Los Altos Hills City Council
October 19, 2023

RESOLUTION NO. ____-23

A RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS AWARDING A CONSTRUCTION
AGREEMENT OF THE 2023 SANITARY SEWER REPAIR AND

REPLACEMENT PROJECT
WHEREAS, on August 17, 2023, the City Council approved the Plans and specifications for the 2023 Sanitary Sewer Repair and Replacement Project and authorized staff to advertise the project for formal bid; and
WHEREAS, Notice to Bidders were advertised for the project on September 5, 2023, and three bids were received and opened on September 28, 2023; and WHEREAS, the Utility Engineering Manager of the Town of Los Altos Hills did, in open session, duly examine and consider all bids submitted to it for the construction of the 2023 Sanitary Sewer Repair and Replacement Project; and
WHEREAS, staff recommends that the construction agreement for said project be awarded to the lowest responsible bidder, Smelly Mel’s Plumbing, Inc., in the amount of $520,630; and
WHEREAS, staff recommends that funds of $80,000 be made available for construction contingency.

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

1. The City Manager is hereby authorized to award a construction agreement to Smelly Mel’s Plumbing, Inc., the lowest responsible and responsive bidder not to exceed $520,630.

2. The Public Works Director is hereby authorized to approve potential contract change orders not to exceed $80,000.

The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attachment 1

By:

Linda Swan, Mayor
ATTEST:

Deborah L. Padovan, City Clerk

ATTACHMENT 2
2023 Sanitary Sewer Repair and Replacement Project
List of Project Segments
Drawing Location USMH DSMH
Repair
Length
(ft)
Method Nearest Street
C-101 1 BMH1027 BMH1028 156 Pipe Bursting Palo Hills Drive C-101 2 BMH1028 BMH1029 140 Pipe Bursting Palo Hills Drive C-102 3 EMH1040 EMH1039 201 Pipe Bursting Esperanza Drive C-102 6 EMH1029 EMH1228 76 Pipe Bursting Fremont Road
C-103 4 EMH1064 EMH1062 206 Pipe Bursting Camino Medio Lane C-104 5 EMH1028 EMH1027 290 Pipe Bursting Ascension Drive C-105 7 EMH1161 EMH1160 91 Pipe Bursting Anacapa Drive
C-106 10 IMH1051 IMH1050 115 Pipe Bursting Wildflower Lane C-107 12 KMH1025 KMH1026 206 Pipe Bursting Moody Road
C-108 13 KMH1064 KMH1065 136 Pipe Bursting Altamont Road C-108 14 KMH1065 KMH1049 136 Pipe Bursting Altamont Road C-109 15 KMH1085 KMH1086 178 Pipe Bursting Altamont Road C-110
Alternate 1 8 EMH1165 EMH1164 121 Open Trench Anacapa Drive C-111
Alternate 2 9 HMH1026 HMH1025 161 Pipe Bursting &
Open Trench Viscaino Road
C-112, 113
Alternate 3
O’Keefe
Lane Wetwell LMH1079 220 Pipe Bursting & Open Trench O’Keefe Lane

ATTACHMENT 3 9/23/23
Item
No.

Item Description Unit Estimated
Quantity Unit Price Amount Unit Price Amount Unit Price Amount 1 Pipe Bursting/Reaming - Replace 6" VCP with 8" HDPE
SDR-17
LF 1102 $ 253,460 230 $ $ 214,890 195 $ $ 375,782 341 $ 2 Pipe Bursting/Reaming - Replace 6" VCP with 10" HDPE
SDR-17
LF 206 $ 53,560 260 $ $ 39,140 190 $ $ 54,590 265 $
3 Pipe Bursting/Reaming - Upsize 8" VCP with 10" HDPE
SDR-17
LF 296 $ 74,000 250 $ $ 66,600 225 $ $ 59,200 200 $
4 Replace Lateral Connection to Main EA 7 $ 1,500 $ 10,500 $ 2,000 $ 14,000 $ 2,000 $ 14,000 5 Reconnect Sewer Main to Existing Manhole EA 18 $ 2,000 $ 36,000 $ 1,500 $ 27,000 $ 4,500 $ 81,000 6 Mobilization/Demobilization LS 1 $ 20,000 $ 12,000 $ 23,000 7 Pre-Installation Cleaning and Color CCTV Inspection LS 1 $ 11,000 $ 10,000 $ 7,500 8 Post-Installation Cleaning, Pressure Testing, and Color CCTV Inspection LS 1 $ 12,000 $ 12,000 $ 12,500
TOTAL BASE BID ITEMS (1 - 8) $ 470,520 $ 395,630 $ 627,572 9 ALTERNATE 1 - Location 8 Anacapa Drive LS 1 $ 60,500 $ 60,500 $ 24,000 $ 24,000 $ 26,500 $ 26,500 10 ALTERNATE 2 - Location 9 Viscaino Road LS 1 $ 43,000 $ 43,000 $ 32,000 $ 32,000 $ 38,000 $ 38,000 11 ALTERNATE 3 - O'Keefe Lane (Drawing C-112 & C-113) - Construct Emergency Sewer Bypass for the Sewer Pump
Station
LS 1 103,800 $ $ 103,800 $ 69,000 $ 69,000 $ 59,000 $ 59,000 TOTAL ALTERNATE BID ITEMS (9, 10 & 11) $ 207,300 $ 125,000 $ 123,500 TOTAL BASE BID PLUS ALTERNATE BID ITEMS (1 - 11) $ 677,820 $ 520,630 $ 751,072 TOWN OF LOS ALTOS HILLS, 2023 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT

LOW BID
Casey Construction
Emerald Hills
C2R Engineering
Los Altos
Smelly Mels Plumbing
South San Francisco

1 CONTRACT

TOWN OF LOS ALTOS HILLS

STATE OF CALIFORNIA

CONTRACT
2023 Sanitary Sewer Repair and Replacement Project
THIS AGREEMENT, made, executed, and entered into this _____ day of _____________, 2023, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as the Town, and SMELLY MEL’S PLUMBING, INC. , hereinafter referred to as the Contractor.

W I T N E S S E T H
ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the 2023 Sanitary Sewer Repair and Replacement Project.

Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein.

ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor’s proposal for “TOTAL BASE BID PLUS ALTERNATE BID ITEMS (1 – 11)” to the City Council, entitled EXHIBIT "A”, Proposal to the City Council’ and attached hereto.

Bid Description
Estimated
Quantity UNIT
Total
(in figures)
BASE Bid Items 1 through 8 1 LS $ 395,630
ALTERNATE 1 Bid Item 9 (Location 8 Anacapa Drive) 1 LS $ 24,000 ALTERNATE 2 Bid Item 10 (Location 9 Viscaino Road) 1 LS $ 32,000 ALTERNATE 3 Bid Item 11 (O’Keefe Lane - Emergency
sewer bypass for the sewer pump station)
1 LS $ 69,000
TOTAL $520,630
Five Hundred Twenty Thousand Six
Hundred and Thirty Dollars
ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, Attachment 4

2 CONTRACT
their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto.

ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within SEVENTY (70) working days from and after the commencement of said work.

ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor.

IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written.

TOWN OF LOS ALTOS HILLS
A General Law City
City Manager
ATTEST:

City Clerk, Town of Los Altos Hills

CONTRACTOR
By
Title

3 CONTRACT

NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL

STATE OF CALIFORNIA )
) ss.

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

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

WITNESS my hand and official seal.

Notary Public
(Seal)

1 GENERAL LIABILITY ENDORSEMENT

GENERAL LIABILITY ENDORSEMENT

TOWN OF LOS ALTOS HILLS
26379 Fremont Road, Los Altos Hills, CA 94022
Public Works Director
A. POLICY INFORMATION

1. Insurance Company: Policy Number:

2. Policy Term: From: To: Endorsement Effective Date:

3. Named Insured:

4. Address of Named Insured:

5. Limit of Liability Any One Occurrence/Aggregate $1,000,000$/3,000,000

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):

7. "Claims Made" coverage: Retroactive Date:

Tails:

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:

1. INSURED: The Town, it’s elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

2 GENERAL LIABILITY ENDORSEMENT

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers.

6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.

C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.

Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:

ADDRESS: TELEPHONE:

3 AUTOMOBILE LIABILITY ENDORSEMENT

AUTOMOBILE LIABILITY ENDORSEMENT

TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022
Public Works Director
A. POLICY INFORMATION

1. Insurance Company: Policy Number:

2. Policy Term: From: To: Endorsement Effective Date:

3. Named Insured:

4. Address of Named Insured:

5. Limit of Liability Any One Occurrence/Aggregate $1,000,000.00

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):

7. "Claims Made" coverage: Retroactive Date:

Tails:

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:

1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least as broad as Insurance Services Office form for Automobile Liability, Code 1 ("any auto").

4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers.

4 AUTOMOBILE LIABILITY ENDORSEMENT

6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.

C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.

Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:

ADDRESS: TELEPHONE:

1 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT

WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT

TOWN OF LOS ALTOS HILLS
26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022
Public Works Director
A. POLICY INFORMATION

1. Insurance Company: Policy Number:

2. Endorsement Effective Date:

3. Named Insured:

4. Employer’s Liability Limits (coverage B) $1,000,000.00 B. POLICY AMENDMENTS:

This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows:

1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement.

2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town.

C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to
bind the below-listed insurance company and by my signature hereon do so bind this company.

Signature of
Authorized Representative
(original signature on endorsement furnished to the Town) ORGANIZATION: TITLE:

ADDRESS: TELEPHONE:

2 CERTIFICATE OF INSURANCE
Town of Los Altos Hills LOS ALTOS HILLS ("the Town")
Town Hall A General Law City
Los Altos Hills, CA 94022
Attention: Public Works Director/City Engineer.

Public Works Director

CERTIFICATE OF INSURANCE
This certifies that the following described policies have been issued to the insured named below and are in force at this time.

Insured
Address
Description of operations/locations/products insured (show Contract name and/or number if any).

POLICIES AND INSURERS LIMITS
Bodily Injury Property Damage

EXPIRATION
DATE
Policy Number
Worker’s Compensation
Insurer
Employer’s Liability $
Commercial General Liability
Insurer
Each Occurrence
Aggregate
Each Occurrence
Aggregate
Combined Single Limit
Business Auto Policy Liability
Coverage Symbol
Insurer
Each Person
Each Accident
Each Accident
Combined Single Limit
Umbrella Liability
Insurer
Occurrence/Aggregate $
Self-Retention $
The following coverages or conditions are in effect:

Yes  No  The Town, its officials, and employees are named on all liability policies described above as insured as respects: (a) activities performed for the Town or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured
Products and completed operations:

Yes  No  The undersigned will mail to the Town 30 days written notice of cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording).

Yes  No  Personal Injury, perils A, B, and C.

Yes  No  Broad form property damage.

Yes  No  X, C, U hazards included.

Yes  No  Contractual liability coverage applying to this Contract.

Yes  No  Liquor liability.

Yes  No  Coverage afforded the Town, its officials, employees and volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the City.

Yes  No  Waiver of subrogation from worker’s compensation insurer.

3 CERTIFICATE OF INSURANCE
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate or insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature
Telephone Date
NOTE: Authorized signature may be the agent’s, if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer

1 PERFORMANCE BOND

TOWN OF LOS ALTOS HILLS

STATE OF CALIFORNIA

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the Town of Los Altos Hills, State of California, has awarded to , hereinafter designated as the "Principal," a contract for the 2023 Sanitary Sewer Repair and Replacement Project and;
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of DOLLARS ($ ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the Town of Los Altos Hills, its officers and agents as therein stipulated, then this obligation shall become invalid; otherwise it shall be and remain in full force and virtue.

Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications.

2 PERFORMANCE BOND
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Tittle
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Tittle
(Seal)
Approved as to form:

City

3 PERFORMANCE BOND
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other
form of acknowledgment is used, there must be
submitted a certified copy of unrevoked resolution of
authority for the attorney-in fact.

NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY

STATE OF CALIFORNIA )
) ss.

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

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

WITNESS my hand and official seal.

