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75 14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL The intent of this policy is to eliminate the use and effects of alcohol and drugs in the workplace. The objectives of this policy are:
To eliminate any use of alcohol, illegal drugs, controlled substances, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of their job,
To encourage employees who think they may have an alcohol or drug usage problem to voluntarily seek confidential assistance from the Employee Assistance Program, and
To emphasize training and rehabilitation. However, even with the emphasis on rehabilitation, it must be understood that for those who demonstrate problems in job performance or those who are involved with or under the influence of drugs or alcohol on the job, disciplinary action will be taken.
14.6.1 Definitions
1. “Controlled substances” and “drugs” mean and include all substances and medications that can affect one or more mental or physical functions (e.g., coordination, reflexes, vision, mental capacity or judgment, etc.). “Controlled substances” and “drugs” also include all chemical substances or drugslisted in any controlled substances acts or regulations applicable under any federal, state or local laws, including the Federal Controlled Substances Act (21 U.S.C. § 812). They also include prescription and over‐the‐counter medication that can affect job performance.
2. “Illegal drugs” means any controlled substance or drug that (1) is not legally obtainable; or (2) is legally obtainable, but is not legally obtained, is not being used legally, or is not being used for the purpose(s) for which it was prescribed or intended by the manufacturer. Thus, “illegal drugs” may include even over‐the‐counter medications, if they are not being used for the purpose(s) for which they were intended by the manufacturer. Drugs that are considered legal under state law but remain illegal under federal law, including medicinal and/or recreational marijuana, are considered an illegal drug for purposes of this policy. Effective January 1, 2024, marijuana prohibitionsshall be consistent with Section 12954 to the Government Code.
3. “Possession” includes substances physically held by a person and stored or deposited in areas the employee controls (e.g., inside purses, lunch boxes, personal automobiles, vehicles, lockers and limited‐access work areas).
4. “In the workplace”‐ An employee is considered “In the workplace” or
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a) On the Town’s property at any time;
b) On the Town’stime, even if off the Town’s premises(including any paid meal and rest periods);
c) Representing the Town at social functions or business meetings, even if held before or after the Town’s normal business hours; d) Driving or riding as a passenger in a vehicle for which the Town reimburses expenses.
a)
14.6.114.6.2 Scope
This policy applies to all employees of the Town when working for, or officially representing, the Town of Los Altos Hills.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
Consistent with Government Code Section 12954, the Town does not discriminate against applicants or employees based on the applicant’s or employee’s use of cannabis off‐duty and off‐site or based on an employer‐required drug test that reveals non‐psychoactive cannabis metabolites, effective January 24, 2024.
14.6.214.6.3 Policy
It is the Town's policy that employees shall not use or be under the influence of alcohol or drugs, or possess alcohol or illegal drugs at any work site or Town property, while on duty, breaks or meal periods. Employees shall not sell, provide or use drugs or alcohol while on duty, except as specifically authorized by the City Manager in connection with Town functions.
The Town recognizes that certain social events may be conducted on the premises or at business functions at which alcohol may be provided. Only the moderate and limited use of alcohol is acceptable at such events. Employees are expected to remain responsible, professional, and sober at all times. At all other times, consumption of alcohol is prohibited.
Using or being under the influence of prescription or over‐the‐counter medication is prohibited where such use may affect the employee’s ability to safely and efficiently perform work duties. When an employee’s physician prescribes the use of prescription or over‐the‐counter drugs, or when an employee otherwise uses over‐the‐counter drugs that bear warnings about or
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75 are known by the employee to cause side effects that may affect job performance, the employee is required to ascertain whether such drugs may adversely affect the employee’s ability to safely and efficiently perform assigned duties.
If an employee knows or if the employee’s physician determines that the prescription or over‐the‐counter drugs may adversely affect the employee’s ability to safely and efficiently perform assigned duties, employees are required, before commencing work, to advise their supervisor and/or Human Resources about the medication. If there is any question concerning the employee’s ability to perform safely and efficiently, the employee will be assigned to other duties, if, in the sole discretion of the Town’s management, such duties are appropriate and available, or the employee will be sent home on the Town’s sick leave, if available, or otherwise on unpaid leave. Failure to report the legal use of a drug that may pose a safety risk could result in disciplinary action, up to and including immediate termination.
Additionally, employees are forbidden from sharing with their co‐workers any over‐the‐counter or prescribed medication that could affect job performance.
Any employee who violatesthese rulesissubject to disciplinary action, up to and including immediate termination.
Employees are urged to seek voluntary confidential assistance through the Employee Assistance Program or any other program if they believe they may have an alcohol or drug use problem.
14.6.314.6.4 Employee Responsibilities
1. It is the employee's responsibility to demonstrate satisfactory job performance.
2. Employees shall report to work with his/hertheir ability to perform job duties not impaired due to on or off duty alcohol or drug use.
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76 3. Employees are responsible for the personal implementation of this policy to facilitate safe and effective job performance.
4. Employees shall not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or while subject to duty. Thisincludes breaks and meal periods.
5. Employees shall not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while on duty or standby for duty.
6. Employees shall notify his/hertheir supervisor, before beginning work, when taking any medication or drugs, prescription or non– prescription, which would interfere with the safe and effective performance of duties or operation of equipment.
14.6.414.6.5 Management Responsibilities and Guidelines
1. Managers and supervisors should, if possible, notify the City Manager or designee when they have reasonable suspicion to believe that an employee may be under the influence of drugs or alcohol, or have illegal drugs in his or her possession.their possession. The factors that may provide reasonable suspicion that an employee is under the influence of drugs or alcohol, or have illegal drugs in their possession, include but are not limited to: unusual behavior; verbal altercations; incoherent, slurred or altered speech;, odor of alcohol on the breath; red or watery eyes; dilated or constructed pupils; unsteady gait; disorientation or loss of balance; sleeping on the job; abnormal, confused, incoherent or erratic behavior; paranoia; euphoria; unsafe work habits or practices that endanger the employee, fellow employees, or the public, abnormal work performance; actual observation of the possession or use of an illegal drug. Effective January 1, 2024, marijuana screening shall be consistent with Section 12954 of the Government Code.
2. Employeesreasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and sent for testing. A supervisor can require a medical certification of fitness for duty regardless of the test results, before allowing the employee to return to work.
14.6.514.6.6 Disciplinary Action
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of managers, supervisors and employees. To that end,the Town will actto eliminate any use of alcohol of drugs in the workplace which increases the potential for accidents, absenteeism,
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All persons covered by this policy should be aware that even first‐time violations of this policy may be grounds for disciplinary action, up to and including, termination. In addition, the Town may, but is not required to, refer employees to counseling and treatment in lieu of or in consideration of any disciplinary action.
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77 14.7 NON–SMOKING POLICY
Smoking is prohibited in all Town facilities and vehicles. Appropriate disciplinary action, in accordance with Section 10, may be taken if an employee isfound in violation of this policy.
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79 14.8 MOBILE TELECOMMUNICATION DEVICES POLICY
14.8.1 General Provisions
A. Mobile telecommunications devices (mobile device) shall referinclude but is not limited to cellular phones, two‐way radios, tablets, laptops, pagers, satellite phones, personal digital assistants (PDA) or any other electronic device or equipment that is provided to Town employeesthat hasthe capability of allowing employees to participate in telecommunications activities. The Town provides employees with mobile devices on a case‐by‐case basis where the City Manager identifies a compelling operational or safety necessity for an employee to be accessible while not in the office.
B. The purpose of this Policypolicy is to establish procedures for the use of Town‐issued mobile devices in order to ensure personal accountability and responsibility, and to prevent improper use.
C. Non‐exempt employees are not allowed to use mobile devices to conduct any work outside of regular work hours without the express permission of their Department Headdepartment head.
14.8.2 Use and Accountability
A. It is the responsibility of each assigned user to comply with the procedures outlined in this policy. The assigned user isresponsible for the safekeeping and use of his/hertheir Town‐issued mobile device. Department heads are responsible for ensuring that Town‐ issued mobile devices are used and cared for in accordance with this policy. The Finance Department shall periodically audit and inspect all mobile devices and their service billings.
Town‐issued mobile devices are public property and their use is subject to all applicable Town,stateState and federalFederal rules and regulations.
B. The assigned user acknowledges that he or she hasthey have no expectation of privacy in the use of, or in the material content contained within such mobile device. The user expressly agrees that the Town may at any time retrieve, audit and disclose, if necessary, the contents of all communications originating from or received by a Town‐issued mobile device, including, but not limited to e‐mails, voicemails and text messages.
If a mobile device is used for Town business while the useris operating a motor vehicle, the mobile device must be configured to allow hands‐ free use through a speaker phone, or a device, such as an earpiece, wired headset, or Blue ToothBluetooth technology. Use of a speaker phone and these types of devices will ensure that the driver is able to keep both
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C. Upon resignation or termination of employment, or at any time the work‐ related need for a mobile device is no longer required, or at the request of a department head, the assigned user must produce the mobile device for return and/or inspection. An assigned user who is unable to present the mobile device in good working condition within 24 hours shall bear the full cost of the replacement or repair of the Town‐issued mobile device.
14.8.3 Personal Use of Town‐issued Device
A. If personal use of a Town‐issued device resultsin a charge to the Town, the Town requiresthe employee to reimburse the Town. In instances where personal use of a Town‐issued mobile device does not incur a charge from the service provider, the employee must pay the Town a flat fee of $1530.00 per month. The flat fee shall apply when, in the determination of the City Manager, the employee’s use of the Town‐ issued mobile device is more than occasional. Personal use of Town‐ issued devices shall not violate any Town policies.
B. The employee’s reimbursement of $1530.00 to the Town for private use of a Town‐issued mobile device provides no entitlement to privacy.
C. The Finance Department shall designate a reimbursement procedure that minimizes administrative costs. All reimbursements shall be made payable to the Town of Los Altos Hills.
14.8.4 Allowance for Business Use of a Privately‐owned Device A. Employees who use their privately‐owned mobile device for official Town business may request reimbursement for actual charges incurred as a result of authorized use for Town business. It is the employee’s responsibility to receive prior authorization from his/hertheir department head to use a privately‐owned mobile device for official Town business.
B. Employees who are required to report to the Town in the event of an emergency are provided a mobile device where deemed necessary by the City Manager. To reduce the Town’s carrying cost for these mobile devices, the City Manager may offer an employee the option of designating his/hertheir privately‐owned mobile device for use in the event of an emergency.
C. If an employee designates his/hertheir privately‐owned mobile device for use in the event of an emergency, the City Manager may provide a fifteenthirty dollar and zero cents ($1530.00) per month allowance to maintain
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82 C. the privately‐owned mobile device. Employees receiving the allowance are required to maintain an active mobile device and provide the mobile device’s contact information to the Town. The contact information will be included on the Town’s emergency contact roster.
14.8.5 Appropriate disciplinary actionDisciplinary Action, in accordance with Section 10, may be taken if an employee is found in violation of this policy.
14.8.6 No Expectation of Privacy – Town employeesshall have no expectation of privacy in their use of use of mobile communication devicesincluding but not limited to:
cellular phones, two‐way radios, tablets, laptops, pagers, satellite phones, personal digital assistants (PDA) or any other electronic device that is provided to Town employeesthat is provided to Town employeesthat hasthe capability of allowing employeesto participate in telecommunications activities.
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82 INTERNET AND ELECTRONIC MAIL
14.9 INFORMATION TECHNOLOGY (IT) POLICY
14.9.1 Purpose
ThisThe purpose of this policy is set forth to ensure thatthe proper use of the Town of Los Altos Hills (“Town”) IT Systems. This policy will supersede Section 14.9 Internet, and Electronic Mail Policy in the Employee Handbook.
The Town provides computer, systems and communications equipment to those users who need it to perform their job responsibilities. The Town's electronic equipment, software, hardware,information and communication systems include:
computers and associated use of, Town applications, telephones, mobile phones, tablets, voicemail, scanners, fax machines, email, instant messaging, intranet, internet, electronic mail and electronic communications of all kind by employees of the Town is consistent with Town policies, all applicable laws, and the individual user’s job responsibilities. Non‐exempt employees shall not be allowed to use any such equipmentcollaboration tools and storage platforms, whether on‐premises or resources to conduct any work outside of regular work hours withoutin the express permission of their Department Head.cloud (collectively "Information Technology Systems" or “IT Systems”).
14.9.2 Scope
As IT Systems advance and expand, it is important that Town staff continually use and manage them in a manner that is consistent with the Town's mission, vision, values, and goals. Questions or concerns regarding the provisions of this policy should be raised with the Assistant to the City Manager. This policy applies to all employees as well as appointed(full time, part time, contract, temporary, hourly and seasonal employees), officials of the Town of Los Altos Hills, or other persons and , consultants, contractors, volunteers, and any other individuals who use or have Internet access through the Town's electronic systems. It appliesto all use ofsuch systemsregardless of location.
14.9.3 Policy
A. Ownership/Access All electronic equipment, software, hardware, computers and are granted access to the Town’s IT system and/or electronic communication devices are the property of the Town. Access and mail software that runs on Town computers and network equipment is licensed by the Town on a per user basis and is subject to audit. All Internet access and the software and hardware for that access must be authorized by the City Manager. A condition of authorization is that all Internet users must read this policy and applicable policies regarding use of the Town’s electronic systems. The Administrative Services Director will keep a register of all Internet users and associated e‐mail addresses and a listing of all passwords and other security codes. Any documents created, sent and stored using the Town’s software and hardware are the property of the
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platform, equipment and resources.
14.9.3 Definitions
1. “User” – Town employee, consultant, volunteer, or any person who uses the Town's computer and/or communication equipment and their related systems and tools.
2. “IT Services” – The Assistant to the City Manager or designee.
3. “IT Managed Services Provider” – The firm contracted by the Town to provide technology services.
4. “Encryption” – Method of protecting data files from unauthorized access (e.g. create passwords for documents) above and beyond the network file security systems established by the IT division.
14.9.4 Policy
A. IT Systems and their contents, including any messages and/or information transmitted by Town staff, are the property of the Town. Nothing about or contained in the IT Systems shall or will be considered personal and/or confidential information. The Town may inspect, monitor, and/or audit all IT Systems, or any information contained in IT Systems, at any time, for any lawful purpose, without notice to any Town staff. Personal use of IT Systems should be kept to a minimum and for incidental purposes only. In the event Users use telephones, computer equipment, Internet access and e‐mail for personal affairs, Usersshall not expect the data to be protected from review, preservation, or deletion. Accordingly, Users shall not use the Town's IT Systems to create or transmit information they wish to keep private.
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1. Uses of Town’s IT Systems The Internet, electronic equipment, software, hardware, computers and associated use of electronic mail and electronic communications of all kind by employees of the Town can only be used for legitimate Town business. To this end, it is unacceptable for a user to use, submit, publish, display or transmit on the network or on any computer system any information which:
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b. Contains defamatory, false, abusive, obscene, pornographic, profane, sexually oriented, threatening or illegal material; c. Violates Town policy or departmental regulations regarding harassment and discrimination;
d. Restricts or inhibits other users from using the system or the efficiency of the computer systems;
e. Intercepts messages not addressed to the user, except asrequired by technical, supervisory or management personnel in order to diagnose and correct delivery problems or to fulfill other management functions;
f. Constructs e‐mail so it appears to be from another party; g. Is intended to impede, damage, bring down another party’s system, or to commit any other form of electronic sabotage; h. Encourages the use of controlled substances or uses the system for the purpose of criminal intent; or
i. Uses the system for any other illegal purpose.
2. It is also unacceptable for a user to use the facilities and capabilities of the system to:
a. Conduct any non‐approved business;
b. Solicit the performance of any activity that is prohibited by law; c. Transmit material, information, or software in violation of any local, stateState or federalFederal law; or
d. Make any unauthorized purchases.
3. Internet and e‐mail resources are provided to users for conducting Town business. Users are required to limit personal usage of internet and e‐mail resources to activities which do not interfere with Town work or Town activities and to times
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10 3. which occur outside of the Town’s regular hours of operation that is from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m., Monday through Friday. The limited permissible personal use of these resources outside of business hours must be appropriate, and any misuse or misconduct resulting from such use shall lead to discipline, up to and including termination. The use of IT Systems by Town staff is a privilege that may be withdrawn by the Town at any time. Town IT Systems shall not be used for any commercial promotional purpose, resulting in the opportunity for personal profit or gain excluding IRS recognized retirement accounts
C. Copyrighted Material ‐ Users may download copyrighted material, but its use must be strictly within the agreement as posted by the author or current copyright law, which protects and prohibits misuse of all original works of authorship in any tangible medium of expression.
D. Public Domain Material ‐ Any user may download public domain programs for the Town’s business‐related use, or may redistribute a public domain program non‐commercially only with approval of the appropriate department head.
1. Compliance with Law ‐ All use ofthe Internet via Town resources must be in compliance with all federal, state and local policies as well as Town policies.
Security ‐ The safety and security of the Town’s network and resources must be considered at all times when using the Internet and e‐mail systems, especially when downloading resources from other sites. Users must assist in keeping the network secure by following the account authorization process log‐on procedures and password protection requirements established when access is given. No user should password‐protect any file or document without immediately providing the complete file and/or document name and password to the City Manager.
Internet Content ‐‐Individual users should be aware that the Town has no control over, and can therefore not be responsible for, the content of information available on the Internet or e‐mail systems. The Town reserves the right to use available technology to screen out information that may be offensive. However, because new sites are added daily, such technology may not block all sites that may contain offensive material.
Disclaimers ‐‐Employees and Town representatives are expected to communicate in a professional manner that will reflect positively on them and the Town of Los Altos Hills. Because use of the Internet, particularly e‐mail, may be subject to disclosure in any litigation or claim process, users must be aware of and at all times attempt to prevent potential Town liability in their use of the Internet. Any communication is expected to conform to standards of confidentiality,
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86 which apply to all Town communications and correspondence. Users should also avoid making statements which do not represent an official policy or Town position.
E. External Resources ‐‐Resources which involve executable or binary files must not be downloaded without being properly scanned for viruses.
Resources which are not used for a clear Town purpose must not be accessed or downloaded. Resources of any kind, for which there is a fee, must not be accessed or downloaded without prior approval of the City Manager. Public access databases (e.g., World Wide Web servers, File Transfer Protocol servers) must not be created or implemented without prior approval by the City Manager.
F. E‐Mail – All communications transmitted on the Town’s computer systems are the property of the Town. Electronic Mail (e‐mail), both internal and external, is considered network activity, thus it is subject to all policies regarding acceptable/unacceptable uses of the Internet and the user should not consider e‐mail to be either private or secure.
Users should be aware that e‐mail may be a public record and subject to public record regulations with respect to scheduled retention and disposition. Anonymous and unsolicited e‐mail is much more likely to be received from external sources than from within. It is recognized that some protection must exist for users whose simple reception of an unsolicited e‐mail would otherwise constitute a violation of this or other Town policy. Accordingly, it is not a violation of this policy for users who receive such e‐mail content to review such material as long as it is promptly discarded and is not viewed or read by others. Finally, use of “all employees” orsimilar function intended to send e‐mail to all Town users should be minimized to ensure users do not receive an inundation of unnecessary e‐mail.
Responsibility ‐ Each individual user is responsible for complying with this and all other relevant policies when using the Town’s resources for accessing the Internet. Use of these same resources in violation of this policy may be grounds for disciplinary action, up to and including termination G. Retention – Internet and e‐mail resources should not be considered an archival or retention system. Messages should be printed onto paper and filed with the appropriate project or subject prior to erasure from the system.
No Expectation of Privacy ‐ Town employeesshall have no expectation of privacy in their use of the internet, e‐mail or any Town software, hardware, computers or electronic devices of any kind. The Town
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1. C. Town staff take all reasonable and necessary efforts to prevent unauthorized persons from accessing IT Systems and prevent the introduction of electronic malware.
1. Town staff shall never leave IT Systems unattended and in a state that allows any third party to gain access to or use IT Systems without the proper authorizations.
2. As applicable, all Town IT assets that have logins shall be enabled to use Two‐Factor Authentication (2FA) to reduce the possibility of unauthorized access. All Users are responsible for protecting the Town’s computer assets, computer data, and information system always.
3. All Users are responsible for taking all reasonable and necessary efforts to prevent successful phishing and scam attempts, intended to get Users to reveal financial information, system credentials or other sensitive data, to prevent unauthorized persons from accessing IT Systems and introducing electronic malware.
4. Users are required to take the KnowBe4 webinars to increase knowledge of phishing and scam attempts.
5. Users are required to immediately notify IT Services when any IT Systems equipment is missing, stolen, or lost. Missing, stolen, or lost devices also shall be reported to the director of the employee’s department immediately. Notification shall include an itemized list of documents stored on such devices.
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87 D. Hardware device standards for IT Systems are set by IT Services and all IT Systems hardware must be procured through IT Services with department’s approval. All hardware and software shall be installed, configured, and supported by the IT Managed Services Provider as determined first by Town‐wide policy and then department policy. IT Managed Services Provider shall reconfigure systems and delete unauthorized software and data as they see fit within the scope of their services.
E. Only software purchased and/or licensed to the Town and installed under the direction of the Town's IT Managed Services Provider may be used on any IT Systems. Town staffshall not duplicate or copy any software on any Town IT Systems for use on any personal devices, equipment, or systems.
Further, enrollment in any cloud software platform (SaaS) used to conduct official Town business or store Town data, must be authorized by IT Services and any applicable Town‐wide policy.
F. Town staff shall not create individual offsite storage accounts, such as, cloud storage accounts, on any platform to store Town data. Offsite data storage platforms, including, cloud storage accounts, can only be used to store Town data when specifically authorized by IT Services. Even when the use of offsite and/or cloud storage services are authorized by the IT Services, the use of any offsite and/or cloud storage services shall be governed by this policy. Any accessto cloud storage accountsshall require 2FA capabilities.
G. Town‐provided USB devices may be used to store non‐confidential Town documents as needed for business purposes. It is recommended that USB devices be password protected. Town ‐provided USB devicesshall only be plugged into non‐Town computer systems that have been secured (e.g., computers with the latest virus protection installed.) Personal USB devices shall not be used to store confidential Town documents other than those listed on the Town 's Intranet. Use of such USB devices is strongly discouraged.
H. Access to Database and Information
1. All employees will sign the Employee Security Statement before having access to any private or confidential information or to any Town IT Systems. The original will be maintained in the employee’s personnel record.
a. New employees will sign the Statement as part of the orientation process. Human Resources Department will be responsible for this procedure.
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87 b. Current employees will sign the Statement when access to the IT Systems or any private or confidential information is granted. Department heads are responsible for ensuring this procedure is conducted.
c. Any database acess credential will have the ability to be revoked by their supervisor.
2. If an employee has a valid business need to access a database on the Town IT Systems, the following procedure will be followed:
a. The requesting employee will discuss the need with the employee’s supervisor.
b. If the supervisor agrees that there is a need, the
employee/supervisor will complete the Request for
Employee Access form and submit it to Information Services in the Finance Department.
c. The Assistant to the City Manager will review the information provided, verify that an Employee Security Statement from the requesting employee is on file, and forward the form to the City Manager’s recommendation.
d. Upon approval by the City Manager, IT Services and the manager will grant access in the manner approved.
e. The employee’s supervisor is responsible for notifying IT Services and the manager of any restrictions or suspensions in access and for ensuring that no improper use of the access is made by the employee.
f. Access to the Town’s IT Systems is granted only for the convenience of the Town and may be revoked or suspended at any time without cause.
g. Users shall follow all established procedures for onboarding as well as off‐boarding in case of voluntary or involuntary separation.
