# Site Development Current Fee Proposed Fee Current Deposit Proposed Deposit Note
E001 Miscellaneous Engineering Staff and Third-Party Peer Review (Varies based on scope and actual cost) E001A Site Development and Other Planning Reviews – Minor Reviews (NEW) $1,796 E001B Site Development and Other Planning Reviews – Major Reviews (NEW) $3,593 E001C Site Development and Other Planning Reviews – Miscellaneous Reviews Engineering Staff (NEW) $1,000 $1,000 E001D Site Development and Other Planning Reviews – Miscellaneous Reviews Third Party $719 $500 - $5,000 $3,000 E002A Tentative Map – Minor Land Division (<5 lots) $725 $1,078 E002B Tentative Map – Subdivision (5+ lots) $880 $1,796 E002C Tentative Map – Modification/Amendment $625 $359
E003A Final Map – Minor Land Division (<5 lots) $1,796 $5,000 $5,000 E003B Final Map – Minor Land Division (<5 lots) Subdivision Improvement Plan Review $1,796 $5,000 $5,000 E003C Final Map – Minor Land Division (<5 lots) Subdivision Improvements – Inspections $1,796 $5,000 $10,000 E003D Final Map – Subdivision (5+ lots) $2,874 $10,000
E003E Final Map – Subdivision (5+ lots) Improvement – Plan Review $2,874 $5,000 $10,000 E003F Final Map – Subdivision (5+ lots) Subdivision Improvements – Inspections Actual Cost $30,000 E004A
Engineering Review of Lot Line Adjustments, Mergers, Certificate of Compliance, Easement Reviews, Public Easements (Utility or Pathways), and ROW Dedication $719 $3,000 $3,000 E005A NPDES C.3 Projects Review $719 $4,000 $5,000
E005B NPDES C.3 Maintenance Agreement and Inspections $3,000 $3,593 # Engineering Review of Building Permits Current Fee Proposed Fee Current Deposit Proposed Deposit E006A Engineering Review (New construction, additions, remodels, pools, decks, and retaining walls) *NEW* $1,527 E006B Engineering Review – ADU and SB9 *NEW* $1,527
E006C Erosion Control Inspections $210 $719
# Street and Pathway Excavation Permit Current Fee Proposed Fee E007 Other Street Charges
$520 + $11/sq
ft of area over
47/sq ft
$520 + $11/sq
ft of area over
47/sq ft
E008 Other Pathway Charges
$520 +
$1.28/sf of
area over 406sf
$520 + $11/sq
ft of area over
47/sq ft
# Encroachment into Public Right-of-Way Current Fee Proposed Fee Current Deposit Proposed Deposit E011 Application Fee $326 $898
E012A Inspection Deposit for Minor Utilities $3,000 $10,000-$40,000 E012B Inspection Deposit for Major Utilities $1,437 $1,000 $10,000-$40,000 E013 Trenching Fee
$400 + $17/lf
of trench over
24lf
$400 + $17/lf
of trench over
24lf
E015 Driveway Cuts $17/lf $17/lf
Deposits will be charged the actual cost of time & materials plus a 10% administrative fee to cover the Town’s costs.
