 $ 73,991 $ 26.35 $ 35.57
Community Services Manager $ 107,772 $ 145,488
Community Services Supervisor $ 89,810 $ 121,244 $ 43.18 $ 58.29 Recreation Specialist $ 57,583 $ 77,737 $ 27.68 $ 37.37 salary
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FY22-23 Salary Schedule
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TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL RECRUITING SERVICES FOR THE
COMMUNITY DEVELOPMENT CLASSIFICATION IN THE
AMOUNT NOT TO EXCEED $30,000 AND APPROPRIATE
$30,000 FROM THE UNRESERVED GENERAL FUND
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
1. Approve resolution approving and authorizing the City Manager to execute an agreement for professional recruiting services in an amount not to exceed $30,000.
2. Appropriate $30,000 from the Unreserved General Fund.
BACKGROUND:
The Planning Director submitted her resignation on January 17, 2023, effective January 31.
To expedite and ensure a thorough search for the best qualified candidate, staff is recommending the hiring of a professional recruiter.
Staff will reach out to at least three experienced recruiting firms that specialize in public sector executive recruitments. Upon receipt and evaluation of proposals, the City Manager will select a recruiter for recruiting services not to exceed $30,000.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCIL WORK PLAN:
This request was not part of the Council’s priorities for 2022.
AGENDA ITEM #4.K
S.R.
P.P.
Staff Report to City Council Page 2
Recruiting Services
February 16, 2023
FISCAL IMPACT:
The recruiting services costs are not part of the FY2022-23 Operating Budget, therefore, it is necessary to request an appropriation of $30,000 from the unreserved General Fund.
ATTACHMENTS:
1. Resolution
RESOLUTION No. ____
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER
TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT FOR THE PURPOSE OF RECRUITING A
COMMUNITY DEVELOPMENT DIRECTOR
WHEREAS, the Town of Los Altos Hills has a need for the services of an executive recruiter; and WHEREAS, the Town of Los Altos Hills has a need to initiate this recruitment quickly to minimize any disruption to the Town’s Planning, Building, and Code Enforcement services; and NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby authorize the City Manager on behalf of the Town to execute an Agreement between the Tow of Los Altos Hills and an executive search firm for an amount not to exceed $30,000.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: MOTION TO RE-AUTHORIZE REMOTE TELECONFERENCE
MEETINGS OF THE LEGISLATIVE BODIES OF THE TOWN OF LOS
ALTOS HILLS, INCLUDING ALL ASSOCIATED COMMITTEES,
DUE TO THE IMMINENT RISKS TO THE HEALTH AND SAFETY
OF ATTENDEES AND MAKING RELATED FINDINGS PURSUANT
TO AB 361
FROM: Steve Mattas, City Attorney
RECOMMENDATION:
It is recommended that the City Council of the Town of Los Altos Hills (“Council”), on behalf of itself and Town Committees make a motion, pursuant to the authority set forth in AB 361 (Government Code Section 54953[e][1]), to re-authorize remote teleconference meetings of all legislative bodies of the Council, including all associated agencies, authorities, and committees, and make related findings pursuant to AB 361.
BACKGROUND:
On September 16, 2021, the Council approved a motion to continue conducting all legislative body meetings through teleconference and made required findings pursuant to AB 361 [Government Code Section 54953(e)(1)]. On October 21, 2021, the Council approved a resolution to continue conducting Council meetings, and all associated committee meetings, remotely due to an ongoing state of emergency and imminent risks to the health or safety of attendees if the meetings are held in person. The Council made findings that the requisite conditions exist for the legislative bodies of the Commission to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Pursuant to Government Code Section 54953(e)(3), in order for all legislative bodies to continue meeting remotely, the Board must declare every 30 days that:
1. The legislative body has reconsidered the circumstances of the state of emergency; and
2. Either the state of emergency continues to directly impact the ability of the members to meet safely in person, or State or local officials continue to impose or recommend measures to promote social distancing.
The Governor’s State of Emergency, declared on March 4, 2020, is ongoing. On March 19, 2020, the Council proclaimed a local emergency due to the COVID-19 pandemic and has continued to confirm the existence of a local emergency.
AGENDA ITEM #4.L
Staff Report to City Council Page 2
Motion to Re-Authorize Remote Teleconference Meetings (AB 361) January 24, 2023
Due to the continued threat of COVID-19, the Council continues to implement multiple layers of protection against COVID-19, including physical distancing, for the safety of employees and members of the public. The Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six (6) feet from others outside of the household. Because of the rise in cases due to the Delta variant of COVID19, the Council is concerned about the health and safety of all individuals who intend to attend meetings of the Town’s legislative bodies, including City Council and advisory body and committee meetings. The ongoing state of emergency related to COVID-19, as declared by the Governor and the City Council, continues to directly impact the ability of members of the legislative bodies of the Council to meet safely in person, due to imminent risks to the health and safety of attendees if the meetings are held in person.
DISCUSSION:
It is recommended that the Council, on behalf of itself and its committees, make a motion, pursuant to the authority set forth in AB 361 (Government Code Section 54953[e][1]), to re-authorize remote teleconference meetings of all legislative bodies of the Council, including all associated advisory bodies, agencies, authorities, and committees, due to the ongoing state of emergency and imminent risks to the health and safety of attendees if the meetings are held in person.
FISCAL IMPACT:
There is no additional fiscal impact to continue remote teleconference meetings.
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: ADOPTION (SECOND READING) OF ORDINANCE 608 AMENDING TITLE 2, CHAPTER 6 OF THE LOS ALTOS HILLS MUNICIPAL CODE
ADDING CONFLICT OF INTEREST DESIGNATIONS
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Waive second reading and adopt Ordinance 608 (Attachment 1),
BACKGROUND
On January 24, 2023, the City Council voted unanimously to waive reading and introduce the proposed ordinance to amend the Los Altos Hills Municipal Code; Title 2, Administration, Chapter 6 - Conflict of Interest. The ordinance is now presented for its second reading.
ENVIRONMENTAL REVIEW
The proposed ordinance amendments are exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance amendments would not have any significant effects on the environment.
2022 CITY COUNCIL STRATEGIC PRIORITIES
This request was not part of the Council’s priorities for 2022. However, the proposed amendments resonate with City Council’s value/priority area, “Promote Public Safety”.
FISCAL IMPACT:
There is no fiscal impact associated with this proposed ordinance.
ATTACHMENTS:
1. Proposed Ordinance 608
2. January 24, 2023, Staff Report to the City Council
AGENDA ITEM #4.M
P.P.
Ordinance Page 1
ORDINANCE 608
ORDINANCE OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AMENDING TITLE 2, CHAPTER 6
OF THE LOS ALTOS HILLS MUNICIPAL CODE REMOVING CONFLICT OF
INTEREST DESIGNATIONS
WHEREAS, the Political Reform Act requires every local government agency to review its conflict-of-interest code to determine if it is accurate or, alternatively, that the code must be amended; and
WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:
1. Chapter 6 of Title 2 of the Los Altos Hills Municipal Code is hereby amended to read as follows:
CONFLICTS OF INTEREST
2-6.01 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following provisions constitute the Conflict-of-Interest Code for the Town of Los Altos Hills. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this Code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest.
2-6.02 Incorporation of Model Code
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission is hereby incorporated herein by reference.
2-6.03 Designated Positions and Disclosure Categories.
The positions listed in this Section 2-6.03 are designated positions. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.
Designated Position Category
City Engineer/Public Works Director 1
Attachment 1
Ordinance Page 2
Senior Engineer 1
Associate Engineer 1
Assistant Engineer 1
Director of Planning 1
Senior Planner 1
Associate Planner 1
Assistant Planner 1
Building Technician
Planning Technician
1 1
Administrative Services Director 1
Finance Manager
Management Analyst I
1 1
City Clerk 1
Assistant to the City Manager 1
Building Official 1
Deputy Building Official/Plan Examiner 1
Community Services Manager
Community Services Supervisor
Administrative Clerk/Technician
1 1
1 Consultants 2
Category 1: Persons in this category shall disclose all of the following interests:
investments, interests in real property located either wholly or partially within the Town or within 2 miles of the Town’s boundaries, business positions and income—including loans, gifts and travel payments—from all sources.
Consultant Disclosure Category 2: Consultants shall disclose all of the interests required to be disclosed pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this Chapter. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection.
2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall become effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
Ordinance Page 3
INTRODUCED: January 24, 2023
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney
5270538.1
TOWN OF LOS ALTOS HILLS January 24, 2023
Staff Report to the City Council
SUBJECT: INTRODUCTION OF AN ORDINANCE (FIRST READING) AMENDING TITLE 2, CHAPTER 6 – CONFLICT OF INTEREST – OF THE LOS ALTOS
HILLS MUNICIPAL CODE REMOVING CONFLICT OF INTEREST
DESIGNATIONS
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Waive reading and introduce the proposed Ordinance Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code (“Ordinance”) as included in Attachment 1.
BACKGROUND
Pursuant to the Political Reform Act, all local government agencies are required by law to adopt a Conflict-of-Interest Code that includes provisions designating the positions within the agency that will be required to report certain financial interests, the manner of reporting those financial interests, and standards for when the employees, committee members, commissioners or designated consultants will be disqualified from participating in the making of certain decisions.
The Town’s Conflict of Interest Code is codified in Chapter 6 of Title 2 of the Municipal Code.
All employees, commissioners, committee members and consultants designated as filers in the Town’s Conflict of Interest Code must file conflict of interest disclosure statements using the Fair Political Practices Commission (“FPPC”) form Statement of Economic Interests (“Form 700”). (Gov. Code Section 87302). The Town’s Code does not designate the City Council, Planning Commission, City Manager, City Attorney, or Treasurer, but these positions are each required to file a FPPC Form 700 under Government Code section 87200.
Every two years the Town reviews and updates its Conflict-of-Interest Code. On October 20, 2022 the City Council adopted Ordinance 603, amending Title 2 of Chapter 6 of the Los Altos Hills Municipal Code, adding certain conflict of interest designations, including the Finance and Investment Committee, Environmental Design and Protection Committee, Pathways Committee, Open Space Committee, and Environmental Initiatives Committee, along with certain employee positions. The inclusion of the five Town committees was a voluntary action by the Town and is not required by law. Some committee members have expressed reservations about the designation of the committees in the Town’s Conflict of Interest Code. Based on these concerns, staff is recommending that Council further amend the Conflict of Interest Code to remove the standing committees. If the Council adopts the proposed ordinance, the previously designated standing committee members would not be required to file a FPPC Form 700.
AGENDA ITEM #5.A
S.M.
P.P.
Staff Report to City Council Page 2
Conflict of Interest Code Update
January 24, 2023
Even if these standing committee members are not required to file Form 700s under the Town’s Conflict of Interest Code, other state laws continue to apply to town officials and employees.
For example, Government Code Section 1090 prohibits town officials from participating in the making of a contract in which they have a financial interest. Also, the common law conflict of interest doctrine requires that Town officials not participate in a decision if the member does not believe that they can participate in the matter with "disinterested skill, zeal and diligence and primarily for the benefit of the public" rather than for a private interest, in which case the member should recuse themselves from the decision. Both Government Code Section 1090 and the common law doctrine against conflict of interests exist under state law and will continue to apply to committee members, along with the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, employees, among other positions.
If the City Council desires to adopt the recommended ordinance amendment, the City Council may desire to consider providing policy direction that any standing committee member who has a property interest, based on ownership of property within 1000 feet of any property, impacted by a decision continue to abstain from such a decision and that if a standing committee member has a financial interest in a decision or action by the standing committee that is distinguishable from the general public that the committee member abstain from the relevant decision.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2022 CITY COUNCIL STRATEGIC PRIORITIES
Amending the Code of Conduct was one of the Council’s 2022 Strategic Priorities. It was captured in the Key Project called “Increase Effective Use of Committees” and was identified as the milestone “Create Committee Norms.” The Conflict-of-Interest Code is a state requirement and is related to but separate from the Code of Conduct adopted separately by the Town.
FISCAL IMPACT
There is no fiscal impact associated with this proposed ordinance.
ATTACHMENTS
1. Proposed Ordinance Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code 5271620.1
Ordinance Page 1
ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AMENDING TITLE 2, CHAPTER 6
OF THE LOS ALTOS HILLS MUNICIPAL CODE REMOVING CONFLICT OF
INTEREST DESIGNATIONS
WHEREAS, the Political Reform Act requires every local government agency to review its conflict-of-interest code to determine if it is accurate or, alternatively, that the code must be amended; and
WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:
1. Chapter 6 of Title 2 of the Los Altos Hills Municipal Code is hereby amended to read as follows (with additions in double underline and deletions in strikethrough):
CONFLICTS OF INTEREST
2-6.01 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following provisions constitute the Conflict-of-Interest Code for the Town of Los Altos Hills. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this Code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest.
2-6.02 Incorporation of Model Code
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission is hereby incorporated herein by reference.
2-6.03 Designated Positions and Disclosure Categories.
The positions listed in this Section 2-6.03 are designated positions. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.
Designated Position Category
City Engineer/Public Works Director 1
Attachment 1
Ordinance Page 2
Senior Engineer 1
Associate Engineer 1
Assistant Engineer 1
Director of Planning 1
Senior Planner 1
Associate Planner 1
Assistant Planner 1
Building Technician
Planning Technician
1 1
Administrative Services Director 1
Finance Manager
Management Analyst I
1 1
City Clerk 1
Assistant to the City Manager 1
Building Official 1
Deputy Building Official/Plan Examiner 1
Community Services Manager
Community Services Supervisor
Administrative Clerk/Technician
1 1
1 Finance and Investment Committee Members 1
Environmental Design and Protection Committee
Members
1 Pathways Committee Members 1
Open Space Committee Members 1
Environmental Initiatives Committee Members 1
Consultants 2
Category 1: Persons in this category shall disclose all of the following interests:
investments, interests in real property located either wholly or partially within the Town or within 2 miles of the Town’s boundaries, business positions and income—including loans, gifts and travel payments—from all sources.
Consultant Disclosure Category 2: Consultants shall disclose all of the interests required to be disclosed pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this Chapter. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection.
2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Ordinance Page 3
3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall become effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney
5270538.1
1 TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING CITY COUNCIL WORK PLAN FOR 2023 FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution approving the City Council Work Plan for 2023 BACKGROUND:
At the January 25, 2023 City Council Priority Setting Session, staff presented a proposed Work Plan for 2023. At the meeting Council was given the opportunity to add items to the Work Plan.
By a process of voting, the City Council elected to include the following projects for 2023:
1. Implement Reach Codes for remodels (outreach, new Ordinance, and enforcement); and
2. Continue work on the Pathways system. Specifically, initiating a multi-year plan to finish Pathway system design, and initiating construction on next 3.6 miles of pathways To accommodate these projects in 2023, staff removed the following items from the workplan:
1. Adobe Creek Sewer Line improvement project
2. Addressing Fire Code Application in Town for Development (AMMR templates) Further, staff informed Council that additional resources would be needed in 2023 such as consultants, staffing, and funding to make progress on the projects that were added to the plan.
Staff stated that they would return to Council with a request for these additional resources at a subsequent meeting.
Moving forward, should Council direct staff to take on additional projects throughout the year that are not identified on the work plan, staff will assess their bandwidth and let the Council know if the new project can simply be accommodated or if a reprioritization of projects will need to take place which may include the request for additional resources.
Around six months from adoption, staff will present a mid-year progress report to Council going into detail on the current status of the projects in the matrix and a final report will be given at the end of the year.
AGENDA ITEM #4.N
C.E.
P.P.
Staff Report to City Council Page 2
2023 Work Plan Adoption
February 16, 2023
ENVIRONMENTAL REVIEW:
Adopting the 2023 Work Plan is exempt from California Environmental Quality Act (CEQA) due to this work not being defined as a “project” under CEQA.
FISCAL IMPACT:
Adopting the 2023 City Council Work Plan does not have any direct financial impacts. Projects identified in the plan that fall outside of the City Manager’s signing authority will come before the Council throughout the year for approval and budget appropriation.
ATTACHMENTS:
1. Resolution
2. RPMG Report
3. 2023 Work Plan Report
Resolution __ -22 Page 1
RESOLUTION __ -22
RESOLUTION APPROVING CITY COUNCIL WORK PLAN FOR 2023
WHEREAS, at the beginning of each year the City Council engages in a priority setting session to create a work plan for the year ahead; and
WHEREAS, staff assembles a proposed work plan taking into consideration projects that Councilmembers, Committees, and Staff would like to accomplish each year; and WHEREAS, the Work Plan consists of both mandated projects that are required to be completed by the County, State, and Federal governments, as well as other highly desired projects; and WHEREAS, on January 25, 2023 staff presented a proposed work plan for 2023; and WHEREAS, through deliberation the City Council and staff amended the work plan to accommodate the views of the Council and the bandwidth of staff.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby approves of the attached Council Work Plan for 2023.
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 16th of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Linda Swan, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1
2023 PRIORITY SETTING
SESSION REPORT
Town of Los Altos Hills
Report Prepared
by: Renne Public
Management
Group
Attachment 2
1 2023 Priority Setting Session
Final Report
Introduction
The City Council of Los Altos Hills conducts an Annual Priority Setting to provide direction to staff on priorities for the coming year and beyond, and to hear from the public on their interests and concerns related to priorities for the Town and its residents. The Priority Setting process ensures that Council, Committees and staff are all aligned on where time and resources should be focused. The 2023 Priority Setting Session was held on January 25 in the Council Chamber, with Mayor Swan presiding over the public meeting.
City Manager Peter Pirnejad and members of the executive team were also present at the meeting, which was facilitated by Dan Rich and Nelson Fialho from the Renne Public Management Group (RPMG). Ultimately, a work plan with 47 projects and 92 milestones, including two projects added at the session, was endorsed by the Council and is attached as Exhibit A to this report. Details about the session follow.
Background
Planning for the session began long before January 25. The effort started in early September with the help of Frank Benest, ICMA Executive Leader, who worked with staff to build a process to collect and consider all the priorities from the various stakeholders. This effort was followed by the City Manager meeting with the Planning Commission and all the City’s standing committees to discuss the process and ask them to develop a list of desired priority projects for 2023. Subsequently, Dan Rich held one-on-one meetings with each member of the Council to discuss their priorities for the year.
Staff went through an organized process to determine the proposed priorities for the year, including two half day work sessions. In doing so, they considered mandates and carryover items from 2022, as well as new items identified by Council, committees and staff. From all those data points, staff developed a proposed work plan.
2 On January 11, the City Council held a special meeting to hear from the Planning Commission and standing committees on their 2022 accomplishments and proposed 2023 priorities. Then at the January 25th session, staff presented a work plan with 47 recommended projects, categorized in the following four Value areas (same as in 2022):
• Maintain Quality of Life and Community Character
• Promote Public Safety
• Increase Effective Service Delivery and Governance
• Protect and Maintain Infrastructure
The recommended work plan incorporated 23 of the 36 items proposed by standing committees (and four others can be worked on without staff time or funding from the Town). The presentation also included 21 “Parking Lot” items – projects that were desired but there were not sufficient resources to undertake.
Agenda
The agenda for the priority setting session was as follows:
Introductory Comments
Agenda Review and Context
Recommended 2023 Work Plan and How
Developed
BREAK
Council Questions and Initial Discussion
PUBLIC COMMENT
Identify Possible Changes to the Work Plan
LUNCH
Discussion of Critical Items NOT on the Work
Plan
PUBLIC COMMENT
Discuss and Vote on Changes to the 2023 Priorities
Staff Huddle to review added majority vote items and
resource implications
Recap and Next Steps
3 Ground Rules
After introductory comments by the City Manager, Dan Rich reviewed the agenda and reintroduced the following ground rules which were used in 2022 and endorsed by the Council for this year as well:
Listen with intention
Be constructive when providing feedback or asking questions Seek consensus
Recognize common interests
All voices matter
Respect differences
Recognize this discussion is about high-level activities in the community, not the day-to-day operations that take the majority of staff time and attention Enjoy the day and the conversation
Foundational Principles
Last year, staff created and presented the following foundational principles to the Council and public.
They were designed to acknowledge the importance of prioritizing, ensure clarity of roles, and to focus staff work with the Council’s priorities. The Council supported these again for 2023. They include:
If everything is a priority, nothing is a priority
At the department level, most of the day-to-day operations take up 85-90% of organizational capacity
Upcoming budget allocations need to be aligned with the Council’s Priority Policies and the related key projects
The City Council is accountable for providing strategic direction and policy guidance, approving budget and staffing resources, and not adding new priorities without eliminating other priorities
Top management is accountable for committing to a few in-progress and new projects for each of the Council’s Priority Policies, recommending resources needed, identifying reasonable timelines, achieving key milestones, and recommending adjustment along the way.
This is achieved by the Council directing the City Manager on the priorities to advance a consensus of the Council. The City Manager then works with staff to accomplish Council priorities.