I. Vendor Supplied Computer Systems – Town computer(s) shall only be used to access Town information. No other usage from these systems (e.g., Internet, e‐mail) is permissible. Vendors must be given access through IT Services to the computer systems for remote support.
J. Data Backup ‐‐ Files stored on the Town 's IT Systems shall be backed up periodically (e.g., nightly) according to the Town 's network backup policies. Users shall utilize network resources to store their data files to the fullest extent possible to protect the Town 's data resources. Users are responsible for ensuring that critical data is always stored on network servers. No Town data shall be stored on desktop computer hard drives except during network outage problems. Town data shall be copied back to network servers as soon as possible and deleted from desktop
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K. Electronic Communication – The Town’s IT Systems are designated to facilitate Town business and communication through the appropriate use of the electronic communications systems and electronic storage thereon. The Town values its electronic communications and electronic storage and takes measuresto safeguard them from corruption and illegal use, and to protect the Town from any possible liability due to illegal use of electronic communications and electronic storage. All electronic communications shall be encrypted end‐to‐end.
L. Security – Effective security is a team effort involving the participation and support of every User who deals with information and/or information systems. Acceptable use standards form a critical component of enterprise security. Adherence to the security policy will ensure security of information systems, various tools and techniques are employed including passwords, authentication tokens, biometrics, radio‐frequency identification technologies, and/or any other means of verifying an individual's identity (collectively, "Authentication Device(s).")
1. Authentication devices, if issued to or used by Users, shall be kept confidential. Users shall not share authentication devices, or the information contained in an authentication device, with third parties or other Users. Similarly, Users may not use the authentication devices of other Users, and may not enter, access, or attempt to enter or access IT Systems assigned to other Users.
2. For security and network operations purposes, authorized individuals within IT Services and IT Managed Services reserve the right to audit networks and systems as necessary to ensure compliance with this policy may at any time.
3. Users shall not place sensitive data (including but not limited to payroll data, financial records, personnel files, or other confidential information) on laptop computers and/or other portable devices such as USB devices. Users are required to use the remote access services authorized and provided by the Town (e.g., VPN) to access sensitive data rather than downloading data onto laptop hard drives or other portable storage devices.
4. Computers shall not be left unattended in a state that affords inappropriate access to records of the Town or otherwise compromises security. (e.g., lock workstation or logoff).
5. User's access to computer, communication equipment and network resources may be limited at any time due to necessary security policies to protect the Town 's network. The Town uses
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M. Internet – All Internet Users are expected to be responsible "cybercitizens," which means knowing the tools, rules, and etiquette and behaving in conformance with this policy.
1. Material posted to Internet newsgroups or bulletin boards shall not reflect negatively on the Town and not violate any trust or copyright laws. Internet access shall be used only for Town business during working hours.
2. Personal use shall be limited. All other Town employment policies (e.g., Workplace Harassment Policy, social media policy) apply to Internet use.
N. No Expectation of Privacy ‐ No Expectation of Privacy for Computer and Communication Equipment—The tools provided by the Town in accordance with this policy remain the property of the Town and are provided for the purpose of business communications. Accordingly, the Town retains the right to review Users' usage of such equipment. Users shall have no expectation of privacy for voice communications, electronic mail (e‐ mail) communications, internet use, messaging, and all other uses of computer and communication equipment. The Town does use software tools to restrict access to Internet sites and e‐mails deemed by Executive Management to be inappropriate for the workplace. The Town utilizes tools to track Internet use by Users. Examples of when Executive Management and IT Services may need to review User usage and messages sent or received include but are not limited to:
1. Retrieving lost messages
2. Recovering from system failures or monitoring system performance
3. Complying with internal and external investigations such as grievances, workplace harassment claims, or suspected criminal acts
4. Ensuring that Town systems are being used for business purposes and polices
5. Responding to Public Records Act requests or litigation discovery No User or department may implement additional security or encryption requirements without discussing in advance with IT Services and IT Managed Services provider prior to implementation. Employees shall make the passwords or other keysto "unlock" such encryption techniques
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87 available to their supervisors upon request. At no time shall employees use their network password as an additional security password.
O. Retention
1. Retention is based on the content of the e‐mail. The Town will maintain all e‐mail messages determined by staff to be official records (those that relate in a substantive way to the conduct of business, or are made or retained for the purpose of preserving the informational content for future reference) for the period of time designated in the Town'sretention schedule, based upon the content of the e‐mail,) by printing and saving them in a papersubject/ project file, or by saving them electronically in a subject / project folder.
2. Official records are saved and stored in subject / project file folders.
E‐mail messages which are intended to be retained in the ordinary course of the Town's business are recognized as official records that need protection / retention in accordance with the California Public Records Act. Because the e‐mail system is not designed for long term storage, e‐mail communications which are intended to be retained as an official record (those that relate in a substantive way to the conduct of business, or those that are made or retained for the purpose of preserving the informational content for future reference) should be saved in an electronic subject / project folder on the Town’s network, or be printed out and the hard copy filed in the appropriate subject/ project file so they can be accessed by other employees.
3. The Town restricts Personable Storage Table (PST) utilization used to store copies of email messages, calendar events, and other personal information.
4. E‐mail submitted to, or transferred from the agency, and all internal agency communications, including staff notes related to a non‐ exempt California Environmental Quality Act (CEQA) action are required to be retained until Completion of the CEQA process. This does not include:
a. “every e‐mail and preliminary draft.”
b. “e‐mail equivalent to sticky notes, calendaring faxes, and social hallway conversations — that is, e‐mails that do not provide insight into the project or the agency’s CEQA
compliance with respect to the project — are not within the
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87 scope of [Public Resources Code] Section 21167.6, subdivision (e) and need not be retained to comply with Section 21167.6.”
5. E‐mail communications that DO NOT relate in a substantive way to the conduct of business, or are NOT required to be retained by law nor by the City’s Records Retention policies, and were NOT made or retained for the purpose of preserving the informational content for future reference (preliminary drafts, notes, transitory correspondence, interagency or intra‐agency memoranda not retained in the ordinary course of business,) will be deleted by employees as soon as they are no longer required.
6. The Town will auto‐delete e‐mails left in the following mail boxes on a routine basis:
a. In boxes (delete what remains after 2 years)
b. Sent items (delete what remains after 2 years)
c. Deleted items (delete what remains after 90 days)
P. Archiving and “Auto‐Archiving” of e‐mails is not permitted.
Q. Personal Devices/Personal Accounts/Text messages. The Town discourages the use of personal e‐mail accounts, cell phones, or other personal devices to conduct Town business. If any of these are used to conduct Town business:
1. If the e‐mail from a personal device, personal account, or text contains content that needs to be preserved, it should be either:
memorialized via another record (memorandum, letter, or e‐mail) that is saved for its retention period (based upon the content of the record); or
2. Copied or forward t to a Town e‐mail account, where it will be properly saved in compliance with this policy.
3. E‐mails, records, and/or text messages stored on personal devices or in personal accounts relating to the conduct of Town business may be subject to the Public Records Act.
4. In the event a request for records is received, employees must locate all records responsive to such request, including any records stored on personal accounts or personal devices (unless an exemption applies.)
R. E‐mails may only be sent or forwarded to appropriate persons with a need to know the information to conduct Town business.
S. For confidential emails, the word “Confidential” should be included in the subject line . Do not “interfile” e‐mail or other privileged correspondence
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87 from the City Attorney’s Office with public documents (documents that are accessible to the public). These e‐mails are subject to the attorney‐ client and or the attorney work product privileges, and the contents should not be disclosed without first checking with the City Clerk.
T. Litigation Holds / Other Types of Holds. E‐mails subject to litigation (including a reasonable expectation of litigation,) claims, complaints, audits, records requests and/or investigations are to be preserved and normal retention periods are suspended for these emails (retention resumes after settlement or completion of the triggering hold).
U. Privileged Attorney‐Client Communication. All employees should be aware that communication and correspondences with the City Attorney’s Office, and all work products, opinions, comments, written correspondence and emails from the City Attorney’s Office are confidential and protected by the attorney‐client privilege. Such privilege is only waivable by the City Council. Thus, employees shall not forward or reproduce attorney‐client privileged, confidential communication correspondence to any third party outside the Town, with the exception of Town‐retained consultants who are a part of a Town project team or are providing advisory or project management services to the Town. Any questions regarding whether a communication or correspondence is distributable, or whether a third party is considered a Town consultant able to receive privileged communication, should be directed to the City Attorney’s Office.
V. Separation / Transfer of Users
1. The Town’s IT Systems must be set up to immediately disable a separated employee’s access to Town e‐mail and/or other technology. Human Resources and Information Technology shall ensure timely notifications of all employee separations.
2. During separation, Human Resources will ensure employees:
a. Forward any e‐mails or text messages relating to Town business stored on personal devices or personal accounts to their Town e‐mail account.
b. Employees are to close and/or remove any access to Town e‐ mail or other technology systems from their personal devices. c. Information Technology shall ensure that the employee’s (former) supervisor has access to the former employee’s e‐ mail account.
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87 d. The records stored in the e‐mail account (including any archives) of an employee who separates, or transfers shall be the responsibility of that employee’s (former) supervisor. e. The former employee’s supervisor shall review the e‐mails of the former employee, ensure the content of their e‐mail account are preliminary drafts not retained in the ordinary course of business (i.e. the content does NOT relate in a substantive way to the conduct of the public's business,) then authorize their deletion, after appropriate records are retained for their retention period, if applicable.
f. E‐mails that remain in an account (that are not saved in a subject/project file folder outside the e‐mail system) will be routinely deleted after 2 years.
W. City Council Personal Computing Devices and Electronic Communications.
The following rules shall be applicable to all Los Altos Hills Council members:
1. To reduce the amount of paper utilized by the Town, the Town Council members shall be provided with the opportunity to utilize personal computing devices to store Town Council agenda materials and to access agenda materials during Council meetings.
For purposes of this subsection, a “personal computing device” includes iPads, mobile phones, tablets, laptops, notebooks, desktop computers and other such devices.
2. During Council meetings, noticed and open to the public pursuant to the Brown Act, the use of personal computing devices by Council Members to receive/send calls, emails, text messages or other communication is not permitted.
3. All information stored on the personal computing device may be subject to the California Public Records Act.
4. Use of any personal computing device provided by the Town to members of the Council shall comply with this policy, shall be the property of the Town, and shall be returned to the Town when the Council member is no longer serving in such capacity.
5. The primary use of personal computing devices shall be for Town related business. Incidental personal use is permissible provided the use complies with this policy.
Y.X. Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, of the Employee Handbook may be taken if an employeea User is found in violation of this policy. A User may also be subject to criminal or civil prosecution in accordance with other applicable State or Federal laws.
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87 INFORMATION SECURITY PROCEDURES and EMPLOYEE SECURITY STATEMENT Section 1 — Purpose
The Town shall establish information security proceduresto which Users are expected to adhere.
These procedures are an extension of the Information Technology Use Policy and are applicable to all Users. The Town reserves the right to change the policies and procedures set forth in this policy at any time.
Users must not circumvent the policies, procedures, and safeguards implemented with the technology that protect the Town, its information, and its employees. Users must promptly report technology related security incidents or concerns to IT Services and IT Managed Services Provider
Section 2 ‐ Policy Specifics
A. Passwords
Passwords are an important aspect of computer security. They are the frontline of protection for User accounts. Passwords are used for various applications at the Town. Some of the more common usesinclude network accounts, web accounts, e‐mail accounts,screen saver protection, department specific applications, and voice‐mail access.
A poorly chosen password can compromise the Town 's network. As such, all Users are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords. The Town requires the following:
Network
Minimum length: 8 characters
Complexity: letters, numbers, and special characters
Remember last password: 5 previous passwords
Require password change: 6 months
Lockout period: 15 minutes
Never use the same password for Town accounts as for other non‐Town account access (e.g., personal accounts, bank accounts, benefits, etc.).
Passwords should not be written down. No User shall share their User ID or passwords with any other Town User, non‐Town User, or person. No User shall log a person in and allow that person to perform work under a User ID and password that does not belong to that individual. Authority and accessto all information is based on User ID. If a person needs additional authority or access, that person, their supervisor, or their employee contact (in the case of a vendor) shall contact IT Services to set it up.
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88 All passwords are to be treated assensitive and confidential. Usersshall notreveal their password to anyone under any circumstances. For example, Users shall not reveal their password over the phone, in an e‐mail message, in any form of writing, including to any co‐worker, family member, etc.
As applicable, all accounts shall be protected by Two‐Factor Authentication (2FA).
B. Use of Town IT Systems with Non‐Town Computer Equipment Users can connect to the Town's network their personal computer equipment (excluding USB storage devices) to check email, calendar, and contacts, but not permitted to access othershared networks.
Any employee who wishes to attach or connect a consultant, vendor, or contract worker's personal computer equipment (including laptops) to the Town 's network shall agree to follow all the polices set forth in the Town 's IT Use Policy when attaching computer equipment to the Town 's network at any Town facility.
1. Town staff shall inform non‐Town employees of the inspection requirements, and when possible, provide advance notice to IT Managed Services Provider through the Help Desk to schedule the inspection.
2. The Town shall attempt to maintain the privacy of the individual's equipment, but once attached to the Town 's network, the Town retains the right to inspect the computer equipment in accordance with the IT Policy.
Except as explicitly authorized, Users shall not allow Town documents to be stored on a hard drive or other storage media attached to a non‐Town personal computer. Users shall not allow personal computer equipment that is connected to the Town 's network to be configured to allow web hosting, sharing, or Wi‐Fi services.
Town network access shall not be used to download files from the Internet, including but not limited to video, music, or applications, to a personal, non‐Town computer. No attempt shall be made to access data by any unauthorized means. The Town 's security policies may limit network access.
C. Vendor Remote Desktop Support
In certain circumstances Town vendors are allowed to provide remote support to specific User desktop computers. If a User allows a vendor to remotely support the desktop, computer Users shall ensure that only the vendor‐specific application is open on the desktop.
D. Employee Security Statement
By signing this form, I confirm that I have read, understand, and agree to the IT Policy and Attachment A, and understand the consequences for non‐compliance to its terms.
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88 The Town collects and receives confidential and personal information from the public to administer the various functions for which it has responsibility. The Town is committed to protecting this information from unauthorized access, use, or disclosure. I understand the following are my responsibilities:
1. As an employee of the Town, I may access confidential and personal information maintained by the Town only when necessary to accomplish the responsibilities of my employment. Ishall not access or use this confidential or personal information for reasons personal to me or for personal gain.
2. I may disclose confidential or personal information maintained by the Town only to individuals who have been authorized to receive it through the appropriate procedures as governed by State law and Town ordinances and policy. In the case of confidential or personal information, a proper accounting of all disclosures must be made.
3. I understand I have a duty to promptly notify a supervisor of an indication of misuse or unauthorized disclosure of confidential or personal information by any employee of the Town.
4. I understand that computer passwords to the various Town systems are considered confidential information.
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90 14.10.14.10 FRAUD POLICY
The Town of Los Altos Hills is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the Town to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the Town and, when appropriate, to pursue legal remedies available under the law
14.10.1 General Provisions
A. Purpose ‐ To establish policy to ensure that employees are aware of what acts are consideredtobe fraudulent,whattheprocedures are forreporting suspected fraudulent acts, and what steps are to be taken when fraud or other related dishonest activities are suspected.
B. Definitions
1. “Fraud” – Fraud and other similar irregularities include, but are not limited to:
a. Claim for reimbursement of expenses that are not job‐ related or authorized by the current Town Reimbursement Policies.; b. Forgery or unauthorized alteration of documents (checks, promissory notes, time sheets, independent contractor
agreements, purchase orders, budgets, etc.)..);
c. Misappropriation of Town assets (funds, securities, supplies, furniture, equipment, etc.)..);
d. Improprieties in the handling or reporting of money
transactions.;
e. Authorizing or receiving payment for goods not received or services not performed.;
f. Computer‐related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or
misappropriation of Town‐owned software.;
g. Misrepresentation of information on documents.;
h. Any apparent violation of Federal, State, or local laws related to dishonest activities or fraud.;
i. Seeking or accepting anything of material value from
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i. vendors, consultants, contractors, lessees, applicants, and grantees. Materiality is determined by the Town’s Conflict of Interest Code which incorporates the Political Reform act of 1974, Regulations of the Fair Political Practices Commission ( 2 Cal.Admin.Code Sections 18100 et seq. ), and any amendments to the Act or regulations.
2. “Employee” – In this context, employee refers to any individual or group of individuals who receive compensation, either full‐ or part‐ time, from the Town. The term also includes any volunteer who provides services to the Town through an official arrangement with the Town or a Town organization.
3. “Manager or Management” – In this context, manager or management refers to any administrator, manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources.
14.10.2 Policy
A. It is the Town’s intent to fully investigate any suspected acts of fraud, misappropriation, or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, length of service, or relationship with the Town of any party who might be involved in or becomes the subject of such investigation.
B. Each department of the Town is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.
C. When informed of a suspected impropriety, neither the Town nor any person acting on behalf of the Town shall:
1. Dismiss or threaten to dismiss the employee reporting the impropriety because of said reporting;
2. Discipline, suspend, or threaten to discipline or suspend that employee because of said reporting;
3. Impose any penalty upon that employee because of said reporting; or
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93 4. Intimidate or coerce that employee for that employee’s role in reporting the suspected impropriety.
5. This section is intended to protect employees from retaliation for reporting suspected improprieties. It shall not be construed as absolving an employee of responsibility for his or hertheir own fraudulent activity; any such fraudulent activity shall be subject to disciplinary action.
D. Violations of this policy will result in discipline up to and including dismissal.
E. Uponconclusionofthe investigation,the resultswill be reportedtothe City Manager.
1. The City Manager, following review of investigation results, will take appropriate action regarding employee misconduct.
Disciplinary action may include referral of the case to the District Attorney’s Office for possible prosecution.
2. The Town will pursue every reasonable effort, including court ordered restitution, to obtain recovery of Town losses from the offender, or other appropriate sources.
14.10.3 Procedures
A. City Council and Committee/Commission Appointeeappointee Responsibilities
1. If a City Councilmember or an Appointee has reason to suspect that a fraud has occurred, he or shethey shall immediately contact the City Manager.
2. The City Councilmember or Appointeeappointee member shall not attempt to investigate the suspected fraud or discuss the matter with anyone other than the City Manager.
3. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Administrative Services Director.
B. Employee Responsibilities
1. A suspected fraudulent incident or practice observed by, or
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employee’s supervisor. If the employee believes that the supervisor may be involved in the inappropriate activity, or if
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94 2.1. there is any other reason the employee believes it would not be appropriate to report to the supervisor, the employee shall make the report directly to the next higher level of management and/or to the City Manager.
3.2. The reporting employee shallrefrain from furtherinvestigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, City Attorney or law enforcement personnel.
C. Management Responsibilities
1. Managers are responsible for being alert to, and reporting, fraudulent or related dishonest activities in their areas of responsibility.
2. Each manager should be familiar with the types of improprieties that might occur in his or hertheir area and be alert for any indication that improper activity, misappropriation, or dishonest activity is or was in existence in his or hertheir area.
3. When an improper activity is detected or suspected, or when a manager receives a report of suspected activity from an employee, the manager shall inform his or hertheir immediate supervisor and/or the Department Headdepartment head.
4. Management should not attempt to conduct individual
investigations, interviews, or interrogations. However, management is responsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions.
5. Management should support the Town’s responsibilities and cooperate fully with other involved departments and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders.
6. Management must give full and unrestricted access to all necessary records and personnel. All Town furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy.
7. In dealing with suspected dishonest or fraudulent activities, great care must be taken. Therefore, management should avoid the following:
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95 a. Incorrect accusations.
b. Alerting suspected individuals that an investigation is underway.
c. Treating employees unfairly.
d. Making statements that could lead to claims of false accusations or other offenses.
8. In handling dishonest or fraudulent activities, management has the responsibility to:
a. Make no contact (unless requested) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.
b. Avoid discussing the case, facts, suspicions, or allegations with anyone outside the Town, unless specifically directed to do so by the City Attorney.
c. Avoid discussing the case with anyone inside the Town otherthan employees who have a need to know such asthe
City Manager, City Attorney, or law enforcement
personnel.
d. Direct all inquiries from the suspected individual, or his or hertheir representative, to the City Manager or City
Attorney. All inquiries by an attorney of the suspected individual should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager.
e. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting with the
Administrative Services Director, in conformance with the Town’s Personnel Policy Manual.
4.10.4 Investigation and Action
a. The Department Headdepartment head shall inform the City Manager and the Administrative Services Director of suspected activity involving fraud or related dishonest activity.
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96 b. The Department Headdepartment head, Administrative Services Director, and City Manager will determine how best to investigate the suspected activity; typically either the Department Headdepartment head or the Administrative Services Director, or a designated representative, will be assigned to conduct the investigation.
c. At the conclusion of the investigation, the investigator will report to the Department Head, City Manager, and Administrative Services Director. d. If evidence is uncovered showing possible dishonest or fraudulent activities, the investigator will proceed as follows:
1. Advise management, if the case involves staff members, to meet with the Administrative Services Director to determine if disciplinary actions should be taken.
2. Report to the Administrative Services Director such activities in order to assess the effect of the illegal activity on the Town’s financial statements.
3. Coordinate with the Town’s Risk Manager regarding notification to insurers and filing of insurance claims.
4. Take immediate action, in consultation with the City Attorney, to prevent the theft, alteration, or destruction of evidentiary records.
Such action shall include, but is not limited to:
a. Removing the records and placing them in a secure location, or limiting access to the location where the records currently exist.
b. Preventing the individual suspected of committing the fraud from having access to the records.
5. If employees are contacted by the news media regarding an alleged fraud or audit investigation, the employee will consult with the City Manager, and the City Attorney as appropriate, before responding to a media request for information or interview.
6. Unless exceptional circumstances exist, a person under investigation for fraud is to be given notice in writing of essential particulars of the allegations following the conclusion of the audit. Where notice is given, the person against whom allegations are being made may submit a written explanation
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97 7.6. The Administrative Services Director will be required to make recommendations to the appropriate department for assistance in the prevention of future similar occurrences.
14.10.5 Exceptions
a. There will be no exceptionsto this policy unless provided and approved in writing by the City Manager and the City Attorney.
If the City Manager is suspected of fraud, that claim shall be addressed directly to the City Attorney. The City Attorney shall enforce the spirit of this policy and report to the City Council as appropriate.
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99 14.914.11DRIVER SELECTION POLICY
14.9.114.11.1 Driver Selection
The Town has adopted these guidelines for the selection and authorization of all employees who may operate any vehicle and/or equipment or their personal vehicle on behalf of the Town.
Preventing driving‐related accidents and injuries begins during the hiring process.
A. Application for Employment
To ensure the Town hires qualified candidates into positions that require or may require driving, we require applicants to provide the following with the employment application:
1. Driver’s license number for the class of vehicle operated and expiration date
2. 3.2. Proof of Insurance if operating personal vehicles on Town business.
B. Motor Vehicle Report
Simply having a valid driver’s license does not automatically qualify an employee or prospective employee to operate a motor vehicle on behalf of the Town:
1. Applicants ‐ Upon verification of a valid driver’s license, the Town will obtain and review the mostrecent motor vehicle record (MVR) prior to granting driving authorization to determine if it is acceptable based on the criteria contained in this policy.