E017 Sight Distance and Traffic Study Peer Review $719 $3,000 E018 Traffic Control Plan Review for Standard Lane Closure (Traffic Consultant) $300 per sheet $300 per sheet E019 Traffic Control Plan Review for Long Term Lane Closure (Traffic Consultant) $900 per sheet $900 per sheet E020 Stalking of Pathway by Third-Party Surveyor $719 $3,000 $3,000 E021 Review of Pathway Stalking by Third-Party Surveyor $719 $1,000 $1,000 E022 Pathway Survey/Environmental/Design Review $1,000 $1,000 E023 Pathway Construction Inspections and Compaction Testing $1,000 $1,000 # Grading Current Fee Proposed Fee Current Deposit Proposed Deposit E024 Grading Inspections *NEW* $1,796
E025 Grading Moratorium Exception Review $719 $5,000 $5,000 # Engineering Staff and Consultant Billable Rates
E030 Public Works Director/City Engineer
E031 Senior Engineer/Utility Engineering Manager
E032 Associate Engineer
E033 Assistant Engineer
E034 Contracted Associate Engineer
E035 Engineering Staff Fully Burdened Hourly Rate (FBHR) E030 to
E034 Note
# Sewer Disposal Current Fee Proposed Fee Current Deposit Proposed Deposit E038 Sewer Connection Review by Staff $1,000 $1,796
E039 Sanitary Sewer Main Extension Review by Staff $5,000 $5,000 E040 Sewer Reimbursement Fee
When connecting to privately developed sewer line
E041 Annual Sewer Charge
E042 Industrial Waste Discharge Permit
E043 Solid Waste Collection and Disposal Monthly Fee
E044 Sewer Capacity/Impact/Rate Study $0 $2,156 $10,000 $10,000 E045 Sewer Connection Fee (Residence)
E046 Sewer Connection Fee (Church)
E047 Sewer Connection Fee (Country Club)
E048 Sewer Connection Fee (Office)
E049 Sewer Connection Fee (Fire Station)
E050 Sewer Connection Fee (Elementary School)
E051 Sewer Connection Fee (Junior High School)
E052 Sewer Connection Fee (High School)
E053 Sewer Connection Fee (Junior College)
E054 Sewer Connection Fee (Boarding Schools)
# Other Charges Current Fee Proposed Fee Current Deposit Proposed Deposit E055 Appeal Fee $900 $2,874 $2,000 $2,874
As determined in Town Resolution
As determined in Town Resolution
Full Cost
Rate
$278/hr.
$234/hr.
$219/hr.
$194/hr.
$215/hr.
$359/hr.
Engineering Staff and Consultant Billable Rates are the rates used when staff time is billed against a deposit.
See Solid Waste Fee Schedule
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
As determined in Town Resolution
E056 Town Attorney Land Use Review $359
E057 Effort Out of Standard Scope
Varies, based
on scope
E058 Fee for any work done without grading approval (NEW) Up to 10X
Fee Name Fee Range (2023-24) Fee Range (2026-27) Town of Woodside Town of Portola Valley City of Monte Serrano Town of Atherton Town of Hillsborough City of Los Altos Demolition $180.00 $579.00 $311.00 $403.00 $186.00 $690.00 $0.00 $238.00 Permit Admin*1 $0.00 $3,078.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Plan Check $8,931.00 $5,360.00 $9,447.00 billed at $239 per hour $5,458.00 $3,694.00 $5,132.00 $23,976.00 Building Permit $13,740.00 $10,994.00 $11,114.00 $4,312.00 $8,397.00 $8,209.00 $7,895.00 $17,760.00 Plan Retention $75.00 $0.00 $155.00 N/A $0.00 N/A $0.00 $0.00 Green Building Fee (CA State BSARF)*4 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 Energy Fee (CA State Title 24) $2,736.00 $2,736.00 $2,736.00 $2,736.00 $2,736.00 $2,736.00 $2,736.00 $2,736.00 Strong Motion Instrumentation