Notary Public
(Seal)

1 PAYMENT BOND

TOWN OF LOS ALTOS HILLS

STATE OF CALIFORNIA

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the Town of Los Altos Hills, a General Law City, has awarded to hereinafter designated as the "Principal", a contract for the for the 2023 Sanitary Sewer Repair and Replacement Project and;
WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum of DOLLARS
($ ), said sum being equal to the estimated amount payable by said Town of Los Altos Hills under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court.

This bond shall inure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

2 PAYMENT BOND
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal)
Principal
By
(Acknowledgment) Tittle
(Corporate Seal)
Surety
By
Attorney-in-fact
(Acknowledgment) Tittle
(Seal)
Approved as to form:

City

3 PAYMENT BOND
NOTE TO SURETY COMPANY: The following form
of acknowledgment should be used. If any other form
of acknowledgment is used, there must be submitted a
certified copy of unrevoked resolution of authority for the attorney-in-fact.

NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY

STATE OF CALIFORNIA )
) ss.

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

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

WITNESS my hand and official seal.

Notary Public
(Seal)

1 ESCROW FOR SECURITY DEPOSIT

TOWN OF LOS ALTOS HILLS

STATE OF CALIFORNIA

ESCROW FOR SECURITY DEPOSIT

IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Town of Los Altos Hills, whose address is 26379 Fremont Road, Los Altos Hills, CA 94022, hereinafter called "Town", hereinafter called "Contractor", and , whose address is
, hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Town, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Town pursuant to the Construction Contract entered into between the Town and Contractor for the 2023 Sanitary Sewer Repair and Replacement Project in the amount of $ dated (hereinafter referred to as the "Contract").

Alternatively, on written request of the Contractor, the Town shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Town within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Town and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner. (2) The Town shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Town makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Town pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Town. These expenses and payment terms shall be determined by the Town, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Town. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Town to the Escrow Agent that Town consents to the withdrawal of the amount sought to be withdrawn by Contractor.

2 ESCROW FOR SECURITY DEPOSIT
(7) The Town shall have a right to draw upon the securities if there is default by the Contractor.

Upon seven days written notice to the Escrow Agent from the Town of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Town. (8) Upon receipt of written notification from the Town certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the Town and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the Town and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Town and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:

On behalf of Town: On behalf of Contractor:

Title Title
Name Name
Signature Signature

3 ESCROW FOR SECURITY DEPOSIT
On behalf of Escrow Agent:

Title

Name

Signature

Address
At the time the Escrow Account is opened, the Town and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Town Contractor

Title Title
Name Name
Signature Signature

From: allan epstein
To: Deborah Padovan
Cc: WooJae Kim
Subject: AGENDA ITEM #4.K RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT FOR 2023 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $520,630
Date: Thursday, October 19, 2023 4:03:03 PM
Hi Deborah,
Please attach these comments to the Agenda for today’s Council meeting.

Thank you.

Best,
Allan
AGENDA ITEM #4.K RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT WITH SMELLY MEL’S PLUMBING, INC. FOR 2023 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $520,630 Background
At the August Council meeting when the request was made to advertise this project, I questioned how the list of pipe segments to be repaired was determined. None of the proposed 15 pipe segments were scheduled for pipe replacement in the Town’s recently updated 2023 Sanitary Sewer Management Plan (SSMP), required by the San Francisco Bay Regional Water Quality Control Board.

Four of the pipe segments were listed for “cast-in-place (CIPP)” spot repairs, a process that typically costs one-tenth as much as full replacement.

Prior to the August meeting, at their invitation, I met Mr. Kim and Mr. Liang and discussed their selection process and learned that it was driven primarily by the presence of roots and a segments appearance on the High Frequency Cleaning List. However, my analysis showed that half the recommended segments placed on the replacement list did not appear on the High Frequency Cleaning List and only four of the segments were listed on this year’s root foaming list. Root foaming is a cost-effective process used to kill and deter roots in a sewer system. Root foaming costs $1-2 per foot, and comes with a couple year guarantee, while replacing pipes costs on average around $300 per linear foot.

While the appearance of roots is a factor to consider, the SSMP capital improvement program (CIP) is required to be a systematic, risk-based, prioritization system that utilizes pipe condition assessment information to minimize the likelihood and impact of SSO’s. Other factors to consider for placing a pipe segment on the CIP schedule include identified hydraulic deficiencies; infiltration and inflow, maintenance history, number of defects within a segment, SSO history if any, and remaining useful life of the pipeline. With limited exceptions, these other factors were not identified as being considered in the current selection process.

Most importantly, the staff report requesting permission to advertise the project did not provide a holistic view of the sewer system’s condition. The report did not show how these recommended segments fit into the CIP plans for the whole system, the overall condition of the system, and the sufficiency of repair programs and funds to make short and long term needed repairs.

This Meeting’s Request for Award
Three pipe segments have been removed from the original list contained in the request to advertise. No explanation has been provided as to why these segments have been removed.

Supplemental No. 1
AGENDA ITEM #4.K
Distributed 10/19/23

The staff report states, “The selection of the sewer segments was based on the risk model developed using results of video inspection data and field noted follow-up from the Town’s sewer maintenance and operation contractor, West Bay Sanitary District.” As stated above, I do not believe their selection is based on a holistic risk model.

Alternate number three to be awarded is for a proposed new overflow pipe for the small O’Keefe pump station in the event power is lost to the station. There are more cost-effective solutions for this infrequent event that would not require spending $69,000. This project should not be undertaken until alternative, less costly solutions have been thoroughly investigated.

Recommendations
The Town needs to perform a systematic review and analysis of the entire sewer system which would result in a complete CIP list with priorities, which is what is required to be included in the SSMP. This list could then be costed and scheduled. The Public Works Department should also prepare an annual report that provides details on key performance indicators on the system condition, cleaning, imaging, and future CIP work. It appears that video inspection of pipe segments is not meeting stated goals, which is fundamental to system assessment.

It should be noted that the Town increased the annual sewer fee rate in 2022, in part, “To prevent maintenance cost increases the town plans to address deferred maintenance of our system by spending an average of $1.17M for the next five years and on year 6 that will go down to less than $500K.” Why is only $ 600,630 of rehabilitation work being proposed for FY’23? The price for rehabilitation work will only increase. This is the fourth year in a row where repair and rehabilitation spending are less than half the amount budgeted.

Background
At the August Council meeting when the request was made to advertise this project, I questioned how the list of pipe segments to be repaired was determined. None of the proposed 15 pipe segments were scheduled for pipe replacement in the Town’s recently updated 2023 Sanitary Sewer Management Plan (SSMP), required by the San Francisco Bay Regional Water Quality Control Board.

Four of the pipe segments were listed for “cast-in-place (CIPP)” spot repairs, a process that typically costs one-tenth as much as full replacement.

Prior to the August meeting, at their invitation, I met Mr. Kim and Mr. Liang and discussed their selection process and learned that it was driven primarily by the presence of roots and a segments appearance on the High Frequency Cleaning List. However, my analysis showed that half the recommended segments placed on the replacement list did not appear on the High Frequency Cleaning List and only four of the segments were listed on this year’s root foaming list. Root foaming is a cost-effective process used to kill and deter roots in a sewer system. Root foaming costs $1-2 per foot, and comes with a couple year guarantee, while replacing pipes costs on average around $300 per linear foot.

While the appearance of roots is a factor to consider, the SSMP capital improvement program (CIP) is required to be a systematic, risk-based, prioritization system that utilizes pipe condition assessment information to minimize the likelihood and impact of SSO’s. Other factors to consider for placing a pipe segment on the CIP schedule include identified hydraulic deficiencies; infiltration and inflow, maintenance history, number of defects within a segment, SSO history if any, and remaining useful life of the pipeline. With limited exceptions, these other factors were not identified as being considered in the current selection process.

Most importantly, the staff report requesting permission to advertise the project did not provide a holistic view of the sewer system’s condition. The report did not show how these recommended segments fit into the CIP plans for the whole system, the overall condition of the system, and the sufficiency of repair programs and funds to make short and long term needed repairs.

This Meeting’s Request for Award
Three pipe segments have been removed from the original list contained in the request to advertise. No explanation has been provided as to why these segments have been removed.

The staff report states, “The selection of the sewer segments was based on the risk model developed using results of video inspection data and field noted follow-up from the Town’s sewer maintenance and operation contractor, West Bay Sanitary District.” As stated above, I do not believe their selection is based on a holistic risk model.

Alternate number three to be awarded is for a proposed new overflow pipe for the small O’Keefe pump station in the event power is lost to the station. There are more cost-effective solutions for this infrequent event that would not require spending $69,000. This project should not be undertaken until alternative, less costly solutions have been thoroughly investigated.

Recommendations
The Town needs to perform a systematic review and analysis of the entire sewer system which would result in a complete CIP list with priorities, which is what is required to be included in the SSMP. This list could then be costed and scheduled. The Public Works Department should also prepare an annual report that provides details on key performance indicators on the system condition, cleaning, imaging, and future CIP work. It appears that video inspection of pipe segments

is not meeting stated goals, which is fundamental to system assessment.

It should be noted that the Town increased the annual sewer fee rate in 2022, in part, “To prevent maintenance cost increases the town plans to address deferred maintenance of our system by spending an average of $1.17M for the next five years and on year 6 that will go down to less than $500K.” Why is only $ 600,630 of rehabilitation work being proposed for FY’23? The price for rehabilitation work will only increase. This is the fourth year in a row where repair and rehabilitation spending are less than half the amount budgeted.

TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING DEDICATION OF PATHWAY EASEMENT FROM LANDS OF NEVENS AT 24142 SUMMERHILL AVENUE
FROM: WooJae Kim, P.E., Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a resolution (Attachment 1) accepting the dedication of a pathway (trail) easement from the Lands of Nevens located at 24132 Summerhill Avenue (APN 336-17-041) per the Grant of Pathway Easement with the legal description and plat map in Attachment 2.

BACKGROUND:

The Town has a five-foot wide pathway easement along the frontage of 24142 Summerhill Avenue. An additional five-foot width pathway easement is required for the Summerhill Pathway, an approved capital project in the FY2023-24 Operating Budget FY2024-2028 Five Year Capital Improvement Plan.

DISCUSSION:

Currently, staff is finalizing the design for the Summerhill Pathway, Phase 2 project from Nicole Lane to Magdalena Avenue. A majority of the Summerhill Avenue within the project site is in the jurisdiction of the County of Santa Clara, and an encroachment permit from the County is needed for the construction of Summerhill Pathway. In addition, pathway easements are required at private properties at 24142 and 24130 Summerhill Avenue for a continuous path along the corridor. While staff is still working with the property owners of 24130 Summerhill Avenue, the property owners of 24142 Summerhill Avenue (Nevens) agreed to grant the pathway easement.

Staff recommends that the City Council accept the Grant of Pathway Easement from the Lands of Nevens at 24142 Summerhill Avenue for the Summerhill Pathway. Summerhill Pathway is on the Town’s Master Path Plan and the dedication of pathway easement is consistent with the Pathways Element of the Town General Plan.

ENVIRONMENTAL REVIEW:

The addition of pedestrian and bicycle facilities is defined under California Environmental Quality Act (CEQA) Section 15301(c) as Categorically Exempt.

AGENDA ITEM #4.L

City Council Page 2
Dedication of Pathway Easement at 24142 Summerhill Avenue October 19, 2023
2023 CITY COUNCIL WORK PLAN:

This action is identified on the 2023 City Council Work Plan under “Improve Pathway System,” and it supports the council priority to Protect and Maintain Infrastructure.

FISCAL IMPACT:

There is no fiscal impact to this action. Construction of the Summerhill Pathway will be funded through the approved capital project. Once the Summerhill Pathway is built, the Public Works Department maintains the pathway.

ATTACHMENTS:

1. Resolution

2. Grant of Pathway (Trail) Easement, Legal Description, and Plat Report prepared by: Astha Khanal, EIT, Assistant Engineer

RESOLUTION NO. ____-23

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

ACCEPTING GRANT OF PATHWAY EASEMENT FROM LANDS OF NEVENS AT 24142 SUMMERHILL AVENUE
WHEREAS, T. Michael Nevens and Yvonne M. Nevens, Trustees of the Nevens Family 1997 Trust are the owners of the property located at 24142 Summerhill Avenue, Los Altos Hills, California; and
WHEREAS, owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use (“Pathway Easement”); and
WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;
Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to the staff report of this Resolution as Attachment 2.

Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway Easement.

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 19th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:____________________________
Linda G. Swan, Mayor
ATTEST:
_____________________________
Deborah L. Padovan, City Clerk
Attachment 1

Attachment 2

TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO PURCHASE A

BUCKET TRUCK FROM VERSALIFT, A TIME MANUFACTURING
COMPNAY, FOR A TOTAL AMOUNT NOT TO EXCEED $190,442
FROM: WooJae Kim, Public Works Director
Michael Schloetter, Maintenance Superintendent
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Adopt a resolution (Attachment 1) authorizing the City Manager to purchase a bucket truck (Versalift Model #SST-40-EIH) from Versalift, a Time Manufacturing Company, in an amount not to exceed $190,442.

BACKGROUND:

Through the FY2022-23 Operating Budget and FY2023-2027 Five Year Capital Improvement Plan, the City Council approved a General Fund appropriation of $160,000 to the capital program for the Bucket Truck Replacement. Due to rising costs of equipment, an additional $40,000 of General Fund appropriation was approved for the bucket truck replacement in the FY2023-24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan for a total budget of $200,000.

The previous Town bucket truck that had been in service for over 15 years reached the end of its service life and was sold as surplus equipment in 2022. The Public Works staff currently relies on rental equipment or small equipment and tools for aerial operations and maintenance in the Town’s public right-of-way for vegetation management, roadway corridor clearance, signage replacement, and any other vertically challenging tasks. Staff has determined that it would be more cost effective and efficient to replace the machinery rather than to continue to rent.

DISCUSSION:

To increase productivity, improve efficiency, and reduce the risk of work-related injuries, the Public Works maintenance team has a need for a bucket truck. This equipment will be able to perform work that would otherwise be performed by manual labor, contractors, or rental equipment. The purchase of this equipment will provide cost savings in the long run, as it will reduce labor hours and equipment rental costs.

Public Works staff researched several options for a new bucket truck and identified equipment specifications that would meet the Town’s needs. The new bucket truck would be fitted with a chipper box to store and haul chipped wood directly from work sites, lockable secure toolboxes, AGENDA ITEM #4.M

City Council Page 2
Purchase of Versalift Bucket Truck
October 19, 2023
LED warning and work lighting, traffic control cone holders, and other features. Staff initially contacted vendors such as Arbortech, Versalift, and CustomTruck directly but received no definitive quotes or responses mainly due to lack of inventory of such bucket truck equipment meeting Town specifications. Bucket trucks are currently in low supply due to supply chain issues but in high demand due to jurisdictions throughout the country dealing with extreme weather conditions increasing the need for aerial maintenance work as a result.

Staff also conducted a nationwide search of bucket trucks meeting Town specifications through Sourcewell, a public organization for government cooperative purchasing. Through Sourcewell, staff connected with a branch office of Versalift in Waco, Texas. Versalift (www.versalift.com) specializes in manufacturing and distribution of aerial lifts and bucket trucks with offices throughout the country. Versalift in Waco had in inventory a bucket truck (Model #SST-40-EIH) meeting Town specifications with a government cooperative agreement pricing of $190,441.72, which includes options, sales tax, and freight. The Town would be responsible for vehicle registration (or exemption) and any associated costs. After confirming the cooperative agreement (Contract #110421-TIM) through Sourcewell (https://www.sourcewell-mn.gov/cooperativepurchasing/110421-TIM), staff placed a deposit of $5,000 to reserve the bucket truck. Without a reservation, Versalift mentioned that their availability for a similar bucket truck may be over a year wait.

The Town Ordinance Section 2-4.08 on joint purchase with public agencies reads as follows:

Notwithstanding any other provision of this chapter, the City Manager may issue a joint purchase order [cooperative government purchasing], together with any other City, County, or other public agency in the State for the purchase of supplies, materials, equipment, or other personal property, provided that the City Council theretofore has approved specifications for any purchase of supplies, materials, equipment, or other personal property, the cost of which is five thousand dollars ($5,000.00) or more, and provided, further, that at least one of the other agencies has solicited or advertised for bids in a manner similar to the procedure set forth in Section 2-4.03 for any purchase in an amount less than five thousand dollars ($5,000.00) or in Section 2-4.04 for any purchase in an amount of five thousand dollars ($5,000.00), or more.”
The specifications for the bucket truck available through Versalift are as follows:
- 2022 Ram 5500 truck with a 45-foot boom
- Truck with a 6.7-liter diesel engine and an automatic transmission - Versalift articulating & telescoping aerial lift
- 40 feet platform height and 45 feet working height
- Telescoping upper boom fiberglass
- One manual tilt bucket (300lbs Cap)
- Lockable toolboxes
- seven-foot six-inch chipper box
- Cone holder
- LED warning and work lights with directional light bar.

City Council Page 3
Purchase of Versalift Bucket Truck
October 19, 2023
- Hydraulic brakes
- Traction tires
- Shipping in 30-60 days after the receipt of the order.

Staff recommends that the City Council approve the specifications of the Versalift bucket truck described herein and authorize the purchase for a total cost of $190,442 to be funded through the FY2023-24 Bucket Truck Replacement capital budget.

ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in the California Environmental Quality Act Guidelines.
2023 CITY COUNCIL STRATEGIC PRIORITIES:

This action is identified on the 2023 City Council Work Plan for “Equipment Purchase” to replace the bucket/boom truck under the council priority of “Protect and Maintain Infrastructure.” FISCAL IMPACT:

There is no new fiscal impact. The total project expenditure is within the City Council approved FY 2023-24 capital budget of $200,000 for the bucket truck.

ATTACHMENTS:

1. Resolution

2. Versalift Quotation dated 10/11/2023

RESOLUTION -23

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

AUTHORIZING CITY MANAGER TO PURCHASE A BUCKET TRUCK FROM

VERSALIFT, A TIME MANUFACTURING COMPNAY, FOR A TOTAL AMOUNT NOT TO EXCEED $190,442
WHEREAS, a total capital budget of $200,000 is approved for the bucket truck replacement in the FY2023-24 Operating Budget and FY2024-2028 Five Year Capital Improvement Plan; and WHEREAS, the previous Town bucket truck that had been in service for over 15 years and has reached the end of its service life back and was sold as surplus equipment in 2022; and WHEREAS, a nationwide search of a bucket truck meeting Town specifications was conducted through Sourcewell, a public organization for government cooperative purchasing; and WHEREAS, staff connected with Versalift, a Time Manufacturing Company, that specializes in the manufacturing and distribution of aerial lifts and bucket trucks with offices and distributors throughout the country; and
WHEREAS, Versalift in Waco, Texas had a bucket truck meeting Town specifications in inventory with a government cooperative agreement pricing of $190,441.72, which includes options, sales tax, and shipping.

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

1. The City Council approves the specifications of the Versalift bucket truck (Model #SST40-EIH) described in the staff report.

2. The City Council authorizes the City Manager to purchase Versalift bucket truck (Model #SST-40-EIH) in an amount not to exceed $190,442.

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 19th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By:____________________________
Linda G. Swan, Mayor
Attachment 1

ATTEST:
_____________________________
Deborah L. Padovan, City Clerk

Model: SST-40-EIH Metro Date: 9/14/2023
VERSALIFT.COM Page 1 of 3 Quote #:

N
N-24049
Versalift QUOTATION
7601 Imperial Drive
Waco, Texas 76712-6608 SOURCEWELL N-24049
254.399.2100
Customer: Town of Los Altos Hills Date: 10/11/2023
Attn: Michael Schloetter Model: SST-40-EIH
Email: [email protected] VERSALIFT SOURCEWELL Phone: 650-947-2542 CONTRACT #110421-TIM
Address: 26379 Fremont Rd.

Los Altos Hills, CA. 94022
Model Description Sourcewell Base Price
SST-40-EIH Insulated 39 ft. 8 in. (11.0 m) telescopic aerial platform lift, 45 ft. (13.72m) working height including the following items: $106,680.00 STANDARD SOURCEWELL FEATURES:
 Standard platform capacity of 350 lbs. (159 kg).
 Ford F550 4x2, 19,500 GVW, 84” CA chassis with diesel engine, automatic transmission, and air conditioning.132” steel service body with treadplate tops, standard compartments, and 24” tailshelf.  TruGuard™ dielectric isolating system with single stick control. All control handles are isolated and tested per ANSI 92.2. The high resistive dielectric system is protected from direct environmental and job related contamination. TruGuard™ technology incorporates the use of full hydraulic controls with durable metal handles and linkages. (4-axis control handle)
 Full pressure turret mounted lower controls including override.  Engine start/stop system with controls at platform and lower controls.  Rear torsion bars with additional 800 lbs counter weight for stability.  Three gpm (11.4 lpm) open center hydraulic system.
 Standard hydraulic oil.
 Fiberglass inner boom and patented ELECTROGARD provide 42 in. (1.07 m) insulation gap fully retracted meeting ANSI A92.2-2010 requirements for Category C, 46 KV and below.  ELECTROGARD and inner boom finished with white urethane paint over white gel coat.  Integral hydraulic oil reservoir with dual sight gauges and 15 gal. (56.8 l) capacity.  End mounted 24 in. x 24 in. x 42 in. (0.61 m x 0.61 m x 1.07 m) closed fiberglass platform with one curbside step.
 Master/slave hydraulic leveling with upper control for clean out and rescue.  Non-lube bearings used at all pivot points.
 Multi-link hose carrier system through booms.
 PTO power source.
 Boom cradle and ratchet type tie down strap.
 Mounting hardware for chassis/cab installation.
 Standard White Urethane Paint
 Two operator's manuals and two service manuals.
 5 lb. fire extinquisher.
 ANSI A92.2-2015 data plate.

Attachment 2

Model: SST-40-EIH Metro Date: 9/14/2023
VERSALIFT.COM Page 2 of 3 Quote #:

N
N-24049
SST40EIH Metro Chipper unit with the following specifications in addition to or lieu of the above SST40EIH aerial with service body and Dodge chassis, add $68,021.00 Truck Specs
• 2022 Ram 5500 4x4 in lieu of the Ford F550 4x2
• VIN# TBD
• 19,500lbs GVW (Under CDL)
• Cummins diesel engine
• Automatic Transmission
• Engine block heater
• Hydraulic Brakes
• Traction tires
• Power Equipment Group
• Air Conditioning-Radio-Bluetooth
Lift Specs
• Versalift Articulating & Telescoping SST40EIH aerial lift • S/N TBD
• 40ft Platform Height/45ft Working Height
• 27ft 9in Side Reach
• Dielectrically Insulated Booms
• Worm Gear Rotation Continuous - 360°
• Telescoping Upper Boom Fiberglass
• Articulating Lower Boom
• Padded Upper Boom Rest with Tie Down
• One Man Manual Tilt Bucket (300lbs Cap)
• Bucket 24” x 24” x 39” Deep with Hydraulic Leveling
• 3 Function Single Upper Control
• Emergency Stop with Safety Trigger
• Open Center Hyd. System/5GPM
• H-Frame Outriggers with Interlocks
• 12V Auxiliary Power for Let Down
• Individual Lever Lower Controls
Body Specs
• 7ft 6in Versalift Chipper Body in lieu of the 132” steel service body • Galvaneal steel body and toolboxes with anti-skid walking surface • Cab Guard & Access Steps
• Outrigger Pad Holders with Pads
• 4 Strobe Lights
• Wheel Chock Holders with Chocks
• LED Lights
• Pintle Hitch
• Electric Brake Controller
• 6 Pin and 7 RV Trailer Connector

Model: SST-40-EIH Metro Date: 9/14/2023
VERSALIFT.COM Page 3 of 3 Quote #:

N
N-24049
Additional Items Included”
Swivel cone holder for front bumper
Wheel chocks with holders with chain and safety clips
Outrigger pads with holders
6 point LED strobe lights. Two at front. Two at rear. One on each side Safety harness and lanyard
Vinyl bucket cover
Tac30 light bar at rear
Four (4) Whelen LED floodlights, black housing
QA / prep for delivery

TOTAL PRICE
TOTAL PRICE F.O.B. LOS ALTOS HILLS, CA: $174,701.00
SALES TAX: $ 15,740.72
COMPLETE TOTAL PRICE F.O.B. LOS ALTOS HILLS, CA.: $190,441.72 TERMS: Net 30 days. MSO sent after receipt of payment.