2. Employees– All employees who drive while working at the Town will be enrolled in the DMV Motor Vehicle Employer Pull Notice Program (EPN). The reports will be reviewed and evaluated by Human Resources, Risk Management and the City Manager to determine that employees remain eligible to operate Town vehicles and their personal vehicles while working on behalf of the Town. Those drivers who do not hold a Class A or B license must sign a waiver allowing their enrollment in the program.
3. MVR Criteria – The Town will review MVRs in accordance with the criteria contained in Section 2 of this policy. For each employee
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10 updated MVR. The MVR is automatically issued periodically and when there is activity on a requested employee’s report. The focus will be on the frequency and severity of accidents and traffic violations over the past five years.
14.11.3.14.11.2.Distracted Driving (Use of cell phones and wireless devices) All employees must adhere to all federal, stateFederal, State, and local rules and regulations regarding the use of cell phones and wireless devices while driving.
Employees are prohibited from using a wireless device to write, send or read text‐based communications while driving.
Do not use a wireless device while driving unless it is an emergency and it is not safe to pull off the road. Even with hands‐free functionality, use of a wireless device while driving can cause unnecessary distractions and pose safety risks.
14.11.4.14.9.1Definitions
14.11.3. Definitions
A. “Authorized Drivers”
Authorized drivers are those employees that have been identified, by verification of their driving record through the DMV, as:
1. Having an acceptable driving record in accordance with those set forth in this policy;
2. Received approval to drive Town vehicles or their own personal vehicle from the driver’s manager or supervisor,; and
3. Have met any other requirements set forth by the Town.
B. “Qualified Driver”
Qualified Driver‐ Drivers are deemed “qualified” if they meet the following criteria:
1. Possess a valid, active (non‐suspended) California driver’s license of the proper class and comply with any DMV restrictions;
2. Pass physical and/or vision/hearing test as required by the class of license;
3. Pass physical examination when a question of fitness to drive arises because of illness or injury;
4. Demonstrate proficiency in vehicle or equipment operation and receive direct supervisor approval; and
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10 5. Meet USU.S. Department of Transportation requirements, when applicable to the operation of vehicles or equipment; and.
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10 14.11.5.14.11.4.Accident Reporting
In the event of a vehicle accident involving a Town vehicle, driver:
1. Must callCall 9‐1‐1;
2. Must notifyNotify direct supervisor;
3. Should offerOffer first aid, if trained and able;
4. Should takeTake photos of the location,road condition, damages, vehicle positions, and other pertinent and relevant objects, if safe to do so;
5. Should exchangeExchange insurance and contact information with other vehicles operators or property owners; if safe to do so; An ABAG Plan accident report, located in the glove box of all Town vehicles, should be completed within 24 hours of the incident by driver or direct supervisor and submitsubmitted the report to Human Resources, Risk Management, or the City Clerk. An accident investigation will be completed by Risk Management and/or the direct supervisor. Driver, and the driver’s status may be evaluated.
14.11.614.11.5 Vehicle Use
Employees are encouraged to use Town vehiclevehicles for all official Town business. Unauthorized use of Town vehicles is prohibited. In the event the employee must use personal vehicles for official Town business, a mileage reimbursement will be paid based on mileage rate set by Internal Revenue Service.
Persistent use of personal vehicles will require adequate proof of insurance coverage with minimum coverage set at $150,000 per occurrence.
14.11.714.11.6 Inspection, Maintenance, and Recordkeeping The inspection and servingservice of Town vehicles are the responsibility of the Public Works departmentDepartment. Employees are responsible for performing a visual inspection prior to each trip to assure all safety features are fully functionally, such as lights, signals, wipers, tires, and brakes. Any deficiency must be reported to Public Works and the vehicle must be removed from service.
Inspection scheduleschedules and maintenance records are maintained by Public Works and documented in a vehicle log.
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14.12 VIOLENCE IN THE WORKPLACE
The Town of Los Altos Hills is committed to protecting its employees from threats of violence in the workplace. It is the Town’s policy that the Town will not tolerate violence or threats of violence made by an employee, visitor, vendors, consultants, contractors any persons appearing on Town property seeking information or assistance from the Town or any person utilizing the Town facilities or resources.
14.12.1 Purpose
A. This section provides the Town's policy, as well as the procedures to address workplace violence issues. To ensure a safe workplace, the Town has developed procedures to prevent violent incidents from occurring and to provide an orderly process for handling violent and threatening behavior in the workplace, if it occurs.
14.12.2 Policy
A. Acts of violence, whether threatened, gestured, or carried out will not be tolerated in a Town workplace. Anyone witnessing or becoming the subject or victim of such behavior shall immediately report it to the proper authoritiesfor investigation. Minimizing the threat of violence is a duty of all employeesto ensure a safe workplace. The Town resources may not be used to threaten, stalk or harass anyone at the workplace or outside the workplace. The Town treats threats coming from an abusive personal relationship as it does other forms of violence.
B. It is the responsibility of all employees to notify a supervisor, the Administrative Services Director, or the City Manager immediately of any violent act or a threat, or if a violent act or threat against themselves or any other Town employee occurs in the workplace or is directly associated with their employment with the Town. Employeesshould not place themselvesin peril, nor should they attempt to intercede during an incident. Notification
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10 may be made to any of these employees as appropriate and shall be as soon as practicable. Retaliation of the threat or retaliation against a person who reports such an incident is unlawful and shall not be tolerated.
C. Town employees shall not possess the following instruments at a Town worksite or on Town property including Town parking lots, unless there is a work‐related purpose and written approval has been obtained from the employee's department manager:
1. Firearms;
2. Explosives or ammunition;
3. Fixed blade knives;
4. Folding knives with blades over 3.5 inches;
5. Illegal weaponssuch as defined in Section 12020 of the California Penal Code
D. The Town shall take appropriate disciplinary action up to and including termination of employment against employees who violate this policy. On a case‐by‐case basis, or as needed, the Town will offer incident‐related counseling service through the Town's Employee Assistance Program (EAP), or any other resource or program available by the Town who are the victims of violence or are subjects of threats of violence intimidation at the workplace. The Town administration will work with public safety, the courts, other authorities necessary to assure employee safety.
14.12.3 Procedure ‐ Imminent or Actual Violent Acts
A. Employee Responsibilities: An employee who is in immediate apparent danger of a violent act an employee witnesses a violent act, or the threat of a violent act shall, whenever possible ensure the immediate safety of employees and the worksite by calling 911, and notify the department manager and Human Resources Director.
1. Place themselves in a safe location.
2. Call 911 and request the immediate response of a police officer. Be prepared to info the police dispatcher of the circumstances and exact location of where an officer needed.
3. Inform a supervisor or manager of the circumstances.
4. Refer media inquiries to the City Manager's Office.
5. Cooperate fully in any administrative or criminal investigation which shall be conduct within this policy and the law.
B. Supervisor/Manager Responsibilities:
1. Place themselves in a safe location.
Town of Los Altos Hills
Personnel Rules & Regulations
10 2. If feasible, have the involved individual (s) wait in separate rooms or locations until the police take control or remove them from the premises.
3. In consultation with the City Manager, determine if it is appropriate to obtain a restraining order or other appropriate injunctive and/or other legal and/or equitable relief.
4. Reassign/relocate personnel or job duties if required.
5. Terminate any business relationship.
6. Any other action deemed by the Town to be necessary or required under the circumstances.
7. Refer media inquiries to the City Manager’s Office.
C. Procedures ‐ Future Violence:
1. Employees who have reason to believe they, or another City employee, may be victimized by a violent act sometime in the future, at the workplace or as a direct result of their employment with the Town, shall inform their supervisor immediately so appropriate action may be taken. The supervisor shall inform their department manager.
2. Employees who hav e signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy of the signed order to their supervisor and the Administrative Services Director.
D. Post‐Incident Review:
1. The City Manager's Office, the Administrative Services Director and the affected department may conduct a post‐incident review and use the review to evaluate this policy and procedure.
2. The Town may determine what continuing support systems are needed and oversee post incident activities.
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Classification and Compensation Plan
Classification and Compensation Plan
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Classification and Compensation Plan
81
Town of Los Altos Hills
Classification and Compensation Plan
138
RESOLUTION 08‐17
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS ADOPTING THE RECLASSIFICATION OF BUILDING OFFICIAL TO
BUILDING INSPECTOR/OFFICIAL SERIES AND AMENDING THE EMPLOYEE
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Town's Building Official job classspecification was last reviewed in 1998; and WHEREAS, the Personnel Rules and Regulations and Employee Classification and Compensation Plan documents were last comprehensively reviewed and updated in 2006 and last revised in 2016; and
WHEREAS the Town's 2015 Compensation Plan compared the Town's Building Official job specification with Senior Building Inspectors in nine comparable agencies; and WHEREAS the Town's Rules and Regulations and Employee Classification and Compensation Plan must be updated to reflect changes in compensation and payroll practices; and 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 1, 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 Compensation Plan as set forth in Attachment 2.
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 8th day of March, 2017 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Waldeck, Radford, Corrigan, Spreen Wu
None
None
None
BY:
Gary Waldeck, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 08
‐17 Page
I
Town of Los Altos Hills
Classification and Compensation Plan
83 CLASSIFICATION AND COMPENSATION PLAN
The purpose of the compensation plan is to outline the compensation package for eligible employees and their eligible dependents. Eligibility is determined by the Town’s Personnel Rules and Regulations unless otherwise defined in the benefit description.
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Classification and Compensation Plan
1083
Town of Los Altos Hills
Classification and Compensation Plan
10 Town of Los Altos Hills
Classification and Compensation Plan
84 Annual Range Hourly Range
Bottom Top Bottom Top
SECTION 100
AUTHORIZED CLASSIFICATIONSCLASSIFICATION AND SALARIES
100.1 100.1 MONTHLY SALARY SCHEDULE BY PERMANENT EMPLOYEE CLASSIFICATION* Adopted March 8, 2017
City Manager' s Office
FY23‐24 Salary Schedule
Annual Range Hourly Range
Minimum Maximum Minimum Maximum
City Manager‐Set by
Contract
$ 202,550
254,880
$ 202,550
254,880
salary
Assistant to the City
Manager
$ 128,755 $ 173,820 salary
Management Analyst II $ 108,318 $ 146,230 salary Management Analyst $ 93,402 $ 126,093 $ 44.90 $ 60.62 Senior City Clerk $ 67
138,656
$ 121,380
187,186
salary
City Clerk $ 119,563 $ 161,410 Salary Admin Clerk/Technician
(0.6 FTE)
$ 42,516$
74,790
$
70,505
$ 100,966
$ 35.96 $ 48.54
Administrative Services
Director
$ 181,929 $ 245,605 salary
Finance Manager $ 137,498 $ 185,621 salary Senior Accountant $ 119,563 $ 161,410 Salary Accountant $ 98,131 $ 132,476 $ 47.18 $ 63.69 Accounting Technician $ 88,901 $ 120,017 $ 42.74 $ 57.70 Accounting Office
Assistant
$ 76,659 $ 103,490 $ 36.86 $ 49.75 Community
Development Director
$ 181,929 $ 245,605 salary
Assistant Community
Development
$ 149,454 $ 201,763 salary
salary
salary
$ 20.4404 $ 33.8966
$ 26.7577 $ 45.5875
$ 20.2096 $ 26.4803
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Classification and Compensation Plan
10 Town of Los Altos Hills
Classification and Compensation Plan
84 Director/Building
Official
Principal Planner $ 131,975 $ 178,166 salary Senior Planner $ 113,802 $ 153,632 salary Associate Planner $ 98,131 $ 132,476 $ 47.18 $ 63.69 Assistant Planner $ 84,618 $ 114,234 $ 40.68 $ 54.92 Building Official $ 119,563 $ 161,410 salary Deputy Building
Official/Plan Examiner
$ 113,580 $ 153,329 salary
Senior Building
Inspector
$ 98,131 $ 132,476 $ 47.18 $ 63.69 Building Inspector $ 84,618 $ 114,234 $ 40.68 $ 54.92 Building Technician $ 78,576 $ 106,078 $ 37.78 $ 51.00 Public Works Director
& City Engineer
$ 181,929 $ 245,605 salary
Utility Engineering
Manager
$ 138,656 $ 187,186 salary
Senior Civil Engineer $ 125,616 $ 169,581 Salary Associate Engineer $ 108,318 $ 146,230 $ 52.08 $ 70.30 Assistant Engineer $ 93,402 $ 126,093 $ 44.90 $ 60.62 Senior Maintenance
Superintendent
$ 131,975 $ 178,166 salary
Maintenance
Superintendent
$ 113,802 $ 153,632 salary
Maintenance Worker
III
$ 76,659 $ 103,490 $ 36.86 $ 49.75 Maintenance Worker II $ 66,103 $ 89,240 $ 31.78 $ 42.90 Maintenance Worker I $ 57,001 $ 76,951 $ 27.40 $ 37.00 Community Services
Manager
$ 112,083 $ 151,308 salary
Community Services
Supervisor
$ 55,656$
93,402
$
94,822
$ 126,093
$ 44.90 $ 60.62
Recreation Specialist $ 42,036$
59,886
$
55,079
$ 80,846
$ 28.79 $ 38.87
Administrative Services
Director ‐ Administrative Services $ 120,528 $ 175,794 Finance Manager $ 78,012 $ 130,712
Management Analyst I $ 62,292 $ 90,252
Admin Clerk/Technician $ 42,516 $ 70,505
salary
salary
$ 29.9481 $ 43.3904
$ 20.4404 $ 33.8966
Town of Los Altos Hills
Classification and Compensation Plan
10 Town of Los Altos Hills
Classification and Compensation Plan
84 Community Development (Planning & Building)
Director ‐ Planning $ 120,528 $ 175,794 salary
Senior Planner $ 89,172 $ 121,380 salary
Associate Planner $ 69,612 $ 104,665 $ 33.4673 $ 50.3197 Assistant Planner $ 62,292 $ 90,252 $ 29.9481 $ 43.3904 Building Official $ 85,436 $ 109,040 Salary
Senior Building Inspector $ 74,292 $ 94,822 $ 35.7173 $ 45.5875 Building Inspector $ 63,148 $ 80,599 $ 30.3596 $ 38,7495 Planning/Building Technician $ 51,816 $ 74,074 $ 24.9115 $ 35.6125 Admin Clerk/Technician $ 42,516 $ 70,505 $ 20.4404 $ 33.8966
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Classification and Compensation Plan
85109
Annual Range Hourly Range
Bottom Top Bottom Top
Public Works
*See Section 1.2 for Meritorious Range
100.2100.1 MERITORIOUS RANGE
At the City Manager’s discretion, an employee at top salary on the Salary Range may be awarded a monthly salary of up to 5% above top salary in recognition of exemplary performance. Meritorious awards may be revoked by the City Manager, at any time and without cause, and automatically expire at the end of each fiscal year. 100.3100.2 TEMPORARY AND PART‐TIME EMPLOYEE SALARIES
Temporary and Part‐Time employees are paid an hourly rate equivalent to the monthly rate for permanent employees in a like classification at a salary commensurate with the employee’s experience. If there is no related permanent employee classification, the City Manager shall set a temporary rate not to exceed $25.00 per hour.
Director ‐ Public Works & City Engineering $ 120,528 $ 175,794 Senior Civil Engineer $ 89,172 $ 121,380
Associate Engineer $ 69,612 $ 104,665
Assistant Engineer $ 62,292 $ 90,252
Maintenance Superintendent $ 72,336 $ 121,380
Maintenance Worker III $ 52,236 $ 74,074
Maintenance Worker II $ 47,484 $ 63,875
Maintenance Worker I $ 42,036 $ 55,079
Salary
Salary
$ 33.4673
$ 29.9481
Salary
$ 25.1135
$ 22.8288
$ 20.2096
Town of Los Altos Hills
Classification and Compensation Plan
86110
SECTION 200
LEAVE
Administrative Leave – See Section 6.11
Bereavement Leave – See Section 6.8
Catastrophic Leave – See Section 6.3
Compensatory Time (Comp Time) – See Section 6.6
Family and Medical Leave – See Section 6.12
Holidays – See Section 6.4
Jury Duty – See Section 6.7
Leave Without Pay – See Section 6.14
Military Leave – See Section 6.9
Pregnancy Disability Leave – See Section 6.13
Sick Leave – See Section 6.2
Vacation Leave – See Section 6.5
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
88 SECTION 300
HEALTH AND WELFARE
300.1 CAFETERIA AND FLEXIBLE BENEFIT PLAN
Effective January 1, 20172023, the cafeteria plan flexible dollar amount will be as follows:
Level of coverage Monthly Flexible Dollar
Amount
Employee $733.39 913.74
Employee plus one $ 1,466.78736.11
Employee plus two or
more
$1,906.81 2,229.52
The flexible dollar amount may be used to select any of the PEMHCA medical plans available to the employee or any other benefits available in the Town’s Cafeteria and Flexible Benefit Plan. Additional Plan options shall include short‐term disability, hospital confinement indemnity, hospital confinement sickness indemnity, hospital intensive care, accident, cancer/specified disease, lump sum critical illness,specified health event benefits and a flexible spending account option. Employees selecting a plan or benefits for which the cost is greater than the Town’s applicable flexible dollar amount shall pay the excess cost. Eligible employees with proof of insurance from another source may elect to receive an opt‐out payment in‐lieu‐of participating in the Town’s Cafeteria Flexible Benefit Plan.
Opt‐out payments are:
Level of coverage MonthlyBi‐weekly opt‐
out payment
Employee Only &
Employee plus one
$414.00
($212.31 Bi‐weekly)
Employee plus two or
more
$540.00
($276.93 Bi‐weekly)
The Town shall adjust the monthly flexible benefit contribution on an annual basis. 300.2 DESIGNATED HEALTH CONTRIBUTION TOWARD HEALTH PREMIUM 2016‐17 Monthly 2023Monthly PEMCHA
health contribution
$128 151.00
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
88 The Town contracts with PEMHCA for health insurance and pays the minimum monthly health contribution toward the health premium, as established by PEMHCA on an annual basis, for eligible employees, elected officials, and qualifying retirees. For eligible employees, this benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following
Town of Los Altos Hills
Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
90 the employee’s separation date. The PEMCHA contribution for health is per month for eligible employees, elected officials, and qualifying retirees. Retirees will be required to qualify as CalPERS annuitants and meet all statutory and legal requirements necessary to receive this benefit. The health contribution isincluded in the Cafeteria and Flexible Benefit fund amounts described in section above.
300.3 DENTAL PLAN
The Town contracts for dental insurance and pays the full premium for eligible employees, elected officials and their eligible dependents. This benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following the employee’s separation date. 300.4 VISION PLAN
The Town contracts for vision insurance and pays the full premium for eligible employees, elected officials, and their eligible dependents. This benefit begins on the first day of the calendar month following the employee’s hire date and terminates on the last day of the calendar month following the employee’s separation date. 300.5 EMPLOYEE WELLNESS
Permanent full‐time employees with at least one year of serviceare eligible up to the Town are provided a $450 $575 employee wellness allowance in 2016‐17 for programs, activities, and equipment that promote good health. Guidelines for the 2016‐17 program will be established by the City Manager. All wellness reimbursements shall be reimbursed through payroll. This benefit is made possible by a grant from the Town’s Workers’ Compensation insurer.
300.6 LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE The Town contracts for a term life insurance policy and pays the full premium for eligible employees. The benefit amount is equal to the employee’s annualsalary or up to $150,000, with the exception of the City Manager’s which is set by contract. This may be a taxable benefit to the employee.
The Town also contracts for an accidental death and dismemberment insurance policy and pays the full premium for eligible employees. The benefit amount varies based on each specific condition and is set by the policy document.
300.7 LONG TERM DISABILITY INSURANCE
The Town contractsfor a long term disability insurance policy and paysthe full premium for eligible employees.
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
90 Employees are insured against long‐term disability through third‐party insurance which provides sixty percent (60%) of an employee’s monthly earnings to a maximum benefit of $5,000 per month, in the event of a disability which occurs outside of the work place.
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
91 Workers Compensation insurance provides coverage for on‐the‐job injuries. Coverage begins ninety (90) days following a disabling event and continues to an end date determined by the employee’s age.
300.8 WORKERS’ COMPENSATION
300.8.1 General Description
Through worker’s compensation, employees are insured against losses due to job‐related illness or injury. Under this program, medical expenses are paid and, while disabled, employees are eligible for weekly compensation based on their salary.
300.8.2 Eligibility
Regular, full‐time employees and part‐time employees and temporary employees are eligible forthis benefit. Retired employees are not eligible for this benefit.
300.8.3 Benefit
When an employee suffers a workers’ compensation injury, the employee is eligible for receipt of two‐thirds (2/3) of his/hertheir salary or the amount statutorily assigned by the State of California, whichever is lower, as well as authorized health care costs, through the workers compensation claim.
Employees on workers’ compensation leave may use accrued sick leave to supplement any monetary difference between their normal rate of pay and workers compensation’s temporary disability benefits.
300.8.4 Method of Administration
Workers compensation claims are administered for the Town by a third party administrator. All on‐the‐job injuries must be reported to the Finance Department immediately. When an employee makes a workers’ compensation claim, the claim must be submitted to the Town on the appropriate claim form, and must be accompanied with verification of the injury by a physician as well as the recommendation that the employee be absent from work for a certain length of time to allow recovery from the injury. The third party administrator makesthe determination asto whether a claim is eligible for payment and which medical bills are eligible for reimbursement.
Town of Los Altos Hills
Classification and Compensation Plan
11 300.9 EMPLOYEE ASSISTANCE PROGRAM
300.9.1 General Description
The Employee Assistance Program is a confidential referral service for help in dealing with many kinds of personal problems that an employee may have. This programis an effective mannerto deal with employee issuesthat, while affecting employee performance, are beyond the scope of management’s control. The services provided include counseling, crisis intervention, training and consultation.
300.9.2 Eligibility
Regular, full time employees and part time employees who regularly work twenty (20) hours per week or more are eligible for this benefit. Part time employees who work less than twenty (20) hours per week and temporary and retired employees are not eligible for this benefit.
300.9.3 Benefit
The Town provides an Employee Assistance Program through Magellan Behavioral Health, Inc. (Magellan). The program offers assessment, counseling, 24‐hour crisis intervention, child/elder care services, legal and financial resources, management consultation, supervisor training and employee workshops.
300.9.4 Method of Administration
The cost of the Employee Assistance Plan is paid by the Town. Employees may confidentially use the services of Magellan without prior approval of a Town supervisor or City Manager.
300.10 UNIFORMS AND SAFETY GEAR
Town employees who work in the field may be provided uniforms and safety gear necessary to protect the employee’s well ‐being and establish a consistent Town image.
The City Manager shall determine which employee classifications are eligible for this benefit and what type of uniform or safety gear is appropriate.
The Town’s annual budget includes a line item for this benefit and purchases must be authorized by the employee’s department head, under the general guidance of the City Manager. Uniforms and safety gear are replaced as deemed necessary by the department head.
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Classification and Compensation Plan
92117
The Town shall provide safety footwear at a cost not to exceed $250 for City Hall staff and $350 for Maintenance Crews, which shall apply on an annual basis, on July 1st of each new fiscal year. The Town will provide employees with a list of approved vendors and footwear, and will be billed directly by the vendor for payment. Any cost exceeding the above authorized amount will be borne by the employee.