and Mapping Program*5 $195.00 $195.00 $195.00 $195.00 $195.00 $195.00 $195.00 $195.00 Pathway Impact Fee $10,000.00 $21,960.00 $6,000.00 N/A $9,800.00 N/A N/A $1,680.00 School Fee*7 $13,760.00 $13,760.00 $20,680.00 $20,680.00 $20,280.00 $20,680.00 $9,800.00 $13,760.00 Planning Dept Review*2 $210.00 $1,430.00 $2,778.00 $1,853.00 $888.00 $1,425.00 $1,249.00 $1,435.00 Engineering Dept Review*3 $240.00 $1,526.00 $2,778.00 $1,658.00 $795.00 $1,275.00 $1,118.00 $1,284.00 Temporary Certificate of Occupancy $500.00 $362.00 $207.00 $1,766.00 N/A $5,000.00 N/A $668.00 Address Assignment $650.00 $904.00 $336.00 N/A $445.00 $695.00 $1,476.00 $742.70 Additional Plan Review (Per Revision) $350.00 $543.00 $207.00 $239.00 $247.00 $330.00 $263.00 $302.81 Drainage Impact Fees $3,840.00 $5,760.00 $0.00 N/A N/A N/A N/A N/A Subtotal for Fees $55,467.00 $69,247.00 $57,004.00 $33,902.00 $49,487.00 $44,989.00 $29,924.00 $64,837.51 Utility Release Deposit (Electrical)*6 $40,000 $0 N/A N/A N/A $5,000 N/A N/A Utility Release Deposit (Gas)*6 $20,000 $0 N/A N/A N/A N/A N/A N/A Building Performance Deposit*6 $18,000 $0 N/A N/A N/A N/A $30,000 N/A Subtotal for Deposits $78,000 $0 $0 $0 $0 $5,000 $30,000 $0 Fee Name Fee Range (2023-24) Fee Range (2026-27) Town of Woodside Town of Portola Valley City of Monte Serrano Town of Atherton Town of Hillsborough City of Los Altos Demolition $180.00 $579.00 $311.00 $403.00 $186.00 $690.00 $0.00 $238.00 Permit Admin*1 $0.00 $3,211.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Plan Check $13,319.00 $5,590.16 $13,042.00 billed at $239 per hour $7,247.00 $5,054.00 $6,960.00 $30,365.00 Building Permit $20,490.00 $11,467.00 $15,344.00 $5,168.00 $11,149.00 $11,231.00 $10,707.00 $22,493.00 Plan Retention $75.00 $0.00 $155.00 N/A $0.00 N/A $0.00 $0.00 Green Building Fee (CA State BSARF)*4 $90.00 $90.00 $90.00 $90.00 $90.00 $90.00 $90.00 $90.00 Energy Fee (CA State Title 24) $4,086.00 $4,086.00 $4,086.00 $4,086.00 $4,086.00 $4,086.00 $4,086.00 $4,086.00 Strong Motion Instrumentation and Mapping Program*5 $260.00 $260.00 $260.00 $260.00 $260.00 $260.00 $260.00 $260.00 Pathway Impact Fee $10,000.00 $32,940.00 $9,000.00 N/A $14,700.00 N/A N/A $2,520.00 School Fee*7 $20,640.00 $20,640.00 $31,020.00 $31,020.00 $30,420.00 $31,020.00 $14,700.00 $20,640.00 Planning Dept Review*2 $210.00 $1,430.00 $3,836.00 $1,853.00 $888.00 $1,425.00 $1,249.00 $1,435.00 Engineering Dept Review*3 $240.00 $1,526.00 $3,836.00 $1,658.00 $795.00 $1,275.00 $1,118.00 $1,284.00 Temporary Certificate of Occupancy $500.00 $362.00 $207.00 $1,766.00 N/A $5,000.00 N/A $668.00 Address Assignment $650.00 $904.00 $336.00 N/A $445.00 $695.00 $1,476.00 $742.70 Additional Plan Review (Per Revision) $350.00 $543.00 $207.00 $239.00 $247.00 $330.00 $263.00 $302.81 Drainage Impact Fees $5,760.00 $5,760.00 N/A N/A N/A N/A N/A N/A Subtotal for Fees $76,850.00 $89,388.16 $81,730.00 $46,543.00 $70,513.00 $61,156.00 $40,909.00 $85,124.51 Utility Release Deposit (Electrical)*6 $40,000 $0 N/A N/A N/A $5,000 N/A N/A Utility Release Deposit (Gas)*6 $20,000 $0 N/A N/A N/A N/A N/A N/A Building Performance Deposit*6 $27,000 $0 N/A N/A N/A N/A $40,000 N/A Subtotal for Deposits $87,000 $0 $0 $0 $0 $5,000 $40,000 $0 Fee Name Fee Range (2023-24) Fee Range (2026-27) Town of Woodside Town of Portola Valley City of Monte Serrano Town of Atherton Town of Hillsborough City of Los Altos Permit Admin $0.00 $1,725.