SHIPMENT: Approximately 30-60 days after receipt of order. Stock unit. Subject to prior sales.

Thank you for considering <VERSALIFT> to meet your utility equipment needs. We look forward to earning your business.

Best Regards,

STAN TOMCHESSON
Government Contracts Sales Coordinator
Phone: (254) 399-2167
Email: [email protected]

Resolution -23 Page 1
TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE APPLICATION FOR CONSTRUCTION OF 12823 LA BARRANCA ROAD SANITARY SEWER MAIN EXTENSION AND

THE SEWER CONSTRUCTION AND DEDICATION AGREEMENT
FROM: WooJae Kim, Public Works Director/City Engineer
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Approve the application for construction of La Barranca Road Sanitary Sewer Main Extension; and

2. Approve the Sewer Construction and Dedication Agreement for the project.

BACKGROUND:

Pursuant to Town Municipal Code Section 6-4.446 “Extension of sewer main facilities”, sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer. The Sewer Construction and Dedication Agreement transfers the ownership of the sewer main from the property owners to the Town after the sewer extension is complete.

DISCUSSION:

The property owner of 12823 La Barranca Road wishes to connect to Town’s sanitary sewer system by constructing a new eight-inch to 14-inch HDPE sleeve casing with a two-inch HDPE pressurized line within the public utility easement along the back property lines of 12823 and 12801 La barranca Road and public right of way on Purissima Road towards Concepcion Road.

The new sewer casing and pressurized line is about 560 feet long and will connect to an existing manhole located at the intersection of Conception Ave and Purissima Ave. Once the sewer main extension is constructed and before the acceptance of the project, the property owner wishes to enter into a cost reimbursement agreement with the Town for four neighboring properties that can share the sleeve casing for this project to connect to the Town’s sewer system in the future.

Staff has reviewed and approved the sewer application and design of the proposed sewer main extension. The construction for the project is expected to commence after the City Council adopts the resolution (Attachment 1), and once an encroachment permit is issued by the Town.

The Sewer Construction and Dedication Agreement (Attachment 2) is to ensure that the ownership and maintenance responsibilities of the newly constructed sewer main are properly transferred to the Town.

AGENDA ITEM #4.N

Staff Report to City Council Page 2
12823 La Barranca Road Sanitary Sewer Main Extension
October 19, 2023
2 ENVIRONMENTAL REVIEW:

The project site is not located in an environmentally sensitive area. Sanitary sewer line extension is defined under California Environmental Quality Act (CEQA) Section 15303(d) as a Class 3 Categorically Exemption.
2023 CITY COUNCIL WORK PLAN:

This action was not identified on the 2023 City Council Work Plan, but it supports the council priorities to “Maintain Quality of Life” and “Protect and Maintain Infrastructure.” FISCAL IMPACT:

There is no immediate fiscal impact associated with this recommendation. The sewer main will be installed per Town standards at the expense of the property owners. The newly constructed sewer main will become the Town’s asset, and the Town will assume maintenance responsibilities for the new sewer main.

ATTACHMENTS

1. Resolution

2. 12823 La Barranca Road Sewer Construction and Dedication Agreement

Resolution -23 Page 3
RESOLUTION -23

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE APPLICATION FOR CONSTRUCTION OF 12863 LA BARRANCA

ROAD SANITARY SEWER MAIN EXTENSION AND THE SEWER CONSTRUCTION

AND DEDICATION AGREEMENT
WHEREAS, pursuant to Los Altos Hills Municipal Code Section 6-4.446, sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer; and
WHEREAS, the Town of Los Altos Hills received an application from the property owners at 12823 La Barranca Road for construction of the 12823 La Barranca Road Sanitary Sewer Main Extension at applicant’s sole cost and expense for the benefit of applicant; and WHEREAS, the applicant desires to dedicate the 12823 La Barranca Road Sanitary Sewer Main Extension to the Town upon completion of installation; and WHEREAS, Town staff prepared the Sewer Construction and Dedication Agreement for the proposed work to ensure that the ownership and maintenance responsibilities of the newly constructed sewer are transferred to the Town; and
WHEREAS, the City Engineer has reviewed the application and plans for the project, and recommends that the Council approve the application and the Sewer Construction and Dedication Agreement for the proposed sewer improvements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby:

1. Approve the application for construction of the 12823 La Barranca Road Sanitary Sewer Main Extension.

2. Approve the Sewer Construction and Dedication Agreement for the 12823 La Barranca Road Sanitary Sewer Main Extension.

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 19th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Linda G. Swan, Mayor
Attachment 1

Resolution -23 Page 4
ATTEST:
______________________________
Deborah Padovan, City Clerk

SEWER CONSTRUCTION AND DEDICATION AGREEMENT
THIS SEWER CONSTRUCTION AND DEDICATION AGREEMENT (this
“Agreement”) is entered into asof., 2023, (“Effective Date”) by and between MICHAEL PANEPUCCI (“Applicants”), and the TOWN OF LOS ALTOS HILLS (“Town”), a California municipal corporation (collectively, the “Parties” and individually as “Party”).

RECITALS
A. Applicants are the owners of certain property located at 12823 La Barranca Road (APN 175-55-004) in the Town of Los Altos Hills, County of Santa Clara, State of California.

B. Applicants propose to construct a sanitary sewer main extension on Purissima Road to serve Applicant’s property at 12823 La Barranca Road. The location ofthe proposed sewer main is anticipated to locate on Purissima Avenue and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (“12823 La Barranca Road Sanitary Sewer Main Extension” or “Project”).

C. The plans and specifications and plans for the Project are more particularly described on Exhibit B attached hereto and incorporated herein by this reference (“Plans and Specifications”).

D. Section 6-4.446 of the Los Altos Hills Municipal Code provides that sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer, at applicant’s cost.

E. Applicants desire to construct the Project at Applicants’ sole cost and expense and for the benefit ofresidents on La Barranca Road, including the Applicants, but does not intend to include any additional present or future users to utilize the extension aside from the present and future owners of the Properties.

F. Upon completion of construction, Applicants further desire to dedicate and the Town desires to accept, the 12823 La Barranca Road Sanitary Sewer Main Extension to the Town, subject to final inspection by the Town.

G. It is the intention of the Parties to set forth the terms and conditions on which Applicants shall construct and dedicate the 12823 La Barranca Road Sanitary Sewer Main Extension to the Town and reimburse the Town for all related costs.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. Construction. Applicants shall construct the Project at their sole cost and expense, and in accordance with approved Plans and Specifications attached hereto and incorporated herein as Exhibit B, and in conformity with all applicable federal, state and local laws, rules, ordinances and 1 Attachment 2

regulations, including the Los Altos Hills Municipal Code. Applicants shall be required to obtain an encroachment permit from the Town and comply with all applicable terms and conditions of such permit, and shall also be responsible for obtaining any and all other required permits and other governmental approvals necessary for the construction and installation of the Project. IfApplicants fail to construct the Project in accordance with this Agreement, such failure shall constitute a breach of the Applicants’ obligations herein and the Town shall be entitled to enforce the Applicants’ bond or security as provided in Section 5 below.

2. Timing of Construction. Applicants shall complete construction ofthe Project no later than July 31, 2024.

3. Inspection and Acceptance by the Town. Upon completion of construction the Project by Applicants, the Town shall have the right to inspect, measure, survey, and test the Project for compliance with the approved plans and specifications.

4. Dedication. Upon final inspection and approval by the Town of the Project, Applicants shall deliver to the Town an irrevocable offer of dedication substantially in the same form set forth on Exhibit C attached hereto (“IOD”) offering the 12823 La Barranca Road Sanitary Sewer Main Extension to the Town; provided, however, the IOD shall be subject to, and not allow acceptance by the Town until, all of the conditions precedent in Sections 1-3 above are satisfied.

5. Provision of Security. Applicants agree to guarantee the completion of the Project and, as security for that guarantee, Applicants shall provide the Town with security, in the form ofa cashier’s check or bond, no more than one hundred percent (100%) of the estimated cost of constructing the Project as approved by the City Engineer. The Town shall release the security for completion of the sewer extension upon final inspection and approval by the Town. Applicants shall also file with the City a two (2) year warranty bond or equivalent security ian a form and in an amount, and with a surety acceptable to City, to warrant the Project against any defective work or labor done or defective materials furnished following the Project being accepted by the Los Altos Hills City Council.

6. Responsibility of Applicant. Applicants acknowledge and agree that they shall be responsible for the construction, maintenance, upkeep and any issues relating to the condition of the Project until such time that the sewer line has been dedicated to and accepted by the Town. Upon acceptance of dedication by the Town, the Applicants shall not have responsibility for the 12823 La Barranca Road Sanitary Sewer Main Extension line.

7. Indemnity. Applicants agree to indemnify, defend (with counsel approved by Town) and hold the Town and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs oflitigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, Applicants’ performance of their obligations under this Agreement prior to the Town approving and accepting dedication of the 12864 La Barranca Road Sanitary Sewer Main Extension.

Applicants’ indemnification obligations set forth in this Section shall not apply to the extent of Claims arising from the gross negligence or willful misconduct of the Indemnitees. 2

8. Waiver of Claims for Potential Subsequent Users and Reimbursements. Applicants hereby on behalf ofthemselves and their respective successors and assigns, knowingly andvoluntarily release and forever discharge, to the full extent permitted by law, the Town, of and from, any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, including attorney’s fees, and compensation whatsoever, relating to any potential subsequent sewer users of the 12864 La Barranca Road Sanitary Sewer Main Extension line, including any claims to collect any future sewer future user fees and reimbursements. Applicants further agree not to sue, file a claim, or institute any other proceedings against the Town for any and all liability, claims, loss, damages, expenses and costs related to any claim that may be filed for the collection of subsequent sewer user reimbursements or fees.

9. Cost Reimbursement. Applicants assume full responsibility for all costs incurred by the Town in relation to the administration of this Agreement, including, but not limited to, charges for outside consultants such as the Town's consulting engineer and the City Attorney, among others. A Cost Reimbursement Agreement will be considered before acceptance of the Project.

10. Defaults. In the event a Party believes another Party has breached any provision of this Agreement, the non-defaulting Party shall give written notice to the defaulting Party specifying the grounds of the alleged breach. The defaulting Party shall have thirty (30) days to cure the alleged breach or begin cure ifthe breach cannot be cured within thirty (30) days and shall diligendy continue to cure until complete. In the event a breach is not cured within the time provided or fails to diligently continue to cure, the defaulting party shall be deemed in default.

11. Amendment. This Agreement or any portion hereof may be amended or modified, except where otherwise provided in this Agreement, only by mutual consent of the Parties in writing.

12. Termination. This Agreement shall automatically terminate upon the Town accepting the dedication of the 12864 La Barranca Road Sanitary Sewer Main Extension. After termination, the Parties shall execute such additional documents as are reasonably required by a title company to remove this Agreement as an encumbrance.

13. Successors and Assigns. The covenants, obligations and agreements contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns, successors-in-interest, as the case may be.

14. Notices. All written notices required to be given pursuant to the terms hereof shall be sent by (a) personal delivery, (b) a nationally recognized overnight courier service, or (c) United States first class mail, registered or certified return receipt requested and postage prepaid as expressly provided herein.

All notices shall be addressed as follows:

To Town: Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: City Manager
3

To Applicants: Michael Panepucci
12823 La Barranca Road,
Los Altos Hills, CA 94022
The foregoing addresses may be changed by written notice. All notices shall be deemed received upon receipt or the date indicated on any return receipt or other receipt of dehvery.

15. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understandings.

16. No Beneficiaries. No third party, individual, organizations, persons or entity besides the Parties to this Agreement has any rights or remedies under this Agreement.

17. Incorporation. The recitals set forth above and exhibits attached hereto and referred to herein are incorporated into this Agreement.

18. Governing Law. This Agreement shall be enforced and interpreted under California’s laws and judicial decisions without giving effect to its conflicts oflaw provisions.

19. Headings. Section headings are for reference purposes only and do not affect this Agreement.

20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

This Agreement may be delivered to the all Parties by facsimile or other form of electronic transmission.