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
94 SECTION 400
OTHER BENEFITS
400.1 DEFERRED COMPENSATION
400.1.1 General Description
Town employees are eligible to participate in approved deferred compensation plans through payroll deductions. These deductions are forwarded to the appropriate institution by the Town at the time that each payroll is issued. 400.1.2 Eligibility
Regular, full‐time employees and part‐time employees who regularly work twenty (20) hours per week or more are eligible for this benefit. Part‐time employees who work less than twenty (20) hours per week and temporary and retired employees are not eligible for this benefit.
400.1.3 Benefit
The two companies company that are is approved by the Town to administer this benefit are the Hartford Insurance Group andis the ICMA Retirement Trust Corporation. Deferred compensation is self‐funded with no contribution from the Town unless otherwise stipulated by contract. Employees who elect to participate have an amount deducted from each paycheck deposited directly into their deferred compensation account. The amount of the maximumannual contribution is determined by federalFederal and stateState regulations. 400.1.4 Method of Administration
Deferred compensation transactions are handled as payroll deductions.
Deductions from an employee’s gross pay are deposited in the appropriate account and are itemized on the employee’s check stub. Taxable income at year end is based on an employee’s post‐deduction gross pay. Federal and stateState income taxes are not calculated or withheld on amounts deposited in employee deferred compensation accounts, as they are deferred until withdrawals from the accounts begin (usually upon retirement).
401(a) Plan‐Defined Contribution
The Town will contribute up to 4% of the employee’s annual salary with a cap of the PEPRA salary maximum and based on the employee enrolled in the 457 Plan (flexible deferred compensation plan).
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Classification and Compensation Plan
11 Town of Los Altos Hills
Classification and Compensation Plan
94 400.2 CREDIT UNION
All Town employees are eligible to become members of the Santa Clara County Employee's Credit Union. The advantages of the programs offered to member employees are typical of credit union membership, at no cost to the Town.
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Classification and Compensation Plan
95120
400.3 AUTOMOBILE ALLOWANCE
400.3.1 General Description`
The automobile allowance providesreimbursementforthemaintenance and use of a management employee’s personal vehicle for Town business. This benefit is in lieu of a Town provided vehicle.
400.3.2 Eligibility
All management employees as defined by Section 5.2 are eligible for this benefit.
400.3.3 Benefit
Management employees will receive a monthly allowance of two hundred fifty dollars and zero cents ($250.00) per calendar month as compensation for the use of their personal vehicle while conducting Town business. The City Manager’s automobile allowance is set by contract.
400.3.4 Method of Administration
This benefit is paid each pay period worked during the calendar year at the rate of two hundred fifty dollars and zero cents ($250.00) per calendar month. 400.4 PARKS & RECREATION PROGRAM REGISTRATION FEES
The Town’s non‐resident surcharge for parks and recreation programs shall be waived for employees and their dependents. If the program reaches capacity, a non‐resident employee or dependent will be required to pay the non‐resident surcharge. 400.5 TUITION REIMBURSEMENT
With the advance written approval of the City Manager and upon satisfactory completion with a grade “B” or “3.00” or better, the Town shall reimburse an eligible, permanent employee for the cost of tuition (on a course‐by‐course basis) for courses having a strong nexus to the employee’sservice to the Town and taken at a college, university, or technical school. Reimbursements are limited to $1,500 per fiscal year.`.
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121
SECTION 500
RETIREMENT
500.1 PENSION – TIER I
500.1.1 General Description
The Town’s retirement program provides employees with benefitsthrough their retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’ compensation during their tenure.
500.1.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more hired prior to August 31, 2011 are members of the California Public Employees Retirement System (CalPERS) and included in Tier I. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules.
500.1.3 Benefit
The Town contributes an employer share of retirement contribution based on the gross salary for each eligible employee, and also pays the employee’s share of the retirement contribution.. The employee’s share is equal to 7% of their yearly gross salary. No deduction and is madededucted from anthe employee’s earnings on a pre‐tax basis for this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system.
The Town’s contract with CalPERS providesservice retirement benefits under the “2% at 55” formula. The formula uses a multiplier of x %, times the number of years of service, to determine retirement benefits at a given age. For example, under the 2% at 55 formula, a retiree with 10 years of service retiring at age 55 would receive an annual retirement benefit of 20% of his/hertheir final (adjusted) annual salary. The earliest retirement date is age 50, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 55 plan.
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Classification and Compensation Plan
12 Town of Los Altos Hills
Classification and Compensation Plan
98 2% @ 55
Retirement
Age
Percent
Per Year
X
50 1.426
51 1.522
52 1.628
2% @ 55
Retirement
Age
Percent
Per Year
53 1.742
54 1.866
55 2.000
56 2.052
57 2.104
58 2.156
59 2.210
60 2.262
61 2.314
62 2.366
63 and over 2.418
500.1.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each payroll cycle. CalPERS keeps detailed records of each employees account and sends annual statementsto all employees at the end of the fiscal year. Once an employee retires, CalPERS administers the retirement benefit to the former employee. CalPERS offers many retirement planning workshopsthroughout the year to assist employees with retirement planning decisions. Details regarding the accrual and disbursement of retirement benefits can be discussed directly with a CalPERS representative.
500.2 PENSION – TIER II
500.2.1 General Description
The Town’s retirement program provides employees with benefitsthrough their retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’
Town of Los Altos Hills
Classification and Compensation Plan
12 Town of Los Altos Hills
Classification and Compensation Plan
98 compensation during their tenure.
500.2.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more hired after August 31, 2011are2011 are members of the California Public Employees Retirement System (CalPERS) and included in Tier II. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules.
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Classification and Compensation Plan
99 500.2.3 Benefit
The Town contributes an employer share of retirement contribution based on the grosssalary for each eligible employee. The employee’sshare is equal to 7% of their yearly gross salary and is deducted from the employee’s earnings on a pre‐tax basis for this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system.
The Town’s contract with CalPERS providesservice retirement benefits under the “2% at 60” formula. The formula uses a multiplier of x %, times the number of years of service, to determine retirement benefits at a given age. For example, under the 2% at 60 formula, a retiree with 10 years of service retiring at age 60 would receive an annual retirement benefit of 20% of his/hertheir final (adjusted) annual salary. The earliest retirement date is age 50, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 60 plan.
2% @ 60
Retirement
Age
Percent
Per Year
X
50 1.092
51 1.156
52 1.224
53 1.296
54 1.376
55 1.460
56 1.552
57 1.650
58 1.758
59 1.874
60 2.000
61 2.134
62 2.272
63 and over 2.418
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500.2.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each payroll cycle. CalPERS keeps detailed records of each employeesemployee’s account and sends annual statements to all employees at the end of the fiscal year. Once an employee retires, CalPERS administers the retirement benefit to the former employee. CalPERS offers many retirement planning workshops throughout the year to assist employees with retirement planning decisions.
Details regarding the accrual and disbursement of retirement benefits can be discussed directly with a CalPERS representative.
500.3 PENSION – TIER III
500.3.1 General Description
The Town’s retirement program provides employees with benefitsthrough their retirement years in an amount which is based upon years of service, age of employee at the beginning of their retirement and the three highest years’ compensation during their tenure.
500.3.2 Eligibility
All regular, full‐time and part‐time employees who work twenty (20) hours per week or more joined California Public Employees Retirement System (CalPERS) prior to January 1, 2013 who, on or after January 1, 2013 is hired by a different CALPERS employer following a break in service of more than six months; or a new hire who joined on or after January 1, 2013 and who has no prior membership in another California public retirement system; or a new hire who joins CalPERS for the first time on or after January 1, 2013, and who was a member of another California public retirement system prior to that date, but who is notsubject to reciprocity upon joining CalPERS. In order to be eligible any such employee must meet all applicable CalPERS eligibility rules. 500.3.3 Benefit
The Town contributes an employer share of retirement contribution based on the grosssalary for each eligible employee. The employee’s contribution rate will be at least fifty (50) percent of the total normal cost rate of their defined benefit plan of their yearly gross salary and is deducted from the employee’s earnings on a pre‐tax basisfor this retirement benefit. Employees of the Town eligible for this benefit do not pay into the Social Security system.
Town of Los Altos Hills
Classification and Compensation Plan
12 Town of Los Altos Hills
Classification and Compensation Plan
10 The Town’s contract with CalPERS providesservice retirement benefits under the “2% at 62” formula. The formula uses a multiplier of x %, times the number of years of service, to determine retirement benefits at a given age. For example, under the 2% at 62 formula, a retiree with 10 years of service retiring at age 62 would receive an annual retirement benefit of 20% of their final (adjusted) annual salary. The earliest retirement date is age 52, with at least 5 years of service. The table below shows the “benefit factor”, or multiplier for the 2% at 62 plan.
2% @ 62
Retirement
Age
Percent
Per Year
X
50 0.842
51 0.917
52 1.000
53 1.100
54 1.200
55 1.300
56 1.400
57 1.500
58 1.600
59 1.700
60 1.800
61 1.900
62 2.000
63 2.100
64 2.200
65 2.300
66 2.400
67 or older 2.500
500.3500.4 RETIREE MEDICAL REIMBURSEMENT
500.3.1500.4.1 Town Retirees and Employees Receiving Town Medical Benefits as of October 11, 2007
Employees of the Town who were employed by the Town and receiving Town medical benefits as of October 11, 2007 are eligible for this benefit upon retirement from the Town. Additionally, retirees of the Town as of October 11, 2007 are eligible for this benefit. These eligible retirees shall receive contributions through their retirement years towards medical benefits in an
Town of Los Altos Hills
Classification and Compensation Plan
12 Town of Los Altos Hills
Classification and Compensation Plan
10 amount that is equal to what active employees receive in the cafeteria plan. An individual must also qualify as a CalPERS annuitant in order to receive this benefit. Anyone who was not a Town retiree or employed by the Town and receiving Town medical benefits as of October 11, 2007, will not receive this benefit.
500.3.2500.4.2 Retirees That Were Not Employed by the Town and Receiving Town Medical Benefits Before October 12, 2007.
Any Town employee hired or first receiving medical benefits on or after October 12, 2007 shall only be eligible to potentially receive a retireemedical contribution equal to the PEMHCA minimum health contribution amount described in Section
3.2. Retirees will be required to qualify as CalPERS annuitants and meet all statutory and legal requirements necessary to receive such a benefit.
1. Retiree Health for the Tier 2 employees hired after October 11, 2007, until the age 65 years of age with the following qualifiers:
Employee must work with the Town for at least 5 years and must retire from the Town. The benefit will be effective at age 60 at Kaiser Employee only subscriber rate. The vesting schedule (see below) would be implemented based on CalPERS service and would determine the Town’s contribution towards the retiree’s health premium.
10 years 50%
11‐12 years 60%
13‐14 years 70%
15‐17 years 85%
18‐20 years 90%
20 + years 100%
500.3.3500.4.3 Method of Reimbursement
The Town shall reimburse retirees the amount deducted from their monthly pension provided by CalPERS up to the maximum retiree medical contribution they are entitled to receive pursuant to this section.
Town of Los Altos Hills
Classification and Compensation Plan
10 500.3.4500.4.4 Method of Administration
The Town will issue reimbursements to eligible retirees onin the first business daymonth of January and July ‐ following January 1 and July 1 of each year an estimated six month premium deduction from the retiree’s pension. If the estimate is less than the actual deduction, the Town will reimburse the retiree the difference upon receipt of written request for reimbursement from the retiree. If the estimate is more than the actual deduction, the Town will deduct the overpayment from the next scheduled reimbursement. All correspondence from the retiree to the Town shall be addressed:
City Manager
Town of Los Altos Hills 26379 Fremont Road
Los Altos Hills, CA 94022
– o0O0o –
End of Employee Handbook
5430431.1
5438994.1
Town of Los Altos Hills
WHEREAS, Los Altos Mountain View Community Foundation, Fremont Bank, County of Santa Clara Supervisor Joe Simitian, Los Altos United Methodist Church, St. Nicholas and St. William Catholic Parish, The Church of Jesus Christ of Latter-Day Saints, St. Timothy’s Episcopal Church, and the Pacifica Institute have joined together to sponsor Compassion Week 2023; and WHEREAS, the vision of Compassion Week is to build a strong, compassionate, and empathetic community by creating service and learning opportunities for volunteers to expand their understanding of local and global needs; and
WHEREAS, the purpose of Compassion Week is to build community, bridge divides, promote understanding and healing through acts of social justice; and, WHEREAS, all members of the Los Altos Hills community, regardless of age, ability, or skills are invited to contribute their talents and energy to participate in Compassion Week projects and activities and help make Los Altos Hills a more caring and just community; and, NOW THEREFORE, I, Linda Swan, Mayor of the Town of Los Altos Hills, and on behalf of the entire Los Altos Hills City Council, do declare the week of October 7 through October 15, 2023 as:
“COMPASSION WEEK 2023”
We encourage all residents to unite together in service to our community through participation in Compassion Week activities. We acknowledge and appreciate the sponsors of Compassion Week for their efforts to bring community members together in service to others, and offer thanks to every volunteer whose efforts strengthen our Town and improve the lives of our neighbors.
DATED: September 21, 2023
BY: ________________________
Linda G. Swan, Mayor
ATTEST: ________________________
Deborah Padovan, City Clerk
roclamation
AGENDA ITEM #4.Q
AGENDA ITEM #4.R
4. CONSENT CALENDAR
R. Authorize the Mayor or City Manager to Enter into the Joint Powers Agency Agreement for Cities Association of Santa Clara County (Staff: P. Pirnejad) A Staff Report will be posted on or before Wednesday, September 20, 2023.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
DATE: September 21, 2023
TO: Honorable Mayor and Councilmembers
FROM: Cody Einfalt, Interim Assistant to the City Manager APPROVED: Peter Pirnejad, City Manager
RE: Scheduling a Sacramento Legislative Action Day in Early 2024 The Town initially entered into a contract with Gonsalves & Son on February 17, 2023 for state lobbying services relating to legislative and regulatory issues that pertain to all facets of business and operations of the Town of Los Altos Hills departments. That agreement expired on August 31, 2024.
The Town budgeted for a continuation of services from Gonsalves & Son through the end of Fiscal Year 2023-24, and thus renewed its contract at the beginning of September 2023.
As a part of Gonsalves & Son’s legislative work plan for the current fiscal year, a legislative action day in Sacramento has been proposed for the City Council to visit the State’s capital.
Attachment 1 to this memo is a draft agenda for a full day of meetings with the Town’s representatives in the legislature. This proposed visit is suggested to take place in early 2024.
Staff is looking for Council direction on whether Councilmembers would like to participate in such a trip.
ATTACHMENTS:
1. Proposal from Gonsalves & Son for Legislative Action Day AGENDA ITEM #5.A
TO: PETER PIRNEJAD, CITY MANAGER
FROM: ANTHONY, JASON AND PAUL GONSALVES
SUBJECT: PROPOSED LEGISALTIVE ACTION DAY
DATE: AUGUST 30, 2023
Per our conversation our firm recommends you and your Town Council consider scheduling a “Sacramento Legislative Action Day” in early 2024. The thought is our firm will schedule a series of meetings with the Governor’s office, pertinent State agencies and your State Legislators to provide a recap of your housing element adoption, the ongoing challenges pertaining to implementation, infrastructure, etc. and any other pressing issues.
Should this be of interest to you and your Town Council, we would propose the following timeline/agenda:
Date TBD: First Quarter 2024
10:00 a.m. Meeting: Assemblymember Marc Berman
Location: Swing Space Office
11:00 a.m. Meeting: Senator Josh Becker
Location: Swing Space Office
11:30 a.m. Meeting: Sasha Kergan, Deputy Secretary of Housing + Myles White, Assistant Secretary of Legislation, BCSH
Location: 500 Capitol Mall, Suite 1850
12:00 p.m. Lunch: TBD
Location:
1:30 p.m. Meeting: James Hacker, Governor’s Deputy Legislative Secretary, Housing/Transportation
Location: Swing Space
2:00 p.m. Meeting: Additional agency meeting if necessary 2:30 p.m. Meeting: Additional agency meeting if necessary
TOWN OF LOS ALTOS HILLS September 21, 2023
Staff Report to the City Council
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A WAIVER OF
APPLICABLE APPLICATION PROCESSING FEES FOR PLANNING
PERMITS REVIEW FOR FACILITIES PROPOSED BY LOS ALTOS HILLS
COMMUNITY FIBER
FROM: Cody Einfalt, Interim Assistant to the City Manager APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should either:
Adopt the attached resolution (Attachment 1) approving a waiver of applicable application processing fees for Planning and potential appeal fees specifically applied for by Los Altos Hill Community Fiber for the review and issuance of a Conditional Use Permit Application(s) and the potential appeal to the City Council if necessary.
- Or -
Direct Los Altos Hills Community Fiber to pay all applicable application processing fees for their facilities under future review.
BACKGROUND
The Town recently received information from the community regarding the development of community-based fiber optic networks that have become an alternative option for residents looking to install internet service for their homes.
Due to the scale and limited resources of these local community networks, alternate forms of data transmission, other than underground fiber-optic conduit system, may be used to allow the network to expand to non-contiguous neighborhoods. Such alternative solutions may include above ground, point-to-point wireless transmission facilities that could be utilized for a limited time period until it is economically feasible to construct the underground fiber network.
An example of a community network within the Town is the Los Altos Hills Community Fiber (“LAHCF”), a non-profit community organization. LAHCF exists for the purposes of creating and deploying an affordable, high speed fiber optic Internet network for the Los Altos Hills community through a subscription approach.
DISCUSSION
LAHCF has deployed or proposes to deploy small-scale, above ground, point-to-point wireless telecommunications facilities prior to deploying underground fiber network. These wireless AGENDA ITEM #5.B
Staff Report to City Council Page 2
LAHCF Fee Waiver
September 21, 2023
facilities are subject to the Town’s current Wireless Telecommunications Facilities Ordinance and would require LAHCF to apply for, and the Town to review and issue, Planning and/or Building Permits including but not limited to a Conditional Use Permit(s).
As part of its operation as a non-profit community organization, LAHCF has submitted a request to the Town to waive all applicable planning application processing fees for these required permits which include CUP and potential appeals submitted by LAHCF. The City Council has the discretion to waive application processing fees required by the Town for particular proposals creating a public benefit for the Town and constituting a public purpose.
The City Council should direct staff to either require or waive the application fees to support the expansion of internet access, digital connectivity, and the development of affordable, high-speed fiber broadband network within the Town.
ENVIRONMENTAL REVIEW:
The proposed fee waiver for LAHCF 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:
Approving of a fee waiver for LAHCF was not identified in the 2023 City Council Work Plan.
FISCAL IMPACT:
There is no direct financial burden of approving the fee waiver for LAHCF.
Any financial impact to the Town would result in the cost of staff time for having to review and process applications, route the projects through the Planning Commission and City Council, and conduct on-site inspections of the facilities.
ATTACHMENTS
1. Proposed Resolution
Resolution CC __-23 Page 1
RESOLUTION CC __-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A WAIVER OF APPLICABLE APPLICATION PROCESSING FEES FOR
PLANNING PERMITS REVIEW FOR FACILITIES PROPOSED BY LOS ALTOS
HILLS COMMUNITY FIBER
WHEREAS, the Town recently received information from its technology consultants and residents regarding the development of “community-based fiber optic networks” that have become an alternative option to deploy wireless telecommunication facilities and instead focus on the installation of a fiber optic network; and
WHEREAS, a community-based fiber optic network typically proposes to connect to and utilize the existing primary fiber optic infrastructure installed by the major cellular providers or to construct their own conduits in the rights of way through application of encroachment permits with the Town in order to deploy fiber optic facilities; and WHEREAS, due to the scale and limited resources of these local community networks, alternate forms of data transmission, other than underground fiber-optic conduit system, may be used to allow the network to expand to non-contiguous neighborhoods to add subscribers and provide funding for the eventual installation of underground fiber in the entire area served by the community network system. Such alternative solutions may include above ground, point-to-point wireless transmission facilities that could be utilized for a limited time period until it is economically feasible to construct the underground fiber network; and WHEREAS, an example of such community network within the Town is the Los Altos Hills Community Fiber (“LAHCF”), a non-profit community organization and mutual benefit corporation created under the laws of California, for the purposes of creating and deploying an affordable, high speed fiber optic Internet network for the Los Altos Hills community through a subscription approach; and
WHEREAS, LAHCF has deployed or proposes to deploy small-scale, above ground, point-to-point wireless telecommunications facilities prior to deploying underground fiber network, which deployment is subject to the Town’s Wireless Telecommunications Facilities Ordinance and would require LAHCF to apply for, and the Town to review and issue, Planning and/or Building Permits including but not limited to a Conditional Use Permit; and WHEREAS, as part of its operation as a non-profit community organization to expand internet and broadband connectivity and due to its resources limitation, LAHCF has submitted a request to the Town to waive applicable Planning application processing fees required by the Town to process and review Planning Permits to reduce the cost of applying for permits and the organization’s ability to apply for and deploy its wireless telecommunications facilities; and WHEREAS, LAHCF’s operation as a non-profit and mutual benefit corporation under California law and its proposal to deploy small-scale wireless telecommunications facilities in order to achieve its fiber-optic network construction goals have the effect of expanding Internet Attachment 1
Resolution CC __-23 Page 2
access, increase connectivity, and ultimately creating an affordable and high speed fiber network in the Town, thereby creating a public benefit for the Los Altos Hills community; and WHEREAS, the City Council desires to support the expansion of internet access, digital connectivity, and the development of affordable, high-speed fiber broadband network within the Town; and
WHEREAS, the City Council has the discretion to waive application processing fees required by the Town to process and review Planning Permits for particular proposals creating a public benefit for the Town and constituting a public purpose; and WHEREAS, the City Council considered LAHCF’s fee waiver request during a public meeting on September 21, 2023, at which time all interested parties were provided an opportunity to be heard; and
WHEREAS, based on the foregoing and the record presented before it, the City Council desires to provide a fee waiver to LAHCF of applicable Planning application processing fees for Town Planning and/or any potential appeals submitted by LAHCF for applications to deploy LAHCF wireless telecommunication facilities and serving the public purpose of connectivity/broadband expansion as described in this Resolution.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills RESOLVES THAT:
1. The above Recitals are true, correct, and a part of this Resolution.
2. Action on a requested waiver for application processing fees is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15063(b)(3) as it can be seen with certainty that there is no possibility that such action may have a significant effect on the environment as no projects are being approved thereunder.
3. Based on the foregoing facts and the record presented before it, the City Council approves a fee waiver for applicable Planning application processing fees for Planning Permit reviews and potential appeals to the City Council as required by the Town for facilities proposed by LAHCF for future permit applications for the deployment and installation of its wireless telecommunications facilities and equipment.
4. The fee waiver granted by this Resolution shall be limited to applicable application processing fees required by the Town for the review of applications for small-scale, above ground, point-to-point wireless telecommunications facilities submitted by LAHCF as described in this Resolution. This fee waiver does not relieve LAHCF from paying applicable state and federal governmental or regulatory fees that are applicable to its wireless telecommunications facilities and equipment. In addition, this Resolution does not constitute an approval of any specific project or a grant of any Planning entitlements or appeals and does not relieve LAHCF from complying with other applicable requirements under those permit application processes.
Resolution CC __-23 Page 3
5. The City Manager or the City Manager’s designee, is authorized to take such other actions necessary to carry out the intent of this Resolution that does not further materially or substantially increase the Town’s obligations.