Following endorsement of the Foundational Principles, Nelson Fialho briefly discussed some of the trends being seen across the local government landscape, such as adjusting to the Covid/post Covid world, dealing with financial and infrastructure strains, and recruitment and retention issues. The context of this overview was to provide an awareness and understanding of the City’s ongoing challenges within the greater landscape of new and emerging issues impacting all local government in 2023. Additionally, these new and emerging policy issues could impact City’s ability to implement the work plan in a timely manner.
4 Review of the 2023 Work Plan
The City Manager provided a recap of the 2022 Council priorities and achievements and then went through a detailed presentation of the proposed 2023 work plan, walking through the recommended items, the parking lot, and the committee projects. The City Manager also reviewed the committee goals. The City Manager noted that 43% of the projects on the work plan came from the committees and that 75% of what they prioritized was included in the proposed 2023 work plan.
During the discussion of this section, it was acknowledged that two of the Emergency Preparedness and Response Committee’s items (Develop a public speaker series on Emergency Preparedness topics and Assist LAH neighborhood groups with emergency preparedness) could start on their own without staff support. It was also noted that one of the History Committee items, that wasn’t listed was understood to be included in the “New Community Events” item.
Staff also clarified that they would add “Water Heaters” to the conversion of the Town Gas Powered HVAC System to Heat Pumps.
Council Dialogue and Public Comments
After initial questions and discussion of the proposed work plan, public comments were solicited.
The consultants then facilitated a multi-step process for the Council to consider possible additions to the work plan, including a review of the “parking lot” and committee items not proposed to be worked on.
The following nine items were identified and discussed by Council, with another opportunity for public input before the Council went through a “dot” voting exercise:
• Reach Code
• Pathways
• Fence Ordinance
• Green Sheets
• Sewer Rates
• ADU Incentives
• Broadband
• Legacy Giving
• Gas Shut Off Valves
• Emergency Preparedness Outreach
It was noted that if the Council majority
directed staff, the Town could promote
voluntary installation of gas shut off valves
through public information. In response to a
public comment, it was suggested that the
Town write a letter to the League of
California Cities to express concerns with the
erosion of local control and their efforts to
protect it.
5 Changes made to the 2023 Work Plan
Council votes led to two items receiving majority support for addition to the work plan. Had Councilmember Tankha been able to attend, it might have impacted the list of items getting majority support. She was given an opportunity to share her views at the February 16 Council meeting before final adoption of the work plan.
Following the January 25th Goal Setting meeting, City Manager Pirnejad met Councilmember Tankha and it was determined that she would prefer to have a study session on the goals described as “Green Sheets” and “Legacy Giving.” She agreed with the other priorities but felt she needed more information prior to advancing any additional projects. She agreed to agendize these in future Council meetings through “Council Initiated Items” process.
Staff huddled after the Council voting to assess what tradeoffs would need to be made to incorporate the items Council wished to add, looking at the workload, and what was a mandate, for the staff impacted by the new items. After staff discussion, the following changes were recommended:
Items Added
• Reach Code –
o Conduct outreach
o Draft an ordinance
o Recruit for a Building Official to enable enforcement • Pathways –
o Initiate a study to develop a multi-year plan for building out the entire pathway network
o Begin construction on the next phase (3-3.6 miles)
Items Removed
• Adobe Creek improvements was removed from the Sewer CIP project that will remain. • Addressing Fire Code in Town for Development (AMMR) – it was noted that residents can still go directly to the Fire consultant, Shane Lawederdale, for consultation on their own if they choose.
Exhibit A includes the updated 2023 Work Plan with these changes.
Staff will begin working on the plan and will seek budgetary funding for specific projects on the plan during the 2023/24 Budget Process. The staff will also update the City Council on the status of each project within the plan at the regularly scheduled City Council meeting in approximately 6 months. It was also noted that there is a process for new items to be added during the year, through Councilinitiated items, and if there was support for something new, staff would come back to Council with the implications of the addition. The Council priority setting session concluded at approximately 3:00 after a recap and discussion of next steps by the City Manager.
CITY COUNCIL STRATEGIC PRIORITIES IMPLEMENTATION PLAN
as of 2/6/2023
Adopt Housing Element Q1 PlanningSend second Draft to State Q1 PlanningAward contract for a consultant Q1 PlanningConduct Study Session/Public Outreach Q2 PlanningConduct Public Hearings Q3 PlanningAdopt revised zoning ordinance Q4/Jan 31, 2024 Planning Award contract for EIR Q1 PlanningComplete Technical Studies & Reports for EIR Q2 Planning Conduct Public Hearings ‐ Planning Commission and City Council for EIR adoption Q3 Planning
Conduct Study Sessions/ Public Outreach Q1 PlanningConduct Planning Commission public hearing on permanent Ordinance ‐ PC making recommendation to the City Council Q2 Planning Adopt SB9 ordinance Q3 Planning
Master fee schedule updates ‐ ADU fee waiver,fully burdened rates, geo tech Present to City Council for approval during mid year adjustment Q1 Planning No Implement Rebates Q4 PlanningComplete all home assessments Q4 Planning Promote water conservation incentives Q4 PlanningProvide Council incentive options for electrification conversions Q4 Planning Conduct outreach Q4 PlanningDevelop Ordinance Q4 PlanningRecruit for a Building Official to enable enforcement Q4 PlanningLaunch Outreach plan and conduct community outreach Q4 CMtransition of Town's leaf blowers to electric Q4 PWGrand Reopening of Town Hall Q1 Com Services TEDxLosAltosHills Q1 Com Services
Prop 68: Ribbon Cutting and Food Truck Social Q2 Com Services Newcomers Events Q1 Com Services
Food Truck and Movie Night Q3 Com Services
Spring Summer Q1 Com Services
Fall Winter Q3 Com Services
Vicotria Dye Equestiran Concessinaire Agreement Q1 Com Services Little League Q2 Com Services
LEGENDEnvironmental/Sustainability
$ New Budget Resources Required
Amendments to Land Use Element and MunicipalCode to add Multi‐family zone (Housing Element implementation) No
POLICY VALUE STATEMENT: Better leverage healthy relationships with community members and maintain rural atmosphere in Town Housing Element $X No
VALUE/PRIORITY AREA: Maintain Quality of Life and Community Character NEW
$ Mandate KEY PROJECTS/INITIATIVES MILESTONES FOR 2023 QUARTER OF COMPLETION LEAD DEPARTMENT MULTI‐YEAR PROJECT? XXX
$$$$
X
$$
Permanent SB9 OrdinanceContinue to Implement Climate Action Plan No
CEQA for Zoning Ordinance
No
Manage New Community Events
No
Implement Leaf Blower Ordinance
Yes
Reach Codes
No
Yes
No
Bi‐Annual Activity Guide
Contract Renewals
No
Attachment 3
CITY COUNCIL STRATEGIC PRIORITIES IMPLEMENTATION PLAN
as of 2/6/2023
Automatic License Plate readers Conduct 1 year review of system Q1 CM No $ Sheriff's Contract Review Analyze Contract Options Q1 CM No Conduct an emergency drill with outside agencies Q1 CM
Receive Council direction on how to work with Fire District on wild fire prevention including enhanced communication during emergencies and road hardening
Q3 CM
Participate in Fire Service Review Participate in county/LAFCO review Q4 CM Yes Enhance Public Safety Programs Receive council direction on how to enhance crime prevention programs Q2 CM No $ X Update Safety Element
Prepare Draft Safety Element in consultation with County Fire; Planning Commission Public Hearing; explore evacuation plan including CalTrans 280 egress
Q3 Planning Yes
LEGENDEnvironmental/Sustainability
$ New Budget Resources Required
Continue Emergency Prep
$ No
VALUE/PRIORITY AREA: Promote Public Safety
NEW
$ Mandate KEY PROJECTS/INITIATIVES MILESTONES FOR 2023 QUARTER OF COMPLETION LEAD DEPARTMENT MULTI‐YEAR PROJECT? POLICY VALUE STATEMENT: Maintain the high level of public safety in the Town.
CITY COUNCIL STRATEGIC PRIORITIES IMPLEMENTATION PLAN
as of 2/6/2023
Standing Committee Resolution Q3 CM
Code of Conduct Q3 CMReceive Direction on Form 700 Q1 CM Conduct analysis of Permit Fees Q2 ASDDistribute refunds if necessary Q2 ASD Enter into contract with vendor to complete cost allocation and fee study
Q4 ASD
Update employee handbook Q3 ASDReceive direction from Council on a compensation philosophy to retain employees and enhance workplace culture Q4 CM
$ Review the Town staff classification structure & plan for growth Onboard consultant to complete an organizational assessment Q4 CM No Adopt FY 2023‐24 Budget Q2 ASD
Adopt FY 2023‐24 Interim and Final Audit Q4 ASD
Adopt FY 2022‐23 Mid Year adjustment Q1 ASD
$ Upgrade of the Council Chambers Audio/Video System Research, Award contract and Install new AV system in Chamber Q1 Clerk No $ Launch Quarterly Newsletter Publish Quarterly Newsletter Q4 Clerk Yes $ IT Services RFP Advertise and Award Contract for IT Services Q2 ASD No Adopt Travel Policy Q3 ASD
Adopt Financial Policy* Q3 ASD
Adopt Tabling Policy Q1 Com Services
Adopt an IT retention policy/IT Policy Q1 ASD
Enable eTRAKiT for Planning projects Q1 Planning
Enable eTRAKiT for Building permits Q1 Planning
$ Update GIS Database Show all easements in Town GIS Q1 Planning No $ Launch Technologies that Promote Community Engagement Launch Community engagement platform Q1 Clerk No Hold an annual Committee/Commission Chair Roundtable Q1 Clerk Hold an annual City Council meeting with Committees Q1 Clerk Software to assist in organizing terms for
committee members, including historical data
Launch technology to manage committees Q1 Clerk No
Host Community Events Host the Volunteer Dinner Q3 Clerk No Transition to New City Clerk Prepare Desk Procedures Q3 Clerk No $ New Our Town Contract and Process Create Process and Award Contract Q2 Clerk No $ Public Access Programming (KMVT Agreement) Execute contract with KMVT and implement service Q1 CM No $ Preservation of Institutional Knowledge and Standardization of Procedures Implement software solution Q1 PW No LEGENDEnvironmental/Sustainability
$ New Budget Resources Required$$$$
X
VALUE/PRIORITY AREA: Increase Effective Service Delivery & Governance NEW
$ Mandate KEY PROJECTS/INITIATIVES MILESTONES FOR 2023 QUARTER OF COMPLETION LEAD DEPARTMENT MULTI‐YEAR PROJECT? POLICY VALUE STATEMENT: Advance Town operations to better serve the community No
X
Audit Permit Fees and Issue Refunds if Necessary
No
Increase Effective Use of Committees
No
Improve Employee Attraction and Retention
FY 2023‐24 Financial Documents
No
Online Application intake
No Increase Effective Use of Committees
No
X No
Create Town Policies
CITY COUNCIL STRATEGIC PRIORITIES IMPLEMENTATION PLAN
as of 2/6/2023
$ Complete 2022 10 Pathway Segments Design, bid, Construct Q2 PW No Complete multi‐year plan to finish pathway system design Q4 PW Construct next 3.6 miles of pathways Q4 PW
Complete the Broadband Feasibility Study with GovTech Group / exploring 5G Q2 CM
Update the Wireless Telecom Facility Ordinance to maintain local control to the greatest extent possible Q2 CM
Complete Battery Energy Storage System (BESS) project Q4 CM Yes Initiate SVCE Decarbonization Grant Q4 CM YesDetermine Ph.2 Town Hall Improvement Plans* Q2 CM No $ Equipment Purchases Complete purchases. Bucket/boom truck replacement Q4 PW No X Storm Water Annual Report (SCVURPPP) Complete Annual Report Q3 PW No Finalize construction documents and specs Q2 PWCompetitively bid, award, and start construction Q3 PW Finalize Construction Q4 PWFinalize Construction drawings and specs Q2 PW Start Construction Q3 PWFinish Construction Q4 PW
Remove cattails and sediments Q1 PW
Obtain permanent permit from water board Q3 PW
Finalize construction documents and specs Q2 PW
Competitively bid, award, and start construction Q3 PW
Finalize Construction Q4 PWProgress the 20A project (icebreaker) i.e. proactively engage PG&E TBD pending PG&E PW Provide undergrounding study TBD pending PG&E PW
LEGENDEnvironmental/Sustainability
$ New Budget Resources Required
Improvements to Town Facilities
$ Yes Improve Pathway System
VALUE/PRIORITY AREA: Protect & Maintain Infrastructure
NEW
$ Mandate KEY PROJECTS/INITIATIVES MILESTONES FOR 2023 QUARTER OF COMPLETION LEAD DEPARTMENT MULTI‐YEAR PROJECT? POLICY VALUE STATEMENT: Maintain and expand Town assets through new technology and processes 2023 Pavement and Storm Drainage Improvement
Yes
$
Yes
NoNoNoNo
2023 Sanitary Sewer CIP
$*
$
Broadband
$$
Continue work on Undergrounding Utilities
(dependent on PG&E)
Convert all HVAC to heat pumps and water heaters
at Town Hall and Council Chambers
Matadero Creek
$
February 17, 2023
League of California Cities
1400 K Street, 4th Floor
Sacramento, CA 95814-3916
Attn: President Ali Sajjad Taj
Dear President Taj,
Thank you for the work that CalCities does in support of towns and cities in California. Los Altos Hills strongly supports both the need to retain local land use decision-making authority for towns and cities and the need to provide adequate housing opportunities within the Town and throughout California. While the Town has demonstrated its support for these issues through the timely adoption of Housing Elements and very successful implementation of our Housing Element, the Town is concerned about state legislation that continues to limit local land use authority. Thus, we support that “retaining local decision-making” authority is a priority for CalCities. As we submit our 2023 annual dues we request that CalCities strengthen its effort on behalf of towns and cities to retain local authority including local land use authority.
Specifically, we request that:
• CalCities’ mission statement related to advocating for local control be adhered to at the highest level in all actions.
• CalCities advocate tirelessly for local control on the issues that matter most to California's 482 towns and cities.
• Recognize that a substantial number of cities and towns requested the Governor to veto SB 9; the effort needed sustained follow-up from CalCities. • Support the CalCities advocacy team that works with regional field staff and lawmakers to sponsor, draft, and support legislative and regulatory measures that promote local decision-making, and lobby against policy that erodes local control. • Form coalitions with other local government associations and stakeholders to advocate for common goals.
• Continue to fight for funding to support of state mandated affordable housing for low income and unsheltered residents.
• Prevent the State from using local governments for funding sources and revenue.
The Town of Los Altos Hills will closely monitor CalCities efforts in these areas as it considers future membership renewals.
Sincerely,
Linda Swan, Mayor
Town of Los Altos Hills
Enclosed Check
AGENDA ITEM #4.O
From:
To: Linda Swan
Cc: City Council; [email protected]; ; Deborah Padovan Subject: Agenda Item #4.O
Date: Tuesday, February 14, 2023 8:40:20 AM
Importance: High
RE: Los Altos Hills Council Agenda
February 16, 2023
RE: Agenda Item #4.O
Dear Mayor Swan and Council:
Thank you for your excellent letter to the League of California Cities strongly supporting local land use control and housing.
The retention of local decision making for cities is a priority and must be advocated in the Leagues expressed mission.
Our Town’s dues payment to the League must be linked to continuing to see that the League demonstrates and advocates for local control.
The letter clearly expresses the monitoring of CalCities efforts as it relates to its mission and future dues payments.
Kind thanks,
Duffy Price
Los Altos Hills
Supplemental No. 1
AGENDA ITEM #4.O
Distributed 2/14/23
1 TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A CHANGE ORDER WITH SYSERCO
ENERGY SOLUTIONS FOR THE CONSTRUCTION OF A FENCE FOR
THE BATTERY ENERGY STORAGE SYSTEM CIP AT TOWN HALL IN
THE AMOUNT OF $24,750
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution approving a change order with Syserco Energy Solutions for the construction of a fence for the Battery Energy Storage System (BESS) CIP at Town Hall in the Amount of $24,750.
BACKGROUND:
On June 20, 2019, the City Council adopted Resolution 39-19 which approved the FY 2019-20 Operating and Capital Budget (Attachment 2). The resolution included a Capital Project to replace the existing emergency back-up generator at Town Hall. Following the approval, staff began researching the back-up power needs of Town Hall to determine the best approach for replacing the generator. Staff soon discovered that the electrical components and connections in the electrical room that serve Town Hall were outdated and would need to be improved prior to beginning any work on the generator. In addition, the Town Hall electrical service was near capacity and any future additional load demand would trigger the need for an electrical service panel upgrade.
On September 17, 2020, the City Council awarded the architectural design services contract for Phase II of the Town Hall Addition Project to Noll & Tam Architects (Attachment 3). An electrical service panel upgrade was included in the scope of work for this project. Noll & Tam, with their subcontractor for electrical engineering work, O’Mahony & Meyer, worked with Town staff on remodel and electrical designs. The electrical needs of a potential remodel were taken into consideration during the design of the panel upgrade.
The original Emergency Generator Capital Project envisioned a replacement generator that was fueled by natural gas or a similar fuel. However, to align with the Town’s Reach Codes and to utilize grant money the Town was awarded, on May 20, 2021 the City Council revised the project to include backup batteries in order to possess the capability to use the existing photovoltaic system at Town Hall (Attachment 4). The project was then renamed the Town Hall Backup Energy Storage System CIP (BESS).
AGENDA ITEM #4.P
C.E.
P.P
Staff Report to City Council Page 2
BESS Change Order
February 16, 2023
At the same meeting, the City Council authorized separating the electrical service panel upgrade from the Phase II Town Hall Remodel Project and reassigned the work to the BESS Project so that the design work on the panel upgrade could continue.
Due to the expertise needed in designing a battery back-up system, on May 20, 2021 the City Council authorized the City Manager to enter into an agreement with Syserco Energy Solutions, Inc. (SES) a certified energy consultant, for the design and build of the back-up power system at Town Hall (Attachment 5). The Town utilized California Government Code Sections 4217.10- 4217.18 to eliminate the necessity of separately contracting the design and construction phases of the project, as well as it provided an exception from statutory competitive bidding requirements.
This exemption was necessary to meet the performance period of grant funding.
On October 21, 2021 the City Council received a report from Syserco detailing the proposed configuration of the BESS CIP. At this meeting, the City Council approved of the design and authorized the City Manager to execute an agreement with Syserco for the build construction of the project (Attachment 6). The City Council also appropriated an additional $250,000 for the electrical service panel upgrade which had been decided to be included as a part of the project.
The additional funding came from the Town’s allocated American Rescue Plan Act (ARPA) funds.
One piece of the project that remained unknown for some time was whether or not PG&E was going to require a new transformer to be installed as a part of the service upgrade. The Town submitted service upgrade plans to PG&E in May 2021 and was told that it would take 36 months for the plan to make its way through the PG&E review process. According to the Town’s Engineer, a new transformer could cost upwards of $300,000. To prepare for this potential expense, the City Council adopted the FY 2022-23 budget which allocated an additional $300,000 to the project as a placeholder; however, since May 2021 the Town heard back from PG&E and was given the good news that a new transformer was not needed for this project.
In the recent months, the electrical components for the system have been shipped to Town and are in storage at the Corp Yard, and construction has started onsite. A proposed schedule of the project can be seen in Attachment 7. The project is on-schedule to be completed before the end of the current fiscal year.
DISCUSSION:
When the work of the BESS was initially planned as a part of the Town Hall Remodel CIP, the design and construction of a fence was set to be handled by Noll and Tam Architects and whomever the winning contractor was to be for the Town Hall Remodel CIP. However, when the work on the BESS and panel upgrade got separated into its own CIP, the task of constructing a fence enclosure was mistakenly not included in the scope of work for Syserco.
A fence enclosure is needed to protect the BESS equipment. Syserco has told Town staff that they can construct a fence and submitted a change order in the amount of $24,750 for the work (Attachment 8).
Staff Report to City Council Page 3
BESS Change Order
February 16, 2023
According to the agreement between the Town and Syserco, all change orders need City Council approval. However, to avoid construction delays, the Public Works staff reviewed the proposal and preliminarily approved of the change order. Staff compared Syserco’s change order to an Engineers estimate for the same scope of work and the amount was well within reason (Attachment 9). Once the City Council approved of the change order, a final approved change order will be sent to the contractor.
A rendering of the fence can be seen in Attachment 10.
ENVIRONMENTAL REVIEW:
The proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303 of the CEQA Guidelines.
2023 CITY COUNCIL WORK PLAN:
Approval of this change order will help continue the work on the BESS project at Town Hall.
Completion of the BESS CIP is identified as one of the City Council’s goals for 2023.
FISCAL IMPACT:
The current agreement with Syserco has a do not exceed limit of $817,580. Funding for the projects totals $1,126,582, which includes two grants totaling $300,580 (CalOES grant for $250,000 and SVCE grant for $50,580), $250,000 from ARPA funds, and $576,000 from the general fund ($76,000 allocated on June 20, 2019, $200,000 allocated on February 18, 2021, and $300,000 allocated on June 16, 2022).