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Plan Check $2,130.00 $3,003.00 $3,228.00 billed at $239 per hour $1,767.00 $1,667.00 $1,666.00 $0.00 Building Permit $3,278.00 $6,160.00 $3,798.00 $3,790.00 $2,718.00 $2,565.00 $2,563.00 $0.00 Planning Department ADU Plan Review $725.00 $0.00 $0.00 $2,408.00 $187.00 $0.00 $263.00 $303.00 Plan Retention $75.00 $0.00 $155.00 N/A $0.00 N/A $0.00 $0.00 Green Building Fee (CA State BSARF)*4 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 Strong Motion Instrumentation and Mapping Program*5 $44.00 $44.00 $44.00 $44.00 $44.00 $44.00 $44.00 $44.00 Single Family Residential Dwelling (4000 sq ft) w/ Demo - Valuation: $1,500,000 Single Family Residential Dwelling (6000 sq ft) w/ Demo - Valuation: $2,250,000 Detached Accessory Dwelling Unit (900 sq ft) - Valuation: $337,500 ITEM 8A ATTACHMENT 6
School Fee*7 $3,096.00 $3,096.00 $4,653.00 $4,653.00 $4,563.00 $4,653.00 $2,205.00 $3,096.00 Drainage Impact Fees $864.00 $0.00 N/A N/A N/A N/A N/A N/A Engineering Site Development Review $830.00 $0.00 $500.00 billed at $239 per hour $632.00 $290.00 $206.00 N/A Temporary Certificate of Occupancy $500.00 $362.00 $207.00 $1,766.00 N/A $5,000.00 N/A $668.00 Address Assignment $650.00 $904.00 $336.00 $0.00 $445.00 $1,476.00 $1,476.00 $742.70 Additional Plan Review (Per Revision) $350.00 $543.00 $207.00 $239.00 $247.00 $330.00 $263.00 $302.81 Subtotal for Fees $12,556.00 $15,851.00 $13,142.00 $12,914.00 $10,617.00 $16,039.00 $8,700.00 $5,170.51 Building Performance Deposit*6 $3,690 $0 N/A N/A N/A N/A $6,750 N/A Subtotal for Deposits $3,690 $0 $0 $0 $0 $0 $6,750 $0
*1 - New Fee calculated at 28% of Building Fee
*2 - Assumption of 4.75 hours of review
*3 - Assumption of 4.25 hours of review
*4 - Assessed at $4 per $100,000 of permit valuation
*5 - Assessed as valuation X 0.00013
*6 - Deposits to be returned upon project completion
*7 - School Fee @$3.44 per SqFt for LAUSD
ALL Valuations have been derived from a $375 per Sq Ft Formula
Adopted
Description FY23-24 FY24-25 FY 25-26 Budget Total Est. FY25-26 Total % of Rev FY26-27 EST 011-3100-4601 Planning Fees $177,790.00 $249,110.00 - $379,349.00 64.1% $933,301.00 011-3100-4614 Site Development Compliance $153,240.00 $60,910.00 $3,562.00 $63,229.00 10.7% $69,800.00 011-3100-4602 Pre-application Meeting Fee $35,150.00 $32,530.00 $253,076.00 $38,748.50 6.5% $40,382.00 011-3100-4703 Contract Planner Chargebacks $63,825.75 $59,014.08 $73,712.00 $38,548.00 6.5% $18,937.00 011-3100-4707 Contract Geologist Charge Backs $100,358.24 $51,116.11 $6,143.00 $26,242.00 4.4% $55,000.00 011-3100-4702 Attorney's Fees $78,170.87 $192,572.00 $18,428.00 $18,213.49 3.1% $18,981.00 011-3100-4603 Fence Permit $15,080.00 $7,800.00 $54,055.00 $14,560.00 2.5% $45,203.00 011-3100-4605 Zoning Fees - $6,540.00 - $4,360.00 0.7% $5,424.00 011-3100-4607 Final Map Fees $2,175.00 $2,175.00 $3,686.00 $2,900.00 0.5% *2 011-3100-4693 In-house Planner Chargebacks $660.00 $11,034.20 $164,500.00 $2,866.67 0.5% *1 011-3100-4604 Tree Permit $1,500.00 $4,000.00 $19,656.00 $2,500.00 0.4% $28,930.00 011-3100-4681 Address Change - - - $650.00 0.1% $904.00 011-3100-4705 Contract Devl Review Engineer Chargebacks - - $36,856.00 - 0.0% *1 TOTAL (Planning) $627,949.86 $676,801.39 $633,674.00 $592,166.66 100.0% $1,216,862.00 Adopted