6. This Resolution takes effect immediately upon its adoption.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21st day of September 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By: __________________________
Linda Swan, Mayor
ATTEST:
__________________________________
Deborah L. Padovan
City Clerk
TOWN OF LOS ALTOS HILLS September 21, 2023
Staff Report to the City Council
SUBJECT: DISCUSSION AND POSSIBLE ACTION TO RESCHEDULE THE
DECEMBER REGULAR CITY COUNCIL MEETING
FROM: Deborah Padovan, City Clerk
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Review the City Council meeting schedule for the month of December and potentially cancel the regular meeting and schedule a special meeting as deemed appropriate.
BACKGROUND:
As we approach the holiday season, we recognize that scheduling conflicts may arise for both Councilmembers and members of the public. The regular meeting for December is currently set for December 21, just four days before Christmas.
To ensure that everyone's participation and engagement are maximized, the Council may wish to consider the possibility of canceling the regular meeting and instead scheduling a special meeting within the month of December.
To facilitate this discussion and make an informed decision, attached is a calendar for the month of December. We request that you review your availability during this period and share your input regarding an alternative meeting date.
DISCUSSION:
In accordance with the City Council's instructions, the City Clerk will promptly post and publish the necessary notice.
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
The report is for transparency and was not specified in the City Council’s 2023 work plan.
AGENDA ITEM #5.C
December City Council Meeting Staff Report
September 21, 2023
Page Two
2 FISCAL IMPACT:
There is no fiscal impact in rescheduling the December City Council meeting.
ATTACHMENT
1. Calendar for December
December 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
3 4
FIC
4:00 pm
___________
Senior
4:00 pm
5 EPRC
6:00 pm
6 7
Planning
Commission
7:00 pm
8 9
10 11 12
EDPC
5:30 pm
13 OSC
9:00 am
_____________
Technology
5:00 pm
_____________
Silicon Valley
Clean Energy
7:00 pm
14 15 16
17 18 19
History
3:30 pm
___________
LAHC Fire
District
7:00 pm
20 21
City Council
Meeting
6:00 pm
22 23
24 25
Christmas Day
26 CRC
7:00 pm
27 28
EIC
6:30 pm
29 30
31 Town Hall Closed –
Christmas
Attachment 1
TOWN OF LOS ALTOS HILLS September 21, 2023
Staff Report to the City Council
SUBJECT: ORDINANCE AMENDING TITLE 2, CHAPTER 1, ARTICLE 2, SECTION 2-
1.201 “COUNCILMEMBER SALARIES”
FROM: Peter Pirnejad, City Manager and Steve Mattas, City Attorney RECOMMENDATION: That the City Council:
Waive reading and introduce a proposed ordinance amending Title 2, Chapter 1 “City Council”, Article 2, Section 2-1.201” Councilmember salaries”
BACKGROUND:
California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city. The compensation schedule set forth under Government Code Section 36516(a)(1) has not been adjusted since 1984. On June 29, 2023, the Legislature passed SB329 in order to address the issue of stagnant compensation for city council members in general law cities such as the Town. The bill also aims to support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families. SB-329 amended the compensation schedule set forth under Section 36516(a)(2) to allow councilmember salaries for cities up to and including 35,000 in population, to be up to and including nine hundred and fifty dollars ($950) per month.
SB-329 also amended Section 36516(a)(4) to allow for a city council to increase the salary of council members beyond the amounts provided for in subparagraph (a)(2), but not to exceed the greater of either: (1) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary, or (2) an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index, not to exceed ten percent (10%) per calendar year.
Finally, SB-329 added subparagraphs (g)(1)-(3) to section 36516, which requires the city council to consider the adoption of an ordinance to increase council member compensation during at least two (2) regular city council meetings. The ordinance must be proposed at the first regular city council meeting and then adopted at second regular meeting.
Government Code Section 36516.5 provides that “[a] change in compensation does not apply to a council[person] during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase AGENDA ITEM #5.D
2 by virtue of his beginning a new term of office. Thus, any salary change approved will be effective at the commencement of next councilmember term in December 2024.
DISCUSSION:
The current Town Municipal Code section 2-1.201, most recently amended in July 2017 set the Council monthly salary at $300 per month. The Town ordinance section 2-1.201 currently reads as follows:
Each member of the City Council shall receive, as salary, three hundred dollars ($300.00) per month.
Staff now recommends that ordinance section 2-1.201 be amended to read as follows:
Each member of the City Council shall receive, as salary, nine hundred fifty dollars ($950.00) per month.
This proposed amendment to the Council salary is consistent with maximum monthly compensation amount set forth in California Government Code Section 36516. The Council may select an amount less than $950 per month.
Amounts paid by the Town to reimburse a council member for actual and necessary expenses pursuant to Government Code Section 36514.5 are not included for purposes of determining salary. FISCAL IMPACT
There is minor fiscal impact associated with this recommendation. The estimated cost is $3,250 per month once the new salary takes effect in December 2024.
ATTACHMENTS
1. Draft Ordinance amending Section 2-1.201 “Councilmember Salaries”
Ordinance XXX Page 1
ORDINANCE XXX
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 2-1.201 OF TITLE 2, CHAPTER 1, ARTICLE 2 OF THE MUNICIPAL CODE, “COUNCILMEMBER SALARIES”
WHEREAS, the City Council finds that California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city; and WHEREAS, the compensation schedule set forth under Government Code Section 36516(a)(1) has not been adjusted since 1984; and
WHEREAS, Town Municipal Code section 2-1.201 which sets City Councilmember salaries was last amended in 2017 to set the salary for each member of the City Council at three hundred dollars ($300.00) per month, consistent with Government Code Section 36516 as amended in 2010; and
WHEREAS, on June 29, 2023, the California Legislature passed SB-329, which amended Government Code Section 36516 to increase the maximum amounts of salary that can be approved by city ordinance in order to account for inflation and support diversity in city councils; and
WHEREAS, Government Code Section 36516(a)(2)(A) as amended in 2023 now provides that councilmember salaries for cities up to and including 35,000 in population, may be up to and including nine hundred fifty dollars ($950) per month; and WHEREAS, according to the most recent U.S. Census data, as of July 1, 2022 the population estimate for the Town is 8,168; and
WHEREAS, the Town finds that adjusting councilmember salaries would account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service.
NOW, THEREFORE, The City Council of the Town of Los Altos Hills does ORDAIN as follows:
Section 1. AMENDMENTS
Section 2-1.201 (“COUNCILMEMBER SALARIES”) of Title 2, Chapter 1 of the Los Altos Hills Municipal Code is hereby amended to read as follows:
2-1.201 Councilmember salaries.
Each member of the City Council shall receive, as salary, nine hundred fifty dollars ($950.00) per month.
Attachment 1
Ordinance XXX Page 2
Section 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.
Section 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY: _________________________
Mayor Linda G. Swan
ATTEST:
_________________________
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
_________________________
Steve Mattas, City Attorney
1 TOWN OF LOS ALTOS HILLS September 21, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT
PAYMENT TO THE SANTA CLARA COUNTY OFFICE OF THE SHERIFF
FOR ADDITIONAL LAW ENFORCEMENT SERVICES RECEIVED
DURING FY 22-23 TOTALING $432,877 AND APPROPRIATING FUNDS
FROM THE UNRESERVED GENERAL FUND FOR LAW
ENFORCEMENT SERVICES
FROM: Cody Einfalt, Interim Assistant to the City Manager APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution (Attachment 1) authorizing the City Manager to submit payment to the Santa Clara County Office of the Sheriff for additional law enforcement services received during FY 22-23 totaling $432,877 and appropriating funds from the unreserved general fund for law enforcement services.
BACKGROUND:
On July 1, 2014, the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services (Attachment 2). The term of the agreement was set for ten (10) years and will expire on July 1, 2024. The contract with the Sheriff is scalable, in the sense that supplemental law enforcement resources can be made available to the Town upon request, or through a determination made in real time by the Office of the Sheriff in response to an in-progress emergency.
On April 15, 2021, in response to an uptick of crime in Town, the City Council authorized the City Manager to execute an agreement with Flock Safety for up to 40 Automatic License Plate Reader (ALPR) cameras in Town (Attachment 3). The cameras began to be installed in November of 2021.
The annual cost of services provided by Flock is $100,000. This amount only includes the use and ongoing maintenance for the cameras. The actual use of the cameras and detective work is conducted by the Santa Clara County Office of the Sheriff who uses the system as a tool in their law enforcement services. These service hours are billed through the Sheriff’s contact.
DISCUSSION:
Every year as the Town begins planning for the upcoming budget cycle, the Office of the Sheriff calculates the anticipated hours needed and the corresponding expense for the upcoming year. The Sheriff then communicates this expense to Town staff to include in the budget. Based on the information provided to the Town, the Council approved a budget of $2,238,516 for law enforcement services with the Sheriff’s Office for FY 2022-23 (Attachment 4).
AGENDA ITEM #5.E
Staff Report to City Council Page 2
Additional Law Enforcement Invoice
September 21, 2023
Once the fiscal year is complete, the Office of the Sheriff then conducts a reconciliation of the law enforcement services actually dispensed to the Town. This entails counting the hours and expenses in five different categories that were used. The categories include:
- General Law Enforcement Services
o This includes patrol staff hours, as well as the hours spent by deputies from neighboring jurisdictions in the event that back-up is called. - Supplemental Traffic Services
o This includes the hours spent deputies surveying traffic in Town. - Investigative Services
o This includes the hours spent on detective work as well as research conducted through the Town’s ALPR system
- Supplemental Reserves Services
o This includes the hours of extra help that is planned ahead of time, for example attendance at a Town event.
- Operating Costs of West Valley Substation
o This includes rent, supplies, utilities, etc.
In most years, the Town does not end up using all of the anticipated law enforcement hours allocated for 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.
However, the reconciliation of the services provided for the last two fiscal years show that the Town used more than what was anticipated. This resulted in the Town receiving an invoice for $432,887 for services provided in FY 2022-23 (Attachment 5).
For context, the table below shows the past 12 years of reconciliation for the Town.
REFUND
(BILL) LAH
FY2023 (432,877)
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
Staff Report to City Council Page 3
Additional Law Enforcement Invoice
September 21, 2023
FY 2012 86,296
According to Captain Valenzuela of the Office of the Sheriff, there are several reasons why additional law enforcement services were needed in the Town during FY 2022-23, however most can be explained by two reasons: an increase of crime in Los Altos Hills, and the continued use of the ALPR system to research those crimes.
Increase of Crime in Town
Similar to 2022, in the first few months of 2023, the Town of Los Altos Hills experienced an uptick in residential burglaries. Below is an excerpt taken from the July 2023 Monthly Sheriff’s Report showing a comparison of residential burglaries for the two previous years (Attachment 6).
This uptick is due to the fact that criminal behavior is changing, and these criminals are focusing on affluent communities throughout the State of California. These criminals have found new ways to break into houses without property owners being aware.
Earlier this year in February 2023, the Town experienced 11 residential burglaries in a month. In response the City Council called a special city council meeting to discuss the situation and hear recommendations from staff on what actions could be taken to reduce the high crime rate.
The following motions were passed at that meeting. Full meeting minutes can be seen in Attachment 7:
MOTION MADE AND SECONDED: Vice Mayor Mok moved to have the Council appropriate $150,000 from unrestricted reserves to the General Fund in order for the City Manager to elicit competitive bids and execute a contract not to exceed $150,000 for private security. The motion was seconded by Councilmember Tankha
MOTION MADE AND SECONDED: Councilmember Tankha moved to approve the City Manager to authorize to provide for and arrange for an additional 40 hours a week of detective time under the existing contract with an understanding that would be an overspend that would be paid to the Sheriff’s office on their normal payment schedule. The Sheriff’s office will periodically share reports on their findings. The motion was seconded by Vice Mayor Mok
MOTION MADE AND SECONDED: Councilmember Tankha moved to authorize the subcommittee to work with staff and our consultant to send out postcards educating our residents about what they can do to secure their homes in the short term and to undertake the Community Outreach/Education Campaign (“Atherton Model”) described in the presentation. The City Manager will return to Council
Staff Report to City Council Page 4
Additional Law Enforcement Invoice
September 21, 2023
with any contracts associated with this that are beyond his signing authority. The motion was seconded by Vice Mayor Mok
MOTION MADE AND SECONDED: Councilmember Schmidt moved that the Council add an additional Sheriff’s deputy when the contract with the Santa Clara County Sheriff Department is renegotiated. The motion was seconded by Councilmember Tyson
Coming from these motions, the Office of the Sheriff began increasing the number of overtime deputies patrolling the Town and providing additional detective hours in response to the burglaries.
Using the ALPR System
In response to the uptick in crime, the City Council approved of adding ALPR cameras in Town.
The system is used by the Office of the Sheriff as a tool to protect and investigate residents from these criminal acts. However, this system comes with an additive cost.
The ALPR system is used in two ways by the Sheriff. First, the system provides real-time notifications when a car of interest enters the Town. Cars of interest include stolen vehicles, missing persons, or anything else identified on DMV “hot-lists”. When a deputy receives these notifications they first investigate the vehicles to confirm the information that has been provided by Flock. With 40 cameras in the Town, notifications are continuously being sent to deputies in the field, resulting in hours spent and billed to the Town.
Second, the system can be used after a crime has occurred for investigative services. For example, this includes researching pictures taken by the cameras near and around a home that was recently burglarized to find leads in the investigation. This task also accumulates hours spent by the Office of the Sheriff and billed to the Town.
The added cost of these two reasons have resulted in the Town receiving more law enforcement services than was initially anticipated for FY 2022-23. The outstanding invoice from the Office of the Sheriff is $432,887.
ENVIRONMENTAL REVIEW:
The proposed plan for supplemental law enforcement services is exempt from California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA.
2023 CITY COUNCIL WORK PLAN:
The law enforcement services received through this additional invoice from the Office of the Sheriff has helped the Council in meeting its goal of maintaining a high level of public safety in Town.
Staff Report to City Council Page 5
Additional Law Enforcement Invoice
September 21, 2023
FISCAL IMPACT:
Attachment 5 is an invoice from the Office of the Sheriff for a due amount of $432,887.
This amount is over the City Manager’s signing authority and requires City Council approval to pay the invoice.
Funds are available within the unreserved general fund to cover the services received from the Sheriff in FY 2022-23.
ATTACHMENTS:
1. Resolution
2. 2014 Sheriff’s Contract
3. Resolution 20-21 – Approving of the Town’s ALPR System
4. Resolution 65-22 – Approving of the FY 2021-22 Operating budget
5. Additional Invoice for Law Enforcement Services during FY 2021-22
6. July 2023 Monthly Sheriff’s Report
7. February 28, 2023, City Council Meeting Minutes
Resolution __ -22 Page 1
RESOLUTION __ -23
RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT PAYMENT TO
THE SANTA CLARA COUNTY OFFICE OF THE SHERIFF FOR ADDITIONAL LAW ENFORCEMENT SERVICES RECEIVED DURING FY 22-23 TOTALING $432,877
AND APPROPRIATING FUNDS FROM THE UNRESERVED GENERAL FUND FOR
LAW ENFORCEMENT SERVICES
WHEREAS, on July 1, 2014 the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services; and WHEREAS, in the first few months of 2023, the Town of Los Altos Hills has experienced an uptick in residential burglaries as compared to previous years; and WHEREAS, in response to an uptick of crime in Town, the City Council authorized the City Manager to execute an agreement with Flock Safety for up to 40 Automatic License Plate Reader (ALPR) cameras in Town; and
WHEREAS, at the end of each fiscal year, the Office of the Sheriff conducts a reconciliation of the law enforcement services dispensed to the Town ; and WHEREAS, in most years, the Town does not end up using all of the anticipated law enforcement hours allocated for each fiscal year and is issued a check from the Office of the Sheriff for the amount that is left over. However, the reconciliation of the services provided in FY 2022-23 shows that the Town used more than what was anticipated. This resulted in the Town receiving an invoice for $432,877; and
WHEREAS, the increase in law enforcement service in the Town during FY 2022-23 can be explained by the increase of crime in Los Altos Hills, the use of the ALPR system to research those crimes, and the use of overtime deputies in the field.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby authorizing the City Manager to submit payment to the Santa Clara County Office of the Sheriff for additional law enforcement services received during FY 22-23 totaling $432,877 from the FY 22-23 unreserved general fund.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 21st of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
Resolution __ -22 Page 2
By:
Linda Swan, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as " County," and the Town of Los Altos Hills, hereinafter referred to as Town."
WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, Town is primarily responsible for providing law enforcement services within Town limits and is desirous of contracting with the County for the rendition of such services; and
WHEREAS, County and Town desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore;
NOW, THEREFORE, the parties hereto agree as follow:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the corporate limits of Town, County shall provide police protection through its Sheriff's Office as may be required by Town and as within the capability of the Sheriff to provide. Services to be performed under this section ( A)( 1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached.
2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff.
3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section ( A)( 1), the Sheriff or his/her designee shall meet with the representative( s) of Town to review the manner ofperformance of such services.
B. Supplemental Services
1. Within the corporate limits of Town, County shall, through its Sheriffs Office, provide supplemental services as requested by the Town. The cost of such services shall be at the rate set forth in Exhibit A. Services to be 7 Z --4D3 DMUCCATH 0RXQ10L JUN 2 4 20%1.
Attachment 2
performed under this section ( 13)( 1) shall be provided exclusively within the Town limits of Town except in an emergency. These services may include, if requested by Town, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide.
2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of Town.
3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the Town prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty ( 60) days written notice by either party. Town may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services.
4. Regional assets shall provide services to Town on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol.
C. Supplemental Reserve Services
These services are provided by reserve sheriff' s deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by Town and approved by the Sheriff' s Office.
D. Plan for Service
1. Prior to March 1" of each contract year, Town shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. IfTown fails to request a specific level of service of the coming fiscal year not less than thirty ( 30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thirty (30) days.
2. Prior to March 15th of each contract year, Town and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year.
E. Assignment and Transfer Policy
Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to Town for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.
Special Assignment personnel ( e. g. SRO) shall be assigned to Town for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.
F. Designation of Chief of Police
If Town shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits Town from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 ofthe California Government Code ( sections 36501, et seq.). However, this shall not affect the authority ofthe Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement.
G. Disaster Contingency Plan
In the event of a major disaster that necessitates the activation of an Emergency Operations Center in Town, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager).
2. Initial response by a Deputy Sheriffmay be the nearest patrol unit or able bodied officer available.
3. A pre -designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities.
4. The pre -designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services.
5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by Town.
6. In the event a major disaster occurs, the Sheriff' s Office shall provide support as required to comply with the Town' s emergency operations cost recovery efforts.
H. Booking and Processing Services
County shall provide booking and processing services to those arrested persons within the Corporate limits ofTown, and who are brought to the County jail for booking or detention.
I. Communication Services
The County shall, through its Communication Department, provide for emergency communication services in support ofthe Sheriff' s Office and Town' s operations. Services will include 24 hour per day 9- 1- 1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures.
II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
1. The Town shall compensate the County utilizing the Fiscal Year 2014/ 2015 base rate established for general law enforcement and county communications ( hereinafter " law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation ( exclusive of PERS) provided to all patrol deputies of the Sheriff' s Office as set forth in a calculation formula agreed and attached hereto as " Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPI/W) for the San Francisco -Oakland -San Jose region hereinafter " CPI/ W") plus 2%, whichever is less. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the life of the agreement. In addition, the Town agrees to
compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.
2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, Town or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. Town or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Town does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. Town is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the Town.
3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/ W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify Town of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPVW plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement.
4. County shall specify to Town, not less than ninety ( 90) days prior to the start of Town's fiscal year, the new projected budget annual contract amount.
a. Town shall compensate County at the primary rate, for the Activity" and " Patrol" time expended in the Town. Additionally, County shall charge Town for meal periods, "beat preparation" time and " securing from beat" time at the rate often percent ( 10%) of the above referenced hours.
b. " Activity" and " Patrol" times are identified through the County Patrol Activity Network Analysis ( COPANA) and Patrol Activity
Report (PAR). A listing of items and their designations as Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software
applications may be updated or exchanged for newer software applications during the life of the agreement.
B. Supplemental/ Reserve Service
Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five 5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle.
C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the cost oftwo Reserve Deputy Sheriffs with patrol vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator' s time.
2. Town shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1. Town and County shall share the costs of renting and operating the West Valley Division Substation as follows:
a. The Town' s share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2. 5% each year commencing November 8, 2015 and Town shall be
responsible for its share of this base rent increase. Town shall be responsible for any increase in operating expenses and real estate
taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs ( other than insurance, taxes and utilities) shall be capped at 5%. These operating costs maybe adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.
The Town's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year.
b. Town shall pay to County monthly that portion of the substation operating costs attributable to Town. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C. I. a., shall be mutually agreed to by the parties to this agreement.
C. For the purposes of this provision of the Agreement ( 1) " Operating Costs" are defined as the cost ofrent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation.
d. Pro rata share to Town for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement.
D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved County of Santa Clara Ordinance No. NS - 300.470.
E. Method of payment for all Services
Compensation for all services shall be paid by Town to County in the following manner:
1. The Town shall pay to County an amount equal to one -twelfth ofthe annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year.
2. Adjustment to the law enforcement annual projected budget -amount shall be performed every year of the contract as follows:
a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by Town to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services.
3. Payments, or any portion thereof, not made by Town to County within thirty (30) days ofthe due date shall accrue interest at the rate of ten percent( 10%) per annum until paid. Interest so accrued shall be payable to county on the last day ofthe month in which it accrued.
4. By September 30 following the end of each ofthe contract reconciliation years, County shall provide to Town the COPANA report for the entire contract years. If the amount actually paid by Town to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to Town the amount of such excess by October 1 following the end ofthe contract year.
Within twenty-one ( 2 1) days ofreceipt of such final COPANA report, Town shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by Town for such services. For purposes of calculating the final amount due to County from Town, Town' s credit for the amount actually paid by Town shall not include any interest paid by Town due to late monthly payments.
III. REPORTS
A. Monthly Reports
County shall provide to Town on a monthly basis report( s) on the incidence of crime within Town. Said report( s) shall differentiate between " law enforcement services" and supplemental services," and shall be in a format as agreed upon between County and Town.
1. County shall provide such month end reports to Town within thirty (30) days ofthe last day of that month.
2. By September 30 following the end of the contract year, County shall provide to Town the COPANA report for the entire contract year.
3. Special additional reports requested by Town may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the Town, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance ofthe duties and obligations ofthe County and its employees set forth in this agreement.
B. The Town shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations ofthe Town and its employees set forth in this agreement.
C. This mutual indemnification agreement is adopted pursuant to Government code section 895. 4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895. 6.
V. INSURANCE AND LIABILITY
County and Town shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement.
VI. TERM OF AGREEMENT
This agreement shall become effective on 7/ 1/ 14, and may be terminated without cause by County or Town upon the giving of one -hundred and eighty ( 180) days written notice of such termination to the other party. In the absence of such notice oftermination, this agreement shall be effective for a term of one hundred and twenty ( 120) months until 7/ 1/ 24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If Town elects to terminate this Agreement prior to the expiration of the ten- year term, the Town shall nonetheless pay the full amount ofits pro - rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation.
At the expiration of this ten ( 10) year contract, this contract can be renewed for an additional five (5) year period upon written notice ofrenewal by Town and the County to the other parties at least one hundred eighty ( 180) days prior to the expiration of this contract.