As mentioned previously, the placeholder $300,000 allocation made on June 16, 2022 is no longer needed due to PG&E letting the Town know a new transformer is not needed for the project.
The change order for the fence in the amount of $24,750 will increase the do not exceed limit of the contract to $842,330.00. Once the project is complete, staff will reconcile the allocated funds not used for this project and re-appropriate them to back to the unreserved general fund.
ATTACHMENTS:
1. Proposed Resolution
2. Resolution 39-19 – Adopting the FY 2019-20 Operating and Capital Budget
3. Resolution 52-20 – Awarding Town Hall Addition Contract
4. Resolution 25-21 – Revising CIP to Include Batteries
5. Resolution 31-21 – Entering into Agreement with Syserco
6. Resolution 78-21 – Approving the Configuration of the System
7. Tentative Schedule of the BESS CIP
8. Change Order for the Construction of a Fence
9. Engineer’s Estimate the Construction of a Fence
10. Mock-up Rendering of the Fence Enclosure
Resolution __ -22 Page 1
RESOLUTION __ -22
RESOLUTION APPROVING A CHANGE ORDER WITH SYSERCO ENERGY
SOLUTIONS FOR THE CONSTRUCTION OF A FENCE FOR THE BATTERY ENERGY STORAGE SYSTEM CIP AT TOWN HALL IN THE AMOUNT OF $24,750 WHEREAS, the City Council approved of the Battery Energy Storage System Capital Improvement Project; and
WHEREAS, the Town entered into an agreement with Syserco Energy Solutions for the design and build of the project with a do not exceed limit of $817,580; and WHEREAS, a change order to the contract in the amount of $24,750 is needed for the construction of a fence enclosure around the batteries and equipment; and WHEREAS, with this change order, the new do not exceed limit will be $842,330.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby approves of the change order with Syerco Energy Solutions for the construction of a fence for the Battery energy Storage system CIP at Town Hall in the amount of $24,750.
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 16th of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Linda Swan, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1
RESOLUTION 39- 19
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS ADOPTING THE FISCAL YEAR
2019- 20 APPROPRIATIONS LIMIT ANI,
THE FISCAL YEAR 2019- 20 BUDGET
WHEREAS, the City Council of the Town of .Los Altos Hills has received and completed its review of the proposed fiscal year 2019- 20 Operating and Capital Budget; and WHEREAS, the City Council of the Town of Los Altos Hills now desires to adopt the Appropriations Limit and budget for fiscal year 2019- 20.
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby resolve as follows:
I. The Gann Appropriations Limit as shown in Attachment 1 A is hereby approved; and II. The Operating and Capital Budget as shown in the attached budget document is hereby approved; and
A. The amount of the 2019- 20 fiscal year budget for each account area of the budget may be drawn upon in.the form of warrants issued for payment of demands and certified in accordance with the provisions of California Government Code Section 37208 and 37209.
B.. The budget is adopted and shall be controlled at the Fund level by department for the operating budget and at the project level for capital improvement projects.
C. The City Manager is hereby authorized to move budgeted dollars between departments for the operating budget) and between projects ( for the capital improvement budget) during the fiscal year ifthose transfers are from the same funding source and the overall cumulative appropriation is not increased.
D. The Administrative Services Director is hereby authorized to carry forward unspent appropriations to the 2019- 20 fiscal year if such funds are necessary to complete budgeted projects.
E. The Administrative Services Director is hereby authorized to make corrections to the budget as reflected in the attached budget document for errors or inconsistencies, without increasing overall appropriations from the same finding source.
F. The City Manager is hereby authorized to solicit bids on the open market for projects budgeted herein.
G. The Administrative Services Director shall periodically report to the City Council the amount and classification of revenue received and expenditures made. r H. A copy of the adopted budget, signed by the Mayor and attended to by the City Clerk, shall be kept on file with the City Clerk of the Town of Los Altos Hills, as the official budget of the Town of Los Altos Hills for the 2019- 20 fiscal year; Resolution 39- 19 Page 1
Attachment 2
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of June 2019 by the following vote:
AYES: Spreen, Wu, Corrigan, Tankha, Tyson
NOES: None
ABSTAIN: None
ABSENT: None
BY:
Roge preen, ayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 39- 19 Page 2
For City
Fiscal Year Jan 1 Population
2018- 19 2018 8, 720
2019- 20 2019 8. 785
ATTACHMENT 1A
Countywide
Population
1, 946, 697
1, 953, 180
a) Prior Year Appropriations Limit
b) Adjustment Fa percent ratio
1) Population Change 0. 75% 1. 007
Population in city or county? City
2) Cost of Living F 3. 850/. 1. 039
State CPI or % New non- residential? CPI
3) Combined adjustment factor 1. 046
c) Adjusted Limit
d) Alterations
e) Appropriations Limit - Current Year
a) Proceeds of Taxes 7, 218, 287
b) Exclusions 993, 018
c) Appropriations Subject to Limitation 6, 225, 269
d) Appropriations Limit ( current year) 7, 476, 088
e) Under ( Over) Limit 1, 250, 819
7, 476, 088
7, 476, 088
Resolution 39- 19 Pagc 3
Percentage
Change in
Per Capita
Factors for Personal
Fiscal Year Income published
Source: Calif Dept of Finance
2019- 20 E3.85% May 1, 2019
2020- 21 May 1, 2020
ATTACHMENT 1A
Countywide
Population
1, 946, 697
1, 953, 180
a) Prior Year Appropriations Limit
b) Adjustment F Fa percent ratio
1) Population Change 0. 75% 1. 007
Population in city or county? City
2) Cost of Living F 3. 850/. 1. 039
State CPI or % New non- residential? CPI
3) Combined adjustment factor 1. 046
c) Adjusted Limit
d) Alterations
e) Appropriations Limit - Current Year
a) Proceeds of Taxes 7, 218, 287
b) Exclusions 993, 018
c) Appropriations Subject to Limitation 6, 225, 269
d) Appropriations Limit ( current year) 7, 476, 088
e) Under ( Over) Limit 1, 250, 819
7, 476, 088
7, 476, 088
Resolution 39- 19 Pagc 3
RESOLUTION 52- 20
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN SERVICES CONTACT FOR PHASE 2 OF THE TOWN HALL ADDITION
PROJECT TO NOLL & TAM ARCHITECTS
WHEREAS, on November 20, 2019, the City Council approved the Town Hall Addition Project, which includes the conversion of the open patio behind the Council Chambers into a new 435 square -foot conference/ meeting room ( Phase 1), demolition of the 880 square -foot Parks and Recreation building and two large redwood trees, and an addition of 1, 960 square feet on the south end of Town Hall with a classroom space and additional employee offices ( Phase 2); and WHEREAS, on February 20, 2020, the City Council added The Town Hall Addition Project to the FY19- 20 capital projects list and appropriated $ 450,000 for the preparation of construction plans and specifications to have both phases of the Project ready to go out to bid; and WHEREAS, in order to prepare a full and complete set of construction documents that can be used to solicit bids for the Project, construction plans and specifications, and other related documentation needs to be prepared; and
WHEREAS, procurement of the professional services necessary to prepare the Project' s construction plans and specifications shall follow the requirements specified in Chapter 4 Purchasing System) of Title 2 ( Administration) of the Los Altos Hills Municipal Code; and WHEREAS, the Planning Director released a Request for Proposal for architectural design services for Phase 2 of the Town Hall Addition Project on July 24, 2020 and received six proposals from qualified architectural firms on or before August 20, 2020; and WHEREAS, the Planning Director and Town staff thoroughly evaluated the proposals received and interviewed the three architectural firms that received the highest ratings; and WHEREAS, Noll & Tarn Architects was selected as the consultant to complete the project based on the very thorough and detailed scope of services in their proposal, the excellent qualifications of their design team and depth of relevant experience on public projects in neighboring jurisdictions and their competitive costs and billing rates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized execute a contract with Noll & Tam Architects for a not -to -exceed amount of $240, 000.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 17" day of September 2020 by the following vote:
AYES: Corrigan, Spreen, Tyson
NOES: Tanlcha
Resolution 52- 20 Page 1
Attachment 3
RECUSE: Wu
ABSENT: None
BY:
ATTEST:
rah Padovan,
Kavita Tanldla, Vice Mayor
Resolution 52- 20 Page 2
RESOLUTION 25- 21
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS UPDATING THE TOWN HALL BACKUP POWER
RESILIENCY CAPITAL PROJECT TO INCLUDE AN ELECTRICAL PANEL
UPGRADE AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH NOLL & TAM ARCHITECTS AND O' MAHONY & MYER
ELECTRICAL ENGINEERS FOR RELATED WORK
WHEREAS, the Town of Los Altos Hills has a Vehicle and Equipment Replacement Policy to replace generators after 15 years or 5, 000 hours of service; and WHEREAS, the existing emergency back- up generator at Town Hall has been in service for 27 years and run for 176 hours since its instillation; and WHEREAS, the City Council adopted Resolution 39- 19 approving the FY2019-20 Operating and Capital Budget which included the replacement of the existing emergency back- up generator at Town Hall; and
WHEREAS, a panel upgrade of the Town' s electrical service is needed prior to any work being conducted replacing the generator; and
WHEREAS, on February 20, 2020, the City Council added the Town Hall Addition Project to the FY19- 20 capital projects list which included a panel upgrade to the electrical service room at Town Hall; and
WHERAS, on September 17, 2020 the City council awarded the contract of architectural design services for Phase Two of the Town Hall Addition Project to Noll & Tam Architects; and WHEREAS, Noll & Tam Architects and their electrical subcontractor O' Mahony & Meyer Electrical Engineers, have already completed aspects of design work in relation to the panel upgrade; and
WHEREAS, the Town has received a $ 250, 000 grant to assist with the Generator Replacement Project which has a performance period running July 1, 2020 — October 31, 2021; and WHEREAS, to meet the grant' s performance period the work associated with the panel upgrade shall be transferred from Phase Two of the Remodel Project to the Emergency Generator Capital Improvement Project.
NOW THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby authorizes updating the Town Hall Backup Power Resiliency Capital Project to include an electrical panel upgrade and to authorize the City Manager to enter into an agreement with Noll & Tam Architects and O' Mahony & Myer Electrical Engineers for related work.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of May 2021 by the following vote:
Resolution 25- 21 Page 1
Attachment 4
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
BY: k L'; 1 _-4-7 lam,
ATTEST:
Kavita Tankha, Mayor
Resolution 25- 21 Page 2
RESOLUTION 31- 21
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS MAKING FINDINGS PURSUANT TO GOVERNMENT
CODE SECTION 4217. 10 ET SEQ. FOR A PROPOSED BATTERY
BACK- UP SYSTEM AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SYSERCO ENERGY SOLUTIONS
FOR RELATED WORK
WHEREAS, the Town of Los Altos Hills (" Town") desires to optimize electrical utility use and to ensure its facilities are operable to provide essential government services and would function during events that result in the loss of electrical power; and WHEREAS, the Town' s current emergency back-up generator, installed in 1993, is powered by duel fuel (propane and natural gas) and serves as the sole source of emergency power during power outages to provide for essential government functions; and WHEREAS, the Town proposes to replace the existing emergency back-up generator by installing a battery back-up system that would connect to the Town' s existing solar photovoltaic power system, charge during non -peals, non -emergency hours, and offload power during high demand hours or emergency situations; and
WHEREAS, as described in the accompanying staff report, such a battery back-up system would efficiently leverage energy obtained from the existing solar power system and would thus: ( 1) provide for efficient energy use and storage, and ( 2) provide greater certainty for continued operations in power outages and enable the Town to provide essential government services; and WHEREAS, the Town has successfully applied for a $ 250, 000 grant from the California Governor' s Office of Emergency Services ( Cal OES) as a part of the FY2020- 21 Community Power Resiliency Allocation to Cities, which funding would be applied towards the battery backup system project; and WHEREAS, California Government Code section 4217. 10 et seq. allows municipalities such as the Town to enter into " energy service contracts" on such terms and conditions as the City Council determines are in the best interest of the Town, by malting certain findings at a noticed public hearing; and
WHEREAS, an " energy services contract" means an agreement providing electrical or thermal energy or " conservation services" where equipment, load management techniques or other energyefficient or reduction measures on public property are utilized to result in electrical, thermal, or other energy savings to the Town; and
WHEREAS, Government Code section 4217. 16 authorizes the Town to award such energy services contract after requesting proposals from qualified persons and evaluating such proposals based on experience of the contractor, type of technology employed by the contractor, cost to the Town, and any other relevant considerations; and
Resolution 31- 21 Page 1
Attachment 5
WHEREAS, Government Code section 4217. 18 construes the aforementioned provisions to provide the greatest flexibility to the Town in structuring agreements to maximize the economic benefits of, and minimize financing and other costs associated with, the design and construction of alternate energy projects; and
WHEREAS, for the proposed battery back-up system project, Town staff solicited three quotes from energy consultants Recolte Energy, Sage Renewables, and Syserco Energy Solutions, to procure the technical expertise and capability to provide the Town with the design, supply, and installation of such battery back-up system and resulting electricity services; and WHEREAS, Syserco Energy Solution possesses such technical expertise and submitted a " design - build" proposal with the lowest price; and
WHEREAS, the Town has negotiated an agreement with Syserco Energy Solution, substantially in the same form as the document attached in Exhibit A (the " Energy Services Agreement"); and WHEREAS, the installation of a battery back-up system would achieve the aforementioned energy savings and sustainability goals, including helping the Town achieve efficient energy use and maintain endurance during the anticipated upcoming fire season and related Public Safety Power Shut- off (PSPS) events; and
WHEREAS, on May 20, 2021, the City Council conducted a duly noticed public hearing at its regular meeting, the notice of which was provided two weeks in advance thereof, where it heard testimony and accepted a report from Town staff establishing information that the anticipated cost to the Town for the installation of the battery back- up system on Town property will be less than the anticipated marginal cost to the Town of electricity otherwise consumed without such system or by otherwise providing backup electricity through propane, diesel or gas -powered generators.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills does hereby take the following actions:
1. The City Council finds that the above recitals are true and correct and are incorporated herein as if stated in full.
2. The City Council makes the following findings pursuant to Government Code section 4217. 12:
a. It is in the best interest of the Town to enter into the Energy Services Agreement with Syserco Energy Solution; and
b. The anticipated cost to the Town for electrical energy from the battery back- up system will be less than the anticipated marginal cost to the Town of thermal, electrical, or other energy that would have been consumed by the Town in the absence of such back- up system, or by otherwise providing backup electricity through propane or natural gas -powered generators; and Resolution 31- 21 Page 2
c. Funds for the payment for electricity services provided for under such Energy Service Agreement are projected to be available from funding which would have otherwise been used for the purchase of thermal, electrical and other energy required by the Town in the absence of such electrical energy services. d. It is in the best interest of the Town to enter into the Energy Services Agreement with Syserco Energy Solution.
3. The City Council hereby approves and authorizes the City Manager to execute the Energy Services Agreement with Syserco Energy Solutions, in substantially the same form as Exhibit A attached hereto and incorporated herein, subject to approval by the City Attorney as to form, and to take all actions and execute all documents that are necessary to carry out the intent of this Resolution.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the
20th day of May 2021 by the following vote:
AYES: Tanlcha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
11 . IR
3760938. 1
BY: A.'_ `-_ lKavita Tanlcha, Mayor
Resolution 31- 21 Page 3
AGREEMENT
Exhibit A
THIS AGREEMENT is made and entered into on the 20th day of May, 2021 by and between the TOWN OF LOS ALTOS HILLS ( hereinafter referred to as " TOWN") and Syserco Energy Solutions ( hereinafter referred to as " CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/ or materials:
Provide the Town support in the design, documentation,
permit & bid support, and construction administration services on the Town' s CIP to install a new electrical energy storage system.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement:
Proposal from CONTRACTOR dated April 13, 2021
3. TERMS. The services and/ or materials furnished under this Agreement shall commence May 20, 2021 and shall be completed by May 20, 2023, unless terminated pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed fourteen thousand eight hundred and ninety four dollars and zero cents ($ 14, 864. 00) within thirty (30) days following receipt of invoice and completion/ delivery of services/ goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/ services in a manner consistent with professional/ industry standards for the area in which CONTRACTOR operates.
TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR' s costs or expenses to deliver any services/ goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/ employees/ agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/ services.
Town of Los Altos Hills
Short form
Updated 4/ 23/ 10
Resolution 31- 21 Page 4
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR' S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined. 1, 000, 000. 00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and
premises/ operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two ( 2) times the occurrence limit.
iii. AUTOMOBILE INSURANCE: $ 1, 000, 000. 00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $ 1, 000, 000. 00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name " The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
Short form
Updated 4123110
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 31- 21 Page 5
c. NON- DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer- employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of -any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven ( 7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a " work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, nonexclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services.
Town of Los Altos Hills
Short form
Updated 4/ 23/ 10
Resolution 31- 21 Page 6
h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above.
CONTRACT COORDINATOR and
representative for TOWN:
Cody Einfalt
Management Analyst
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
CONTRACTOR:
By:
Signature Date
Print name, Title
TOWN OF LOS ALTOS HILLS:
Carl Cahill, City Manager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/ 23/ 10
Resolution 31- 21 Page 7
April 13, 2021
Cody Einfalt
Management Analyst
Town of Los Altos Hills
23679 Fremont Road
Los Altos Hills, CA
Gabe Johnson
Syserco Energy Solutions, Inc.
215 Fourier Ave.
Fremont, CA 94539
Subject: Letter of Intent to Contract and Approval to Proceed with Detailed Engineering and Final Project Development
Dear Mr. Johnson,
The Town of Los Altos Hills (" Town") has an interest in partnering with a firm that will assist the Town with the development and implementation of a Battery Storage System at the Town Hall. The purpose of the project is to provide additional backup for critical systems during PSPS events, or other power shutdowns. Additionally, the Town is interested in utilizing the Battery Storage System as a mechanism to reduce ongoing electricity charges during peak hours of the day, resulting in operational cost savings for the Town. Specifically, the Town is seeking a qualified firm to provide the following services:
1. Evaluate the previous facility energy usage.
2. Evaluate the anticipated future facility usage. Information about future expansion plans will be provided.
3. Evaluate the existing PV system for historic size and production values.
4. Provide sizing and equipment specification recommendations for an ESS system ( batteries, controls, and grid forming inverter) to adequately support a Town Hall facility microgrid, both from a technical and financial perspective.
5. Provide consulting / recommendations regarding the use of the ESS to provide peak shaving and microgrid capabilities.
6. Provide consulting services to prepare and submit any required utility interconnection agreements, required to satisfy the grant and/ or utility company requirements.
7. Provide consulting services to help the City make sure it complies with all grant requirements and timelines. The grant agreement will be provided for review.
8. Coordinate with O' Mahony & Myer for design related issues that will become part of the bid set of plans that O' Mahony & Myer will prepare and see through construction.
The Town recognizes that Syserco Energy Solutions ( SES) in an Integrated Design -Build Energy Services Provider and seeks to provide " comprehensive" services that include the overall Project Development AND Implementation of this Battery Storage System project. The Town also recognizes that SES strongly Resolution 31- 21 Page 8
encourages the Town to utilize the " Design -Build" construction model, whereas the same firm that designs the system, also builds the system. For this reason, the Town accepts Syserco Energy Solutions proposal to work closely with O' Mahony & Myer for logistical data sharing and coordination, and shall maintain responsibility for Items 1- 7, as listed above, but Item #8 shall not apply, as Syserco Energy Solutions shall be responsible for Items 1- 7, and all required engineering and construction management for the implementation of the project.
California Government Code 4217 allows public agencies in CA to directly enter into an Agreement with Energy Services firms without the requirement of a " low bid" or RFQ process, as long as the project meets the requirements of CA Govt Code 4217 by producing enough energy savings over the estimated life of the system that is greater than the initial cost incurred by the Town to build the project. The Town intends to leverage grant funding for this project from Silicon Valley Clean Energy and CAL OES, to minimize initial costs incurred by the Town. This project meets the requirements of CA Govt Code 4217 and the the Town intends to enter into an Energy Services Agreement (" Agreement") with SES if the following Project Criteria is met:
1. Scope Completion: SES performs the tasks as identified as # s 1- 7, listed above.
2. Project Budget: Entire project must be funded by combination of grant funding from SVCE and CalOES, and $ 200K maximum contribution by the Town.
3. Energy Savings: 100% of energy savings goes directly to Town of Los Altos Hills.
Savings shall not be shared with SES or others.
4. Design & Installation: Battery Storage System shall be designed and installed by SES.
5. Procurement Method: Procurement of SES shall meet provisions of California Government Code 4217.
In the event that SES cannot meet these Project Criteria, there will be no charge to Town of Los Altos Hills for the costs incurred by SES under this Agreement.