Description FY23-24 FY24-25 FY 25-26 Budget Total Est. FY25-26 Total % of Rev FY26-27 EST 011-3200-4301 Building Permits $1,485,124.95 $985,662.03 $1,651,615.00 $1,096,005.29 83.6% $1,499,213.00 011-3200-4685 Towns Administrative Charge (NEW) - - - - 0.0% $268,120.00 011-3200-4315 Solar Panels $70,740.00 $76,198.23 $83,666.00 $91,512.57 7.0% $106,996.00 011-3200-4311 Plan Retention Fees $111,905.08 $45,725.00 $112,738.00 $44,025.00 3.4% *3 011-3200-4305 Building MEP Permits $72,218.29 $59,375.11 $80,291.00 $40,215.16 3.1% *1 011-3200-4614 Site Development Compliance $9,030.00 $5,410.00 - $21,375.00 1.6% $13,438.00 011-3200-4711 Fines and Forfeitures $37,720.00 $109,048.00 - $10,106.45 0.8% - 011-3200-4308 Furnace/Gas/Water $4,838.00 $5,740.00 $5,771.00 $8,199.00 0.6% $41,139.00 011-3200-4312 Energy Fee $90,414.52 $4,396.50 $78,693.00 - 0.0% *3 011-3200-4681 Address Change $1,300.00 $0.00 $7,131.00 - 0.0% *4 011-3200-4707 Geologist Charges $0.00 $0.00 $142,621.00 - 0.0% *3 TOTAL (Planning) $1,883,290.84 $1,291,554.87 $2,162,526.00 $1,311,438.47 100.0% $1,928,906.00 TOTAL (Community Development) $2,511,240.70 $1,968,356.26 $2,796,200.00 $1,903,605.13 100.00% $3,145,768.00 1* Cost Allocation Change
2* Fee moved to Engineering Department as of FY26-27
3* Fee no longer being collected per User Fee Study
4* Fee moved to Planning Department
Community Development Department Revenue
As we move into the FY26-27 cycle, the ComDev Department is getting rid of a total of three fees and will no longer see these collected. These include the plan retention fees, energy fees and geologist charges. Other chanrges were allocated differently these include the in-house planner chargebacks, contract developer chargebacks, MEP permits. This is being done for simplicity and making it easier for staff and residents to follow fee schedules. We have also consolidated some fees into their respective departments and this will enable the three departments of planning, building and engineering to tracker revenue coming in and expenses going out. Previously, we had the monies within Building and the health of the Town's revenue funds being dictated by Building demand alone. We are no longer using staff allocations to organize payroll and Planning Department Revenue
Actuals Estimates
Building Department Revenue
Actuals Estimates
ITEM 8A ATTACHMENT 7
these collected. These include the plan retention fees, energy fees and geologist charges. Other chanrges were allocated differently these include the in-house planner chargebacks, contract developer chargebacks, MEP permits. This is being done for simplicity and making it easier for staff and residents to follow fee schedules. We have also consolidated some fees into their respective departments and this will enable the three departments of planning, building and engineering to tracker revenue coming in and expenses going out. Previously, we had the monies within Building and the health of the Town's revenue funds being dictated by Building demand alone. We are no longer using staff allocations to organize payroll and each department has their own revenue buckets and fees to effectively track revenue. This will give a clearer picture of each department's financial health and tracking to see if revenue actuals are refelctive of the budget.