The 2004 Law Enforcement Contract between the parties and any extension thereof is terminated upon the effective date of this Agreement.
This agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one document.
COUNTY OF SANTA CLARA
Date: JUN 2 4 2014
Signed and certified that a copy ofthis
Document has been delivered by electronic
Or other means to the President, Board of
Supervisors.
By:.
VVnsserman; President " "..........
Board of Supervisors
Atte : Dated: JUN 2 4 2014
RegadaClerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Ch 1 Stevens, Deputy County Counsel ( Date)
Date: June 19, 2014
AS TO FORM AND LEGALITY:
Steven Mattas, City J
Dated: June 19, 2014
TOWN OF LOS ALTOS HILLS
r
By:
Carl Cahill, City Manager
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
LOS ALTOS
RATES CUPERTINO HILLS SARATOGA
GENERAL LAW ENFORCEMENT
Proposed Hours - Activity
Proposed Hours - Patrol
Total Hours
Proj Costs FY 2014- 2015 @ $ 164. 90
TRAFFIC ENFORCEMENT - DAYS:
Proposed Hours
Proj Costs FY 2014- 2015 @ $ 162. 43
Cupertino @ $ 162. 45
TRAFFIC ENFORCEMENT - NIGHTS:
Proposed Hours
UNINCORP.
38, 248. 0 5, 421. 0 20, 060. 0 14, 696. 0
6, 307, 095 $ 893, 923 $ 3, 307, 894 $ 2, 423, 370
7, 200. 0 43. 0 4, 195. 4 0. 0
6, 984 $ 681, 451 $ 0
1, 169, 640
0. 0 0. 0 0. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 166. 04 $ 0 $ 0 $ 0
Cupertino @ $ 166. 06 $ 0
INVESTIGATIVE HOURS:
Proposed Hours 7, 200. 0 600. 0 2, 400. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 159. 02 $ 1, 144, 944 $ 95, 412 $ 381, 648 $ 0
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
RATES CUPERTINO
RESERVES ACTIVITY HOURS:
Proposed Hours 1, 650. 0
Proj Costs FY 2014- 2015 @ $ 48. 70
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Proj Hours FY 2014- 2015
89, 863
Percentage
Proj Costs July 2014 - Oct 2014
Proj Costs Nov 2014 - Jun 2015
Total Proj Costs of Substation
SUBTOTAL COSTS:
Proj Costs FY 2014- 2015
PROJECTED SPECIAL SERVICES
LOS ALTOS UNINCORP.
HILLS SARATOGA CITIES
22. 0 340. 0 0. 0
80, 355 $ 1, 071 $ 16, 558 $ 0
45, 448 5, 464 24, 255 14, 696
50. 5748% 6. 0804%
@ $ 418, 614 yr $ 70, 571 $ 8, 484
@ $ 418, 614 yr $ 141, 142 $ 16, 969
418, 614 $ 211, 713 $ 25, 453 $ 112, 989 $ 68, 459
26. 9911% 16. 3538%
37, 663 $ 22, 820
75, 326 $ 45, 639
8, 913, 747 $ 1, 022, 843 $ 4, 500, 540 $ 2, 491, 829
Projected Hours FY 2014- 2015 1, 815. 5 0 0 0
Cupertino Traffic Sergeant 189, 351 0 0 0
Saratoga School Resource Officer 0 0 100, 000 0
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2014- 2015 @ $ 136. 23 395, 721 0 0 0
1 SRO @ 85% and 1 SRO @ 75%)
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Projected Costs FY 2014- 2015 $ 9, 498, 819 $ 1, 022, 843 $ 4, 600, 540 $ 2, 491, 829 CAPPED COSTS 2014- 2015
Proj Costs Capped @ 4. 6% ( CPI+ 2%) Increase $ 9, 840, 602 $ 1, 060, 170 $ 4, 753, 605 $ 0 AMOUNTS BELOW CAP OF 4. 6% ($ 341, 783) ($ 37, 327) ($ 153, 065) $ 0
Law Enforcement Contract
Exhibit B
Compensation for Services
To calculate the annual projected budget increase to this contract, the following shall apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation ( salary and benefits) at top step for a 40 -hour patrol deputy.
2. At the subsequent July 1, the new total compensation amount ( exclusive of PERS) will be divided by the total compensation effective on the prior July 1 ( exclusive of PERS), to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 2014/ 2015:
Base Year 2014/ 2015 costs = costs as shown in Exhibit A to this Agreement.
Fiscal Years 2015/ 2016 through 2024/ 2025:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers ( CPI/ W) plus 2% ( For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year.)
Plus
Percentage Change ( Increase/ Decrease) in Actual County PERS Costs
RESOLUTION 20- 21
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO AN AGREEMENT WITH FLOCK SAFETY FOR UP TO FORTY (40) AUTOMATIC LICENSE PLATE READER (ALPR) CAMERAS NOT TO EXCEED $ 120, 000 ANNUALLY AND APPROPRIATE $ 120, 000 FROM THE UNRESERVED GENERAL FUND IN FISCAL YEAR 2020- 2021 FOR ALPR EXPENSES WHEREAS, Automatic License Plate Reader ( ALPR) cameras are used by police departments across the United States to instantly capture license information and compare it against lists of license plates associated with stolen vehicles, people that have committed a crime, and for other investigative purposes; and
WHEREAS, the Town of Los Altos Hills (" Town") desires to install ALPRs in certain public locations in the community for law enforcement purposes; and WHEREAS, at its meeting on March 18, 2021, the Los Altos Hills City Council adopted an ALPR policy governing the usage, privacy protections, and other implementation parameters for ALPRs in the Town consistent with California Civil Code section 1798. 90. 5; and WHEREAS, the City Council directed Town staff to explore options for purchasing ALPR cameras and related service technologies in order to deploy and utilize ALPRs in Los Altos Hills; and
WHEREAS, Town staff contacted several companies in the marketplace that offer ALPR technology to review pricing options for cameras and related ALPR software and services, and solicited quotes from three ( 3) vendors for the installation, use, and ongoing maintenance of the cameras; and
WHEREAS, of these three vendors, staff recommends selecting Flock Safety (" Flock") as the Town' s ALPR vendor based on its competitive pricing, trial period benefit, and subscription style service which allows the Town flexibility in renewing or terminating service; and WHEREAS, Flock and the Town have negotiated a service agreement, attached hereto as Exhibit A, for ALPR camera system and software services, for up to forty ( 40) ALPR cameras for an initial term of twelve ( 12) months ( including a 60 -day pilot program period with free cancellation) and an initial amount of One Hundred and Ten Thousand Dollars ($ 110, 000), to implement the Town' s ALPR program; and
WHEREAS, the service agreement would also have an automatic renewal term of twenty-four 24) months with annual subscription cost of $100, 00 and annual price increases capped at ten percent ( 10%), but with 30 -day termination option; and WHEREAS, staff requests an appropriation from the unreserved general fund in fiscal year 2020- 2021 for the expenditures relating to implementing the ALPR program and cover necessary costs in addition to the stated Flock contract price.
Resolution 20- 21 Page 1
Attachment 3
NOW THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby approves an agreement with Flock for ALPR hardware and software services for an initial term of twelve ( 12) months with automatic 24 -month renewals, and an initial amount of One Hundred and Ten Thousand Dollars ($ 110, 000) and annual subscription cost of $ 100, 000 with annual price increases capped at 10%, attached hereto and incorporated herein as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement on behalf of the Town in substantially the same form as Exhibit A, and is authorized to make any revisions, amendments or modifications deemed necessary to carry out the intent of this Resolution that does not substantially increase the Town' s obligations, subject to final approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Council approves an appropriation of One Hundred and Twenty Thousand Dollars ($ 120, 000) from the unreserved general fund in fiscal year 2020- 2021 for the expenditures relating to implementing the ALPR program.
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 15th day of April 2021 by the following vote:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Deborah Padovan, City Cleric
BY: A" 6 1'`'' ~
Resolution 20- 21
Kavita Tankha, Mayor
RESOLUTION 65- 22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS ADOPTING THE FY 2022- 23
APPROPRIATION LIMIT AND
THE FY 2022- 23 BUDGET
WHEREAS, the City Council of the Town of Los Altos Hills has received and completed its review of the proposed FY 2022- 23 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 FY 2022- 23.
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 is hereby approved; and II. The Operating and Capital Budget as shown in the Attachment 1 budget document is hereby approved; and
A. The amount of the FY 2022- 23 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 by 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 if those 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 FY 2022- 23 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 that are errors or inconsistencies without increasing overall appropriations within the same funding 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 revenues received and expenditures made.
H. A copy of the adopted budget, signed by the Mayor and attended to by the City Cleric, shall be kept on file with the City Cleric of the Town of Los Altos Hills, as the official budget of the Town of Los Altos Hills for the FY 2022- 23; Resolution 65- 22 Page 1
Attachment 4
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 June 2022 by the following vote:
AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
ABSENT: None
BY:
eorge Tys , MajVr
ATTEST:
Deborah Padovan, City Clerk
Resolution 65- 22 Page 2
Attachment 1
FISCAL YEAR 2022- 23
Calculation of Appropriations Limits
The Town is required by the State Constitution, Article XIIIB ( Proposition 4) to annually calculate the maximum amount of appropriations subject to limitation. The calculation is intended to limit the annual growth in tax revenues used to fund governmental expenditures in California. Article XIIIB was changed with the passage of Proposition 111 on the June 1990 ballot. These changes permit greater flexibility with regard to annually calculating increases in the appropriations limit (Gann Limit) by allowing additional growth factors to be used. The factors permitting the maximum allowable increase in the appropriations limit are chosen for the calculation each fiscal year.
As can be seen below, the Town is substantially under its appropriations limit. The difference between the appropriations limit and the appropriations subject to limitation has grown over time as the limit has been substantially increased by the annual adjustment factors. This, combines with the comparatively slower pace of growth in proceeds of taxes over the same time period, has contributed to the amount under the appropriations limit.
Fiscal Year 2022- 23 Limit
2022 Change in Town of Los Altos Hills Population
2022- 23 Change in California Per Capita Personal Income Fiscal Year 2022- 23 Limit
Fiscal Year 2022- 23 Budget Amount Subject to Limitation Amount Under Appropriation Limit
8, 207, 143
99. 80%
7. 60%
8, 812, 095
5, 818, 101
2, 993, 994
Resolution 65- 22 Page 3
Attachment 1
Attachment 1 is the Adopted Budget, on file in the City Clerk' s office, and available upon request.
Resolution 65- 22 Page 3
Fiscal Year 2023 Law Enforcement Services ‐ Town of Los Altos Hills Year‐end Reconciliation
Service Type
FY2023
Budget July August September October November December January February March April May June Total Amount
Over/(Under)
Budget
Hours 5,421 664 677 718 781 663 647 598 534 669 647 581 599 7,778 2,357 Amount $1,423,880 $174,473 $177,791 $188,486 $205,017 $174,193 $169,908 $157,190 $140,197 $175,792 $169,855 $152,635 $157,354 $2,042,890 $619,010 Supplemental Traffic Services
Hours 1,860 28 47 36 28 84 28 12 27 22 11 38 19 379 (1,481) Amount $483,507 $7,289 $12,147 $9,252 $7,259 $21,967 $7,268 $3,055 $7,008 $5,742 $2,969 $9,816 $4,810 $98,582 ($384,925) Investigative ServicesHours 600 66 45 97 85 81 53 35 43 76 139 126 36 883 283 Amount $149,196 $16,474 $11,148 $24,037 $21,219 $20,141 $13,220 $8,765 $10,692 $18,981 $34,564 $31,393 $8,952 $219,588 $70,392 Supplemental Reserves ServicesHours 22 ‐ ‐ ‐ 2 ‐ 1 ‐ ‐ 2 ‐ ‐ 2 6 (16)Amount $1,452 $0 $0 $0 $105 $88 $0 $132 $0 $0 $99 $0 $0 $424 ($1,029) OvertimeAmount $145,000 12,207 11,904 10,794 10,335 13,958 ‐ 7,999 7,096 35,630 21,451 70,735 74,967 $277,075 $132,075 Operating Costs of West ValleySubstation $35,449 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $2,954 $35,449 $0Total Hours 7,903 759 768 850 895 830 728 647 604 768 799 745 654 9,046 1,143 Total Amount $2,238,484 $213,397 $215,944 $235,523 $246,889 $233,302 $201,349 $172,097 $167,946 $239,099 $231,891 $267,532 $249,037 $2,674,007 $303,448 Amount Paid by Los Altos Hills $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $186,540 $2,238,484 Amount Due to/(from) Los Altos Hills ($26,857) ($29,404) ($48,983) ($60,348) ($46,762) ($14,808) $14,444 $18,594 ($52,559) ($45,351) ($80,992) ($62,496) ($435,523)Vehicle Release $2,646Total Amount Due to/(from) Los Altos Hills ($432,877) Actual Costs
General Law Enforment ServicesTraffic Enforcement Vehicle/Motocycle Attachment 5
Town of Los Altos Hills
July 2023
Statistical Data and
Public Safety Report
Office of the Sheriff
County of Santa Clara
Attachment 6
Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 5.30 1 9 6.30 2 9 9.12 1 9 6.91 4 9 2 10.86 44 14 10.16 33 14 10.38 50 14 11.31 51 14 11.65 62 14 12.66 62 14 10.73 55 14 9.76 51 14 11.17 60 14 11.57 75 14 11.73 73 14 11.12 80 14 11.09 696 14 3 17.15 74 25 14.46 44 25 15.43 58 25 14.13 56 25 11.25 56 25 15.10 55 25 11.95 55 25 15.58 60 25 14.36 46 25 18.43 38 25 15.45 25 25 18.74 22 25 15.17 589 25 Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 8.01 4 9 6.28 1 9 0.00 0 9 0.00 0 9 6.68 1 9 10.67 3 9 4.12 4 9 4.08 2 9 10.30 3 9 7.93 2 9 6.61 3 9 0.00 0 9 7.19 23 9 2 10.27 59 14 12.96 92 14 11.63 100 14 11.55 81 14 10.72 96 14 9.30 102 14 9.46 81 14 8.76 92 14 10.51 79 14 8.43 93 14 8.22 72 14 9.24 95 14 10.09 1042 14 3 17.73 41 25 16.43 47 25 9.58 37 25 11.97 28 25 10.33 34 25 11.87 57 25 10.97 51 25 8.73 46 25 7.18 42 25 12.52 61 25 14.52 36 25 10.95 38 25 11.90 518 25 Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 10.73 1 9 6.75 1 9 8.08 3 9 0.00 0 9 0.00 0 9 6.14 2 9 12.98 1 9 9 9 9 9 9 8.94 8 9 2 11.49 95 14 10.26 76 14 10.90 127 14 9.39 96 14 10.82 85 14 10.36 123 14 10.29 128 14 14 14 14 14 14 10.50 730 14 3 15.19 32 25 18.35 41 25 8.21 23 25 10.15 38 25 17.25 44 25 11.42 38 25 11.99 63 25 25 25 25 25 25 13.22 279 25 Target
Time
April September October November Avg
Time
December Total
Calls
May June July August
Priority
January February March
Los Altos Hills 2023
March April May June July August September October Target Time
Avg
Time
Total
Calls
December Avg
Time
Total
Calls
November
December Target
Time
Los Altos Hills 2022
Priority
January February
April May July August September
Response Times for Los Altos Hills
2021 - 2023
Los Altos Hills 2021
Priority
January February March June October November
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0000000000000
2023
10100002
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
800010201442 22
2022
563004544866 51
2023
2 1146463 36
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0000000010001
2023
00000000
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0010100020004
2022
0001000000001
2023
00000000
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
111120120110 11
2022
1100000101004
2023
01100114
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1000000000102
2022
0000001000001
2023
00000101
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1102102000018
2022
112004115000 15
2023
21000115
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
202001410221 15
2022
512014101203 20
2023
2211141 12
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000010110003
2022
0100020010015
2023
00000112
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000100001
2022
0010010000002
2023
00000011
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1001010100015
2022
0100000000001
2023
10000001
Identity Theft
Forgery
Fraud
4700 4702
Vandalism 5940 5941
Sex Crimes
2610 2615
2880 2885
2890 2895
Domestic
Violence 2430 2730
Simple &
Aggravated
Assaults
2400 2401
2402 2403
2404 2405
Burglary,
Commercial 4591 4592
Burglary,
Vehicle 4593
Auto Theft 4703
Grand Theft 4870
Burglary,
Residential 4590
Robbery 2110 2115
Town of Los Altos Hills
Public Safety Report Page 1
Selected Crimes
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021 18
43433 1390561 69
2022
35665 128267 160 76
2023
16 13 13932 47
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
816 2203 16 281 1562 108
2022
2342062664 210 56
2023
1631223 18
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021 64 124 60 52 40 19 24 35 12 24
67 467
2022 12
71969635 10 185 91
2023
8 20 19 31 185 10 111
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1000001001003
2022
0100000002003
2023
00010001
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
101212200110 11
2022
211112240130 18
2023
00202015
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
234235205201 29
2022
441610100314 25
2023
3314354 23
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0010000002003
2023
00000000
Other
Citations
8310 8315 8320
8325 8330 8335
Accidents,
DUI
8050 8055 8060
Accidents,
Injury
8000 8005 8030
8035
Accidents,
Property
Damage
8010 8015 8020
8025 8040 8045
DUIs 8500 8505 8510
Speeding
Citations 8305
Town of Los Altos Hills
Public Safety Report Page 2
Traffic Related Activity
Moving
Violations 8300
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
Injury (8000, 8005) 0 0 2 0 2 0 1 5
Property Damage (8010) 2 3 0 3 3 4 3 18
Accident, No Details (8015) 0 0 0 0 0 0 0 0
Bike / Pedestrian (8020, 8025) 1 0 1 0 0 1 0 3
Hit & Run - Injury (8030, 8035) 0 0 0 0 0 0 0 0
Hit & Run - Property Damage (8040) 0 0 0 1 0 0 1 2
Hit & Run - No Details (8045) 0 0 0 0 0 0 0 0
DUI - Injury (8050, 8055) 0 0 0 0 0 0 0 0
DUI - Property Damage (8060) 0 0 0 0 0 0 0 0
TOTAL ACCIDENTS 3 3 3 4 5 5 5 0 0 0 0 0 28
4.0 25
West Valley Patrol Accidents
Los Altos Hills
July 2023
3 3
4 5 5 5
0 0 0 0 0
0 1
2 3
4 5
6 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1 City Council Special Meeting Minutes
February 28, 2023
Town of Los Altos Hills
City Council Special Meeting Minutes
Tuesday February 28, 2023
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Present: Mayor Linda Swan, Vice Mayor Stanley Q. Mok, Councilmember Lisa Schmidt, Councilmember George Tyson, Councilmember Kavita Tankha
Absent:
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Administrative Services Director Sarina Revillar, Management Analyst II Cody Einfalt CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
Mayor Swan called the meeting to order at 6:05 p.m.
1. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
2. NEW BUSINESS
A. Discussion and Potential City Council Action and Direction to Staff in Response to Residential Burglaries
Council Member Tankha explained that at the February 16, 2023, Regular City Council Meeting, an ad hoc subcommittee of the Council on town safety was formed.
The subcommittee members are Council Members Tankha and Tyson. That subcommittee met yesterday, and in light of the fact that there have been four more residential burglaries since the February 16th City Council Meeting, decided to call a Special City Council Meeting for today.
At the last meeting, Council directed the Sheriff to add two deputies to the evening shift, 5:00 p.m. and 12:00 a.m., which is when most burglaries have taken place. The Sheriff’s Office has not been able to fill these openings consistently. Deputies looking for additional hours may sign-up for these shifts, but it is not mandatory, so the Sheriff cannot guarantee that these two additional shifts will be filled each day.
The purpose of today’s meeting is to explore options for keeping the town safer and reducing burglaries, and to receive direction for next steps.
Attachment 7
2 City Council Special Meeting Minutes
February 28, 2023
Council Member Tyson suggested that the presentation by the City Manager and consultant be heard next.
City Manager Peter Pirnejad and Consultant Bryan Uhler shared a presentation entitled “Burglaries: Preliminary Response Concepts/Options.” City Manager Pirnejad gave an overview of Mr. Uhler’s experience and expertise and described the work and outreach that has been done since the subcommittee meeting.
Actions taken by the Town of Atherton which resulted in a reduction from 45 residential burglaries in one year to 16 in the next were reviewed. Short-, mid- and long-range options based on the Atherton Model were presented.
Council discussion ensued.
Public Comment
Helen Lin-Murphy, Los Altos Hills, asked if staff could look into improving response times and finding ways to influence the Sheriffs priorities.
Dru Anderson, Los Altos Hills, suggested looking over various programs in town and using key pieces such as keeping properties clear 5 feet from the house like the Firewise guidelines to minimize hiding locations.
Courtenay C. Corrigan, Los Altos Hills, expressed that forming private neighborhood watch programs works if one has an organized neighborhood or the funds to hire private patrol. She was in favor of adding a detective due to the unique burglaries occurring.
Jim Waschura, Los Altos Hills, wanted to hear the Council’s opinion on the idea of a Public Safety Committee.
Homi Fatemi, Los Altos Hills, wants to look into State and Federal resources such as a detective to limit criminal activity.
Gary Patou, Los Altos Hills, said we need more law enforcement staff present and is in support of private patrol but believes it is the town’s responsibility.
Carol Gottlieb, Los Altos Hills, proposed that preventing parking on the pathways may reduce criminals’ ability to blend in.
Dorit Perry, Los Altos Hills, asked if burglaries occurred in vacant homes. She said that town should focus on response times. The Sheriff should focus on suspicious behavior and activities rather than traffic violations. She is in favor of hiring private security.
3 City Council Special Meeting Minutes
February 28, 2023
Shelley Osuch, Los Altos Hills, said that cameras in Carmel capture driver, car, and model and would like to see such advances in town. She was wondering if black out car tints were illegal and if the Sheriff could pull over cars with dark tints to deter criminal activity. Lastly, she mentioned notifying neighbors when burglaries occur is important to keep residents informed.
John M., Los Altos Hills, is in favor of a messaging system for residents. He believes the town needs about 6 deputies.
Rajiv Bhateja, Los Altos Hills, shared a presentation on ALPR. He is in favor of private patrol and having a private patrol car driving around town will be a deterrent.
He proposed deploying decoy police cars that move from one place to another. He said that only 10 out of 51 burglaries in 2022 were investigated, which is less than 20%. He emphasized the need to find ways to better utilize ALPR system. He believes that we need a Public Safety Committee. He spoke to the CEO of Flock in hopes of scheduling training for deputies.
Kjell Karlsson, Los Altos Hills, said he is in favor of a Public Safety Committee. He recommended the town hire deputies based on three overtime hours rather than one full-time deputy so that their hours reflect the times we need them. Shifts of full-time deputy cannot be adjusted due to their union contract.
Jim Cruz, Los Altos Hills, is a victim of a burglary. He spoke regarding the Sheriff Department’s handling of the burglary. He said that he remembered seeing motorcycle officers with rifles and believes that made a statement and were effective.
Captain Neil Valenzuela, Santa Clara County Sheriff Department, responded that the contracted response times are as follows: Priority one (ex: alarms) response time set for 9 minutes; Priority two (ex: identity theft, regular call for service) set for 14 minutes; and Priority three (ex: cold theft, parking complaint) set for 25 minutes.