In the event that SES meets the Project Criteria as stated above, and the parties execute an Agreement for the installation of Battery Storage System that is designed and built by SES, then the costs associated with this Work shall be included in the Energy Services Agreement.
In the event that SES meets the Project Criteria as stated above, and the Town does not enter into an Agreement within forty-five ( 45) days following the presentation of an Agreement, then Town of Los Altos Hills shall pay SES for costs incurred in the amount of $14, 864.
Resolution 31- 21 Page 9
ACTIONS TO BE PERFORMED:
In order for SES to complete the Work, Town shall provide SES with the following ( if not already provided):
2 -year history of utility bills or a signed form authorizing SES to act as an Agent for Town of Los Altos Hills and receive the data directly from the Utility Provider.
Reasonable access to facilities and design drawings
The Work is a very collaborative effort. The Work is intended to form the basis of a Final Proposal and contracting documents. Therefore, Town shall also:
Assign a main Point of Contact for the Work 9Name, Title» Provide reasonable access to Key Stakeholders:
o Facilities Point of Contact < Name, Tltle>>
o Town AdministratorNr1e Title»
TIMELINE AND MILESTONES: SES will initiate this Work immediately upon acceptance of this Letter. Formal progress review meetings will be conducted regularly throughout the process of the Work. During these review meetings, SES will make recommendations based on preliminary analysis, while Town will provide final direction regarding acceptance of the recommendations in the Scope of Work of the Project. The goal of these review meetings is to focus engineering / project development efforts, budgeting, and savings assessment for a successful project that is closely aligned with the goals of the Town. The following are recommended milestones:
April, 2021 Authorization to Proceed based on signature of Letter April, 2021 Project Development Kickoff Meeting
May, 2021 40% Design Review Meeting
July, 2021 80% Design Review Meeting
Aug, 2021 Project Development Completion
Sept, 2021 Energy Services Agreement Approved by Town
Oct, 2021 Begin Project Implementation
Oct, 2021 All Material Ordered ahead of CalOES October 30 deadline Please signify acceptance of this Letter of Intent by signing below.
Letter of Intent Authorized by:
Name»
Tltle»
Town of Los Altos Hills
Scott Meinzen
VP General Manager
Syserco Energy Solutions, Inc.
Signature Signature
Date: Date:
Resolution 31- 21 Page 10
Add Alternate # 1
Town -Wide Energy Analysis
For no additional cost to the Town, SES will include a Town -Wide " Preliminary Feasibility Analysis" ( PFA) to achieve the following:
Establish Energy -Use Baseline for each applicable facility in the study Identify Energy Efficiency Opportunities for each applicable facility in the study Identify Solar PV Opportunities for each applicable facility in the study Present funding/ financing solutions for the implementation of identified energy efficiency and solar PV opportunities
Present Findings to Town Administrators in the form of a Presentation with Recommended Next Steps
If the Town wishes to include this work as part of this project development effort, please check the following box:
Yes, please include.
Resolution 31- 21 Page 11
RESOLUTION 78- 21
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING OF A CONFIGURATION FOR THE
TOWN HALL BACKUP POWER RESILIENCY CAPITAL PROJECT AND
APPROPRIATING $ 250, 000 FOR THE ELECTRICAL SERVICE PANEL UPGRADE AT TOWN HALL.
WHEREAS, the Town of Los Altos Hills (" Town") desires to optimize electrical utility use and to ensure its facilities are operable to provide essential government services and would function during events that result in the loss of electrical power; and WHEREAS, the Town proposes to replace the existing emergency back-up generator by installing a battery back-up system that would connect to the Town' s existing solar photovoltaic power system, charge during non -peak, non -emergency hours, and offload power during high demand hours or emergency situations; and
WHEREAS, a panel upgrade of the Town' s electrical service is needed prior to any work being conducted on replacing the generator; and
WHEREAS, to meet the grant funding performance periods the work associated with the panel upgrade was transferred from Phase Two of the Remodel Project to the Emergency Generator Capital Improvement Project; and
WHEREAS, upgrading Town Hall' s electrical service panel from 600amps to 1200 maps is estimated to cost $ 250, 000; and
NOW THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby approves of a configuration for the Town Hall Backup Power Resiliency Capital Project and appropriates $ 250, 000 for the electrical service panel upgrade at Town Hall.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21th day of October, 2021 by the following vote:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
1_r_ BY:
Im 1
o
I/
rieborah Padovan, City Clerk
Kavita Tanlcha, Mayor
Resolution 78- 21 Page 1
Attachment 6
Task Name % Complete Start Finish Duration
Townhall Resilience BESS Project CPM Schedule 83% Thu 10/21/21 Fri 3/24/23 375 days City Council Meeting 100% Thu 10/21/21 Thu 10/21/21 0 days Contracting 95% Thu 10/21/21 Thu 2/9/23 342 days
Contract Review 100% Thu 10/21/21 Wed 11/10/21 3 wks
Contract Execution 100% Fri 11/19/21 Fri 11/19/21 0 days Kick‐off Meeting 100% Mon 11/29/21 Mon 11/29/21 0 days
PGE ‐ Serivce Uprgrade Request ‐ 1600AMPs 100% Mon 2/28/22 Fri 3/11/22 0.5 mons PGE ‐ Design Estimate 100% Wed 4/20/22 Tue 11/15/22 30 wks PGE ‐Construction Work 0% Fri 1/27/23 Thu 2/9/23 2 wks
Grant Funds 0% Thu 3/31/22 Fri 2/24/23 237 days
Cal OES (Must make Purchase by March 31, 2022) 100% Thu 3/31/22 Thu 3/31/22 0 days SGIP Application submission 0% Mon 1/30/23 Mon 1/30/23 0 mons SGIP Application approval 0% Mon 1/30/23 Fri 2/24/23 1 mon Execution 83% Thu 10/21/21 Fri 3/24/23 375 days
Engineering 100% Mon 12/6/21 Fri 9/9/22 199 days
Structural 100% Fri 4/15/22 Fri 6/17/22 9.2 wks
Electrical 100% Mon 12/6/21 Fri 2/25/22 3 mons
Communications 100% Mon 12/6/21 Wed 3/9/22 2 wks
LAH Permitting 100% Fri 7/15/22 Fri 9/9/22 40 days
Permit drawings submittal 100% Fri 7/15/22 Fri 7/15/22 0 days Permit approved 100% Wed 8/10/22 Wed 8/10/22 0 days
Permit Issued 100% Fri 9/9/22 Fri 9/9/22 0 days
Procurement 90% Thu 10/21/21 Fri 2/17/23 348 days
BESS 100% Mon 12/13/21 Thu 8/25/22 36.8 wks
Eaton Switchgear 81% Fri 3/4/22 Fri 2/17/23 50.4 wks
Microgrid Controller 100% Thu 10/21/21 Wed 11/17/21 4 wks Construction 7% Mon 12/5/22 Fri 3/24/23 83 days
Mobilize 0% Mon 12/5/22 Mon 12/5/22 0 days
Equipment Pad Trenching 30% Mon 1/23/23 Fri 2/3/23 10 days Form Pad/Retaining Wall 100% Sat 12/31/22 Mon 1/2/23 2 days Conduit Install Inside Pad 0% Wed 1/25/23 Fri 2/10/23 13 days Trenching for PG&E Runs / Condiut Install 0% Mon 1/30/23 Fri 2/17/23 15 days Council approval 0% Thu 2/16/23 Thu 2/16/23 0 days
Fencing Posts insalled in Retaining wall 0% Mon 2/20/23 Sat 2/25/23 6 days Pour Slurry 0% Mon 2/27/23 Tue 2/28/23 2 days
Install Rebar 0% Wed 3/1/23 Fri 3/3/23 3 days
Pour Pad 0% Mon 3/6/23 Wed 3/8/23 3 days
Set Equipment 0% Thu 3/9/23 Mon 3/13/23 3 days
Pull Wire / Terminate 0% Tue 3/14/23 Fri 3/17/23 4 days Shutdown TBD 0% Sat 3/18/23 Sun 3/19/23 2 days
System testing and commissioning 0% Mon 3/20/23 Fri 3/24/23 5 days Construction Final Inspection 0% Fri 3/24/23 Fri 3/24/23 0 days Test and Accept 0% Fri 3/24/23 Fri 3/24/23 0 days
Attachment 7
January 27, 2023
Mr. Nagib Elzein, Ops Manager
Syserco Energy Solutions, Inc.
215 Fourier Ave
Fremont, CA 94539
RE: Acceptance of Change Order Request #1 “Furnish and Install Perimeter Chain Link Fence and Gate”
Dear Nagib Elzein,
I am writing to notify you that the Town of Los Altos Hills, Public Works Engineering, has reviewed and agreed with your Change Order Request #1 (October 17, 2022) in the amount of $24,750 to install a perimeter chain link fence and gate for the concrete pad. Attached please find Contract Change Order #1 (CCO #1) for your review and signature. We will issue you a fully executed change order once it has been approved by the City Council. At the meantime, please proceed with this work without further delay.
Public Works Engineering has also reviewed your Change Order Request #1 (January 23, 2023) in the amount of $44,452 to install a retaining wall and perimeter chainlike fence & gate. Public Works Engineering does not see a need for the retaining wall (H = 18” max.).
Therefore, this change order request has been rejected.
If you have any questions, please do not hesitate to contact me at (650) 947-2511.
Sincerely,
_____________________________________________
Cody Einfalt, Project Manager
Attachment 8
TOWN OF LOS ALTOS HILLS, DEPARTMENT OF PUBLIC WORKS
26379 FREMONT ROAD
LOS ALTOS HILLS, CA 94022
TOWN HALL PANEL UPGRADE
To Nagib Elzein January 30, 2023
Syscerco Energy Solutions, Inc.
215 Fourier Ave
Fremont, CA 94539
CONTRACT CHANGE ORDER NO. 1 (Rev. 01)
DESCRIPTION OF WORK
No. Description Amount
1 Change Order Request #1 (10/17/22) Chainlink perimeter fence & gate $ 24,750.00 Subtotal $ 24,750.00
Contract Adjustment Total $ 24,750.00
Base Contract Price 817,580.00 $
Previous Change Orders $ -
Current Change Order $ 24,750.00
Revised Contract Price 842,330.00 $
This change order will increase the total working days by 0 Accepted by
Nagib Elzein, Contractor Date
Syscerco Energy Solutions, Inc.
Approved by
Cody Einfalt, Project Manager Date
Town of Los Altos Hills
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
1/27/2023
Scott Meinzen, VP/GM
2023 01 31
October 17, 2022
Town of Los Altos Hills
Cody Einfalt
Subject: Change Order Request #1 – Provide and Install new chain link fence Dear Mr. Einfalt,
Syserco Energy Solution is pleased to present the following proposed pricing and associated scope of work which was not included in the originally contracted scope of work.
Added Scope of Work:
Provide and install a new chain link fence around the proposed equipment pad for the City of Los Altos Hills Micro Grid project per details below:
1. Furnish and install 55’x9’C/L 9-gauge fence with (2) padlock able 4’- 2 ½”x 9ft single swing gates with fork latch,
2. 3”x5” Mesh-9-gauge privacy vinyl slatted fence
3. End posts to be 2-7/8”, and line posts to be 2-3/8” set in 14”x36” concrete footings
4. Fence to have 1-5/8” top rail & 9-gauge bottom tension wire. 1-7/8” frame.
5. Excludes Off Haul spoils from foundations
Syserco Energy Solutions will complete all aspects of this work as described in this proposal for a fee of $24,750
TIMELINE AND MILESTONES: Syserco Energy Solutions will initiate this Work immediately upon acceptance of this proposal. The work will be closely coordinated with town staff to ensure that the proposed solution is aligned with requirements and expectations of town staff.
Please signify acceptance of this Letter of Intent by signing below.
Authorized by:
Cody Einfalt
Town of Los Altos Hills
Nagib Elzein
Ops Manager
Syserco Energy
Solutions, Inc.
Signature Signature
Date: 1/27/2023 Date: October 17, 2022
Engineer's Estimate
Town of Los Altos Hills
Town Hall Panel Upgrade
Cost Proposal Engineer's
Estimate
01/27/23
Cost Summary Direct Cost Markup Profit Subtotal
Labor $ 8,640.00 20% 1,728.00 $ $ 10,368.00
Equipment $ 2,408.00 15% 361.20 $ $ 2,769.20
Material $ 7,355.36 15% 1,103.30 $ $ 8,458.67
Subs, Permits, & Fees $ 1,000.00 15% 150.00 $ $ 1,150.00 Subtotal $ 19,403.36 $ 3,342.50 $ 22,745.87
Cost Type Affecting Cost Added Cost Markup Subtotal
Bond $ 22,745.87 0.00% 0% $ -
Force and Resource Escalation 19,403.36 $ 0.00% 0% $ -
Subtotal $ -
Total $ 22,745.87
Town Hall Panel Upgrade:
Perimeter Chainlink Fence & 4-ft Gate
Attachment 9
CREW EQUIPMENT Engineer's Estimate
Town Hall Panel Upgrade:Perimeter Chainlink Fence & 4-ft Gate $120.00
$110.00
$80.00
$45.00
$45.00
$60.00
$50.00
$50.00
$40.00
$45.00
$60.00
$130.00
$100.00
$30.00
$2.00
$38.00
No. Activity Days Man Hours
Foreman
Operator
Laborer
Foreman Truck
Tool Truck w/Tools
Gradall Forklift
Dump Truck (2-axle)
Roller compactor
Mini-excavator 1
Mini-excavator 2
Compaction Roller
Truck with a 40-ft
trailer
Lo-drill
Wacker Compactor
Steel Plates
Skidsteer Loader
C1 Day 1 - Pothole, drill hole, install fence post, pour concrete 1.00 32 1 3 2,880.00 $ 1 664.00 1 $ C2 Day 2 - Install fence wire mesh, and gate 1.00 32 1 3 2,880.00 $ 1 1 $ 720.00 C3 Day 3 - Install fence wire mesh, gate, and clean up 1.00 32 1 3 2,880.00 $ 1 1 1,024.00 1 $ C4 $ - $ -
C5 $ - $ -
C6 $ - $ -
C7 $ - $ -
$ -
$ - $ -
$ - $ -
$ - $ -
Totals: 96 8,640.00 $ $ 2,408.00
Hourly Rates:
Crew: Labor Equipment
Labor Subtotal Equipment Subtotal
Engineer's
Estimate
No. Materials Quantity UOM Unit Price Extension
M1 Galvanized metal post 8 EA 150.00 $ 1,200.00 $
M2 60-lb concrete mix 60 EA 12.00 $ 720.00 $
M3 Sonotube, 12 in dia 8 EA 40.00 $ 320.00 $
M4 Chain Link Fence wire mesh 1 LS 500.00 $ 500.00 $
M5 Chain Link Gate 1 EA 2,000.00 $ 2,000.00 $
M6 Misc items 1 LS 2,000.00 $ 2,000.00 $
M7 $ -
M8 $ -
M9 $ -
M10 $ -
M11 $ -
M12 $ -
$ 6,740.00
Sales Tax 9.13% 615.36 $
$ 7,355.36
Subcontractors -- Permits -- Fees
No. Subs, Permits, and Fees Quantity₄ UOM₄ Unit Price Extension A1 Disposal of excavation spoils, trash 1 LS 1,000.00 $ 1,000.00 $ A2 $ -
A3 $ -
A4 $ -
A5 $ -
$ 1,000.00
Town Hall Panel Upgrade:
Perimeter Chainlink Fence & 4-ft Gate
Total
Unit
Total
Unit₄
Subtotal₁
Mock-Up Rendering of Fence
Attachment 10
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONSTRUCTION AGREEMENT WITH EXPRESS
PLUMBING, INC. FOR EMERGENCY SEWER MAIN
REPAIR/REPLACEMENT AT ADOBE CREEK FOR A TOTAL
AMOUNT NOT TO EXCEED $85,000 INCLUDING CONTINGENCY
FROM: WooJae Kim, P.E., Public Works Director
Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt a resolution (Attachment 1) authorizing the City Manager to enter into a construction agreement with Express Plumbing, Inc. (Attachment 2) for emergency sewer main repair/replacement work at Adobe Creek for a total amount not to exceed $85,000 including contingency.
BACKGROUND:
On January 31, 2023, the Public Works crew received a sanitary sewer overflow notification from a resident on Moody Road. The overflow was from a sanitary sewer manhole located near Adobe Creek south of Mood Road where Old Snakey Road intersects. The manhole is identified as OMH1039 on the Town’s sewer GIS map. It is the upstream manhole for a 6-inch cast iron sewer main pipe that crosses Adobe Creek.
A concrete cap covered the sewer main at the crossing, but recent atmospheric river storm events exposed a section of the sewer pipe. The exposed pipe segment was damaged and blockaded by fallen debris from steep embankments impacted by storm events. The clogged pipe impeded sewage flow and caused a sanitary sewer overflow at the upstream manhole. The Town’s sewer maintenance vendor, West Bay Sanitary District, was called out and they installed a sewage pump at the upstream manhole with a hose crossing Adobe Creek to provide a temporary sewer bypass to the downstream manholes to stop the sanitary sewer overflow.
DISCUSSION:
Staff contacted three sewer contractors to assess damages and solicit proposals for the emergency repair work, which involves replacement of approximately 110 feet of 6-inch cast iron pipe that crosses Adobe Creek. Staff received cost proposals from two contractors as summarized in the table below:
AGENDA ITEM #4.Q
W.K.
P.P.
Staff Report to City Council Page 2
Emergency Sewer Work at Adobe Creek
February 16, 2023
Company Proposal Amount
TrenchFree $118,000
Express Plumbing, Inc. $65,000
C2R Engineering No proposal
Staff reviewed the proposals and recommends Express Plumbing, Inc. as the contractor for the repair/replacement work. Staff also recommends an additional budget of $20,000 for contingency to address potential unforeseen conditions during construction. The cost breakdown is as follows:
Construction Contract $65,000.00
Construction Contingency $20,000.00
Total Estimated Construction Contract $85,000.00
Staff recommends that the City Council authorize the City Manager to enter into a construction agreement with Express Plumbing, Inc. for the emergency sewer repair work without a formal competitive bidding process due to the urgent nature of the work allowed per the following Public Contract Code Section 22050:
Public Contract Code 22050.
(a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
Title 4 Public Safety of the Town Ordinance also defines the City Manager’s authority on emergency procurement:
LAH Muni code 4-1.04 Director and Assistant Director of Emergency Services (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
LAH Unicode 4-1.05 Powers and duties of the Director and Assistant Director of Emergency Services
(c) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of “state of emergency” by the Governor or the
Staff Report to City Council Page 3
Emergency Sewer Work at Adobe Creek
February 16, 2023
Secretary of the California Office of Emergency Services, or the existence of a “state of ware emergency,” the Director is hereby empowered to:
(2) Obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life, property and environment of the people, and bind the Town for the fair value thereof and if required immediately, to commandeer the same for public use.
ENVIRONMENTAL REVIEW
Restoration or rehabilitation of deteriorated or damaged structures and facilities to meet current standards of public health and safety is defined under California Environmental Quality Act (CEQA) Section 15301(d) as Categorically Exempt. 2023 CITY COUNCIL WORK PLAN:
This action was not identified on the 2023 City Council Work Plan, but it supports the council priority to Maintain Quality of Life and protect and maintain infrastructure.
FISCAL IMPACT
The FY2023-2027 Five Year Capital Improvement Plan approved by City Council on June 16, 2022, has sufficient funds in the Annual Sewer Project. Therefore, there is no fiscal impact.
ATTACHMENT
1. Resolution
2. Agreement with Express Plumbing, Inc.
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT WITH
EXPRESS PLUMBING, INC. FOR EMERGENCY SEWER MAIN
REPAIR/REPLACEMENT AT ADOBE CREEK FOR A TOTAL AMOUNT NOT TO EXCEED $85,000 INCLUDING CONTINGENCY
WHEREAS, on January 31, 2023, the Public Works crew responded to a sanitary sewer overflow from a sewer manhole located near Adobe Creek south of Mood Road where Old Snakey Road intersects; and
WHEREAS, temporary bypass pump system was installed to stop the sewer overflow; and WHEREAS, staff contacted three sewer contractors to assess damages and solicit proposals for emergency repair work, which involves replacement of approximately 110 feet of 6-inch cast iron pipe that crosses Adobe Creek; and WHEREAS, staff examined and considered the proposals and recommends contracting with Express Plumbing, Inc. for the repair/replacement work for a proposal amount of $65,000; and
WHEREAS, staff recommends that funds of $20,000 be made available for construction contingency; and
WHEREAS, the replacement of approximately 110 feet of the sewer main pipe constitutes as a capital improvement project (CIP); and
WHEREAS, the FY2023-2027 Five Year Capital Improvement Plan approved by City Council on June 16, 2022, has sufficient funds in the Annual Sewer Project; and WHEREAS, contracting for emergency work without a competitive bidding process is allowed per Public Contract Code Section 22050.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;
1. The City Manager is hereby authorized to enter into a construction agreement with Express Plumbing, Inc. for the emergency sewer main repair/replacement work at Adobe Creek for $65,000; and
2. The City Manager is hereby authorized to approve potential contract change orders in an amount not to exceed $20,000.
Attachment 1
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Linda G. Swan, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into on the day of February 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Express Plumbing, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials:
Emergency sanitary sewer main replacement at Adobe Creek, south of Moody Road & Old Snakey Road, between Manholes OMH1038 and OMH1039.