21. Severability. If any part of this Agreement is invalid or unenforceable, then the remainder of this Agreement shall remain valid and enforceable and in force and effect.

22. No Waiver. A waiver by any Party of a default by another Party is only effective against a Party that waives such default in writing and shall not be construed as a waiver of any other default.

23. Knowing and Voluntary Execution. Both parties to this Agreement have had the opportunity to be advised by and to have this Agreement reviewed by legal counsel oftheir choosing.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written by their duly authorized representatives. 12823 La Barranca Road Property Owners
Michael Panepucci
4

TOWN OF LOS ALTOS HILLS
By:------------------------------------------------------------- Peter Pirnejad
City Manager
APPROVED AS TO FORM:

Steve Mattas
City Attorney
ATTEST:

City Clerk
5

EXHIBIT A
P.M. 136-M-2
[see attached]
EXHIBIT “A”
-1-

EXHIBIT B

PLANS AND SPECIFICATIONS
[see attached]
EXHIBIT “B
-1-

STOP
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

REQUIRED DRAINAGE INSPECTIONS

THE TOWN OF LOS ALTOS HILLS REQUIRES LEA & BRAZE
ENGINEERING, INC. TO INSPECT ALL STORM DRAINAGE AS IT
IS INSTALLED. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
CONTACT LEA & BRAZE ENGINEERING, INC. PRIOR TO START

OF CONSTRUCTION TO SET UP A PRE-CONSTRUCTION
MEETING, AND TO CALL AT LEAST 48 HOURS IN ADVANCE OF
ANY INSPECTIONS. PIPES ARE TO REMAIN UNCOVERED
UNTIL AN INSPECTION OCCURS.

POINT OF CONTACT:

PETER CARLINO
LEA & BRAZE ENGINEERING, INC.
(510)887-4086 [email protected]

“ ” ” “ ” ”

·····

STOP

STOP

DATUM ELEV
325.00
STOP
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

STOP

DATUM ELEV
325.00
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

STOP

DATUM ELEV
325.00

DATUM ELEV
325.00
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

EXHIBIT C

IRREVOCABLE OFFER OF DEDICATION
This Document Is Recorded
For the Benefit ofthe
Town ofLos Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

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

OFFER OF DEDICATION

TO THE TOWN OF LOS ALTOS HILLS
(Landsof)
THIS DEDICATION is made this day of , 202_, by
(“Owners”), the owners ofthe property located
at 12823 La Barranca Road Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation (“Town”).
at
Section 1. Owners do hereby offer to dedicate to Town a sewer main extension located , situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit B attached hereto (“Dedication”).

Section 2. The Town hereby accepts this Dedication.

IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows:

EXHIBIT “C”
-1-

OWNERS:

Date:

TOWN OF LOS ALTOS HILLS:

Date:

Linda G. Swan, Mayor
Michael Panepucci
12823 La Barranca Road Property Owners
ATTEST:

Deborah L. Padovan, City Clerk
-2-

TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
___________________________________________________________________________ SUBJECT: RESOLUTION ACCEPTING 2022 SANITARY SEWER REPAIR AND

REPLACEMENT PROJECT
FROM: WooJae Kim, Public Works Director
Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
____________________________________________________________________________ RECOMMENDATION: That the City Council:

1. Approve the attached resolution accepting the 2022 Sanitary Sewer Repair and Replacement Project performed by C2R Engineering, Inc. as completed.

2. Authorize the release of the final retention payment to C2R Engineering, Inc.

3. Direct the City Clerk to file a Notice of Completion.

BACKGROUND:

The annual sanitary sewer repair and rehabilitation program is to maintain and improve the Town’s sanitary sewer system to allow safe and reliable conveyance of wastewater to the Palo Alto Regional Water Quality Control Treatment Plant through the collection systems of the Cities of Palo Alto and Los Altos. The annual project replaces damaged and deteriorated sanitary sewer main pipes located within street right of way and easement areas at various locations throughout the Town.

The 2022 Sanitary Sewer Repair and Replacement Project (Project) included repair and rehabilitation of approximately 1,178 linear feet of sewer main pipe segments, including 798 linear feet in the base bids and 380 linear in bid alternates. The primary pipe replacement method is trenchless in-line pipe replacement by pipe bursting and/or reaming, and open trench excavation for spot repair locations. The selection of the sewer segments was based on the risk model developed using results of video inspection data and field noted follow-up from the Town’s sewer maintenance and operation contractor, West Bay Sanitary District.

On December 15, 2022, the City Council approved the Plans and Specifications for the 2022 Sanitary Sewer Repair and Replacement Project (Project) and authorized staff to advertise the project for formal bid.

On March 16, 2023, the City Council awarded the Project to the lowest responsible bidder, C2R Engineering, Inc. and authorized the City Manager to execute a construction agreement not to exceed $532,220 including contingency.

AGENDA ITEM #4.O

Staff Report to City Council Page 2
Acceptance of 2022 Sanitary Sewer Repair and Replacement October 19, 2023
DISCUSSION:

The construction agreement for the Project was executed on March 22, and the Notice to Proceed construction work was issued on April 14, 2023. The inspection of the construction work was performed by Public Works Engineering staff with project administration support services from an external firm, MJT Kougar, LLC.

The final contract expenditure for C2R includes eight (8) contract change orders - two (2) for project descoping in the amount of $80,550 and six (6) contract change orders for additional work in the amount of $76,800.32.

The 2022 Sanitary Sewer Repair and Replacement Project work was substantially completed on June 23. After the completion of punch list items and negotiating the final change order amounts, the Project is now deemed completed. Below is the project account summary:

Approved Actual
Total Approved Construction Budget $ 532,220.00
Original Contract Amount $ 467,220.00
Adjustment Due to Changed Quantities $ (6,650.00)
Contract Change Orders (C2R Engineering) $ (3,749.68)
Total Project Expenditure $ 456,820.32
Staff recommends that the City Council accept the 2022 Sanitary Sewer project by C2R to be completed and allow the remittance of the five percent retention to the contractor 35 days following the project acceptance. A Notice of Completion will be filed for the project upon approval by the City Council.

ENVIRONMENTAL REVIEW:

Repair and maintenance of publicly owned utilities used to provide sewerage is defined under California Environmental Quality Act (CEQA) Section 15301(b) as Categorically Exempt. 2022 CITY COUNCIL WORK PLAN:

This action was not identified on the 2022 City Council Work Plan, but it supports the council priorities to “Maintain Quality of Life” and “Protect and Maintain Infrastructure.” FISCAL IMPACT:

The total project expenditure with C2R will be within the City Council approved budget of $532,220 for the 2022 Sanitary Sewer Replacement and Repair project.

ATTACHMENTS:

1. Resolution

2. Notice of Completion

RESOLUTION -23
A RESOLUTION ACCEPTING THE 2022 SANITARY SEWER REPAIR AND

REPLACEMENT PROJECT AS COMPLETE, AUTHORIZING FINAL RETENTION

PAYMENT TO THE CONTRACTOR, AND DIRECTING THE CITY CLERK TO FILE

NOTICE OF COMPLETION
WHEREAS, on December 15, 2022, the City Council approved the Plans and Specifications for the 2022 Sanitary Sewer Repair and Replacement Project and authorized staff to advertise the project for formal bid.

WHEREAS, on March 16, 2023, the City Council awarded the project to the lowest responsible bidder, C2R Engineering, Inc., and authorized the City Manager to execute a construction agreement not to exceed $532,220 including contingency; and WHEREAS, construction agreement was executed on March 22, and the work started on April 14, 2023; and
WHEREAS, the project was substantially completed on June 23, 2023; and WHEREAS, the total project expenditure for the contracted work by C2R Engineering is $456,820.32, which is below the amount authorized by the City Council; and WHEREAS, Staff recommends that the City Council accept the 2022 Sanitary Sewer Repair and Replacement Project by C2R Engineering as completed and allow the remittance of the five percent retention to the contractor 35 days following the project acceptance.

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

Section 1. As recommended by staff, the City Council accept the 2022 Sanitary Sewer Replacement and Repair Project by C2R Engineering, Inc. as complete and authorize staff to make the final retention payment concerning the above-described work.

Section 2. The City Clerk is hereby directed to file the notice of the completion of said project with the County Recorder of the County of Santa Clara, within ten (10) days from the date of this Resolution.

The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of October 2023 by the following vote:

AYES:

NOES:

Attachment 1

ABSTAIN:

ABSENT:

By:

Linda G. Swan, Mayor
ATTEST:

Deborah L. Padovan, City Clerk

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

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that C2R Engineering, Inc. on March 22, 2023, entered into a contract for the 2022 Sanitary Sewer Replacement and Repair project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.

On the 19th day of October 2023, the work provided to be done under the contract was fully completed with the terms of the contract.

NOTICE IS FURTHER GIVEN that the public board for whom the above-described work was done is the City Council of the Town of Los Altos Hills, a municipal corporation of the State of California, and that the name and address of the political subdivision for which the abovedescribed work was done is the Town of Los Altos Hills, State of California, Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022.

NOTICE IS FURTHER GIVEN that the name of the contractor by whom the abovedescribed work was done is as follows:

CONTRACTOR: C2R Engineering, Inc.

Wei Lien Liang
Utility Engineering Manager
Town of Los Altos Hills
DATE:

Attachment 2

I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.
___________________________________
Deborah Padovan, City Clerk
Date: _______________
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022

From: allan epstein
To: Deborah Padovan
Cc: WooJae Kim
Subject: AGENDA ITEM #4.O RESOLUTION ACCEPTING 2022 SANITARY SEWER REPAIR AND REPLACEMENT PROJECT Date: Thursday, October 19, 2023 2:38:51 PM
Hi Deborah,
Please attach these comments to the Agenda for today’s Council meeting.

Thank you.

Best,
Allan
AGENDA ITEM #4.O RESOLUTION ACCEPTING 2022 SANITARY SEWER REPAIR AND REPLACEMENT

PROJECT
The Staff report states, “The final contract expenditure for C2R includes eight (8) contract change orders - two (2) for project descoping in the amount of $80,550 and six (6) contract change orders for additional work in the amount of $76,800.32.”
This statement is accurate but does not convey the significance of the changes. Nineteen pipe segments were to be addressed in the original project. Ten of the nineteen pipe segments (53%) were “descoped”. No explanation is provided as to why these ten segments were descoped, whether it was determined that no work was required to be done or whether these projects will still need to be completed at a future time. Considering that almost the same amount of money was spent as was originally contracted to complete 19 segments, it would be important to understand the circumstances for these changes.

It should be noted that the Town increased the annual sewer fee rate in 2022, in part, “To prevent maintenance cost increases the town plans to address deferred maintenance of our system by spending an average of $1.17M for the next five years and on year 6 that will go down to less than $500K.” Why was only $456,820.32 of rehabilitation work done in FY’22? The price for rehabilitation will only increase.

Supplemental No. 1
AGENDA ITEM #4.O
Distributed 10/19/23

rehabilitation will only increase.

TOWN OF LOS ALTOS HILLS

MEMORANDUM
DATE: October 19, 2023
TO: Honorable Mayor and Council Members
FROM: Bradley Evanson, Community Development Director
RE: Notification of Fast Track Approval – Lands of Yuan At the October 3, 2023 Fast Track Site Development Hearing, the following application was approved:
25661 La Lanne Court – File #SD23-0022 – Lands of Yuan
Site Development Permit for a new 6,125 square-foot one-story residence with attached garage, 800 square-foot detached ADU and associated site improvements.

CEQA review: Categorical Exemption per Section 15301(1)(1) and 15303(a) Project Planner: Jonathan Fox
Public notice of the hearing was sent on September 22, 2023 to all properties within 500 feet and posted on the site. Copies of the Fast Track Fact Sheet, Fast Track Hearing Report and conditions of approval are attached.

If you wish to appeal this application and review it at a future City Council meeting, you may indicate your intention to appeal in a written request to the City Clerk by 4:00 p.m. on October 24, 2023.

AGENDA ITEM #4.P

Town Of Los Altos Hills October 3, 2023
Fast Track Hearing Fact Sheet
Project Description: New 6,125 square-foot one-story residence with attached garage, 800 square-foot detached ADU, and associated site improvements.