City Manager Pirnejad explained where to find Sheriff reports in City Manager’s Weekly report. The report includes every call made by the Sheriff deputies. He stated that the contract with the Sheriff Departments is on an hourly basis rather than shift basis. The Town of Los Altos Hills gets allocated a certain number of hours. Hours are assigned based on needs. Response times aren’t measured from when the call is made. He recommended having the ALPR discussion at a future Council meeting.
MOTION MADE AND SECONDED: Vice Mayor Mok moved to have the Council appropriate $150,000 from unrestricted reserves to the General Fund in order for the City Manager to elicit competitive bids and execute a contract not to exceed $150,000 for private security. The motion was seconded by Councilmember Tankha.
MOTION PASSED 3-2:
AYES: Swan, Mok, Tankha
NOES: Schmidt, Tyson
4 City Council Special Meeting Minutes
February 28, 2023
ABSTAIN: None
RECUSE: None
ABSENT: None
MOTION MADE AND SECONDED: Councilmember Tankha moved to approve the City Manager to authorize to provide for and arrange for an additional 40 hours a week of detective time under the existing contract with an understanding that would be an overspend that would be paid to the Sheriff’s office on their normal payment schedule. The Sheriff’s office will periodically share reports on their findings. The motion was seconded by Vice Mayor Mok.
MOTION PASSED 5-0:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
MOTION MADE AND SECONDED: Councilmember Tankha moved to authorize the subcommittee to work with staff and our consultant to send out postcards educating our residents about what they can do to secure their homes in the short term and to undertake the Community Outreach/Education Campaign (“Atherton Model”) described in the presentation. The City Manager will return to Council with any contracts associated with this that are beyond his signing authority. The motion was seconded by Vice Mayor Mok.
MOTION PASSED 5-0:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
MOTION MADE AND SECONDED: Councilmember Schmidt moved that the Council add an additional Sheriff’s deputy when the contract with the Santa Clara County Sheriff Department is renegotiated. The motion was seconded by Councilmember Tyson.
MOTION PASSED 5-0:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
5 City Council Special Meeting Minutes
February 28, 2023
3. ADJOURN
The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the February 28, 2023, special City Council meeting were approved as presented at the March 16, 2023, regular City Council meeting.
1 TOWN OF LOS ALTOS HILLS September 21, 2023
Staff Report to the City Council
SUBJECT: UPDATE ON RESIDENTIAL BURGLARY EFFORTS INCLUDING A THIRD PARTY REVIEW OF THE TOWN’S ALPR SYSTEM, PUBLIC
AWARENESS CAMPAIGN EFFORTS, AND AN OVERVIEW OF
GENESIS PRIVATE SECURITY WITH FUTURE
OPTIONS/CONSIDERATIONS
FROM: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Receive report and presentation and provide staff direction on the three items discussed in the report below:
• The Town’s expiring contract with Gensis Private Security • The Town’s ALPR system
• Usage of Sheriff’s Office overtime in Town
BACKGROUND:
In 2022, residential burglaries had spiked to 51 cases despite the Town’s considerable investment in Automated License Plate Reader (ALPR) technology in 2021. To address the issue, the City Council called a special meeting on February 28, 2023 (Attachment 1). After receiving a report, the Council considered a variety of options to address the urgent issues.
Ultimately, the City Council approved:
• Adding patrol deputies to the normally assigned allotment • Adding private security on a temporary basis at a maximum amount of $150k • Developing options to maximize Automated License Plate Reader (ALPR) effectiveness • Bolstering public outreach and education
Patrol Deputies and Detectives:
Initially, we learned that overall staffing concerns within the Santa Clara Sheriffs’ Office (SCSO) negated the ability to add dedicated/assigned deputies. As an alternative, the approved funds were used to add overtime deputies when they are available to patrol Los Altos Hills. Overtime deputies, costing $155/hour, is less than dedicated patrols which costs about $255/hour. The reason for the dedicated patrol costing more is linked to overhead/administrative costs along with the need to hire sworn staff to meet the “dedicated” status. While up to two overtime shifts per day are approved, coverage has typically averaged about 1 1/2 shifts per day. The additional overtime deputies assigned to LAH are in addition to the normal $2.23 million law enforcement budget. As a result of the overtime deputies and the additional investigative hours spent in response to the ALPR “hits”, the Town has spent $432,877 in overtime and added detective duties above and beyond the approved budget (for FY 2022/23). A detailed report about this expenditure can be AGENDA ITEM #5.F
Staff Report on Crime to City Council Page 2
September 28, 2023
found in this (September 28) City Council agenda that describes this overage. This use of overtime patrol deputies has continued through the summer months for FY, 2023/24. This costs about $50K per month (based on last 4 months of FY 2022/23).
Private Security:
After developing a scope of work and circulating a Request for Proposals (RFP), we received 3 responses from the 7 companies which were solicited (Attachment 2). Genesis Security was ultimately selected and started the work with minimal staff on April 19, 2023. By the beginning of May, Genesis had hired all needed staff and assigned two shifts per day (7 days a week).
Understandably, the “human factor” (e.g. sick leave, etc.) has occasionally meant a number of shifts were unstaffed. For the first 10 weeks, mostly due to the “ramp up” period, Genesis provided an average coverage of 12.9 hours of service per day (scheduled for 16 hours per day). In the most recent 42 days (3 invoice cycles), they have achieved an average coverage of 14.5 hours per day of coverage. Based on this “burn rate” a cost projection was completed showing the original funding of $150K will be exhausted near the end of October (Attachment 3).
Public Outreach/Education:
Through a variety of means, staff and the community has raised public awareness. This has included city-wide postcard raising awareness, weekly community reports in the City Manager’s Weekly, two articles about crime circulated to every address in Los Altos Hill in the City Manager’s Quarterly, and even a prominent crime prevention effort at our annual picnic. The City Manager also made a report at every City Council meeting as well as updates at every Coffee with the Sherriff meeting. One of the highlights included an effort, led by Cody Einfalt, to increase the number of Neighborhood Watch Zones. This effort has included active support from both the SCSO and City Council members; and, has led to a 70% increase of Neighborhood Watch Zones (from 10 to 17 zones).
MRG Agreement:
On March 17, 2023, the City Council met and approved expanding the Scope of Work for consulting firm Municipal Resource Group (MRG). The expanded scope, capped at $90K, consisted of four focus areas (Attachment 4):
(1) hiring private security patrol for the Town,
(2) maximizing the value and effectiveness of the ALPR system, (3) ongoing support for community education and outreach, and (4) an assessment of law enforcement services in Los Altos Hills.
As part of the FY 23/24 budget process, funding for MRG work was reduced to $30K. To complete each focus area, staff added involvement from interns to stay within budget.
DISCUSSION:
A presentation covering each of the following topics is being provided:
Staff Report on Crime to City Council Page 3
September 28, 2023
• Latest burglary data for period since January, 2023 (Attachment 1) • Details on the provision of private security prevention-oriented patrol • Update and report on maximizing the value and effectiveness of the ALPR system • Information on the status of community outreach and education • Options and discussion topics for City Council consideration 2023 Burglary Data
For the eight months covering January through August, there have been 41 residential burglaries (Attachment 5). Depicted in the below chart, the trend is generally moving in the right direction but the burglary rate is not low enough.
Altough the number of burglaries is still higher then normal for LAH, the silver lining is that the amount of loss reported to the deputies as stolen has decreased. This trend demonstrates that although burglars are still active, they are oftentimes coming up empty handed as residents have shifted behavior and relocated their valuables to less vulnerable places. It should be noted this positive outcome is linked to resident behavior and not patrolling deputies, ALPRs, or private security.
Another positive trend, having nothing to do with added deputy or security patrols, is burglars being interupted by neighbors. Our expanded public engagement has led to residents taking a more proactive and vigilant stance leading to higher levels of reporting suspicious behavior which in turn has led to faster deputy responses and better interdiction. In fact, looking at our crime data since January through August 2023 we have had a significant increase in the number of suspicious people (64) and vehicle (137) reports to the sherrif. In addition, we have seen a rise in the number of suspitious people attempting to break into homes that were averted due to reports from residents.
Private Security
In the 19 weeks of Genesis service (April 19 through August 31), they have patrolled over 12,000 miles and passed previously burglarized locations over 7,000 times. The deployment model covers 16 hours per day, 7 days a week, from 7 a.m. to 8 p.m. (with an overlap period of 2 security officers covering Town between noon and 3 p.m.). These times, especially during the overlap period, are
Staff Report on Crime to City Council Page 4
September 28, 2023
thought to best match the hours burglars are most likely to be casing—thereby maximizing the “prevention effect” of the uniformed patrols. However, despite the impressive effort as reflected in the data, no known burglary event has been thwarted by security.
Automated License Plate Reader System
As part of the normal budget cycle, funding to maintain all 40 ALPR cameras through the end of FY 2023/24 was approved by Council. A review of the system has identified the Santa Clara County’s policy which procludes data sharing with regional law enforcement agencies as the main reason the ALPR system is not sufficiently effective. In May, the Council and Mayor took action to formally request a county-led review of this issue which is now underway. County officials indicate the item to improve data sharing may go before the Board of Supervisors as early as this fall but no specific date has been scheduled.
It has also come to our attention that the ALPR data is unavailable for general research. Because of the tight restrictions on the use of the ALPR data, the Town is unable to determine which cameras are more (or less) effective. Data to support researching criminal patterns or other information that might help us determine ingress and egress routes of criminals is also unavailable.
The ALPR cameras have not been effective in (1) detering, (2) supporting proactive responses, or (3) leading to actual apprehensions of residential burglars at the time of their crime. While their have been a few events where a license plate alert has led to some enforcement action, as a whole, the system has not delivered significant deterance (through a demonstrated reduction in crime) or proactive burglar arrests as originally contemplated. The greatest benefit of the system is its use in after-the-fact investigations which on one occasion, led to the successful conclusion of 3 burglary cases occuring in June. The cost of the cameras as well as the costs of the detective time to research all the “hits” that come from the camera are not proportionate the the benefit we receive from the system.
Although the Sheriff’s department is considering a change in policy to share ALPR data, we may need to consider downsizing this less-than-ideal system. If eventually downsized, adding back cameras may make sense once a change is approved by the Board of Supervisors and the system’s effectiveness is demonstrated. Short of being able to share the data with other law enforcement agencies throughout the region, the ALPR system will continue to be an ineffective system at prevention or for proactive engagement of criminals. The most effective way to reduce the total camera count might be to start with those cameras that are on interior streets and prioritize those cameras on main arterials into the Town.
Community Outreach
City Council and staff continue to focus maximum efforts on bolstering crime-prevention dilligence and support from the public. The most successful program thus far is the significant expansion of the number of Neighborhood Watch Zones. The program has grown from 10 to 17 groups since the beginning of the year. This program includes community members taking personal responsibility for their households and neighborhoods. Data showing reductions in the amount of loss to burglars points to this program’s success. This can be seen in the weekly sheriff’s reports that are always attached to the City Managers Weekly newsletter on Friday afternoons.
Staff Report on Crime to City Council Page 5
September 28, 2023
Options for Council Discussion and Consideration
Major Los Altos Hill’s anti-crime efforts and their respective costs/focus areas are depicted in the below chart. Without a significant long-range budgeting change, the current spending rate for all of the combined efforts is not sustainable.
Recognizing how property crime places a significant financial burden on our local government and understanding how some well-intentioned initiatives have shown promise while others have fallen short of expectations, it may be time to contemplate how and when incremental adjustments to control costs should be undertaken (NOTE: no change is being suggested for baseline SCSO Dedicated Patrol services or Public Outreach).
SCSO
Dedicated
Patrol
Public
Outreach
ALPR SCSO
Overtime
Security
$255/Hour
$2.23M/Year
(Current Level)
Minimal
Cost
$11/Hour
$100K/Year
$150/Hour
Est.
$600K/Year
(Current level)
$54/Hour
$240K/Year
Essential, Base
Service--
Top Level
Effectiveness
Preparedness,
Public
Awareness and
Prevention
Investigation
Value
Prevention
Focus with
Apprehension
Capacity
Prevention
Focus Only
Item 1—Private Security
Budgeted funds for Genesis Security will be exhausted in October. For Council consideration, provide consensus or direction for staff to bring back an action item to:
1. Take no further action—discontinue private security patrols when funding runs out
2. Keep Genesis Security, but reduce coverage to a single shift of coverage (adds $90K for 8 months
3. Keep Genesis Security as currently deployed (adds $180K for 8 months)
4. Explore possibility of establishing a new agreement with Genesis for security to be deployed “as needed” as determined by the City Manager (e.g. $50K for intermittent deployments for the 8 months between November and June)
5. Other option as determined by Council
Item 2—ALPR System
The ALPR System is funded for FY 23/24 ($100K/Year). For Council consideration, provide consensus or direction for staff to bring back an action item to:
1. Take no action—keep all ALPR cameras in place through this FY
Staff Report on Crime to City Council Page 6
September 28, 2023
2. Develop a program to cut 50% of the cameras at the end of this FY (saves no funds this year, but saves $50K/year in the future)
3. Develop a plan to reduce ALPR cameras by 50% by January, 2024 (saves $25K for this year and $50K for each year thereafter)
4. Provide a process, like Atherton (Attachment 6), for individuals or groups to fund ALPR cameras in their neighborhoods
5. Other option as determined by Council
Item 3—SCSO Overtime
Currently SCSO overtime is funded at $200K for FY 23/24. To address the pressing crime problem (especially during the summer months), overtime deputies have scheduled at a rate exceeding this level of funding. Given the average “burn rate” of about $50K/month, these budgeted funds will be exhausted in October.
While it is preferrable to have the extra SCSO deputies working to provide prevention-oriented patrol and to provide a faster response time, the effort has not yielded crime-in-progress arrests since it began about 6 months ago.
For Council consideration, provide consensus or direction for staff to bring back an action item to:
1. Take no action—reduce overtime deployments to match the remaining budgeted funds for this budget year
2. Add $400K in funding to keep the existing level of overtime SCSO coverage
3. Other option as determined by Council
ENVIRONMENTAL REVIEW:
This report 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:
Considering the urgency with which the City Council directed staff to advance their priorities around public safety, this staff report and presentation are consistent with City Council priorities.
FISCAL IMPACT:
This report and related presentation have no fiscal impacts; however, aspects of the presentation will cover long-term costs and may provide a foundation for future financial decisions.
ATTACHMENTS:
1. Staff Report, February 28, 2023
2. Request for Proposals with Scope of Work
3. Private Security Cost Projection
4. Staff Report, March 16, 2023
Staff Report on Crime to City Council Page
7 September 28, 2023
5. Raw Data—All Burglaries (Jan-Aug, 2023)
6. Town of Atherton ALPR Funding Agreement
Burglaries:
Preliminary Response Concepts/Options
LOS ALTOS HILLS, CITY COUNCIL
MONDAY, FEBRUARY 28, 2023
Attachment 1
Opening
Comments
• Emergency needs
• Balanced against need to assess/analyze
• Some ideas may be good/some not
• Three categories (short, mid, and long-term)
There are no big problems,
there are just a lot of little
problems.
-Henry Ford
Burglary Six Month Comparison (Source: City Protect)
3/1/2022 - 8/31/2022 9/1/2022 - 2/26/2023
Three SemiTransparent Maps
12 in Watch Areas
65 Burglaries in 14 Months
4 Watch Areas with ZERO
Neighborhood Watch
10 Year and month-to-month
burglary data (LAH)
Comparison to Other Communities
City Total
Budget
Law Enf.
Budget
% of
Budget
Staff
Swn/non
Burglaries
(2022)
Per 1000
Atherton (6.9k) $16.5M $9M 55% 21/9 16 2.3
Cupertino (58k) $130M $16.8M 12.9% 85 1.5
Hillsborough (11k) $68.5M $12.7M 18.5% 28/10
Los Altos (30.7k) $49M $22.9M 46.7% 26/21 67 2.2
Portola Valley (4.2k) $11.9M $1.5M 12.6% 2.5* 5 1.2
Saratoga (30.1k) $26M $7.3M 28% 13.92* 75 2.5
Woodside (5.1k) $14.1M $3.9M 27.6% 6.88* 14 2.7
Los Altos Hills (8.3k) $15M $2.5M 16.6% 2* 51 6.1
* Sheriff contract represents the number of people typically assigned to work during a 24 hour period. For example, Portola Valley has 1 deputy on days, 1 on at night, and ½ of a deputy is shared during the day with Woodside.
How does Los Altos Hills “Fit in” to the big picture?
• Short staffed
• Oct-Dec, 2022—192 burglaries
• Problem is statewide
In California…
February 16 – Council Authorized Extra OT
Need Data here from Neil
Short Range Options—Deal with the Emergency
1: Hire uniformed private security—short term contract (60-90 days) Scope: Provide preventive patrols as eyes/ears for law enforcement Benefit: Sends positive message to the community—doing something! Tasks to accomplish
• Identify scope of work (e.g. hours/days to deploy, activities to undertake, etc.) • Obtain quotes for services
• Bring details to City Council for review/approval/funding • Hire/supervise the selected vendor
• “Hot wash” evaluation—30 days into the program (tweak as needed—report to the City Council)
2: Review Sheriff’s contract—add full time deputies as soon as possible Scope: Provide extra preventive patrols for limited term Benefit: Sends positive message to the community—adding resources **Continue Efforts to Fill Council Approved Overtime**
**Direction needed on number officers to add**
NOTE: Indications are that added positions are possible. Need to “open” contract discussions in early March.
Tasks to accomplish
• Identify scope of work (e.g. hours/days to deploy, activities to undertake, etc.) • Develop criteria for measuring results
• Bring option, if plausible to the City Council for review/approval/funding Short Range—Deal with the Emergency (cont.)
Short Range—Deal with the Emergency (cont.)
3: Add investigative hours to the Contract or hire a retired Santa Clara Investigator Scope: Reviews new burglary cases and those from the last 6 months.
Added time meeting with victims, finding/assessing ALPR data, and searching for stolen property sold or marketed on the internet Benefit: Performs additional needed functions
Tasks to accomplish
• Discuss concept/obtain City Council consensus to explore further • Confirm concept’s viability/interest with SCSO
• Arrange for office space, supplies, computer, if officed locally • If a retiree, coordinate as needed with SCSO/HR/etc.
Short Range—Deal with the Emergency (cont.)
4: Immediate Community Outreach/Education Campaign
Scope: (1) Post card message to emphasize/encourage heightened community awareness—e.g opt-in for Nixle, lock your home, use alarms, be alert, report suspicious activities and consider adding extra home security systems
(2) Promote Neighborhood Watch programs to include
incentivizing the program with printed materials, and merchandise to equip members.
Tasks to accomplish
• Discuss concept/obtain Council consensus
• Coordinate content
• Do the work to get materials out
Short Range—Deal with the Emergency (cont.)
5: Explore Developing a Property Recovery Reward Contest Scope: City and private donations fund the contest. After the City posts images/descriptions of stolen items, contestants help law enforcement find stolen property by constantly searching on websites like Craigslist, ebay, pawn shops, and Facebook marketplace. They get a “reward” when property is recovered or when their info leads to an arrest.
Benefit: Develops leads and leverages the public’s creativity/crowd sourcing capacity—may help nullify the value of the stolen goods.
Tasks to accomplish
• Write out the contest concept, rules, and administrative structure (e.g. a director and board) • Develop means of property recovery (from on-line ”leads”) • Present to City Council for support/initial funding
• Seek technology support from a local tech leader (to develop a stand alone website)
10 Mid-Range Options(3-12 months out)
1. Temporarily reduce access in/out of Los Altos Hills
2. Explore pros/cons of uniformed volunteers to “Patrol” in marked vehicles
3. Extend uniformed security presence if deployed (and if successful)
4. Consider pros/cons of establishing Community Service Officers (CSOs)
5. Leverage technology, for example: sharing existing camera feeds
6. Coordinate undercover sting/surveillance operations (w/other jurisdictions)
7. Improve coordination with regional task forces
8. Request aid from A.G., D.A., FBI regarding sophisticated fencing operations
9. Establish program for free on-sight security assessments (by trained CSOs)
10.Community awareness/education (alerts, next door, neighborhood watch)
Mid Range—ALPR Effectiveness Review
***Underway through MRG***
Scope: Compare costs versus benefits, other options to get more value from the ALPR investment, evaluate right-sizing the system for maximum ROI
Benefit: Ensure funds are used efficiently, and the system’s full potential is utilized.
Tasks to accomplish
• Develop examination methodology
• Conduct various inspections to verify system’s use
• Review system design with users and the manufacturer
• Compare long-range costs to other similar technology options
3 Long-Range Options(1+ year)
1. Consider creating or allowing some “gated” areas—all or part (legal concerns should be explored)
2. Without significant improvements in the next year or two, consider creating a LAHPD
3. Concept of ballot measure to pay for significant security related expenses
Questions/Discussion/Comments/Public Input
Request for Quote—Security Patrol Services (90 Days of Service) Problem Statement: The Town of Los Altos Hills has experienced an increase in residential burglaries. In 2022 there were 51 homes broken into and thus far in 2023, there have been 14 such cases. The Town contracts law enforcement services with Santa Clara Sheriffs’ Office (SCSO). Adding extra assigned SCSO patrols takes time to implement. The Town seeks to deploy uniformed private security patrols as a temporary preventionoriented measure for 90 days until these patrols can be added.
Scope of Work
Purpose: The purpose of this scope of work is to define the responsibilities and duties for unarmed private security for mobile patrol duties for the Town of Los Altos Hills.
Prime Directive: Prevention-oriented patrol—observe and report only. Private security staff are to be specifically instructed by their employing agency to not physically engage with anyone, except to protect themselves or someone else from imminent harm.
Hours of Patrol: Two shifts per day, seven days a week, including holidays, as follows:
7 a.m.-3 p.m.
Noon-8 p.m.
Note: During the three-hour overlap period, each security officer shall concentrate their preventive patrols inside Los Altos Hills; one patrol east of Interstate 280, and one to the west of Interstate 280.
Note 2: In the event the security company has a duty hour structure which does not align with the above 8-hour shifts, you may submit an alternative schedule with explanation and the Town will consider alternative patrol hours.
Patrol Areas:
(1) The assigned private security officer will be responsible for patrolling public property and all publicly available roads, streets, and drives, excluding private driveways marked as “private.” (2) There are 62.3 miles of public roads in Los Altos Hills. See here for a complete listing of the publicly accessible roads.
Security Company/Staff—General Duties and Responsibilities:
(1) Conduct regular patrols of public areas, deterring criminal activity, and maintaining a visible security presence.
(2) Immediately report all suspicious activity or emergencies to the Santa Clara Sheriff’s Office (SCSO) via 9-1-1 or SCSO non-emergency via (408) 299-2311.
(3) Respond promptly to and report any security-related incidents, including but not limited to audible alarms, suspicious activities, and safety hazards. (4) Provide assistance during emergency situations, such as medical emergencies or natural disasters.
(5) Liaise with law enforcement agencies as necessary, and assist them in their activities if requested. (6) Maintain accurate records of all activities, incidents, and patrols (see “Reporting” section). (7) Maintain a professional demeanor at all times and interact courteously with residents, Los Altos Hills employees, and the general public.
(8) Comply with all federal, state, motor vehicle, and local laws to include regulations relating to security services.