Scope of Work as described in Phase 1 of EPS proposal in Exhibit A, and email proposal in Exhibit B as summarized below:
Replace the existing 6-inch cast iron pipe with a new 6-inch HDPE pipe using the directional drilling method.
Reconnect the new 6-inch sewer pipe to existing manholes on each end. Patch manholes with mortar and cement mix.
Provide a temporary sewer bypass for continuous sewage flow between the two manholes using an electric sewage pump.
Break and remove the concrete cap over the existing sewer main to provide for gravitational sewage flow. Dispose concrete debris offsite. Excavate to re-align the flow creek path away from the south bank to prevent further erosion.
Remove trees and other vegetation in the creek that impede flow. Remove sludge, gravel, and debris in the upstream manhole OMH1039, and dispose waste offsite.
Perform miscellaneous work as directed by TOWN staff in the field.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement:
Exhibit A - EPS Proposal for Moody Road Emergency Work, dated February 2, 2023 Exhibit B - EPS email proposal for manhole cleanups, dated February 2, 2023 Exhibit C – Drawing C-101
3. TERMS. The services and/or materials furnished under this Agreement shall commence February 3, 2023 and shall be completed by March 1, 2023, unless terminated pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed Sixty Five Thousand Dollars ($65,000) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done Attachment 2
by CONTRACTOR or any subcontractor above and beyond the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services.
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR’S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows:
i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.”
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills,
its elective and appointed officers, employees, and volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire.” Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, nonPage 275 of 500 exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR.
i. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above.
CONTRACT COORDINATOR and
representative for TOWN: CONTRACTOR:
Daniel Liang, Utility Engineering Manager
Town of Los Altos Hills By:
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Print name, Title
TOWN OF LOS ALTOS HILLS:
By:
Peter Pirnejad, City Manager Date
Serving the entire Bay Area since 1989
DBA Express Plumbing
Residential - Commercial - Industrial
General Engineering Contractor
California Lic 778428 (A, B, C36)
307 N. Amphlett Blvd.
San Mateo, CA 94401
Tel. 800 246-6425
Fax 650 343-8256
Proposal for Moody Rd Emergency Work
February 2nd, 2023
Daniel Liang, Utility Engineering Manager
[email protected]
Town of Los Altos Hills, Ca.
Department of Public Works
Reference: 25616 Moody Rd, Los Altos Hills
Subject: Emergency Work
Site to be referred in two parts, North and South of Adobe Creek in proposal.
The current existing sewer main line, 6-inch, that travels between the two manholes has been compromised in the creek where it should be incased in concrete. The water from the creek has been diverted and has washed out the concrete casing/piping and has now broken the segment. Currently there is debris on the upstream line blocking it, there is also debris and water on the downstream flowing heavily through the manhole. On the South Side of the Creek.
EPS Inc. proposes to do the following in Two Phases:
Phase 1
- Obtain necessary 811USA ticket
- Locate any noticeable utility within the vicinity between the existing manholes located on the North side of Adobe Creek and the one on the South side of Adobe Creek. - Mobilize the necessary horizontal directional drilling equipment (HDD), vacuum truck equipment, Excavator, Jackhammers, Pump and bypass hosing equipment, Utility trucks and all the necessary manpower to perform a complete Pipe Reaming Method installation to install a new 6-inch High Density Polyethene Pipe (HDPE) traveling under the creek from the North side manhole into the South side manhole.
- EPS Inc. will set up a temporary bypass system prior to pipe reaming to ensure the flow is active during construction.
- EPS Inc. will mobilize an electric pump using nearby shed power to supply the existing 240 grinder pump system and bypass the water during construction. - Mobilize large Excavator to break and remove part of the concrete casing that has washing down in the creek in order to clear a path for the new HDPE Pipe to facilitate the installation process and maintain gravitational flow in the sewer line. - EPS Inc. will proceed to ream the existing Cast Iron Pipe with the new HDPE pipe. - Once all work has been completed EPS Inc. and the new 6-inch HDPE pipe has been successfully installed, EPS Inc. will seal both manholes and temporary seal off the area so
EXHIBIT A
Serving the entire Bay Area since 1989
that the South manhole is not under constant washing from the creek and it can maintain the seal intact.
- Protect the pipe with sandbags to the best of our ability to avoid gravel and other debris from damaging it.
Phase 2
- Disconnect from newly installed pipe, install new galvanized steel casing through and under the creek.
- Reinstall new fusible HDPE couplings, fuse the new pipe in the casing. - After testing new line and inspection, EPS Inc. will then encase the entire alignment of the pipe within the bed of the creek with new 8 seven sack concrete mix ¾” rock and rebar to avoid further and future wash outs.
Phase 1 total costs: $54,795.00
*Allow up to $13,000.00 to break, remove, and re-channel the creek alignment.
Phase 2 total cost: $43,675.00
Fish and Game Permit may be required for this work, cost of permit will be added to proposal.
Sincerely,
Mark Ramirez
[email protected]
(408) 709-6350
EXHIBIT A
1 Daniel Liang
From: Mark Ramirez <[email protected]>
Sent: Thursday, February 2, 2023 2:44 PM
To: Daniel Liang
Subject: Manhole Holding Water
Hello Daniel,
It has been determined that the upstream manhole is holding water roughly about 5ft of water, sludge, gravel and debris.
To avoid any buildup and spillage, EPS Inc. is proposing to mobilize our vac-truck and extract all the debri and build up within the manhole asap. The cost associated with this scope of work is $10, 200.00. Please reach out to Nick or myself directly if you have any questions. Thank you.
Respectfully,
Mark Ramirez, Sr. Project Engineer To help protect your privacy, Micro so ft Office prevented
auto matic downlo ad o f this
picture from the Internet.
Cell: 408-709-6350 Office: 650-343-9477
You don't often get email from [email protected]. Learn why this is important
EXHIBIT B
TOWN OF LOS ALTOS HILLS C-101 2023 SANITARY SEWER REPAIR & REPLACEMENT
EMERGENCY REPAIR
MOODY ROAD AT ADOBE CREEK CROSSING
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO AUCTION,
TRANSFER, DONATE, OR RECYCLE/DISPOSE SURPLUS VEHICLES AND
EQUIPMENT
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Authorize the City Manager to auction, transfer, donate, or recycle/dispose of surplus vehicles and equipment that are outdated or obsolete.
BACKGROUND:
Section 2-4.06 of the Municipal Code provides the City Manager with the option of selling surplus properties by soliciting bids. In the event the value of the property to be sold is estimated at more than five hundred dollars ($500), the sale shall be subject to the approval of the City Council.
The Town currently uses eBay to auction surplus properties. eBay’s transparency, reputation, and ability to collect funds is a more efficient alternative to a privately held auction house.
DISCUSSION:
From the recent Town Hall renovation and furniture/space upgrade projects and also due to the age and condition of certain Town fleet vehicles, the Public Works Department has identified a number of Town equipment and vehicles as surplus properties. To be deemed a surplus property, equipment must fall into one of the following three categories:
a. Obsolete and/or represents a safety hazard to the user or public. b. Operational however is no longer required to perform Town operations. The department has no need or intent to acquire a similar piece of equipment in the future. c. No longer operational and cannot be used for parts.
The following surplus items have been identified as having an estimated value of more than $500.
However, given the nature of the auction process, it is possible that these items will sell for less than $500.
1. 1995 Case 580L Backhoe – The Town purchased this equipment for earth moving and lifting activities. The equipment has 4013 hours of use, and it is no longer fully operational AGENDA ITEM #4.R
W.K.
P.P.
Staff Report to City Council Page 2
Surplus Vehicles and Equipment
February 16, 2023
and does not meet new CA emissions regulations. The Town has a newer John Deere Backhoe to perform the same tasks.
2. 2004 Ford Escape Hybrid – The Town purchased this vehicle for daily field inspections.
The vehicle has 50,724 miles on its odometer and is no longer operational. It has been replaced by the Kia Niro EV, leased in 2022.
3. Ziemanm SE 16’ Trailer – Equipment is no longer fully operational. The Town has purchased a replacement trailer in 2022.
4. BT.B.124 Tilt Deck Trailer – Equipment is now obsolete and has a Gross Vehicle Weight Rating that is too low for Town Equipment. The trailer will be replaced with a similar trailer.
5. Two (2) - Bomford Turner Flail Mower Attachments – Both mower attachments are not operational and are not compatible with current Town tractors. Both units were replaced with new Tiger Flail mowers that attach to the Town’s new Kubota Tractor
6. Miscellaneous Office Furniture – Furniture items replaced by new furniture during the latest Town Hall renovation and furniture/space projects. These include desks, cubicles, tables, drawers, and cabinets.
Staff will make all attempts to auction all surplus vehicles and equipment. Any items that are not sold may need to be donated, recycled, or disposed of depending on the condition of the item.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCIL WORK PLAN:
This action was not identified on the 2023 City Council Work Plan, but it contributes to the daily operations of the Town.
FISCAL IMPACT:
Net proceeds from the sale will offset replacement costs for vehicles and equipment.
ATTACHMENTS
1. Resolution
2. Photographs of Surplus Vehicles and Equipment
3. Vehicle and Equipment Replacement Policy
Prepared by: Michael Schloetter, Maintenance Superintendent
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AUCTION, TRANSFER,
DONATE, OR RECYCLE/DISPOSE OF SURPLUS VEHICLES AND EQUIPMENT WHEREAS, Section 2-4.06 of the Municipal Code provides the City Manager with the option of selling surplus properties by soliciting bids; and
WHEREAS, in the event the value of the property to be sold is estimated at more than five hundred dollars ($500), the sale shall be subject to the approval of the City Council; and WHEREAS, the Town currently uses eBay to auction surplus properties. eBay’s transparency, reputation, and ability to collect funds is a more efficient alternative to a privately held auction house; and
WHEREAS, from the recent Town Hall renovation and furniture/space upgrade projects and also due to the age and condition of certain Town fleet vehicles, the Public Works Department has identified a number of Town equipment and vehicles as surplus properties; and WHEREAS, the following surplus items have been identified as having an estimated value of more than $500:
1. 1995 Case 580L Backhoe– The Town purchased this equipment for earth moving and lifting activities. The equipment has 4013 hours of use, and it is no longer fully operational and does not meet new CA emissions regulations. The Town has a newer John Deere Backhoe to perform the same tasks.
2. 2004 Ford Escape Hybrid – The Town purchased this vehicle for daily field inspections.
The vehicle has 50,724 miles on its odometer and is no longer operational. It has been replaced by the Kia Niro EV, leased in 2022.
3. Ziemanm SE 16’ Trailer – Equipment is no longer fully operational. The Town has purchased a replacement trailer in 2022.
4. BT.B.124 Tilt Deck Trailer – Equipment is now obsolete and has a Gross Vehicle Weight Rating that is too low for Town Equipment. The trailer will be replaced with a similar trailer.
5. Two (2) - Bomford Turner Flail Mower Attachments – Both mower attachments are not operational and are not compatible with current Town tractors. Both units were replaced with new Tiger Flail mowers that attach to the Town’s new Kubota Tractor
6. Miscellaneous Office Furniture – Furniture items replaced by new furniture during the latest Town Hall renovation and furniture/space projects. These include desks, cubicles, tables, drawers, and cabinets.
However, given the nature of the auction process, it is possible that these items will sell for less than $500.
Attachment 1
2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby authorize the City Manager to auction, transfer, donate, or recycle/dispose of these surplus vehicles and equipment that are outdated or obsolete.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 2
1. 1995 Case 580L Backhoe
2. 2004 Ford Escape Hybrid
2 3. Ziemanm SE 16’ Trailer
4. BT.B.124 Tilt Deck Trailer
3 5. Two (2) - Bomford Turner Flail Mower Attachments
6. Miscellaneous Office Furniture
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Vehicle and Equipment Replacement Policy
Approved by City Council 03/21/2016
Code Sections:
There is no Municipal Code reference that stipulates requirements for vehicle and equipment replacement.
Intent:
The purpose of this policy is to establish guidelines for replacement of vehicles and equipment in the City's fleet.
The replacement program is based on estimating the useful life of vehicles and equipment with consideration of age, mileage ( or hours), and usage. Those vehicles scheduled for replacement are reviewed and analyzed for condition, cost, usage, safety history, and operating performance. Some vehicles or equipment may be replaced earlier than scheduled to ensure that operational needs are met; others may be replaced later than scheduled to accommodate budget limitations taking into consideration the vehicle's condition.
Policy:
The following serves as a general guideline for replacing vehicles and equipment based on usage, age, operating costs, and downtime. Adjustments in time or miles will be made to replacement criteria for individual units as conditions warrant:
COMPACT/INTERMEDIATE CARS
COMPACT/ST AND ARD PICKUPS
TRUCKS WITH DIESEL ENGINE
TRUCKS WITH AERIAL LIFTS
13 YEARS/100,000 MILES
13 YEARS/100,000 MILES
13 YEARS/100,000 MILES
13 YEARS/100,000 MILES
Attachment 3
Vehicle and Equipment Replacement Policy
Page2
BACKHOE
TRACTORS
AIR COMPRESSOR
TOWED CHIPPER
MISCELLANEOUS CONSTRUCTION
EQUIPMENT, GENERATORS AND TRAILERS
15 YEARS/5,000 HOURS
15 YEARS/5,000 HOURS
13 YEARS/5,000 HOURS
13 YEARS/5,000 HOURS
5-15 YEARS/5,000 HOURS
TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
_____________________________________________________________________ SUBJECT: RESOLUTION APPROVING AND AUTHORIZATION OF THE
EXECUTION OF AMENDMENT NO. 1 TO THE EMPLOYMENT
AGREEMENT WITH PETER PIRNEJAD FOR CITY MANAGER
SERVICES EXTENDING THE TERM AND MODIFYING
COMPENSATION PROVISIONS OF THE AGREEMENT.
FROM: Steve Mattas, City Attorney
______________________________________________________________________ RECOMMENDATION:
That the City Council approve the attached resolution authorizing Amendment No. 1 to the Employment Agreement between the Town of Los Altos Hills and Peter Pirnejad and authorize Mayor Swan to sign Amendment No. 1 on behalf of the Town.
BACKGROUND & DISCUSSION
The Town entered into an employment agreement with Peter Pirnejad on October 21, 2021 (“Agreement”) pursuant to which Mr. Pirnejad serves as the City Manager for the Town. The City Council recently completed an annual evaluation of the City Manager and desires to extend the term of the Agreement to modify the compensation provisions to increase Mr. Pirnejad’s compensation. At the request of the City Council, the City Attorney’s office has prepared the attached resolution authorizing Amendment No. 1 to the Agreement and the related Amendment No. 1.
Amendment No. 1 will increase Mr. Pirnejad’s annual salary by eight percent, from $236,000 to $254,880 effective October 25, 2022. Mr. Pirnejad’s Agreement provides that any salary adjustment will be effective as of October 25th of each year. Amendment No. 1 will also:
(1) extend the Agreement by an additional year with a new expiration date of October 24, 2027, (2) increase Mr. Pirnejad’s administrative leave bank from 96 to 120 hours effective January 1, 2023 and authorize cash out or utilization of administrative leave, and (3) increase the amount and change the structure of the Town’s contributions to the Mission Square (formerly ICMA) Deferred Compensation program on Mr. Pirnejad’s behalf effective January 1, 2023 to an amount equal to five percent of his salary. The Town’s increased deferred compensation contributions on Mr.
Pirnejad’s behalf amounts to a maximum of an additional $3,744 per year.
ATTACHMENTS
1. Resolution Approving and Authorizing Execution of Amendment No. 1.
2. Amendment No. 1 to the Employment Agreement with Peter Pirnejad for City Manager Services.
5267977.1
AGENDA ITEM #4.S
Resolution -23 Page 1
RESOLUTION -23
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT WITH PETER
PIRNEJAD FOR CITY MANAGER SERVICES
WHEREAS, the City Council has previously approved an employment agreement (“Employment Agreement”) for city manager services with Peter Pirnejad (“Pirnejad”); and, WHEREAS, the City Council and Pirnejad desire to amend the Employment Agreement to extend the term, modify the compensation, and revise additional terms as set forth in the first amendment (“Amendment No. 1”) to the Employment Agreement attached hereto.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby approve Amendment No. 1 to the Employment Agreement between the Town of Los Altos Hills and Pirnejad and also authorizes the Mayor to execute Amendment No. 1 on behalf of the Town of Los Altos Hills.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 16th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
5247540.1
Attachment 1
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE TOWN OF LOS ALTOS HILLS AND PETER PIRNEJAD
THIS FIRST AMENDMENT is made and entered into at Los Altos Hills, California this ______day of _____________, 20___, by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, hereinafter sometimes referred to as the “TOWN,” and PETER PIRNEJAD, an individual, hereinafter referred to as “PIRNEJAD.” WITNESSETH:
WHEREAS, TOWN employs the services of PIRNEJAD as City Manager of the TOWN pursuant to an employment agreement executed on October 21, 2021 (“Employment Agreement”), and further desires to assure the continuous service of PIRNEJAD in such official capacity as provided for in the Municipal Code by amending certain salary and benefits of his employment;
NOW, THEREFORE, in consideration of the mutual promises, covenants and stipulations herein contained, the parties hereto agree to amend the Employment Agreement as follows:
1. Section 2 of the Employment Agreement “Term” is amended such that the term of the Agreement shall be extended by one year to October 24, 2027.
2. Section 4 of the Employment Agreement “Salary” is amended such that the City Manager’s annual salary shall be increased, as of October 25, 2022, from $236,000 to $254,880 payable in installments at the same time other employees of the Town are paid. The additional salary earned between October 25, 2022 and end of the pay period nearest to February 17, 2023 shall be paid to PIRNEJAD in one lump sum payment.
3. Section 5(A)6 of the Employment Agreement related to “Benefits” shall be amended as follows with new language in double-underline and deleted language shown in strikethrough:
PIRNEJAD will be given a one- time initial bank of forty (40) hours of administrative leave upon the start of his employment with the TOWN on October 25, 2021. In addition PIRNEJAD will receive eight (8) hours of administrative leave per month for the months of November and December, 2021, Beginning January 1, 2023, PIRNEJAD shall receive ninety- six (96) one hundred and twenty (120) hours of administrative leave per calendar year. Administrative leave must be used in the calendar year in which it is disbursed; unused administrative leave may not be carried over for use in a subsequent year. or redeemed as compensation. However, PIRNEJAD may redeem unused administrative leave as compensation up to a maximum of one hundred and twenty (120) hours per year.
Attachment 2
4. Section 5(A)9 of the Employment Agreement related to “Benefits” shall be amended such that the current language shall be replaced with the following language shown in in double-underline below:
Effective January 1, 2023, TOWN agrees to pay seven hundred fifty (750) dollars per month to the ICMA Deferred Compensation program pay an annual amount equal to five percent of PIRNEJAD’s annual Salary into PIRNEJAD’s Mission Sqare 401(a) Deferred Compensation account. Town’s payment to PIRNEJAD’s Mission Square 401(a) Deferred Compensation account shall be paid proportionately through equal payments in each regular pay period within a calendar year for TOWN employees. PIRNEJAD may also, in his sole discretion, choose to have the TOWN pay a portion of his salary into the Mission Square 457as deferred compensation plan, provided that such deferred compensation is deducted from PIRNEJAD’s salary and that the combination of the TOWN’s 401(a) payment and PIRNEJAD’s voluntary contributions to Mission Square 457 deferred compensation plan are in conformance with the maximums allowed by federal and state law. Any deferred compensation shall be prorated for the first and last months during which PIRNEJAD is employed as City Manager.
Except as modified herein, all other provisions of the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Town of Los Altos Hills has caused this First Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and PIRNEJAD has signed and executed this First Amendment.