File Number: SD23-0022
Site Address: 25661 La Lanne Court
Owner(s): Richard & Melody Yuan
Staff Planner: Jonathan Fox, Assistant Planner
Site Data
Net Lot Area: 1.04 acre
Average Slope: 6.6%
Lot Unit Factor: 1.04
Floor and Development Area (square footage):

Area Type Maximum Existing Proposed Increase Remaining
Development 15,600 11,677 12,297 620 3,303
Floor 6,240 3,728 6,125 2,397 115
Height: Maximum Proposed
On Vertical Plane 27 ft. 22’-6” ft.

Lowest to Highest 35 ft. 22’-6” ft.

Setbacks: Minimum Proposed
Front 40 ft. >51’-6” ft.

Sides 30 ft. >30’-3” ft.

Rear 30 ft. >144’-0” ft.

Exterior Materials: Stucco and stone veneer walls, flat membrane roofing system.

Parking: Required spaces: 5, 4 out of setbacks.

Proposed: 5 (2 garage spaces), 4 out of setbacks.

Fast Track Points: 8 (Less than 15 points required to be eligible for Fast Track) Grading: Cut: 160-CY Fill: 75-CY Export: 85-CY
Sewer/Septic: Public Sewer
Environmental Design Committee: EDPC recommended removal of a large eucalyptus tree due its flammability, breakability, and invasiveness. Recommended more eco-friendly alternative to artificial turf such as low-water native grasses. The Committee provided comments on parking requirements, hardscape, exterior lighting, and the noise level from Foothill Expressway. These items have been addressed in subsequent plan revisions.

Open Space Committee: No comments received.

Pathway Committee: No comments received.

Town of Los Altos Hills October 3, 2023
Fast Track Hearing Report
Project Description: New 6,125 square-foot one-story residence with attached garage, 800 square-foot detached ADU, associated site improvements.

File Number: SD23-0022
Address: 25661 La Lanne Court
Owner(s): Richard and Melody Yuan
Staff Planner: Jonathan Fox, Assistant Planner
Attendance:

Bradley Evanson, Community Development Director
Jonathan Fox, Assistant Planner
Richard and Melody Yuan, Property Owners
Eric Keng, Project Architect
Birgitta Indaco, Planning Commission
Carol Gottlieb, Environmental Design & Protection Committee (EDPC) Elizabeth Loinaz, Environmental Design & Protection Committee (EDPC) Tim McBirney, Town Intern
Project Issues: Public comments provided by EDPC members Carol Gottlieb and Elizabeth Loinaz and Planning Commissioner Birgitta Indaco echoed concerns written in the EDPC memo.

The Director approved the project with specific conditions to address the concerns.

Conditions of Approval:
• Standard conditions of approval.
• Project-specific condition to reduce ADU exterior lighting per ADU Ordinance. • Project-specific condition to relocate existing pool equipment outside of the side yard setback. • Project-specific condition to remove illuminated address numbering. • Project-specific condition to remove a eucalyptus tree per Town’s landscape guidelines.

Action:

File # SD23-0022 (Lands of Yuan) was approved at the October 3, 2023 Fast Track Site Development Hearing subject to the attached conditions and a 21-day appeal period. 10 / 6 / 23
Bradley Evanson, Community Development Director Date
For questions or additional information, contact project planner Jonathan Fox by phone at (650)- 947-2504 or by email at [email protected].

26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: (650) 941-3160 October 5, 2023
Eric Keng
[email protected]
*EMAIL ONLY
RE: New Residence, Detached ADU
25661 La Lanne Court
File #SD23-0022
Dear Property Owner:

Thank you for submitting plans for a Site Development Permit for a new residence at 25661 La Lanne Court, Los Altos Hills. Your request for a Site Development Permit for the above referenced project was approved by the Community Development Director at the October 3, 2023 Fast Track Meeting. The approval is subject to the following conditions:

PLANNING:

1. No other modifications to the approved plans received September 7, 2023 are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes.

2. All conditions of approval shall be printed on plans submitted for building permit plan check.

3. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.

4. Exterior lighting is approved as shown on the plans. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures. Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens. No lighting may be placed within setbacks except two driveway or entry lights.

5. Prior to building permit issuance, the construction drawings (Sheet SK-2.4 – ADU Exterior Elevations) shall be revised to reduce the quantity of exterior light fixtures at the ADU for Community Development Department staff review and approval. The intent of this condition is to ensure compliance with the Town’s ADU Ordinance.

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

6. Prior to building permit issuance, the construction drawings (Sheet SK-1 – Site Plan) shall be revised to relocate the existing pool equipment outside of the drainage easement and 30- foot side yard setback for Community Development Department staff review and approval.

The plans shall identify noise attenuation measures, such as an enclosure, to mitigate potential noise impacts to adjacent properties.

7. Prior to building permit issuance, the construction drawings (Sheet SK-3.1 – Exterior Elevations) shall be revised to remove the illuminated address numbering or demonstrate that the feature is a requirement of the Fire Department for Community Development Department staff review and approval.

8. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Site Development Committee. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets.

All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code. The landscape plan shall identify the removal of the Eucalyptus tree within 150 feet of the proposed residence as noted in the Environmental Design and Protection Committee memo dated June 27, 2023.

9. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, the applicant shall furnish staff with the last 12 months of water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.

10. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.

11. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new residence complies with the 27’ maximum structure height, measured as the vertical distance at any point from the bottom of

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

12. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the residence and roof eaves, are no less than 40’ from the front property line and 30’ from the side and rear property lines.” The elevation of the new residence shall be similarly certified in writing to state that “the elevation of the new residence matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

13. The property owner shall remove all Stinkwort from the entire property and in the road rightof-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project.

14. Roof eaves of all structures shall not encroach into the required side and rear yard setbacks.

The roof eaves shall be shown on the site and civil plans in the construction drawings.

15. No new fencing is approved with this site development permit. Any additional or modified fencing or gates shall require review and approval by the Community Development Department with the required landscape screening plan and prior to installation.

16. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Community Development Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.

17. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.

18. Fire retardant roofing (Class A) is required for all new construction.

19. All space heating and water heating systems installed in a new residence and/or detached habitable building shall be all-electric systems. Gas or propane heating systems are not permitted. If gas cooking or clothes drying appliances are installed, then dedicated electrical receptacles and circuits will be required to allow for future electric appliances. Fireplaces and all outdoor gas appliances are excluded from these requirements.

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

20. All construction shall comply with 2019 California Green Building Standards Code, Part 11, Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.

21. All construction shall comply with Section R337 of the 2019 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).

22. All properties shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a copy of the receipts.

ENGINEERING DEPARTMENT

23. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

24. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.

25. All public utility services serving the new residence and ADU shall be placed underground.

The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.

26. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Community Development Director two weeks prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on La Lanne Court, and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since they have a franchise with the Town and no other hauler is allowed within the Town limits.

27. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways two weeks prior to acceptance of plans for building plan check.

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

28. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for building plan check.

29. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer hookup permit shall be required by the Town’s Public Works Department prior to acceptance of plans for building plan check. An encroachment permit shall be required by the Town’s Public Works Department for all work proposed within the public right of way prior to start work.

30. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.

31. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.

32. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.

33. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection.

34. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways prior to final inspection.

FIRE DEPARTMENT

38. Fire Apparatus Turnaround Required: Provide an approved fire department engine driveway turnaround with a minimum radius of 40 feet outside and 23 feet inside. Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with Fire Department Standard Details and Specifications D-1. CFC Sec. 503 Driving surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg).
a. Turnaround A shown on sheet SK-1.
b. Manufacturer’s specifications did not clearly indicate if they were capable of meeting the minimum loading capacity of 75 pounds.

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

c. Licensed engineering certification required confirming the proposed pavers are capable of supporting the minimum loading capacity of 75k pounds. Certification will be required prior to building permit approval.
d. Building permit plans need to demonstrate where a fire department turnaround sign will be provided and installed.

39. Required Fire Flow: The minimum required fire flow for this project is 1,000 Gallons Per Minutes ince an automatic fire sprinkler system will be installed. Letter received. Hydrant is capable of meeting fire flow.

40. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all Sprinklers are required for both the primary residence and the ADUs. a. Note on sheet SK-0.

41. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

42. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.

43. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.

33. Project approval may be appealed if done so in writing within 21 days of the date of the approval.

Approval Letter – New Residence
File #SD23-0022
October 5, 2023

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

Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.

NOTE: The Site Development permit is valid for one year from the approval date. All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.

I can be contacted at (650) 947-2504 or by e-mail at [email protected] if you have any questions regarding these conditions. Thank you.

Sincerely,
Jonathan Fox
Assistant Planner

TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
SUBJECT: DISCUSSION AND POSSIBLE ACTION TO RESCHEDULE THE

NOVEMBER 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 November and potentially cancel the regular meeting and schedule a special meeting as deemed appropriate.

BACKGROUND:

At the August City Council meeting, the City Council granted Mayor Swan’s request to Attend the National League of Cities Meeting on November 16-18, 2023 in Atlanta, Georgia. Mayor Swan will be out of the area on the regular meeting date of November 16th and has requested the City Council consider canceling the November 16, 2023, regular City Council meeting and schedule a special City Council meeting for Monday, November 13, 2023.

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.

FISCAL IMPACT:

There is no fiscal impact in rescheduling the November City Council meeting.

AGENDA ITEM #5.A

TOWN OF LOS ALTOS HILLS October 19, 2023
Staff Report to the City Council
SUBJECT: CONSIDERATION OF REMOVING THE AVIDANO HOME (PROPERTY AT 12871 ARTHERTON COURT) FROM THE INVENTORY OF HISTORIC SITES AND STRUCTURES IN APPENDIX 4A OF CONSERVATION ELEMENT OF GENERAL PLAN; DETERMINATION REGARDING CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA): EXEMPTION UNDER
SECTION 15061(B)(3).

FROM: Brad Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council take the following actions:

1. Conduct a public hearing, consider all evidence and testimony, and adopt a Resolution approving or denying the request to remove the Francis Avidano Home from the Town’s Inventory of Historic Sites and Structures.

BACKGROUND
The subject property is a 1.46-acre parcel located at the westerly intersection of Atherton Court and Robleda Drive. The subject property contains a 2,567 square foot single family residence, a detached garage, several sheds, multiple varieties of fruit trees, and a small vineyard. The original residence was constructed in 1910 and appears to have received several additions and alterations since it was originally constructed.

Figure 1: 12871 Atherton Court aerial Source: Google Maps AGENDA ITEM #6.A

Staff Report to the City Council Page 2
12871 Atherton Court – Francis Avidano Home
October 19, 2023
The formal request to remove the property from the Inventory of Historic Sites and Structures list (Appendix 4a) was submitted on August 21, 2023. This was after the property owner, Mr. Anthony Scott, was negotiating an offer to sell the property, only to have the buyer discover that the property appeared to be in the Town’s Inventory of Historic Sites and Structures. It was suspected that the Francis Avidano Home, which is listed in the Inventory, is the same property as 12871 Atherton Court. Because of this, there is a perception that there are regulations and restrictions related to alterations or renovations that apply to the property, and potential buyers of Mr. Scott’s home have included contingencies in the offer that request that the home be removed from the Inventory.

Inventory of Historic Sites and Structures and Landmark Designations There are two separate processes by which the Town manages historic buildings and properties.

The first is the Inventory of Historic Sites and Structures. This list of buildings and properties is an informational database attached to the General Plan as Appendix 4a to the Conservation Element, and it provides basic but often incomplete information about locations and buildings that have some historical significance or relevance to Los Altos Hills and the surrounding area. Sites or structures can be nominated for inclusion in the inventory by the public, the History Committee, or the Town Council. The Council would then conduct a public hearing and consider adopting a resolution to amend the list to include the proposed site. Existing entries could be updated, corrected, or removed by a similar process. When the list was first envisioned and subsequently incorporated into the General Plan in the 1970s, most of the private property addresses were not included in the Inventory. This was to preserve some privacy for the property owners. As such, while proposed amendments to the Inventory received the Town-wide public noticing required for public hearings pertaining to issues affecting the entire Town, specific property owners and their neighbors were never notified that their properties were included in the Inventory. Over the years, the Council has considered and adopted amendments to the Inventory, with the most recently approved amendments being adopted in 2007. There was an attempt to amend the Inventory in 2018-2019, and the proposed amendments were adopted but then rescinded in the same meeting.