Attachment 2
Uniform and Equipment:
(1) Professional uniform that complies with the California BSIS regulations. (2) Necessary tools, such as vehicle with distinctive markings, technology equipment, such as GPS or reporting software, radios, flashlights, and first aid kits, to perform their duties.
Communication:
Reliable, regular and routine communication with security company management and other security personnel, using two-way radios or other communication devices.
Critical Location Coverage:
Since the beginning of 2022, 65 Los Altos Hills burglaries have occurred on 48 different streets (hundred blocks). Since burglars are known to return to the same or nearby locations, patrolling these locations is a priority. A listing of these locations (and any added locations should they occur) will be provided to the security company for this purpose.
At a minimum, the assigned security officer is required to patrol each of these locations once per 8-hour shift and provide date/time for each of these patrols. Automated geolocation data for this coverage is preferred (see “Reporting” section).
Routine Coverage:
One patrol on every public road is expected on each 8-hour shift. While documenting this coverage is not required, using geolocation technology as a means to demonstrate coverage is preferred.
Crime Prevention—Residential Security Vulnerability:
The Town of Los Altos Hills is actively engaging community members to improve their own security.
In the event security staff observe residential security weaknesses or vulnerabilities, they shall report such conditions to the following email address to trigger a security improvement effort:
Ancillary Coverage Benefits:
Los Altos Hills seeks to gain value from extra security resources patrolling all public roads.
Notification for any of the following conditions, if observed, is required:
• Any signage that is having visibility issues (reflectivity, vegetation coverage, etc.), including if it needs to be relocated.
• Any non-urgent hazard situations on the roadway including the shoulders.
Notice of any of the above to the Town of Los Altos Hills shall be provided here .
Onboarding:
All assigned security officers are required to make personal contact with the City Manager (or designee) before or during their first shift. This short introduction is mainly to help personalize service and working relationships but also to ensure expectations are clear.
Restroom Breaks:
Purisimma Park is suggested and available for restroom breaks as needed.
Reporting:
Methods of non-routine reporting:
(1) Telephone calls: For emergencies and dynamic situations which could be dangerous or cause a public response, call the City Manager or designee(s)—numbers to be provided.
(2) Email: For incidents not outlined in the Weekly Statistical Report (below) an email notice to the City Manager and/or other designee(s) is required: (provided later to contracted security company) Weekly Statistical Report:
Consisting of the following data, each week ending on Wednesday, the security company shall email a weekly report to the City Manager and/or designee(s):
• Total number of events reported to law enforcement
• Time/date/location/description of all incidents reported to law enforcement • Total number of miles driven/patrolled
• Number of public interactions (by shift)
• Date/time of Critical Location Coverage (geo-tagged data is preferred) • Number of Residential Security Vulnerability notifications • Number of Ancillary Benefit Coverage notifications
• GPS coverage data if available (see below geolocation data notation) • Law Enforcement Coordination efforts
(quantity and description to include date/time/location) Geolocation Data: A physical notation by the patrolling security officer is acceptable for reporting Critical Location Coverage; however, this implies a security officer distraction (or activity level slowdown). Automated GPS reporting is viewed as being more efficient and less prone to inaccuracies.
Further, patrol coverage of all 62.3 miles of public streets is expected. GPS could be used to expose gaps in coverage and give Los Altos Hills leadership data to address any program criticisms of lessthan-adequate coverage.
Scope of Work Adjustments:
Los Altos Hills reserves the right to adjust the scope of work for the security personnel to match changing conditions. These conditions may include, but are not limited to, an increase in crime or security threats, unanticipated events, or changes in the level of service required by city leaders.
In the event that the scope of work needs to be adjusted, Los Altos Hills will provide written notice to the security company detailing the changes required. The security company will be required to respond to the notice in a timely manner, and provide a revised work plan that meets the new requirements.
Changes to the scope of work may require adjustments to the contract price or the contract duration. In such cases, Los Altos Hills and the security company will work together to negotiate any necessary changes to the contract terms.
Any such change requires agreement, in advance, from both Los Altos Hills and the security company.
Law Enforcement Coordination:
The added security presence should be considered an enhancement to the limited number of SCSO patrol staff. Security staff should ask front-line law enforcement how they can help in the fight against continuing residential burglary (if the opportunity arises). Any input from law enforcement such as, descriptions of criminal activities, suspicious vehicle descriptions, etc., should be acted upon and passed along internally to other security staff. Additionally, any coordination attempts should be included in the weekly report. The point of contact for SCSO is: Captain Neil Valenzuela ([email protected]). Captain Valenzuela will be given the security company’s point of contact to foster healthy communications.
Training and Certification:
Security officers shall be trained and certified in accordance with the regulations of the California Bureau of Security and Investigative Services (BSIS).
Insurance:
The security company shall file with Los Altos Hills a certificate of insurance before commencing any services 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.
AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
Los Altos Hills Business License:
Los Altos Hills Municipal Code requires respondents to have a business license. Information and applications can be obtained at the Los Altos Hills website.
Contract:
A contract for services with the security company is required and will be prepared by Los Altos Hills.
Request for Quote Submissions:
Submit quotes to Brian T. Uhler at [email protected]. Each quote must contain the following:
(1) A statement indicating the ability to comply with the items outlined in this Request for Quote (2) Cost of providing the contracted services
(3) Anticipated start (indicated by number of days after a contract is signed) (4) Photograph of typical company patrol vehicle
(5) Photograph of uniform (or person in uniform) used by the security company (6) Description of geolocation capacities and related reporting capacity (7) Description of the security company’s supervision, training, and quality control programs (8) Three references, including telephone and email (government customer references preferred) (9) Signor signature, title and contact information
Due Date: March 17, 2023 at 5 p.m.
P. O. Box 561, Wilton, CA 95693 866-774-3222 www.Solutions-MRG.com Los Altos Hills
Security Cost/Service Projection
MRG Facilitator: Brian Uhler Sept 12, 2023
Service Dates: 4/19 through 8/27
Days Covered: 131 Days covered
Hours of work: 1745.8 Hours (including two holidays at slightly higher cost) Ave Hours/day: 13.33 (1745.8 hours/131 days—14.5 in last 42 days) Total Cost: $95,136.12 (Sum of all invoices)
Ave Cost/day: $726.23 dollars ($95,136/131 days—$782.83 in last 42 days) Fund balance: $54,863.88 ($150k allocated minus $95,136.12) Funds run out*: November 5, 2023 ($ 54,863.88 balance/$782.83 per day “burn rate” = 70 days from 8/27)
* Based on burn rate for last 42 days
Attachment 3
P. O. Box 561, Wilton, CA 95693 866-774-3222 www.Solutions-MRG.com Invoices
P. O. Box 561, Wilton, CA 95693 866-774-3222 www.Solutions-MRG.com
1 TOWN OF LOS ALTOS HILLS March 16, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO THE MUNICIPAL RESOURCE GROUP,
LLC (MRG) AGREEMENT TO EXPAND THE SCOPE OF SERVICES
AND INCREASE THE NOT TO EXCEED AMOUNT TO $90,000 FOR
PUBLIC SAFETY CONSULTING SERVICES AND APPROPRIATING
$65,000 FROM THE GENERAL FUND UNRESERVED BALANCE 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 Municipal Resource Group, LLC (MRG) Agreement to expand the scope of services and increase the not to exceed amount to $90,000 for public safety consulting services and appropriating $65,000 from the General Fund Unreserved Balance for FY 2022-23.
BACKGROUND:
The City Manager entered into an agreement with Municipal Resources Group on February 23, 2023 to assist staff by providing expert-level analysis, guidance, and support to address the Town’s public safety issue related to excessive burglaries (Attachment 4). The scope of work under the original agreement included:
- Gathering information on the rate of residential burglaries in neighboring jurisdictions; - Creating options to explore to reduce residential burglaries with staff and the Ad Hoc Committee on Residential Burglaries on February 27th; and - Preparing the results of the analysis and helping the City Manager report out at a Special Council meeting on February 28th.
Staff was given a short turnaround to find a qualified consultant to engage in these activities and prepare for a council discussion on February 28th. The analysis and discussion at the Special City Council meeting resulted in a number of motions that call for a larger scope of work then originally intended with MRG. This includes serval items that require follow-up with the Council at future meetings. The motions that were approved at the February 28th special meeting were:
MOTION MADE AND SECONDED: Vice Mayor Mok moved to have the Council appropriate $150,000 from the unreserved general fund in order for the City Manager to elicit competitive bids and execute a contract not to exceed $150,000 for private security. The motion was seconded by Councilmember Tankha.
MOTION MADE AND SECONDED: Councilmember Tankha moved to authorize the City Manager to provide for and arrange an additional 40 hours a week of AGENDA ITEM #4.K
C.E.
P.P.
Attachment 4
Staff Report to City Council Page 2
MRG Agreement
March 16, 2023
detective time under the existing contract with an understanding that this service change would result in an overspend on the Sheriff’s contract in comparison to the normal payment schedule. The Sheriff’s office will periodically share reports on their findings. The motion was seconded by Vice Mayor Mok.
MOTION MADE AND SECONDED: Councilmember Tankha moved to authorize the subcommittee to work with staff and the consultant to send out postcards educating the residents about what they can do to secure their homes in the short term and to undertake the Community Outreach/Education Campaign (“Atherton Model”) described in the presentation. The City Manager will return to Council with any contracts associated with this that are beyond his signing authority. The motion was seconded by Vice Mayor Mok.
MOTION MADE AND SECONDED: Councilmember Schmidt moved that the Council add an additional Sheriff’s deputy when the contract with the Santa Clara County Sheriff Department is renegotiated. The motion was seconded by Councilmember Tyson.
Draft February 28, 2023 meeting minutes can be reviewed in Attachment 5.
Currently, Staff has used a portion of the existing contract with MRG to prepare and deliver recommendations at the February 27th Ad Hoc Committee on Residential Burglaries as well as a report to the entire Council on February 28th that built on the discussions of the 27th. Staff has continued to use the contract capacity to work on the scope of work for the Private Security Contractor that is being execute as soon as possible.
However, work still remains on the ALPR analysis and the review of options in relation to the Sheriff’s contract per direction from the Ad Hoc Committee on Sheriff’s Contract with Councilmembers Mok and Mayor Swan. All this work will exceed the not to exceed limit of $25,000 in the initial contract with MRG.
DISCUSSION:
The Town is proposing to expand the scope of work with MRG to include a wholistic review of the law enforcement services in the Town. The expanded scope will consist of four focus areas:
hiring private security patrol for the Town, maximizing the value and effectiveness of the ALPR system, ongoing community education and outreach, and an assessment of law enforcement services in Los Altos Hills. 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.
ENVIRONMENTAL REVIEW:
The MRG agreement is exempt from California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA.
Staff Report to City Council Page 3
MRG Agreement
March 16, 2023
2023 CITY COUNCIL WORK PLAN:
This goal was identified in the approved 2023 Council Work Plan as, “Receive direction from Council on how to enhance crime prevention programs” under the Key Project Enhance Public Safety Programs within the Key Value Area, “Promote Public Safety.” Staff identified this as a priority that they would target for Q2 however, given urgency of the situation with Residential Burglaries, the City Council directed staff to advance their priorities around public safety. As a result, staff is recommending to expand the 2023 Council Work Plan to address these priorities and expand the scope of services for the MRG contract to help achieve these priorities over the next several months.
FISCAL IMPACT:
The current agreement with MRG has a do not exceed limit of $25,000. Authorizing the City Manager to execute the First Amendment will increase that limit to $90,000.
Additional funds are needed within the FY 2022-23 budget to cover this expense.
Staff recommends appropriating $65,000 from the General Fund Unreserved Balance 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 MRG
4. Agreement with MRG – dated February 23, 2023
5. Draft February 28, 2023 City Council meeting Minutes
Town of Los Altos Hills
August 2023
Statistical Data and
Public Safety Report
Office of the Sheriff
County of Santa Clara
Attachment 5
Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 0.00 0 9 5.30 1 9 6.30 2 9 9.12 1 9 6.91 4 9 2 10.86 44 14 10.16 33 14 10.38 50 14 11.31 51 14 11.65 62 14 12.66 62 14 10.73 55 14 9.76 51 14 11.17 60 14 11.57 75 14 11.73 73 14 11.12 80 14 11.09 696 14 3 17.15 74 25 14.46 44 25 15.43 58 25 14.13 56 25 11.25 56 25 15.10 55 25 11.95 55 25 15.58 60 25 14.36 46 25 18.43 38 25 15.45 25 25 18.74 22 25 15.17 589 25 Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 8.01 4 9 6.28 1 9 0.00 0 9 0.00 0 9 6.68 1 9 10.67 3 9 4.12 4 9 4.08 2 9 10.30 3 9 7.93 2 9 6.61 3 9 0.00 0 9 7.19 23 9 2 10.27 59 14 12.96 92 14 11.63 100 14 11.55 81 14 10.72 96 14 9.30 102 14 9.46 81 14 8.76 92 14 10.51 79 14 8.43 93 14 8.22 72 14 9.24 95 14 10.09 1042 14 3 17.73 41 25 16.43 47 25 9.58 37 25 11.97 28 25 10.33 34 25 11.87 57 25 10.97 51 25 8.73 46 25 7.18 42 25 12.52 61 25 14.52 36 25 10.95 38 25 11.90 518 25 Time Calls Target
Time Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime Time Calls TargetTime 1 10.73 1 9 6.75 1 9 8.08 3 9 0.00 0 9 0.00 0 9 6.14 2 9 12.98 1 9 8.56 6 9 9 9 9 9 8.87 14 9 2 11.49 95 14 10.26 76 14 10.90 127 14 9.39 96 14 10.82 85 14 10.36 123 14 10.29 128 14 12.65 113 14 14 14 14 14 10.77 843 14 3 15.19 32 25 18.35 41 25 8.21 23 25 10.15 38 25 17.25 44 25 11.42 38 25 11.99 63 25 14.96 48 25 25 25 25 25 13.44 327 25 Target
Time
April September October November Avg
Time
December Total
Calls
May June July August
Priority
January February March
Los Altos Hills 2023
March April May June July August September October Target Time
Avg
Time
Total
Calls
December Avg
Time
Total
Calls
November
December Target
Time
Los Altos Hills 2022
Priority
January February
April May July August September
Response Times for Los Altos Hills
2021 - 2023
Los Altos Hills 2021
Priority
January February March June October November
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0000000000000
2023
101000002
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
800010201442 22
2022
563004544866 51
2023
2 11464635 41
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0000000010001
2023
000000000
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0010100020004
2022
0001000000001
2023
000000011
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
111120120110 11
2022
1100000101004
2023
011001115
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1000000000102
2022
0000001000001
2023
000001001
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1102102000018
2022
112004115000 15
2023
210001105
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
202001410221 15
2022
512014101203 20
2023
22111414 16
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000010110003
2022
0100020010015
2023
000001102
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000100001
2022
0010010000002
2023
000000101
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1001010100015
2022
0100000000001
2023
100000001
Identity Theft
Forgery
Fraud
4700 4702
Vandalism 5940 5941
Sex Crimes
2610 2615
2880 2885
2890 2895
Domestic
Violence 2430 2730
Simple &
Aggravated
Assaults
2400 2401
2402 2403
2404 2405
Burglary,
Commercial 4591 4592
Burglary,
Vehicle 4593
Auto Theft 4703
Grand Theft 4870
Burglary,
Residential
Robbery 2110 2115
Town of Los Altos Hills
Public Safety Report Page 1
Selected Crimes
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021 18
43433 1390561 69
2022
35665 128267 160 76
2023
16 13 139320 47
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
816 2203 16 281 1562 108
2022
2342062664 210 56
2023
16312234 22
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021 64 124 60 52 40 19 24 35 12 24
67 467
2022 12
71969635 10 185 91
2023
8 20 19 31 185 108 119
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
1000001001003
2022
0100000002003
2023
000100001
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
101212200110 11
2022
211112240130 18
2023
002020127
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
234235205201 29
2022
441610100314 25
2023
33143545 28
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL 2021
0000000000000
2022
0010000002003
2023
000000000
Other
Citations
8310 8315 8320
8325 8330 8335
Accidents,
DUI
8050 8055 8060
Accidents,
Injury
8000 8005 8030
8035
Accidents,
Property
Damage
8010 8015 8020
8025 8040 8045
DUIs 8500 8505 8510
Speeding
Citations 8305
Town of Los Altos Hills
Public Safety Report Page 2
Traffic Related Activity
Moving
Violations 8300
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
Injury (8000, 8005) 0 0 2 0 2 0 1 2 7
Property Damage (8010) 2 3 0 3 3 4 3 4 22
Accident, No Details (8015) 0 0 0 0 0 0 0 0 0
Bike / Pedestrian (8020, 8025) 1 0 1 0 0 1 0 0 3
Hit & Run - Injury (8030, 8035) 0 0 0 0 0 0 0 0 0
Hit & Run - Property Damage (8040) 0 0 0 1 0 0 1 1 3
Hit & Run - No Details (8045) 0 0 0 0 0 0 0 0 0
DUI - Injury (8050, 8055) 0 0 0 0 0 0 0 0 0
DUI - Property Damage (8060) 0 0 0 0 0 0 0 0 0
TOTAL ACCIDENTS 3 3 3 4 5 5 5 7 0 0 0 0 35
4.4 25
West Valley Patrol Accidents
Los Altos Hills
August 2023
3 3
4 5 5 5
7 0 0 0 0
0 1
2 3
4 5
6 7
8 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2003100.1 14537-007 1
AGREEMENT FOR ADVANCEMENT OF FUNDS FOR FLOCK CAMERAS
This Agreement for Advancement of Funds for Flock Cameras (“Agreement”) is made by and between the Town of Atherton, a municipal corporation ("Town"), and the organization/individual identified in the signature block below (“Customer”). The Town and Customer are individually referred to as a "Party" and collectively referred to as the “Parties.”
RECITALS
A. Flock Safety ("Flock") currently provides cameras and services to the Town for automatic license plate detection (the “Flock Services”). The Town has installed Flock cameras on various locations along Town streets. The cameras capture data images and recordings of suspect vehicles, which information can be accessed and used by the Town.
B. Customer has requested that the Town place one or more additional Flock cameras (individually and collectively, "Camera") at a location that the Town would not have otherwise placed a camera.
C. As a condition to the Town’s agreement to install a new Flock Camera, Customer has agreed to pay the Town for the costs associated with acquiring and installing the Camera.
Customer has provided the Town with a completed Flock Camera Order Form ("Order Form") to order the Camera, which is attached hereto and incorporated herein as Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
AGREEMENT
1. Camera Installation and Location. Upon the terms and conditions set forth herein, the Town agrees to install the new Camera in the location identified by Customer in the Order Form.
The Town will be responsible for determining the final site selection and installation location of each Camera. The following provisions apply only if a Camera is to be located on the Customer's real property:
1.1 Cooperation. Customer agrees to cooperate with the Town and provide the Town with any information that may be necessary to help the Town determine the final Camera site location on Customer's real property.
1.2 Grant of License. Customer hereby grants the Town, its employees, agents, representatives, contractors, successors and assigns, a temporary license to use Customer's real property for the installation, maintenance, and repair of the Flock Camera, along with a right of entry over Customer's real property to access the Camera location.
2. Term. The initial term of this Agreement shall be for the period set forth on the Order Form (the “Initial Term”). Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Attachment 6
2003100.1 14537-007 2
3. Usage Fees. On or before the 7th calendar day following the full execution of this Agreement, Customer agrees to pay Town the following fees for each camera as set forth in the Order Form: (a) the Usage Fee for the Initial Term, (b) the Installation Fee, and (c) any other fees listed on the Order Form (collectively, the “Initial Fees”). The Town is not obligated to purchase or install any of the requested cameras unless and until the Initial Fees have been paid. If Customer fails to timely pay the Initial Fees, Town may terminate this Agreement by providing written notice to Customer. For each Renewal Term, Customer shall pay Town the Usage Fees set forth on the Order Form thirty (30) calendar days in advance of each Renewal Term. If Customer fails to timely pay the Usage Fees for a renewal Term, Town may terminate this Agreement by providing written notice to Customer.
4. Use and Ownership. The Town will obtain the new Flock Camera in the Town's name under its contract with Flock. The Town will retain all ownership and other rights related to the Camera, including the right to use and access the Camera as well as the information and data gathered on and through the Camera. Customer shall have no rights to use or access any Camera, Flock Services, or any information or data gathered on or through any camera.
5. Release of Liability. Except as expressly set forth herein, the Town's use of any Flock cameras shall be at the sole risk and expense of the Town. Customer shall not be liable to the Town for, and the Town hereby waives and releases Customer from, any and all liability for injury, damage, or loss to Customer resulting from the Town's use of, or data collection from, the Flock cameras installed under this Agreement. Customer shall be liable to the Town, its agents, employees and officials, and indemnity and defend them for any claims or damages arising from Customer's use, movement, or reconfiguration of the Flock cameras.
6. Termination. Customer acknowledges that the Town may eliminate all Flock cameras if the Town's contract with Flock is terminated, or for any other reasonable basis. Customer also acknowledges that the Town may eliminate or move any Flock cameras in the future if funding for them is removed or reduced. Therefore, if the Town determines, in its sole discretion, that it is in the Town's best interest to eliminate or move any of the Flock cameras paid for under the terms of this Agreement, the Town may terminate this Agreement upon written notice to Customer without cost or liability to the Town. Upon termination of this Agreement, the Town shall remove the Camera if located on Customer's real property.
7. Assignability. This Agreement may not be assigned by the Customer without the prior and express written consent of the Town. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void.
8. No Oral Modifications. This Agreement represents the entire understanding of the Town and Customer and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified only by a writing signed by the authorized representatives of both the Town and the Customer.
(Signatures on Next Page)
2003100.1 14537-007 3
The parties have executed this Agreement as of the date set forth below.
TOWN: CUSTOMER:
Town of Atherton,
a municipal corporation
By: By:
Name: George Rodericks Name: ________________________
Title: City Manager Title: ________________________
Date: _______________________ Date: ________________________
2003100.1 14537-007
Exhibit A
Flock Camera Order Form
Customer: Contact:
Customer mailing address: Phone:
Email:
Usage Fees: $2,500 per term per camera Initial Term: 24 months Number of Cameras: _____ Renewal Term: 12 months
Location of Cameras: ________________________________
Installation Fee (one-time) $250 per camera
Warning Sign $28 per camera Billing Contact:
Pole Fee (one-time) $0
Billing email:
(if different
than above)
Expected Payment Method:
AGENDA ITEM #7A-E
7. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #7A-E
7. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #7A-E
7. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #7A-E
7. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #7A-E
7. REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC
COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson) B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson)
D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities
These reports will be presented verbally.
AGENDA ITEM #8.A
8. COUNCIL INITIATED
A. Request to Revisit the Ordinance Authorizing the City Manager’s Signing Authority (Mayor Swan)
There is no presentation for this item.
AGENDA ITEM #8.B
8. COUNCIL INITIATED
B. Request to allow Los Altos Hills to Participate in a forum at Foothill College that will focus on "Strengthening Collaborative Artificial Intelligence (AI) Opportunities in Silicon Valley". This initial effort is to help create a regional coalition with select Silicon Valley Mayors, San Jose State University, Foothill College, and the business community to develop a regional approach for the successful implementation of AI (Mayor Swan) There is no presentation for this item.
AGENDA ITEM #8.C
8. COUNCIL INITIATED
C. Consider the Addition of New Furniture in the Town Hall Courtyard for Community Engagement (Mayor Swan)
There is no presentation for this item.