TOWN OF LOS ALTOS HILLS
Linda Swan, Mayor
Town of Los Altos Hills
PETER PIRNEJAD
Peter Pirnejad
ATTEST:
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
Steve Mattas, City Attorney
5297992.1
Town of Los Altos Hills
WHEREAS, the month of May was chosen for Asian American and Pacific Islander (AAPI) Heritage Month to commemorate the immigration of the first Japanese people to the United States on May 7, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, in which the majority of the workers who laid the tracks were Chinese immigrants; and, WHEREAS, members of the AAPI community have shared their resilient family values, strong work ethic, dedication to education, and diversity in faith and creed, which have strengthened our great democracy; and, WHEREAS, Asian Americans and Pacific Islanders living in Los Altos Hills, California are a vital and valued part of our Town, making significant contributions to academia, business, medicine, law, technology, government, science, and social justice and making our Town and State a better place to live; and,
WHEREAS, on May 21, 2020 and April 15, 2021 the City Council of the Town Los Altos adopted resolutions denouncing xenophobia and anti-Asian sentiment arising at the start of the COVID- 19 pandemic and affirming its commitment to the well-being and safety of Asian American communities; and WHEREAS, despite the strength shown and successes achieved by Asian Americans and Pacific Islanders, we have seen a staggering rise in bullying, discrimination, and hate crimes against the AAPI community during the COVID-19 pandemic and beyond; and, WHEREAS, during AAPI month (May 2023), we should recommit ourselves to promoting equity and acceptance for the AAPI community, stand up against discrimination and hatred, and ensure that our state is a welcoming and inclusive place for all; and,
WHEREAS, we should also recognize and celebrate the many significant cultural, historical, and economic contributions Asian Americans and Pacific Islanders have made to the Town of Los Altos Hills, the State of California, and the United States;
NOW, THEREFORE BE IT RESOLVED, the City Council of the Town of Los Altos Hills proclaims the month of May 2023 as Asian American and Pacific Islander Month
DATED: February 16, 2023
BY: ________________________
Linda Swan, Mayor
ATTEST: ________________________
Deborah Padovan, City Clerk
roclamation
AGENDA ITEM #4.T
February 17, 2023
Jane Shinn
Senior Transportation Planner
Santa Clara Valley Transportation Authority
3331 North First Street
San José, CA 95134
RE: Support for Santa Clara County Roads and Airports Bike/Ped Planning Studies Grant Application for Foothill Expressway
Dear Ms. Shinn,
On behalf of the City Council of the Town of Los Altos Hills, we are writing to express my support for the County Roads and Airports Department's grant application for a 2016 Measure B Planning Grant for the Foothill Expressway Multi-modal Feasibility Study.
The County Roads and Airports Department is seeking this grant to undertake a feasibility study on Foothill Expressway. The study will identify infrastructure alternatives that accommodate and improve bicycle and pedestrian safety along the Expressway, including Junipero Serra Boulevard; the study area stretches from Sand Hill Road in the north to I-280 in the south.
The County’s application is founded in extensive public outreach efforts, including those initiated in 2014 during the extensive process to update the "Expressway Plan 2040,” those initiated in 2018 as part of the Homestead Corridor Safe Routes to School project, and of which VTA is the implementation lead, and most recently the efforts as part of the development of the County’s Active Transportation Plan.
The County has worked with the City of Los Altos and the wider community to host focused public engagement sessions to target feedback on travel and operational issues along the Expressway as a whole. The alternatives and concepts explored in the study are therefore intended to improve the safety and access for all users of Foothill Expressway. Included will be an evaluation of a protected or separated cycleway given the Expressway's higher travel speed and volumes and identification as a Cross-County bicycle corridor by the VTA and as a potential future regional bicycle superhighway.
In addition to the focus at the Homestead Road/Grant Road/Vineyard Drive intersection as part of the Homestead Corridor Safe Routes to School project, the City has been engaging with the County to collaborate on other intersections along Foothill Expressway. All of the intersections along the Expressway have been the subject of concern from local residents due to the conflict of vehicular traffic (moving at high speeds, especially in the slip lanes) with bicycle and pedestrian activity, especially for school children and older residents.
I therefore fully support this study and encourage your approval of the County’s application.
Thank you,
AGENDA ITEM #4.U
DRAFT
1 TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO THE TRIPEPI SMITH AGREEMENT
INCREASING THE NOT EXCEED AMOUNT TO $50,000 FOR MEDIA
AND COMMUNICATION SERVICES AND APPROPRIATING $50,000
FROM THE UNRESERVED GENERAL FUND FOR FY 2022-23.
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Tripepi Smith Agreement increasing the not exceed amount to $50,000 for media and communication services and appropriating $50,000 from the unreserved general fund for FY 2022-23.
BACKGROUND:
The City Manager entered into an agreement with media consultant Tripepi Smith on August 19, 2022 for communication services for the Town (Attachment 4). The scope of work under the agreement consisted of helping Town staff design the new Quarterly Town Newsletter through its initial design and ongoing support for staff to compile the newsletter.
In order to be more proactive in managing the Town’s communications the City Manager felt the need to consult with a media expert that can help manage the Town’s message and communicate more effectively. The Town is currently in contract with a qualified and capable communications expert that has the skills and qualifications for this type of media relations and outreach and as a result the City Manager is requesting the Council expand their contract.
DISCUSSION:
The Town is proposing to expand the scope of work with Contractor to include general outreach, communications and media relations related to public policy matters affecting the Town and community (Attachment 2). This work can include, but is not limited to, press releases, social media content, graphic design, media relations, and content writing. The work will be authorized as needed by the City Manager or his designee and Contractor will provide budget updates at the end of each month. Attachment 3 is the proposed First Amendment for this scope change.
The City Manager will keep the council apprised of progress and if the desired impact and reach is being achieved. Depending on the success of this effort the City Manager may suggest changes to the contract on a go forward basis.
AGENDA ITEM #4.V
Distributed 2/16/23
C.E.
P.P.
Staff Report to City Council Page 2
Trepepi Smith Agreement
February 16, 2023
ENVIRONMENTAL REVIEW:
The Trepepi Smith agreement is exempt from California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA. 2023 CITY COUNCIL WORK PLAN:
Authorizing the City Manager to execute the First Amendment to the agreement will help increase communication between the Council, staff, and residents of the Town. This can also help increase community engagement which is a Council goal for 2023.
FISCAL IMPACT:
The current agreement with Tripepi Smith has a do not exceed limit of $25,000. Authorizing the City Manager to execute the First Amendment will increase that limit to $50,000.
Additional funds are needed within the City Manager’s FY 2022-23 budget to cover this expense. Staff recommends appropriating $50,000 from the unreserved general fund for the current fiscal year.
ATTACHMENTS:
1. Proposed Resolution
2. Proposal for Change in Scope of Work
3. Proposed First Amendment to the Agreement with Tripepi Smith
4. Agreement with Tripepi Smith – dated August 19, 2022
Resolution __ -22 Page 1
RESOLUTION __ -22
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO TRIPEPI SMITH AGREEMENT INCREASING THE NOT EXCEED AMOUNT TO $50,000 FOR MEDIA AND COMMUNICATION SERVICES AND APPROPRIATING $50,000 FROM THE UNRESERVED GENERAL FUND FOR FY 2022-23
WHEREAS, the Town and Contractor previously entered into an agreement for communication support dated August 19, 2022; and
WHEREAS, the initial agreement had a not to exceed limit of Twenty-Five Thousand dollars and no cents ($25,000.00) and consisted of the following deliverables: quarterly newsletter design (one-time), design and layout of quarterly newsletter (ongoing), and website support; and WHEREAS, the Town is now interested in expanding on the services from the contractor to include messaging and public information management related to topics where the Town needs to manage the content and quality of public information being shared and misinterpreted by the public; and
WHEREAS, to account for the increase in scope, the not to exceed limit of the agreement shall be increased to Fifty Thousand dollars and no cents ($50,000.00); and WHEREAS, $50,000 shall be appropriated from the unreserved general fund to FY2022-23 to cover the expense.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby authorizes the City Manager to execute the First Amendment to the Tripepi Smith Agreement increasing the not exceed amount to $50,000 for media and communication services and appropriating $50,000 from the unreserved general fund for FY 2022-23.
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 16th of February 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Linda Swan, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Attachment 1
Proposal submitted for:
Expanded Communications Support
TOWN OF LOS ALTOS HILLS
Submission Date: Tuesday, February 15, 2023
VALID FOR 30 DAYS
By: Ryder Todd Smith, Co-Founder & President
Amy Lattarulo-Conrad, Director
Attachment 2
Town of Los Altos Hills / Expanded Communications Support / Version 1.0 2 The Town of Los Altos Hills is already engaged with Tripepi Smith in current work with the Town to assist with an array of communications. The Town has now asked to expand the scope.
NEW SCOPE OF WORK
The following scope of work reflects our understanding based on our prior conversations with the City Manager’s Office regarding the need for public information and outreach about the Town’s Housing Element Plan. We propose executing this work on a Time & Materials basis that allows the Town the flexibility to tap into the breadth of Tripepi Smith’s services as it needs them.
Potential work includes the following types of activities:
Check-In Calls
To coordinate our efforts and sustain momentum on projects, Tripepi Smith will schedule a recurring, onehour phone call that will include a designated lead for our engagement. These calls will help drive content planning for various communications channels, including the webpage, press releases and social media posts and stories. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call. After each call, the client will receive an action summary email about decisions made on the phone call and related action steps. We will produce work, such as press releases and social media content, in a shared workspace where the Town can see our progress in real time and provide instant feedback as needed. These tools allow for enhanced collaboration and expedite the production process.
Community Feedback Tool Development
Online Feedback Tool: Tripepi Smith will create a questionnaire intended for distribution through a webbased platform to gather feedback from community members online. This scope includes the use of any free web-based platform, to be agreed upon by the Town. (See the Ad Hoc section below for an option for a paid survey tool.)
Social Media Content Development
Content Creation: Social media content creation involves: planning, sourcing graphics, grammar checking and scheduling the post. Tripepi Smith will create up to ten (10) posts over the course of the engagement to communicate the facts on the Town’s compliance with the state housing laws, as well as facts about builder’s remedy and publicize the Town’s commitment to providing low-income housing.
Monitoring: Tripepi Smith will monitor inboxes for questions and comments. When appropriate, responses will be drafted, which will occasionally require fact-checking and seeking out guidance from the Town.
Additional: Boosted posts and targeted ads are also helpful in disseminating facts to community members.
Tripepi Smith will set up 1 social media ad via Meta and track/report ad metrics. (The cost of paying Meta for the ad is separate; fees to be agreed upon and paid separately by the Town).
Op-Ed/Thought Leadership Article
Tripepi Smith can collaborate with Town leaders to draft an op-ed piece designed to address public concerns about the challenges and issues related to housing policy. Tripepi Smith will work with City staff to review and finalize, work to secure the op-ed placement in local newspapers and execute follow-up for placement.
Town of Los Altos Hills / Expanded Communications Support / Version 1.0 3 News Article/Press Release
Tripepi Smith proposes to draft press releases throughout the project to ensure local media aids our efforts to reach Town residents. Tripepi Smith will identify media contacts, collaborate with Town staff to further expand the media list and ensure we reach diverse media. For key media, Tripepi Smith will follow up with phone calls.
Website Support
Tripepi Smith will supplement staff efforts to produce a landing page on the Town website specific to the issue and for the purpose of providing residents a clear understanding of the housing element plan and issue narrative. We will house the housing element plan, a timeline of the process with the state, links to follow social media platforms, a survey link and the other content developed in this area. Our team has experience managing the content management system of the City’s website services provider.
Media Intelligence Services
As media and technology are constantly evolving, organizations are trying to find the latest and greatest ways to tell their stories and find out what others are saying about them. To stay ahead of the curve, Tripepi Smith invested in Meltwater, an enterprise-class comprehensive media monitoring solution. Meltwater enables communications professionals and organizations to streamline their media monitoring, reporting, analytics and more.
Meltwater allows users to monitor media mentions, create newsletter summaries and share summary reports on insights—all in one platform. Whether you want to keep track of news articles mentioning your organization or find a list of media contacts, a combination of Tripepi Smith professionals and the Meltwater tool can meet your needs.
In addition to the customization of searches and convenient content newsletters, Tripepi Smith can use Meltwater to create digestible and comprehensive insight reports on the sentiment, location and top sources of content you are monitoring. These reports can help inform decision-making on communication matters within your organization.
BASIC PACKAGE EXTENSIVE PACKAGE
Monthly Cost $495 $825
Custom Content Streams – News 1 3
Custom Content Streams – Social Media 1 3
Automated Media Digest Frequency Weekly Daily
Analytics Dashboard Frequency Monthly Weekly
Additionally, offers add-ons including:
Media Contact List: $250/ list
Additional Content Stream: $275/ month
Services for non-Meltwater subscribers: $330 base + add-on service(s) cost
Town of Los Altos Hills / Expanded Communications Support / Version 1.0 4 COST PROPOSAL
Tripepi Smith proposes an Ad Hoc or Time & Materials arrangement for this work. The rates below are reflective of the existing agreement Tripepi Smith has in place with the Town. Please see our FY 2022-23 Time & Materials hourly rates below. Retainer rates are available to client on retainers of $6,750 or more.
Title Resource Hourly - Standard Hourly - Retainer
Principal $330.00 $275.00
Director $220.00 $185.00
Art Director $220.00 $185.00
Senior Business Analyst $175.00 $150.00
Business Analyst $120.00 $120.00
Junior Business Analyst $95.00 $80.00
Translator $95.00 $80.00
Senior Videographer/Animator $175.00 $150.00
Photographer/Videographer $120.00 $100.00
Senior Graphic Designer $160.00 $135.00
Graphic Designer $120.00 $100.00
Web Developer $175.00 $150.00
Drone Operator $175.00 $150.00
Billing
Time at Tripepi Smith is billed in 15-minute increments – i.e., we invoice our time in the following examples:
1.25, 0.75, 4.0 or 6.5 hours.
Annual Increase
Per the Town’s standing agreement, Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional CPI index–whichever is higher-each year on the anniversary of the original contract date, starting in the Fiscal Year 2023-24.
Town of Los Altos Hills / Expanded Communications Support / Version 1.0 5 Time & Materials Cost Estimates for Communication Support Tripepi Smith is providing estimated pricing for our work using our time and materials rates.
Add-On Element Price Notes
Check-In Calls $450 / call
Survey $825
Social Media Posts ~$250 / post Includes ideation, writing, Canva design; SM listening
will be a separate item.
Op-Ed/Thought Leadership
Article
$1,820 / Article Includes distribution.
News Article/Press Release ~ $675 / Article or Release Up to 500 words typically Cloud Webmaster Website
Content Services
~$450 / Month using T&M
Basis
Loose estimate on fees based
on narrow scope of content
editing
Media Intelligence Services $495-$825 / Month Options detailed in table above.
Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement that we want to tell you about.
Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the Town for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Hourly Rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.
As such, in those cases, the following rates apply:
Title Half Day Full Day
Video Equipment $350 $550
Drone Equipment N/A $500
• Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. • Three-hundred-fifty dollars ($350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the Town prior to fee being assessed.
Town of Los Altos Hills / Expanded Communications Support / Version 1.0 6 • Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
Service Fees
Title Client Pays Directly Client Reimburses TS
Print costs, digital advertising, media
placement, voiceover/captions No Fees 10%
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.
Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.
Media Placement: Tripepi Smith can help liaise on behalf of the Town for advertising space within various mediums, such as newspapers, magazine or websites.
Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.
Tripepi Smith Partnerships
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:
PublicCEO
– digital news about public affairs, reaching over 10,000 California government executives https://www.publicceo.com
Civic Business Journal
– digital interest stories about the people in local government https://www.civicbusinessjournal.com
FlashVote
– planning, implementing, measuring civic surveys
https://www.flashvote.com
TS Talent Solutions
– talent search services for local government and related agencies https://tstalentsolutions.com
1 FIRST AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF LOS ALTOS
HILLS AND TRIPEPI SMITH FOR COMMUNICATION SUPPORT FOR THE TOWN THIS FIRST AMENDMENT (“Amendment”) is made and entered into on this 16st day of February 2023, by and between the Town of Los Altos Hills (“Town”) and Tripepi Smith (“Contractor”). Town and Contractor are sometimes collectively referred to as “Parties” hereinafter.
RECITALS
WHEREAS, the Town and Contractor previously entered into an agreement for communication support dated August 19, 2022; and
WHEREAS, the initial agreement had a not to exceed limit of Twenty-Five Thousand dollars and no cents ($25,000.00) and consisted of the following deliverables: quarterly newsletter design (onetime), design and layout of quarterly newsletter (ongoing), and website support; and WHEREAS, the Town is now interested in expanding on the services from the contractor to include messaging and public information management related to topics where the Town needs to manage the content and quality of public information being shared and ensure accurate information is driving public discussion; and
WHEREAS, to account for the increase in scope, the not to exceed limit of the agreement shall be increased to Fifty Thousand dollars and no cents ($50,000.00); and WHEREAS, the Parties desires to amend the Agreement as described herein.
NOW, THEREFORE, in consideration of this First Amendment, the mutual promises, covenants, and stipulations herein contained, the parties hereto agree to amend the Agreement as follows:
1. Amendments to Agreement. The following portions and sections of the Agreement, as amended, are hereby amended as follows, with additions in bold italics and deletions in strikethrough text:
a. Amendments to Section 4.a.
TOWN shall pay CONTRACTOR an amount not to exceed Twenty -Five Thousand dollars and no cents ($ 25,000. 00) Fifty Thousand dollars and no cents ($50,000.00) within thirty (30) days following receipt of invoice and completion/ delivery of services/ goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/ industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount.
[SIGNATURE PAGE FOLLOWS]
Attachment 3
2 IN WITNESS WHEREOF, this Amendment has been executed as of the date set forth above.
Town of Los Altos Hills Tripepi Smith
AGREED: AGREED:
Peter Pirnejad Ryder Todd Smith
City Manager President
AGREEMENT
THIS AGREEMENT is made and entered into on the J day of August 2022 by and between the TOWN OF LOS ALTOS HILLS ( hereinafter referred to as " TOWN") and TRIPEPI SMITH ( hereinafter referred to as " CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/ or materials:
Communication Support
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement:
Proposal from CONTRACTOR dated August 2, 2022
3. TERMS. The services and/ or materials furnished under this Agreement shall commence September 1, 2022 and shall be completed by September 30, 2023, unless terminated pursuant to Section 5( f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed Twenty -Five Thousand dollars and no cents ($ 25,000. 00) within thirty (30) days following receipt of invoice and completion/ delivery of services/ goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/ industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR' s costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/ services.
Town of Los Altos Hills Page 1 of 5
Short form
Updated 4126122
Attachment 4
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury ( including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR' S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined. 1, 000, 000. 00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two ( 2) times the occurrence limit.
iii. AUTOMOBILE INSURANCE: $ 1, 000, 000. 00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $ 1, 000, 000. 00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording " endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name " The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills Page 2 of 5
Short form
Updated 4/ 26/ 22
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
c. NON- DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven ( 7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a " work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, nonexclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration Town of Los Altos Hills Page 3 of 5
Short form
Updated 4/ 26/ 22
for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services.
CONTRACT ADMINISTRATION. The TOWN hereby designates [ insert applicable staff title] and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits.
6. INVOICING. Send all invoices digitally to the contract coordinator at the email address below.
This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above.
CONTRACT COORDINATOR and
representative for TOWN:
Deborah Padovan
City Clerk
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
lahfinance( a-)-losaltoshills. ca. gov
CONTRACTOR:
J; ei2si2o2z
By:
Sinature Date
Ryder Todd Smith, President
Print name, Title
TOWN OS TOS HILLS:
Peter Pirnejad, Ory Zanager Date
Town of Los Altos Hills Page 4 of 5 Short form g
Updated 4/ 26/ 22
TRI PEPI SMITH
marketing • technology • public affairs
Proposal submitted for:
Communication Support
TOWN OF LOS ALTOS HILLS
IROS ALTOS HILLS
CALIFORNIA
Submission Date: Tuesday, August 2, 2022
VALID FOR 30 DAYS
By: Ryder Todd Smith, Co -Founder & President
TRIPEPI SMITH
TABLE OF CONTENTS
Section A: Firm Background & Experience.................................................................... 4 Section B: Proposed Project Team................................................................................ 9 Section C: Samples of Work........................................................................................ 13 Section D: Proposed Scope of Work........................................................................... 14 Section E: Cost Proposal............................................................................................. 15 SectionF: References.................................................................................................. 18 SectionG: Resumes..................................................................................................... 19 Tripepi Smith Testimonial
We' ve turned to Tripepi Smith
for support on a number of
communications projects
over the past four years, and
Ryder and his team have always
delivered high- quality work.
Tripepi Smith' s graphic design skills are
excellent and reflect a familiarity with
local government that is important to the "
design process.
Ba
4. City of Cupertino
Communications Officer,
CREATIVE SERVICES 9 Communication • Web • Social Media • Photography • Video • Design 2
TRIPEPI SMITH 9
Dear Dr. Peter Pirnejad:
Thank you for this opportunity to provide strategic communications support services to the Town of Los Altos Hills. This statement identifies Tripepi Smith' s qualifications to provide the requested services to support Staff outreach efforts and enhance Town communications. Our professional, experienced team is well- positioned to help diversify Town outreach, advance transparency and build rapport between the Town and its community.