At that time, the direction was to add as many addresses as possible to the items in the Inventory so that the property owners and surrounding properties would receive specific notice that their properties were included or proposed for inclusion in the Inventory of Historic Sites and Structures.

Then this follow up would be considered at a future Council meeting. A review of past Council agendas, minutes, and videos confirms that the follow up hearing never took place, and as such the Inventory currently attached to the General Plan is the one adopted in 2007. Per General Plan Historic Sites and Structures section of the Conservation Element:
…the historic significance of all sites should be evaluated prior to development. At a minimum, if the site is found to be of some historic significance, provision for historic commemoration should be required as part of development. In addition, the Town should establish a program for the evaluation and preservation of historical sites.

Program 10.1 of the Conservation Element states that the Town should continue to develop a comprehensive inventory and map of historically significant sites and structures, to be reviewed and updated on a regular basis. This is the Inventory of Historic Sites and Structures, and it is a tool used by Community Development staff to review development applications that are submitted.

If a property or building is determined to be of historic significance, the application is circulated to the History Committee for their review and comment on the application, much as the Open

Staff Report to the City Council Page 3
12871 Atherton Court – Francis Avidano Home
October 19, 2023
Space or Pathways Committees review and comment on development applications. Beyond the suggestion that proposed development sites should be reviewed for historic significance, no development regulations or restrictions are imposed on a property included in the Inventory of Historic Sites and Structures.

The second process is the Landmark Designation process outlined in Chapter 11 of the Town’s Municipal Code. This is where a property is nominated to be designated as a Los Altos Hills Landmark. The Council would then consider the request during a duly noticed public hearing notifying the property owner and all property owners within a 500-foot radius around the subject property and adopt an ordinance designating the subject site as a Los Altos Hills Landmark. The ordinance designating the property as a landmark would then be recorded against the property by the Santa Clara County Recorder’s office. Once so designated, alterations, additions, renovations, or demolition of any structures or improvements on the subject property would be subject to issuance of a Landmark Alteration Permit to be issued by the Town Council. Removal of a Landmark Designation would follow a similar process as the establishment of a designation. This process is effectively the local equivalent to a property entering into a State of California Mills Act agreement or being recorded on the National Historic Registry.

While both the General Plan Inventory of Historic Sites and Structures and the Landmark Designation processes are focused on sites and buildings relevant to the history of Los Altos Hills, they are separate and independent processes. The Inventory list in Appendix 4a of the General Plan is simply an informational database that imposes no regulations or restrictions on anything included in the Inventory. It does provide a tool for the Town to assess any sort of development proposal as to whether it could be located on or affect a historically significant site or building, but otherwise does not regulate or restrict development activity on a property. The Landmark Designation process does include specific requirements that any proposed modifications to a Landmark Designation property or structure would require consideration and approval of a Landmark Alteration Permit by the Town Council.

Francis Avidano Home – 12871 Atherton Court
The Francis Avidano Home has been included in the Inventory list since 1976. Unfortunately, the description as initially and currently included in the Inventory list is fairly vague and does not specifically identify the actual location of the Avidano home. Anecdotally, it was suggested that the actual address of the Francis Avidano Home was 12871 Atherton Court. After much research by staff, History Committee members and Planning Commissioners, and staff from the Los Altos History Museum, photographs and other documents have been located that demonstrate that 12871 Atherton Court is the location of the Francis Avidano Home. The subject parcel was originally

12.37 acres in size, created as Lot 16 of the M&M Taaffe Subdivision in 1897, and the residence on that parcel was originally constructed in 1910. Archived building permit records dating back to the incorporation of Los Altos Hills in the 1950s cover items ranging from new water heaters to building additions. All have addresses listed as some variation of 12871 Robleda Avenue, until well into the 1970s, when the address changed to 12871 Atherton Court. This corresponds to the approval of Subdivision Tract 5624 in 1976, which subdivided the 12.37 acre parcel into six residential lots, with the Avidano Home occupying Lot 1 with the updated address of 12871 Atherton Court. Current photos of the property compared to the historic photos show that the

Staff Report to the City Council Page 4
12871 Atherton Court – Francis Avidano Home
October 19, 2023
property has been altered, received additions, and other renovations, but the location and basic design appear to show the same property and residence.

Object ID 1981.737.001 (Florence Fava’s Scrapbook) – courtesy of Los Altos Hills History Museum

Staff Report to the City Council Page 5
12871 Atherton Court – Francis Avidano Home
October 19, 2023
Current Photo of 12871 Atherton Court – courtesy of Paul Kuckein As has been discussed, the Francis Avidano Home is included in the Inventory of Historic Sites and Structures. It has not been designated as a Los Altos Hills Landmark property. A review of Council actions, minutes, meeting video, etc., has not turned up any indication that the Avidano Home was ever nominated for a Landmark Designation. Similarly, there is no evidence contained within the preliminary title report for the property that any such designation has been recorded against the property. Unfortunately, the general perception seems to have been that the two processes are interchangeable and that inclusion in the Inventory list imposes regulations and restrictions on the ability to alter, renovate, or demolish the existing residence on the site. This is categorically not the case, but it has resulted in potential buyers of 12871 Atherton Court including removal of the property from the Inventory list as a contingency. As such, the current owner, Mr.

Scott, has requested that the Francis Avidano Home be removed from the Inventory of Historic Sites and Structures.

NOTICING/PUBLIC OUTREACH
The public was notified of this Special Meeting in the following ways:
• Mailing to property owners who own property within a 500-foot radius • Posted at the project site – October 6, 2023
• Public Posting Places – October 6, 2023
• Town Website: www.losaltoshills.ca.gov – October 6, 2023

Staff Report to the City Council Page 6
12871 Atherton Court – Francis Avidano Home
October 19, 2023
Since the public notices were mailed, staff has received no written public comments.

HISTORY COMMITTEE AND PLANNING COMMISSION
On the morning of October 12, 2023, members of the History Committee and the Planning Commission were invited to tour the property and home at 12871 Atherton Court. Carol Gottlieb and Bernardo Ferrari from the History Committee attended the tour. In the evening of October 12, 2023, the History Committee and Planning Commission held a joint Special Meeting to review the request to remove the Francis Avidano Home from the Inventory of Historic Sites and Structures. Following a review of the staff report and supporting documents, and statements from the property owner, the History Committee and Planning Commission considered the request to remove the property from the Inventory of Historic Sites and Structures. The two bodies along with staff were in consensus that the home at 12871 Atherton Court is the Francis Avidano Home included in the Inventory list. The Avidano house was considered historically significant enough to be placed in the Inventory of Historic Sites and Structures and staff had no reason to conclude that it was placed on that list mistakenly or lacks the significance to warrant being on said list. The two bodies discussed the Town’s procedures for reviewing, designating, protecting, and promoting historic properties, locations, and structures, and whether the property owner was unfairly impacted by the inclusion of the property on the list without the property owner being aware of its inclusion. Ultimately, the Planning Commission passed a motion to recommend that the Council remove the Francis Avidano Home from the Inventory of Historic Sites and Structures.

The History Committee was unable to have a quorum present at the Special Meeting. The members of the History Committee that were present discussed the value of the Francis Avidano Home but were unable to make a motion due to a lack of a quorum. The History Committee members noted that they would discuss this item in more detail and pass a motion with their recommendation to the Council on this topic at their upcoming regular meeting on Tuesday, October 17, 2023. At the regular meeting of the History Committee on October 17, 2023, the Committee made a two-part motion to recommend:

1. The History Committee recommends the Francis Avidano Home remain on the Inventory of Historic Sites and Structures list.

2. Should the Council take the recommendation of the Planning Commission and remove the Francis Avidano Home from the Inventory, the History Committee recommends that the Council consider the following:
a. Require that the applicant seeking removal of the Avidano Home from the Inventory be required to submit a Historical Report similar to the report submitted when the Cosmo George Morgan “Little Gables” House was removed from the Inventory list.
b. If the property is sold, require that the applicant inform the new owners of the property that pursuing historic registration and designation of the property could result in a property tax benefit while still allowing additions and renovations to the structure that preserve the historic core.
c. Requiring that a deed restriction be recorded against the property that states that if the house was to be torn down that the owner must advertise the home for removal and sale for at least one month, or if not sold the owner must conduct a

Staff Report to the City Council Page 7
12871 Atherton Court – Francis Avidano Home
October 19, 2023
“scavenger sale” to allow for the historic materials, fixtures, etc., to be potentially used in other historic remodeling projects.
d. Requiring that a deed restriction be recorded against the property that states that if the house was to be torn down, that one or two of the historic items of the property (such as the gate pillars or the rose garden) be retained and have Town Plaques installed on them, to mark the historic importance of the site.

The motion by the History Committee passed on a vote of 3 yes, 1 no, 2 abstain, and 1 absent.

ENVIRONMENTAL REVIEW
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.

ATTACHMENTS

1. Draft Resolution of Denial of Request

2. Draft Resolution of Approval of Request

3. Request to Remove Avidano Home from Inventory of Historic Sites and Structures list

4. Subdivision maps showing M&M Taaffe Subdivision and Tract 5624

5. Record of Building Permits issued to 12871 Atherton Court/Robleda Avenue dating to 1957

6. Historic Photos Courtesy of Los Altos History Museum

Resolution -23 Page 1
RESOLUTION -23

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

DENYING THE REQUEST TO REMOVE THE FRANCIS AVIDANO HOME FROM APPENDIX 4A OF THE GENERAL PLAN, THE INVENTORY OF HISTORIC SITES

AND STRUCTURES
WHEREAS, The Town of Los Altos Hills received a request to remove the Francis Avidano Home from the Town’s Inventory of Historic Sites and Structures in Appendix 4a of the General Plan; and
WHEREAS, 12871 Atherton Court has been determined to be the correct address for the Francis Avidano Home, which has been listed in the Inventory of Historic Sites and Structures since the Inventory’s initial inclusion in the Town’s General Plan in 1976 due to the fact that the home was constructed in 1910 and maintains a unique hexagonal architectural style; and WHEREAS, the property owner of 12871 Atherton Court has stated that the inclusion of his property in the Inventory of Historic Sites and Structures has adversely affected his ability to sell the property; and
WHEREAS, based on the record presented before it, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) because there is no possibility for this Project to result in a significant environmental impact; and WHEREAS, the Project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the History Committee and Planning Commission held a duly noticed joint Special Meeting on the project on October 12, 2023, and considered all evidence, testimony, written documentation, and public comments; and
WHEREAS, the Planning Commission passed a motion recommending that the City Council approve the request to remove the Francis Avidano Home from the Inventory; and WHEREAS, the History Committee further considered the request at their regular meeting on October 17, 2023, and passed a motion recommending that the City Council XXXXX the request to remove the Francis Avidano Home from the Inventory; and WHEREAS, on October 19, 2023, the City Council held a duly noticed public hearing to consider the appeal and considered all evidence, testimony, written documentation and public comments; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills hereby DENIES the request to remove the Francis Avidano Home aka 12871 Atherton Court from General Plan Appendix 4a – Inventory of Historic Sites and Structures.

Attachment 1

Resolution -23 Page 2
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on this 19th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: _____________________________
Linda Swan, Mayor
ATTEST:

Deborah Padovan, City Clerk

Resolution -23 Page 1
RESOLUTION -23

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

APPROVING THE REQUEST TO REMOVE THE FRANCIS AVIDANO HOME FROM APPENDIX 4A OF THE GENERAL PLAN, THE INVENTORY OF HISTORIC SITES

AND STRUCTURES
WHEREAS, The Town of Los Altos Hills received a request to remove the Francis Avidano Home from the Town’s Inventory of Historic Sites and Structures in Appendix 4a of the General Plan; and
WHEREAS, 12871 Atherton Court has been determined to be the correct address for the Francis Avidano Home, which has been listed in the Inventory of Historic Sites and Structures since the Inventory’s initial inclusion in the Town’s General Plan in 1976 due to the fact that the home was constructed in 1910 and maintains a unique hexagonal architectural style; and WHEREAS, the property owner of 12871 Atherton Court has stated that the inclusion of his property in the Inventory of Historic Sites and Structures has adversely affected his ability to sell the property; and
WHEREAS, based on the record presented before it, the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) because there is no possibility for this Project to result in a significant environmental impact; and WHEREAS, the Project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the History Committee and Planning Commission held a duly noticed joint Special Meeting on the project on October 12, 2023, and considered all evidence, testimony, written documentation, and public comments; and
WHEREAS, the Planning Commission passed a motion recommending that the City Council approve the request to remove the Francis Avidano Home from the Inventory; and WHEREAS, the History Committee further considered the request at their regular meeting on October 17, 2023, and passed a motion recommending that the City Council XXXXX the request to remove the Francis Avidano Home from the Inventory; and WHEREAS, on October 19, 2023, the City Council held a duly noticed public hearing to consider the appeal and considered all evidence, testimony, written documentation and public comments; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills hereby APPROVES the request to remove the Francis Avidano Home aka 12871 Atherton Court from General Plan Appendix 4a – Inventory of Historic Sites and Structures.