Fiscal Year # Permits # Outliers Average Valuation Average SQ Footage Average $ per SQ_FT Delta to ICC Multiplier FY 2021-2022 19 2 $2,018,385 6,533 $338.70 $163.70 1.94 FY 2022-2023 11 3 $2,620,773 6,996 $389.69 $214.69 2.23 FY 2023-2024 13 0 $2,957,838 6,890 $444.42 $269.42 2.54 FY 2024-2025 14 2 $2,249,643 6,574 $395.61 $220.61 2.26 FY 2025-2026 8 2 $2,106,881 6,482 $402.65 $227.65 2.3
13 $2,390,704 6,695 $394.21 2.25
ITEM 8A ATTACHMENT 8
PERMIT_NO PERMIT_TYPE SITE_ADDRESS PERMIT_SUBTYPE STATUS FEES_PAID ISSUED FY JOBVALUE SQ_FT $ PER SQ_FT BLD19-0457 NEW RESIDENCE 27911 VIA VENTANA WITHOUT BASEMENT FINALED $18,393.08 7/10/2020 2020-2021 $779,910 5038 $154.81 BLD19-0402 NEW RESIDENCE 10842 WEST LOYOLA DRIVE WITH BASEMENT FINALED $24,746.55 7/20/2020 2020-2021 $842,576 5470 $154.04 BLD20-0198 NEW RESIDENCE 12170 DAWN LANE WITH BASEMENT FINALED $57,148.93 7/24/2020 2020-2021 $1,248,931 8031 $155.51 BLD20-0233 NEW RESIDENCE 13940 LA PALOMA ROAD WITH BASEMENT FINALED $123,469.30 8/11/2020 2020-2021 $2,093,865 11936 $175.42 BLD20-0130 NEW RESIDENCE 24752 OLIVE TREE LANE WITH BASEMENT FINALED $84,068.10 8/20/2020 2020-2021 $718,740 4356 $165.00 BLD20-0320 NEW RESIDENCE 27575 BLACK MOUNTAIN ROAD WITH BASEMENT FINALED $101,196.60 9/9/2020 2020-2021 $1,420,000 5841 $243.11 BLD20-0151 NEW RESIDENCE 26898 DEZAHARA WAY WITHOUT BASEMENT FINALED $88,821.83 9/17/2020 2020-2021 $770,536 5955 $129.39 Outlier BLD20-0263 NEW RESIDENCE 13109 BYRD LANE WITH BASEMENT FINALED $44,685.13 10/5/2020 2020-2021 $2,096,500 10082 $207.94 BLD20-0356 NEW RESIDENCE 24005 OAK KNOLL CIRCLE WITHOUT BASEMENT FINALED $159,029.39 10/6/2020 2020-2021 $2,676,650 #DIV/0! Outlier BLD20-0361 NEW RESIDENCE 25788 Bassett Lane WITHOUT BASEMENT FINALED $100,275.95 10/15/2020 2020-2021 $855,020 4993 $171.24 BLD20-0381 NEW RESIDENCE 24160 DAWNRIDGE DRIVE WITH BASEMENT FINALED $56,597.67 12/1/2020 2020-2021 $2,000,000 11175 $178.97 BLD20-0223 NEW RESIDENCE 25251 LA RENA LANE MANUFACTURED FINALED $29,943.70 5/4/2021 2020-2021 $1,200,000 5489 $218.62 BLD20-0608 NEW RESIDENCE 26685 PURISSIMA ROAD WITHOUT BASEMENT FINALED $64,028.75 5/25/2021 2020-2021 $450,000 4079 $110.32 Outlier BLD20-0590 NEW RESIDENCE 24490 AMIGOS COURT WITHOUT BASEMENT FINALED $144,733.52 6/9/2021 2020-2021 $1,935,244 5509 $351.29 BLD20-0057 NEW RESIDENCE 12857 LA CRESTA DRIVE WITHOUT BASEMENT FINALED $93,167.40 6/25/2021 2020-2021 $771,773 4489 $171.93 BLD21-0119 NEW RESIDENCE 24269 DAWNRIDGE DRIVE WITHOUT BASEMENT FINALED $62,726.00 8/2/2021 2021-2022 $1,850,000 6856 $269.84 BLD21-0282 NEW RESIDENCE 14221 MIRANDA ROAD WITHOUT BASEMENT FINALED $135,858.56 8/3/2021 2021-2022 $1,570,000 4196 $374.17 