Tripepi Smith has a strong record of working with public agencies throughout California to better educate, engage and connect with residents. We have been providing such support since 2000. This work involves collaborating with Staff to develop and execute on comprehensive educational outreach campaigns as well as optimize communication methods. Our expertise is in reaching, engaging and promoting the involvement of stakeholders, which we accomplish through an array of services spanning videography, website development, copyediting, graphic design, photography and much more.
Per our conversations, we are proposing a flexible agreement through Fiscal Year ( FY) 2022- 23, that allows Tripepi Smith to " ramp up" efforts according to Town budget and priorities.
Tripepi Smith looks forward to working with Staff to take Los Altos Hills' communication to the next level.
Respectfully,
Ryder Todd Smith
Co -Founder & President
Tripepi Smith
Tripepi Smith Testimonial
Being transparent about water quality with
our residents and addressing their questions
is important to the City of Lomita. Tripepi
Smith brought technical skills and an
understanding of water policy in California to
the table that enabled the City to complete
the website in less than four weeks.
Tripepi Smith offered a quick single -
stop solution to the City' s needs, and
they were a great partner to us. 99
s
Ryan Smoot
City Manager, Lomita
CREATIVE SERVICES • Communication • Web • Social Media - Photography • Video • Design
TRIPEPI SMITH
SECTION A: FIRM BACKGROUND & EXPERIENCE
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand- in- hand with marketing and technical expertise. As a full- service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies— each strongly represented in our client list.
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At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Full- time creative professionals generate compelling branding, websites, design, social media, photography and video.
The collaboration between Creative Services and Analysts keeps communications engaging and on -message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need.
Grounded in civic affairs: Co-founder and CFO Nicole Smith is a 2" d - generation civic affairs professional ( her father was a city manager for 30 years). Meanwhile, co-founder and president of Tripepi Smith, Ryder Todd Smith, brings over a decade of public agency marketing and communications experience to the table.
Legal Structure and Financial Matters
Tripepi Smith is a California S Corporation. Ownership is equally split between Co -Founders Nicole D. Smith and Ryder Todd Smith.
Tripepi Smith has been incorporated since 2002 and has generated a profit every year it has been in operation. We have never had a legal claim filed against us and have never failed to fulfill a contract commitment.
Implementing Strategy and Engaging Audiences
Tripepi Smith recognizes the important interplay of public affairs and design. It' s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith' s multi -faceted design team enables us to reach these goals and lead effective creative strategy.
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video 9 Design
TRIPEPI SMITH
Strategic
Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government.
Our team has a strong record of working with public agencies, joint solutions that reflect
our deep understanding
of local government."
powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community.
Creative
Tripepi Smith' s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non- traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.
Content x Distribution = IMPACT
Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actuall-y see that content. Without content distribution, there is no impact.
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CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design
TRIPEPI SMITH
Our Services
Strategy, Marketing, Communications
Strategic development, research,
surveys, messaging
Social media management
Web and social media strategy,
optimization ( SEO), metrics
Web hosting and support
Email campaigns
Relations ( media, stakeholders,
public, government)
Support and training for events,
presentations and virtual
gatherings
Google AdWords, Linkedln and
Facebook advertising
Creative Services
Full- service graphic design for
digital, print and outdoor
1,40 Brand and logo development
1* 1 Content generation, writing and
editorial
v', Output services ( digital
distribution, print management,
mail management)
Photography, illustration and
information graphics
1,, Video and animation
X10 Web design and implementation
Tripepi Smith Testimonial
64 Tripepi Smith hit the ground running,
bringing ideas to the table and
executing on coronavirus
communications and other critical
community stories.
They were also a huge help to our team
during the Bobcat Fire, including expanding
our capacity for emergency alerts and
Facebook Local Alerts. We look forward to
the positive
Smith'
impact
s partnership
of having
with
two
the
years
City.
of
9 Daniel Jordan
City Manager, Duarte 7V
CREATIVE SERVICES 9 Communication • Web • Social Media • Photography 9 Video 9 Design 6
TRIPEPI SMITH 9
Client Roster
Tripepi Smith has been selected to work with over 60 local government agencies to help with their communications. We can provide you with contacts at any of these clients and are confident you will find them to be quite happy with our services. City or city -related clients we are actively supporting are bolded.
California City Management
Foundation
City of Aliso Viejo
City of American Canyon
City of Azusa
City of Baldwin Park
City of Bellflower
City of Benecia
City of Burlingame
City of Claremont
City of Coronado
City of) Culver City
City of Cupertino
City of) Daly City
City of Danville
City of Duarte
City of EI Cerrito
City of Fountain Valley
City of Foster City
City of Fullerton
City of Gilroy
City of Grover Beach
City of Hawaiian Gardens
City of Huntington Beach
City of Hercules
City of Indian Wells
City of Industry
City of Irvine
City of La Canada Flintridge
City of La Palma
City of La Puente
City of La Verne
City of Lake Forest
City of Laguna Hills
City of Laguna Niguel
City of Lancaster
City of Livermore
City of Lomita
City of Lynwood
City of Manhattan Beach
City of Manteca
City of Martinez
City of Millbrae
City of Morgan Hill
City of Murrieta
City of Napa
City of Norwalk
City of Orange
City of Orinda
City of Palm Desert
City of Palmdale
City of Paramount
City of Pismo Beach
City of Placentia
City of Pomona
City of Rancho Palos Verdes
City of Rancho Mirage
City of Riverbank
City of Rolling Hills Estates
City of San Clemente
City of Santa Ana
City of Santa Clarita
City of Santa Cruz
City of Santa Paula
City of Saratoga
City of Stanton
City of South Gate
City of Tracy
City of Vallejo
City of Vista
CREATIVE SERVICES • Communication • Web • Social Media 9 Photography • Video • Design City of Walnut
City of Westlake Village
Town of Windsor
County of Merced
County of Fresno
County of Sonoma
County of Santa Barbara
County of Kings
California Contract Cities
Association
CalChoice Energy CCA
California Joint Powers Insurance
Authority
Citrus Heights Water District
Claremont McKenna College
Costa Mesa Sanitary District
EI Toro Water District
Independent Cities Association
Independent Cities
Finance Authority
Inland Empire Utilities Agency
Institute for Local Government
League of California Cities
Municipal Management
Association of
Northern California
Municipal Management
Association of
Southern California
Orange County City
Manager Association
Orange County
Sanitation District
Palmdale Water District
Rowland Water District
San Gabriel Valley City
Managers' Association
TRIPEPI SMITH
Local Government Affiliation and Support
Tripepi Smith is firmly committed to the local government world and actively supports the local government association and professional staff who make cities work. Our sponsorship and affiliation with professional industry groups includes:
California City
Management Foundation
California Association of Public
Information Officials
League of California Cities
California Contract Cities
Association
Independent Cities Association
Orange County City Manager
Association
Cal- ICMA
Tripepi Smith Testimonial
66 Tripepi Smith has consistently
delivered high-quality writing,
impressive visuals and constructive
insights that benefit our residents.
San Gabriel Valley City
Managers' Association
Municipal Management
Association of Northern
California
Municipal Management
Association of Southern
California
Institute for Local Government
University of Southern California
City/ County Management
Fellowship
Indian Wells wants to ensure we communicate
with both residents and businesses, and
Tripepi Smith has helped improve and
heighten our outreach and engagement
efforts for each of those groups. "
Chris Freeland
City Manager,
City of Indian Wells
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 8
TRIPEPI SMITH 9
SECTION B: PROPOSED PROJECT TEAM
Tripepi Smith anticipates Hannah Lebiga as lead graphic artist and project manager. Saara Lampwalla and Melanie Moore will provide copyediting and project management support under Hannah' s leadership. Kevin Bostwick will be a part of the newsletter design process, providing strategy and oversight on the initiative.
Kevin Bostwick Saara Lampwalla
Ala,
Hannah Lebiga
AL Melanie Moore
Art Director Sr. Bus. Analyst Bus. Analyst & Jr. Bus. Analyst Graphic Artist
Of course, Tripepi Smith is a collaborative firm, with many available skillsets. Resources will be brought to the table when necessary to aid the Town in telling its story.
Team Details
See the Resume Attachment A for full professional experience, education and degrees) Kevin Bostwick Kevin is an experienced Art Director and creative manager. He delivers Art Director powerful ideas visually, distilling unexpected stories from challenging Role: Design Strategy content and designing media for understanding and absorption. He directs and executes for digital, interactive and print mediums, delivering across a blend of channels, particularly for learning, data - display and presentation. His work for major clients has included digital Based in Claremont, tools, logos, presentation, interactive learning, advertising and print CA design. He navigates the whole ecosystem, working with high- powered stakeholders to shape concepts, UX, branding, strategy, writing, asset management, information architecture, and infographics. Kevin' s clients have included Clean Energy Alliance ( Community Choice Energy), Cosumnes Community Services District, City of Aliso Viejo, Culver City, City of Napa, City of San Leandro, City of Manteca, City of Livermore, City of Palmdale, Pivot Charter Schools, California Joint Powers Insurance Authority and Renne Public Law Group.
TRIPEPI SMITH 9
marketing • technology • public affairs
TRIPEPI SMITH 9
Saara Lampwalla Saara has been a Junior Business Analyst, Business Analyst and Senior Senior Business Analyst Business Analyst at Tripepi Smith, giving her opportunities to deliver Graphic Artist
on the spectrum of Tripepi Smith' s offerings, from full communication Role: Client Support assessments and video productions to full- scale public education Role: Project & Design
campaigns and event planning. She now leads engagement and Lead
advises on strategy having gleaned experience from collaborating with Based in Dana Point, dozens of private and public sector clients including the City of Culver CA City, City of Duarte, City of Baldwin Park, City of Westlake Village, City Based in Irvine, CA
of Hercules, California Contract Cities Association, Institute for Local Government, League of California Cities, Orange County City Managers Association, San Gabriel Valley City Managers' Association and Climatec. In her tenure, Saara acted as Tripepi Smith' s own marketing manager for three years. She now acts as a business development manager for the firm, and also serves as managing editor for Tripepi Smith' s California local government news publication, PublicCEO.
Saara is certified in Constant Contact, Hootsuite Social Marketing, Hubspot Inbound Marketing and Google Analytics. She also completed the University of California, Irvine Public Policy Making Academy II in 2020. Saara has her bachelor' s degree in public relations from California State Polytechnic University, Pomona, with minors in marketing management, journalism and philosophy.
Hannah Lebiga Hannah brings a diverse skillset that combines visual storytelling with Business Analyst & marketing strategy to the Tripepi Smith team. Hannah graduated from Graphic Artist California State University, Long Beach with a degree in Marketing, where she utilized her experience to lead the creation of compelling Role: Project & Design
marketing campaigns for innovations in precision measurement, 3D Lead printing and additive manufacturing industries. Hannah deploys her passion for visual storytelling when screenwriting, directing and editing video. She also propels strategic content across print and digital Based in Irvine, CA platforms using her skills in graphic and web design, leads teams through social media strategies to support business development and coordinates corporate events and industry trade shows.
Hannah is a Hootsuite Social Marketing Professional. Her work includes various creative projects.
10 TRIPEPI SMITH
marketing • technology • public affairs
TRIPEPI SMITH
Melanie Moore
Jr. Business Analyst
Role: Client Support
Based in San Mateo,
CA
Melanie is a driven and detail -oriented individual with a background in financial research and marketing. She graduated from Claremont McKenna College with a Bachelor of Arts degree in Economics.
Melanie' s prior experience includes her on -campus involvement with the Financial Economics Institute where she strengthened her research, reporting and data analysis skills to provide insightful models and literature on an accounting labor market issue. She also exercised her creative skill set with website rebranding and 132C marketing solutions work as a marketing intern for CoralTree Hospitality Group and a marketing research analyst for Exous Inc.
Melanie is a certified Hootsuite Social Marketing Professional. Her clients include the City of Manteca, City of San Bruno, California Contract Cities Association and Climatec.
Lei
Resumes for this team who would be assigned to the Los Altos Hills engagement are included in Section G. 9 TRIPEPI SMITH 11
marketing • technology • public affairs
TRIPEPI SMITH
Team Tripepi Smith - Complete Personnel
Ryder Todd Smith
Co-founder & President
Nioole Smith
Co- founder & CFO
CREATIVE SERVICES
Katherine ' APR
Pr cipsl
Jennifer NentwAPR
Principal
Jr. Business Analyst L
Jon Baritone
Principal
Kevin Bostwick
Art Director
1....,,...--
Cameron Grimm1 Jennifer Vaughn LDirector --, ! Director ttt......--- .-
Business Analyst
JWW& r Rug" W
Director
Kjats do WIlingmMelanie
Sr. Graphic Artist
Jamn Saara Lampwalls
Sr. Business Analyst t r. Business Analyst
Jr. Business Analyst
Karan Wassfior
Sr. Busse Analyst
Saraas
BusinessAnalyst
BsiesAga
Business Analyst
Ka nM
Busies Analyst L
sni overly
Business Analyst
Anne Jang
Jr. Business Analyst
AWssy Logue Allison Tomes
Jr. Business Analyst Business Analyst
Ksediyn Hernandez
Business Analyst
Josh Hernandez , Jodah Solb
Jr. Business Analyst Jr. Business Analyst:
Ksvork Kurdoghlian L
Business Analyst
Danielle Rodriguez
Business Analyst
Nolan Vega Eldon Shut Skyler Addison
Jr. Business Analyst Jr. Business Analyst Lir- Business Analyst Charlie Mounts
Jr. Business Analyst
Melanie Moore
Jr. Business Analyst
Alyson Nichols
Jr. Business Analyst
Kalee Cummings Claire Torre
Jr. Business Analyst Jr. Business Analyst L
CaiThompson Molly Alvarado
Jr. Business AnalystJr. Business Analyst
John Balliet David Gushue
Jr. Business Analyst Jr. Business Analyst
Kylie Benzing
Jr. Business Analyst
Kayla Cao
Jr. Business Analyst
Jacob Lyle
Jr. Business Analyst
Amy Gallagher
Jr. Business Analyst
Additionally, sometimes for video work, printing, niche website development needs or mailing we may use subcontractors. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with:
InfoSend — Print and Mail House Services
DLS Printer Services — High- end Printing for Collateral Emily Baker — Voiceover Work
12 TRIPEPI SMITH
marketing • technology • public affairs
TRIPEPI SMITH I?
SECTION C: SAMPLES OF WORK
The following examples highlight work that speaks to the scope of work.
Larger samples available online:
www.TripepiSmith. com/ Los-Altos- Hills
We encourage you to see all the work we have done for clients through our online portfolio at www. TripepiSmith. com/ Work
9 TRIPEPI SMITH 13
marketing • technology • public affairs
TRIPEPI SMITH 9
SECTION D: PROPOSED SCOPE OF WORK
The following scope of work reflects our understanding based on our prior conversations with the Town Manager' s Office stakeholders. Tripepi Smith proposes a combination of Fixed, Retainer and Time & Materials work to allow the Town access to all Tripepi Smith services.
1. Quarterly Newsletter Design (One -Time)
One- time graphic design time to create an eight -page design template for a new Los Altos Hills newsletter.
Inclusive of two drafts ( draft, final) and two collaborative meetings ( kickoff, draft review).
Fixed Flat Fee: $ 4,045.00
2. Design and Layout of Quarterly Newsletter ( Ongoing) Graphic design time to design, layout and manage printing of the eight -page quarterly newsletter as well as copyediting time to review all content ( up to seven articles), which is to be written by the City. Tripepi Smith will make our resources available on an ad hoc basis to assist with content writing. Per discussion, the City will provide photos for use in the newsletter. The creation of custom artwork is excluded from this scope but will also be available on an ad hoc basis. Inclusive of two drafts per edition ( draft, final). Priced at $ 4, 125. 00 per edition or $ 16, 500. 00 per year.
Retainer Flat Fee: $ 1, 375.00/ month
3. Website Support
Tripepi Smith will supplement Staff efforts to make the Town website easier to navigate through content organization, copywriting and maintenance services. Our team has built websites from scratch as well as managed website content for towns and other public agencies. Our breadth of experience spans content management systems, including CivicPlus, Revize, WordPress, Vision, Civica and OpenCities, plus analytics software, such as Piwik and Google Analytics. We combine data on how constituents use the Town website, technical knowhow and writing skills to inform how website content may be better organized.
Time & Materials/Ad Hoc
14 9
TRIPEPI SMITH
marketing • technology • public affairs
TRIPEPI SMITH ABIX17-11
SECTION E: COST PROPOSAL
Tripepi Smith proposes a Retainer agreement with one Fixed component and an Ad Hoc or Time & Materials component through June 30, 2023. Please see our FY 2022- 23 Time & Materials hourly rates below. Retainer rates are available to client on retainers of $ 6, 500 or more.
Resource
Principal
Director
Art Director
Senior Business Analyst
Business Analyst
Junior Business Analyst
Translator
Senior Videographer/ Animator
PhotographerNideographer
Senior Graphic Designer
Graphic Designer
Web Developer
Drone Operator
120. 00
Billing
Time at Tripepi Smith is billed in 15 -minute increments — i. e. we invoice our time in the following examples:
1. 25, 0. 75, 4. 0 or 6. 5 hours.
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent ( 5%) or the regional CPI index—whichever is higher -each year on the anniversary of the contract, starting in the Fiscal Year 2023- 24.
Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production -related fees that may come up during our engagement that we want to tell you about.
Travel Costs
TRIPEPI SMITH 15
marketing • technology • public affairs
TRIPEPI SMITH
Travel costs must be pre -authorized and then will be reimbursed by the Town for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource' s Standard Hourly Rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.
As such, in those cases, the following rates apply:
Half Day Full Day
Video Equipment $ 350 $ 550
Drone Equipment N/ A $ 500
Five -hundred -fifty dollars ($ 550) for a full day of video equipment use ( includes full set of video equipment). Full day is defined as a shoot lasting four ( 4) or more hours.
Three -hundred -fifty dollars ($ 350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the Town prior to fee being assessed.
Five -hundred dollars ($ 500) per day drone fee applies and is not inclusive of the drone operator time Drone Operator rate).
Service Fees
Client Pays Directly Client Reimburses T5
Print costs, digital advertising, media
placement, voiceover/ captions No Fees 10%
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent ( 10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
Print Costs: Tripepi Smith is happy to use a printer of the client' s choosing for print production work, or to recommend a printer with whom we have experience.
Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.
Media Placement: Tripepi Smith can help liaise on behalf of the Town for advertising space within various mediums, such as newspapers, magazine or websites.
Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third -party resources to record voiceovers for videos, generate closed captions for videos, and for non- English language translations.
Tripepi Smith Partnerships
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:
TRI PEPI SMITH
16 marketing • technology • public affairs
TRIPEPI SMITH 9
PublicCEO
digital news about public affairs, reaching over 10, 000 California government executives https:// vvww. pubIicceo. com
Civic Business Journal
digital interest stories about the people in local government https:// www. civicbusinessjournal. com
FlashVote
planning, implementing, measuring civic surveys
https:// www. flashvote. com
TS Talent Solutions
talent search services for local government and related agencies https:// tstalentsolutions. com
Tripepi Smith Testimonial
66 Thanks to Tripepi Smith, we' ve made
significant strides in our outreach. In four
years, we' ve achieved several milestones
with the team.
Tripepi Smith fully immerses themselves in our
situations to get a clear understanding of the
developments and challenges that the Paramount
community faces. They then provide input and
recommendations which I have found to be
immensely valuable for our City's communication
efforts. The team at Tripepi Smith have truly become
a valued partner in our City' s ongoing success.
7 John Moreno
City Manager, Paramount
TRIPEPI SMITH 17
marketing • technology • public affairs
TRIPEPI SMITH
SECTION F: REFERENCES
City of Culver City
Shelly Wolfberg
Asst. to the City Manager
310. 253. 6008
she] ly.wolfberg@cuIvercity. org
9770 Culver Blvd, Culver City, CA 90232
City of Daly City
Stephen Stolte
Assistant to the City Manager
650. 991. 8126
sstolte@dalycity. org
333 90th St, Daly City, CA 94015
City of Duarte
Dan Jordan
City Manager
626. 590. 4633
djordan@accessduarte. com
1. 600 Huntington Drive, Duarte, CA 91010
City of Cupertino
Esther Kwon
Communications Officer
408. 777. 3106
estherk@cupertino. org
10300 Torre Ave, Cupertino, CA 95014
Description
Communications Assessment, strategy and action items,
social media management, social media and media
monitoring, ongoing communications support,
videography, monthly metrics reporting, photography,
graphic design, bi- weekly client calls and crisis
communications.
Period: 2017 to present
Community newsletter generation: design, layout, content production and copywriting, editorial calendar planning.
Period: 2017 to present
Tripepi Smith conducted a full communications
assessment for the City of Duarte in 2014. After ad hoc video, photo and email outreach work over a few years,
the City engaged Tripepi Smith in 2020 to refresh the
2014 communications assessment, create a style guide,
consult in creating a new website and to redesign its
quarterly newsletter. Additionally, the City entered a
retainer agreement for social media services, writing news articles and press releases, updating the website,
delivering monthly metrics reports, conducting weekly
project management calls as well as quarterly strategy
calls with leadership and to produce the quarterly
newsletter.