Attachment 2

Resolution -23 Page 2
The above and foregoing Resolu9ion was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on this 17th day of October 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: _____________________________
Linda Swan, Mayor
ATTEST:

Deborah Padovan, City Clerk

August 21st 2023
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills CA 94022
Dear Council Members,
Please accept this leter as a formal forequest to remove my property at 12871 Atherton Court Los Altos Hills CA 94022 from the town’s “Landmark Designa�on and Preserva�on List” where it is apparently known as the “Francis Avidano Home (1900's) Robleda Avenue. Architecturally unique designed hexagon house.”
There are many issues with the current lis�ng of this property in the current form on the Landmark list.

Among the issues are:

1.) Neither I nor any of the previous owners of this property had any idea that the property was on the town’s list.

2.) The town has never recorded this designa�on with the county as required by the town’s own ordinance, which would have provided no�ce to anyone buying the property.

3.) The descrip�on of this landmark is vague, is factually inaccurate, and could have been applied to any number of proper�es/buildings that either currently exist or may have existed in the past but are no longer in existence. For example, there is no “Robleda Ave” in Los Altos Hills, only a Robleda Road. The name “Francis Avidano” does not appear on any of the county’s �tle records for the property. There is no house or structure on the property that could be described as a “hexagon” by anyone with any reasonable knowledge of geometric shapes or architecture.

4.) I have made several visits to the town’s planning department over the past ten years, to seek informa�on about the property history, and to inspect easements, past building permits, etc., and I was never informed about this designa�on. My architect has also more recently visited the town planning department as well, and also was never informed. The town planning department apparently became aware of this designa�on when I listed my property for sale recently, and someone from the community alerted the planning staff.

5.) A prospec�ve buyer came into the planning department to check on the property, and was immediately informed of the presence of the property/house on the Landmark Designa�on and Preserva�on List, and was told that any redevelopment of the property was likely very difficult if not impossible. This is not in keeping with the council discussions/decisions in the past, and assurances made to the council at the �me(s) that the list has been updated and the ordinance has been revised. If necessary, I would be happy to direct the council's aten�on to video recordings of both the planning commitee and the town council addressing issues associated with what it means to be on the list.

6.) Even if all of the above issues were not present, I don’t think that the property should be on the list because it does not reasonably meet any of the criteria that have been established by the Attachment 3

AERIAL IMAGES – 12871 ATHERTON COURT
Aerial image showing location of Francis Avidano Home ca 1968 Aerial image showing location of 12871 Atherton Court – 2023 via Google Maps

SUBDIVISION MAPS – 12871 ATHERTON COURT
Subdivision Map for M&M Taaffe Subdivision (Avidano Home – Lot 16) ca 1897 Attachment 5

Tract 5624 Subdivision Map for Lot 1 (12871 Atherton Court) ca 1976 GIS Map image 12871 Atherton Court - 2023

BUILDING IMAGES – AVIDANO HOME
Front and back – Object ID 1981.717.124 – Los Altos History Museum Attachment 6

Front and back – Object ID 1981.717.125 – Los Altos History Museum

Front and back – Object ID 1981.717.126 – Los Altos History Museum Front and back – Object ID 1981.737.001 – Los Altos History Museum

BUILDING IMAGES – 12871 ATHERTON COURT
COURTESY OF ZILLOW.COM

October 19 2023
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills CA 94022
Dear Council Members,
Please accept this leƩer as a revised and upated request to remove my property at 12871 Atherton Court, Los Altos Hills CA 94022 from the town’s “Historic Sites and Structures List” where it is apparently known as the “Francis Avidano Home (1900's) Robleda Avenue. Architecturally unique designed hexagon house.”
The following summarizes the issues I’d like the council to be fully aware of, and that support my request.

Confusion Regarding Landmark and Historic Sites Lists
There has been massive confusion (past and present) about the various lists (Landmark, Historic Sites and Structures, etc.) that are referenced in the town’s websites, municipal code, and General Plan. Many people, including some town staff, have conflated the requirements, processes, and restricƟons associated with what it means to be on the Historic Sites and Structures list. In fact, extensive research has found that no “Landmark List” exists on town websites or archives – only the “Historic Sites and Structures” list can be found. An official town newsleƩer also conflated the two. This adds to the confusion and the likelihood that these two very different things will be considered to be the same.

Indeed, my original leƩer was based on the assumpƟon that these lists and the associated processes were the same. It turns out that they apparently are not the same, but few people know that, and the underlying processes are mostly undefined if they exist at all.

Lack of NoƟce, Transparency and Due Process
Neither I nor any of the previous owners of my property had any idea that my property was on the town’s Historic Sites and Structures list. The History CommiƩee and the town staff have knowingly or unknowingly acƟvely concealed the actual address informaƟon (if known) by deliberately not publishing the actual addresses of some of the properƟes on the list, including mine. Members of the History CommiƩee are on record on mulƟple occasions admiƫng this fact. The raƟonale has been given that this was a conscious choice so as to not invade people’s privacy (by making addresses publicly available), but this argument does not hold water since some property addresses are published while others are not.

Indeed, no version of the list that is available publicly or that has been found in the town archives references the actual address of my property. In fact, many versions of the list have the notaƟon “no address found” or “no address known”. It would appear from the facts that liƩle or no effort was expended to discover the actual address. Core principles of our democracy (Federal and State) are open and transparent government funcƟons, with an opportunity to be heard, and the U.S. ConsƟtuƟon guarantees of due process. These principles have been seriously ignored by the town in the administraƟon of the Historic Sites and Structures process by not making the informaƟon known to property owners, the public, and even town staff, and by not allowing opportuniƟes for property owners to engage in town governance processes which have a significant and material impact on them.

Supplemental No. 1
AGENDA ITEM #6.A
Distributed 10/20/23

Rescinded Council ResoluƟon and Failure to follow Council DirecƟon by staff The town council last reviewed the” Historic Sites and Structures” list at a town council meeƟng on Oct 18, 2018. At that meeƟng the town council approved a revised version of the “Historic Sites and Structures List”, and then later in the same meeƟng rescinded the moƟon to approve the list, direcƟng the staff to put the item on the agenda for several months later (Feb 2019 was suggested) for further discussion. The council also directed staff to noƟfy each property owner on the list so that those directly impacted could provide comments. This noƟficaƟon was never done, and the meeƟng was never rescheduled. The town has taken the posiƟon that because of the rescinded moƟon, the prior list (vintage 2007) of “Historic Sites and Structures” is sƟll the valid list. By policy, the council is supposed to review and approve the list every five years, and because of the failure of the town council to perform this basic duty, the list has gone stale and is now at least fiŌeen years old.

Vague and Inaccurate DescripƟon
The descripƟon of my property on the town’s list is vague, is factually inaccurate, and could refer to any number of properƟes/buildings that may have existed in the past but are no longer in existence. There is no house or structure on the property that could be described as a “hexagon” by anyone with any reasonable knowledge of geometric shapes or architecture. While there are pictures that have now surfaced that are of my property and are labeled “Avidano house”, even those pictures do not show any hexagon shaped architecture which is clearly the most significant characterisƟc noted in the various documents that have been found. Even if someone were aware of the Historic Sites and Structures List, it is a real stretch of the imaginaƟon that based on the informaƟon available on the list that an individual would make a connecƟon to my house at 12871 Atherton Court. The argument that anyone could have, or should have known about this associaƟon based on the available public informaƟon is patently absurd.

Planning Staff Lack of Awareness of Historical AssociaƟon and Failure to NoƟfy I have made several (at least four or five) visits to the town’s planning department over the past ten years, to seek informaƟon about the property history, and to inspect easements, past building permits, etc., and I was never informed about this designaƟon. My architect had recently visited the town planning department as well, made numerous inquiries about property records and also was never informed of this designaƟon on the list. The town planning department apparently became aware of this designaƟon when I listed my property for sale this summer, and only when someone from the community contacted a member of the history commiƩee who then alerted the planning staff. Only then was the town staff aware of the potenƟal associaƟon of my property with the “Avidano House” on the list. Even then, no one from the town bothered to noƟfy me of this discovery.

False InformaƟon and Impact on Market Value
Subsequently, a prospecƟve buyer came into the planning department to check on the property, and was informed of the presence of the property/house on the list, and was told that any redevelopment of

the property was impossible or extremely difficult. This buyer had planned on making an offer on the property but declined to do so as a result of this informaƟon. He informed his realtor who in turn called my realtor who then called me in a panic. I immediately responded that I was unaware of the presence of my property on the list, and immediately began my own invesƟgaƟon, of which you are now aware.

We immediately disclosed this informaƟon (the presence of my property on the Historic Sites and Structures list) to other potenƟal buyers and saw an immediate dropoff in interest in our property and the perceived value of the property as a result of this disclosure. Eventually, this process resulted in a single offer, several hundred thousand dollars below our asking price, which we have reluctantly accepted. It has a conƟngency aƩached (expiring shortly) that requires the removal of our property from the Historic Sites and Structures list, and if that does not occur, even this one offer will go away.

Past Council and Planning Policy Discussions in conflict with percepƟon and actual pracƟce The informaƟon relayed to my prospecƟve buyer regarding the impossibility of redevelopment is not in keeping with the council and planning commission discussions/decisions in the past, and assurances made to the council that the list is just a “list” and has no meaning in terms of restricƟons, or other burdens on the property owner. If necessary, I would be happy to direct the council's aƩenƟon to video recordings of both the planning commiƩee and the town council addressing issues associated with what it means to be on the list. The recommendaƟon has been made several Ɵmes that the town should provide incenƟves to property owners in exchange for being on the list, but in pracƟce, it has been the opposite. The percepƟon and the reality is that being on the list comes with a steep reducƟon in property value, and if redevelopment is to be considered considered has addiƟonal burdens, reviews, and costs that in some cases are substanƟal.

The Town has MulƟple Win-Win OpƟons even if 12871 Atherton is removed from list From everything I have been told, the town loses nothing by removing my property from the Historic Sites and Structures list. Should my prospecƟve buyer decide to pursue the development of the property, they would have to go through all of the various processes and approvals that would be required of any property owner seeking redevelopment. This could include a referral to the History CommiƩee for its input as well. The proper Ɵme for the town to negoƟate with a property owner with respect to development is at the Ɵme when the property owner seeks to develop. It is not proper (or even legally advisable) to impose unilateral development restricƟons on a property prior to an applicaƟon for development or in this case which is prior to a sale of the property.

ImpracƟcal RecommendaƟons – Financial Investment
At least one member of the History CommiƩee (who is not an architect or a structural engineer) suggested to me that the exisƟng house could be modified retaining much of the design characterisƟcs of the exisƟng structure. I want the council to know that I explored that possibility as a strong first preference with two different well-known architects, and the prior owner of my property had made similar inquiries with an architect of her choosing. Because of the type of construcƟon used to build the house (commonly known as “balloon” framing), it was deemed unwise to pursue that opƟon. Simply said, all concluded it would cost significantly more to renovate vs. starƟng from scratch. EssenƟally, the exisƟng structure would have to be almost completely torn down, reframed, and rebuilt. It is also likely that the town would require compliance with modern building codes, which almost none of the exisƟng structure is in compliance with. To that end, I’ve spent in excess of $400,000 in fees with architects,

AGENDA ITEM #8A-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 #8A-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 #8A-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 #8A-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 #8A-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.