Period: 2014 to present
Tripepi Smith provides graphic design services for
Cupertino' s 12 -page monthly newsletter, The Scene.
Period: 2018 to present
TRIPEPI SMITH
18 marketing • technology • public affairs
TRIPEPI SMITH
SECTION G: RESUMES
KEVIN BOSTWICK
TRIPEPI SMITH —ART DIRECTOR 10/ 19 — PRESENT
Consult, design, and execute on premium design projects. Assist team of junior to senior graphic artists by providing inspiration, creative direction and workflow management
Manage client accounts and creative presentation, encourage business development where the focus is design
Ensure quality assurance, brand consistency and overall visual quality. Establish high technical standards, manage internal and external creative resources and vendors, provided project management and consulting
KB GRAPHIC STUDIO — PRINCIPAL 01/ 03 —10/ 19
Content strategy and information design for both digital and print communications Data visualizations, interactive components, information models, and diagrams used for assessment, learning, marketing, and presentation Some projects: Canon, Walmart, Coca- Cola, HP, Google, PNC, Clarkson University, Goodwill KORN FERRY INTERNATIONAL — ART DIRECTOR 01/ 12 — 03/ 18 Design for talent acquisition, leadership training, performance and retention Development of internal brands and product lines, white -label offerings, and client brands Lead design process for stakeholders ( product owners, SMEs, business strategists, etc.) Some internal clients: Futurestep, Hay Group, Lominger, Global Novations Some external clients: Chevron, Johnson & Johnson, 7 Habits, Cemex, Fonterra, Genentech MARRIOTT INTERNATIONAL —ART DIRECTOR 01/ 03 —01/ 12
Graphic design for advertising, logos, presentations, brochures and magazines Data visualizations, interactive components, information models, and diagrams Some Marriott projects: JW Marriott, Marriott Resorts, Renaissance, Marriott Brand Family CLAREMONT MCKENNA COLLEGE— SENIOR GRAPHIC DESIGNER 08/ 11 — 06/ 12 Design and management of creative assets, vendor relations, pre -press.
Some Claremont McKenna projects: admissions brochures, alumni magazine, logo development
EDUCATION
Bachelor of Arts in Philosophy/ Literature — Reed College — Portland, OR SKILLS
Strategy, development, blended • User stories, UX, information • Microsoft Office media architecture •
Creative workflow and
Wireframes, storyboards • Implementation, engineering, agile management Data design and infographics production
Brand development • Adobe Creative Suite
9 TRIPEPI SMITH 19
marketing • technology • public affairs
TRIPEPI SMITH 9
SAARA LAM PWALLA
TRIPEPI SMITH —SENIOR BUSINESS ANALYST 04/ 17 —PRESENT
Formulate marketing and communications strategies and tactics based on client goals Produce newsletters, events, surveys, press releases, articles and thought leadership pieces Provide video production management and support
SOUTH HILLS ACADEMY— MARKETING COMMUNICATIONS COORDINATOR 01/ 17 —04/ 17 Developed and executed recruitment strategy via social media, collateral development and relationship management
Collaborated on cross- cultural marketing initiatives for students in US, UAE, Canada and China SOUTHERN CALIFORNIA EDISON — PROFESSIONAL TRAINEE 07/ 15 —06/ 16 Supported head of department with brainstorm, research, planning, implementation and evaluation projects
Oversaw newsletter, accident reports, safety bulletins, safety alerts and communications from leaders reaching 8, 000 people across SCE' s Transmission and Distribution organization
EDUCATION
Bachelor of Science in Communication, Emphasis in Public Relations and Minors in Marketing Management, Journalism and Philosophy— California State Polytechnic University, Pomona — Pomona, CA
PROFESSIONAL DEVELOPMENT
UCI Public Policy Making Academy II 03/ 20
CAPIO " Facebook and Instagram for Government" Workshop 12/ 19 League of California Cities Crisis Communications Workshop 05/ 17
CERTIFICATIONS
Google Analytics 05/ 20
Constant Contact Certified Solutions Provider 06/ 18
Hubspot Inbound Marketing 08/ 18
Hootsuite University 04/ 17
Hootsuite Social Marketing 12/ 17
SOFTWARE
Google Analytics • Adobe Premiere • WorclPress
Adobe InDesign • Constant Contact • Microsoft Office
Adobe Photoshop • Hootsuite • Canva
TRIPEPI SMITH
20 marketing • technology • public affairs
TRIPEPI SMITH
HANNAH LEBIGA
TRIPEPI SMITH — BUSINESS ANALYST 02/ 22 — PRESENT
Assist clients with developing marketing and communication strategies Execute and lead graphic design projects
Conduct market research and manage social media
CONGREGATION. FAMILY— CREATIVE DIRECTOR 06/ 20— PRESENT Collaborate with the pastoral team to develop, design and deliver the vision of the church Direct the production team and coordinate the use of video, audio and digital media for immersive in- person and online services
Lead creative design for all ministries and events
DINSMORE INC. — MARKETING DIRECTOR 06/ 18 —05/ 20
Developed and executed marketing strategies and campaigns for innovative 3D printing solutions in medical, aerospace, automotive and consumer industries Provided expertise in graphic and web design, script development, video and photo shoot direction, video content creation and editing, marketing analytics, email campaigns, technical writing and event planning
Recruited and led the marketing team to produce educational content on additive manufacturing Q -PLUS LABS — MARKETING ASSISTANT 01/ 14 — 05/ 18
Oversaw implementation of marketing strategy, including campaigns, events, digital marketing and public relations
Leveraged dimensional inspection insights in technical writing for blogs, case studies and published industry articles as well as company' s internal sales of high- end metrology products and services
Coordinated all corporate tradeshows and client events
Designed layouts and analyzed metrics of email campaigns, articles, social media and landing pages using Hubspot
ATHALYE CONSULTING ENGINEERING SERVICES INC. — MARKETING COORDINATOR 09/ 13 — 01/ 14 Designed, assembled and researched for RFQs
Created graphics and maintained company website
BELAZURE WEB DESIGN — PRESIDENT 06/ 06 —01/ 18
Designed and hand coded websites in HTML while managing a global developers network
EDUCATION
Bachelor of Science in Business ( Emphasis in Marketing) — California State University, Long Beach
CERTIFICATIONS
Hootsuite Social Marketing 03/ 22
SOFTWARE
Adobe Creative Suite • Canva • Hubspot
Adobe Premiere pro • WordPress • Salesforce
Davinci Resolve • Sprout Social • Facebook and Google Ads TRIPEPI SMITH 21
marketing • technology • public affairs
TRIPEPI SMITH
MELANIE MOORE
TRIPEPI SMITH — JUNIOR BUSINESS ANALYST
Conduct market research to provide client insights
Manage social media platforms and respond to public questions Write stories and press releases for the firm' s website and city clients FINANCIAL ECONOMICS INSTITUTE — RESEARCH ANALYST
Surveyed and compiled yearly numerical research into excel on the 150 -hour rule Aggregated a database of existing literature and research Created in- depth statistical models and graphs in STATA and excel Wrote academic literature compiling findings
CORALTREE HOSPITALITY GROUP — MARKETING INTERN
Sourced digital media to rebrand the CoralTree website
Curate photographic and written content for CoralTree' s portfolio websites Created a pitch deck repository as a reference guide for future investment pitches Conscripted COVID- 19 safety emails and messaging for hotels EXOUS INC. — MARKETING RESEARCH ANALYST
Compiled customer feedback from in- store retailers to assess customer satisfaction Analyzed weekly sales reports of Bay Area in- store retail distribution channels Formulated suggestions to improve store compliance and sales strategies Tracked weekly service installation reports to increase monthly customer retention
EDUCATION
Bachelor of Arts in Economics — Claremont McKenna College — Claremont, CA o Scholar Athlete Recipient
CERTIFICATIONS
Hootsuite Social Marketing
SOFTWARE
Python, Stata, R
Photoshop
TRIPEPI SMITH
marketing • technology • public affairs
Microsoft Office
WorclPress
Google Suite
Hootsuite
4 08/ 21 — PRESENT
07/ 20 —05/ 21
07/ 20 —08/ 20
06/ 19- 08/ 19
08/ 21
22
From: allan epstein
To: Deborah Padovan
Subject: City Council Agenda February 16, 2023
Date: Thursday, February 16, 2023 10:38:43 AM
Hi Deborah,
Please attach the following items as supplementals to today’s Council Agenda.
Thank you.
Best,
Allan
AGENDA ITEM 4.I: RESPONSE TO THE GRAND JURY FINAL REPORT ON FINANCIAL TRANSPARENCY NEEDED
The Civil Grand Jury Finding 1 is partially in error and the Town’s response should correct the record. LAH has consistently reported detailed monthly disbursements. It has not reported monthly receipts and fund balances.
AGENDA ITEM 4.V: Resolution Revising the Existing Tripepi Smith Agreement to Increase the not exceed amount to $50,000 for Media and Communication Services (Staff: P.
Pirnejad)
As of February 15, 2023, a staff report has not been provided. The original agreement has not been provided and it is unknown what services are being rendered, whether competitive bidding has taken place, and if additional appropriations are necessary. This item should be continued to a later council meeting where it can be properly considered by the Council and public.
AGENDA ITEM 5.A: RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE AUTOMATIC LICENSE
PLATE READER PILOT PROGRAM AND RECEIVING COUNCIL DIRECTION ON
CONTINUED USE OF THE SYSTEM IN TOWN
I support the recommendations made by Rajiv Bhateja contained in supplement number three, which includes renewal of the ALPR contract for another year. In addition, the Town should contact Atherton to understand why burglaries declined 64 percent from 2021 levels, and whether any of the reduction can be attributed to their installation of ALPR cameras.
The Town should also inquire with Atherton and other users of ALPR systems to learn best practices for utilizing the data provided to law enforcement. It also may be helpful to independently evaluate the APPR “hits” for a time to understand how the system could be made more effective.
AGENDA ITEM 6.A: RECEIVE 2022-23 MID-YEAR FINANCIAL REPORT AND ADOPT RESOLUTION
APPROVING THE MID-YEAR BUDGET AMENDMENTS
1. It is unclear as to what is intended by the statement, “As of December 31, 2022, the Town has healthy reserves and staff will make every effort to reduce the spending and stay within five percent of the budget.” This statement was not made at the FIC meeting. Does this mean that staff believes expenditures will exceed appropriations? Spending should not exceed appropriations and if staff believes it will, now is the time to explain why and increase appropriations to cover planned spending. Staff has included only a $1,000 increase in General Fund expenditures as part of the Mid-year Budget amendments.
2. The 37 percent year-to-year decline in License and Permit revenue (Building Fees) is due primarily to the Council approved elimination of the MEP (Mechanical, Electrical, Plumbing) Permit Fees because they were “captured in the Building Permit Fee”. It should be noted that despite this substantial revenue reduction, revenue still exceeded Building Department expenses. A full explanation is not provided for the 65 percent year-to-year reduction in Charges for Services (Planning and other Fees).
3. It is unclear if the additional appropriations/expenses included in this Council agenda are Supplemental No. 1
AGENDA ITEM #4.V
Distributed 2/16/23
included in the mid-year adjustment (Recruiting Fee, City Manager salary adjustment, Media and Communication Services)
4. With 60% of the year complete, one would expect the Mid-year Budget update to provide an overall indication of how the year is expected to end up relative to the original budget assumptions. Will the Town-wide Fund Balance decline by $2.5 million as projected in the FY’23 Budget? More? Less?
5. In FY’23, City Attorney Fees were budgeted to increase $211,000 or 60% from the prior year. Why is an additional $200,000 appropriation now required?
6. An explanation for the apparent $500,000 spending in excess of the year’s budget in Street Capital spending in the first half of the year would be useful.
7. Mid-year Capital Project Update. It appears many major projects will not be implemented in FY’23 as planned, and some have been completed having residual balances whose commitments should be removed and funds made available for other projects.
Overall, it looks like capital expenditures could be $2 million less than planned for the year.
AGENDA ITEM 7.A: RESOLUTION TO ADOPT REVISIONS TO THE FY 2022-23 PLANNING AND
BUILDING FEE SCHEDULE
No changes were made to the Building Department Fee Schedule. However, in October 2022 the Council changed the Building Fee policy to eliminate the charging of the MEP fee.
This clarification should be made in the fee schedule. It is unclear which projects are no longer being charged the MEP fee. Is it new residences, additions, remodels, or all projects? The failure to make clear when MEP Fees should be charged in the original fee schedule or in desk procedures is what caused the overcharging of Building Permit and Plan Review Fees between April 2020 and October 2022. Applicants should be able to understand how to fill out the forms and what they will be charged.
1 TOWN OF LOS ALTOS HILLS February 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE ONE-YEAR REVIEW OF THE
AUTOMATIC LICENSE PLATE READER PILOT PROGRAM AND
RECEIVING COUNCIL DIRECTION ON CONTINUED USE OF THE
SYSTEM IN TOWN
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Review the findings of the one-year review of the Automatic License Plate Reader (ALPR) pilot program and provide staff direction on continued use of the ALPR system in Town.
BACKGROUND:
On April 15, 2021, the Los Altos Hills City Council approved of a plan to install 40 ALPR cameras at fixed locations throughout Town for the purposes of deterring crime and helping to create a safer environment for all those who live, work, or visit the Town. The system was approved under a 60-day no-cost pilot program (Attachment 2).
The implementation plan consisted of an ALPR camera at all street entrances to Town which would scan license plate information of inbound traffic. Several other major intersections within Town boundaries have cameras installed as well. Using this system, license plate information is compared against law enforcement lists of license plates associated with stolen vehicles and people that have committed a crime. If the ALPR system detects any matches, the Santa Clara County Office of the Sheriff is notified immediately to investigate.
On February 17, 2022, the City Council approved a set list of evaluation criteria in which to review the ALPR system at the end of the pilot period (Attachment 3). The evaluation criteria were compiled by the ad hoc Emerging Technologies Committee, now known as the Technology Committee. All ALPR cameras were installed and operational by February 1, 2022 and staff collected data from the system during the time frame of February 1 – March 1, 2022.
On March 17, 2022 the City Council reviewed the findings of the evaluation period and approved of the continued use of the ALPR system in Town (Attachment 4). However, the pilot period was extended to 2023 so that a full year’s worth of data could be analyzed. The Council stated that with a full year’s worth of data, a better decision could be made as to whether to keep the system in place.
This staff report contains data from one year of usage of the Town’s ALPR system. The findings can be seen in Attachment 5.
AGENDA ITEM #5.A
C.E.
P.P.
Staff Report to City Council Page 2
One Year Review of ALPR Pilot Program
February 16, 2023
RECENT RESIDENTIAL BURGLARIES IN LOS ALTOS HILLS
The following information was provided by the Santa Clara County Sheriff’s Office in response to the recent burglaries in Town.
At the end of the 2022 calendar year, residential burglaries hit a 10-year high with 51 residential burglaries reported. Three cases are outliers with the same residence being burglarized by a known suspect who has since been arrested.
Staff Report to City Council Page 3
One Year Review of ALPR Pilot Program
February 16, 2023
In reviewing data, the Sheriff’s Office learned most burglaries occurred either during the evening hours or over the course of multiple days, as many residents reported being out of Town or away on vacation. Regarding the houses burglarized, 68% reported having home alarm systems installed. Some systems are live monitored by an alarm company, some are audible only, and while most victims reported activating their alarms, a handful did not.
In an overwhelming majority of cases reported, burglars made entry by breaking a rear glass door, typically one leading directly to the master bedroom of the home, and quickly searching and stealing property. It was noted by the Sheriff’s Department that a live monitored system, sensitive to all doors and windows with reporting directly to the Sheriff’s emergency dispatch line, is a preferred method for an alarm system as it gives the Sheriff’s Office the immediate notification required for an expedited response.
The Sheriff’s Office would like to recommend that residents consider purchasing an alarm for their home and remind residents to activate the alarm system if one is already installed. Though burglaries can still occur with an alarm system, burglars are less likely to stay in a home for a long period of time once an alarm is triggered. On several occasions in Town, the alarm system was triggered, causing burglars to flee prior to entering the home.
DISCUSSION:
Following Council direction, Town staff assessed the ALPR system under the same evaluation criteria that was approved in February 2022, collecting data for a full year’s worth of usage. Data was only collected for criteria that would change from time to time, such as quantitative data on the use of the images recorded as opposed to qualitative data that has to do with the technical specs of the cameras. The data from 2022 can be seen in Attachment 5.
A summary of the data is seen below:
• 10,842,497 plates scanned by the cameras
• 2,018 plate hits where the Sheriff’s Office was notified • 6,437 searches conducted by the Sheriff’s Office related to an active case • 5 cases where the ALPR system resulted in solving open cases* • 7 arrests were made in relation to the ALPR system*
• 10 wanted vehicles/plates located
Staff Report to City Council Page 4
One Year Review of ALPR Pilot Program
February 16, 2023
*Staff would like to note that 0 (zero) residential burglary cases were solved by to the ALPR system. The cases/arrests in the list above include stolen vehicles, finding missing persons, and solving other crimes. A full list of major incidents utilizing the ALPR system can be seen in Attachment 6
Putting the Los Altos Hills data in perspective, the chart below shows the number of residential burglaries that occurred in neighboring cities in 2021 and 2022.
Los Altos Hills Cupertino Saratoga Atherton Portola Valley 2021 22 79 56 45 0
2022 51 85 75 16 5
It is ultimately up to the City Council to determine if the perceived benefit of the cameras is significant enough to warrant keeping the camera installed. However, in reviewing the findings from the 2022 calendar year, staff recommends that the ALPR system remain in place. This recommendation is backed by the Sheriff’s Office, who submitted a letter of support for the system early this year (Attachment 7).
Even though residential burglaries are at an all-time high since the system was installed and no direct correlation can be made between the system and a reduction in residential burglaries, the cameras remain a tool that the Sheriff’s Office can use to help solve ongoing crime in Town and have been successful in solving other types of crimes.
It is impossible to tell whether the presence of the cameras themselves could have deterred additional burglaries from happening, but in all, the cameras remain a reminder to the citizens of Los Altos Hills that the Town cares about their safety and that the Council is actively trying to reduce crime from occurring in Town.
ENVIRONMENTAL REVIEW:
The proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303 of the CEQA Guidelines.
2023 CITY COUNCIL WORK PLAN:
A determination on whether to continue the use of the Town’s ALPR system after one year of use is included in the Council’s Work Plan for 2023.
FISCAL IMPACT:
On April 15, 2021, the City Council appropriated $120,000.00 from the unreserved general fund to cover the cost of the ALPR system, subject to a 60-day no-cost pilot program. The agreement with Flock is for 40 cameras, which has an initial term of $110,000 for the first year of service.
Each camera is priced at $2,500 per year with a one-time installation cost of $250 per camera.
Should the City Council approve of the continued use of the cameras for the 2023, Flock will invoice the Town for an additional year of service, priced at $100,000. This amount does not
Staff Report to City Council Page 5
One Year Review of ALPR Pilot Program
February 16, 2023
take into account the cost of time spent by both Town staff and the Sheriff’s Office managing the system.
For the Sheriff’s contract, typically the Town does not end up using all of the anticipated law enforcement hours that are allocated at the beginning of each fiscal year. When this happens, the Town is issued a check from the Office of the Sheriff for the amount that is left over. Looking at the past 11 years, on average the Town receives back around $25,000 of unused hours.
For context, the table below shows the past 11 years of reconciliation for the Town.
REFUND
(BILL) LAH
FY2022 (32,197)
FY2021 7,747
FY2020 29,795
FY2019 5,668
FY2018 4,026
FY2017 9,451
FY 2016 (33)
FY 2015 56,223
FY 2014 44,984
FY 2013 5,254
FY 2012 86,296
The reconciliation of the services provided in FY 2021-22 showed that the Town received more law enforcement services than what was budgeted for that year. This primarily was due to the increase in investigative service hours for the ALPR system. This increase resulted in the Town receiving an invoice for overage hours in the amount of $32,197. Essentially this was an increase of $57,000 over the average year’s usage since the Town is used to receiving ~$25,000 back.
In FY 2021-22, the ALPR system had been in use for roughly 6 months at the time of the reconciliation invoice of $57,000. Based on this trend, staff anticipates that by the end of FY 2022-23, the Town will have received an invoice $114,000 over the average year for additional law enforcement services.
ATTACHMENTS:
1. Proposed Resolution
2. Resolution 20-21 - Entering into Contract with Flock
3. Resolution 22-22 - Approving of the Evaluation Criteria
4. March 17, 2022 Staff Report and Approval to Extend Pilot Period
5. 2022 Evaluation Criteria (Full Years’ Worth of Data)
6. Major Incidents Involving ALPR System
7. Letter from the Sheriff’s Office Regarding the 1-Year Review of the System