BLD21-0087 NEW RESIDENCE 12805 DEER CREEK LANE WITHOUT BASEMENT FINALED $57,819.28 8/13/2021 2021-2022 $1,450,000 5826 $248.88 BLD21-0130 NEW RESIDENCE 13902 CAMPO VISTA LANE WITHOUT BASEMENT EXPIRED $30,193.12 8/30/2021 2021-2022 $555,000 1181 $469.94 BLD21-0261 NEW RESIDENCE 13781 Ciceroni Lane WITHOUT BASEMENT FINALED $227,645.81 8/31/2021 2021-2022 $3,844,575 8142 $472.19 BLD21-0312 NEW RESIDENCE 26724 PALO HILLS DRIVE WITHOUT BASEMENT FINALED $69,729.22 9/1/2021 2021-2022 $2,070,950 6848 $302.42 BLD21-0251 NEW RESIDENCE 14096 SEVEN ACRES LANE MANUFACTURED FINALED $128,479.38 9/2/2021 2021-2022 $3,080,800 9606 $320.72 BLD21-0412 NEW RESIDENCE 26455 SAINT FRANCIS DRIVE WITHOUT BASEMENT FINALED $136,067.44 9/13/2021 2021-2022 $4,104,000 11085 $370.23 BLD21-0276 NEW RESIDENCE 12874 VISCAINO ROAD WITHOUT BASEMENT FINALED $26,141.56 9/14/2021 2021-2022 $480,000 1799 $266.81 BLD21-0425 NEW RESIDENCE 14330 DE BELL ROAD WITH BASEMENT FINALED $90,847.46 9/20/2021 2021-2022 $2,709,200 10167 $266.47 BLD21-0396 NEW RESIDENCE 26616 WESTWIND WAY WITH BASEMENT FINALED $87,735.80 9/28/2021 2021-2022 $2,000,000 6296 $317.66 BLD21-0293 NEW RESIDENCE 12131 OAK PARK COURT WITHOUT BASEMENT FINALED $93,071.44 9/29/2021 2021-2022 $2,100,000 5129 $409.44 BLD21-0457 NEW RESIDENCE 24151 DAWNRIDGE DRIVE WITHOUT BASEMENT FINALED $163,464.88 9/30/2021 2021-2022 $2,400,000 5730 $418.85 BLD21-0077 NEW RESIDENCE 25538 Hidden Springs Ct WITHOUT BASEMENT FINALED $137,185.44 10/14/2021 2021-2022 $1,500,000 10374 $144.59 Outlier BLD21-0405 NEW RESIDENCE 27474 Sunrise Farm Road MANUFACTURED FINALED $98,073.94 10/18/2021 2021-2022 $1,259,200 4049 $310.99 BLD21-0091 NEW RESIDENCE 25750 VINEDO LANE WITH BASEMENT FINALED $147,444.68 12/9/2021 2021-2022 $2,000,000 8357 $239.32 BLD21-0226 NEW RESIDENCE 13210 EAST SUNSET DRIVE WITH BASEMENT ISSUED $182,408.20 12/20/2021 2021-2022 $3,400,000 6495 $523.48 BLD21-0692 NEW RESIDENCE 27983 CENTRAL DRIVE WITHOUT BASEMENT FINALED $13,776.00 1/20/2022 2021-2022 $1,000,000 6467 $154.63 Outlier BLD19-0591 NEW RESIDENCE 12640 CORTE MADERA LANE WITH BASEMENT ISSUED $91,803.90 2/2/2022 2021-2022 $975,590 5526 $176.55 BLD22-0194 NEW RESIDENCE 25959 ALICANTE LANE WITH BASEMENT EXPIRED $154,418.00 7/5/2022 2022-2023 $3,400,000 #DIV/0! BLD22-0114 NEW RESIDENCE 10311 MAGDALENA ROAD WITHOUT BASEMENT ISSUED $160,378.72 8/3/2022 2022-2023 $2,000,000 5586 $358.04 BLD22-0015 NEW RESIDENCE 12500 MINORCA COURT WITH BASEMENT ISSUED $126,496.58 8/4/2022 2022-2023 $1,580,700 6722 $235.15 BLD21-0411 NEW RESIDENCE 27408 DEER SPRINGS WAY WITH BASEMENT ISSUED $148,112.84 8/23/2022 2022-2023 $4,546,000 8674 $524.09 BLD22-0258 NEW RESIDENCE 25240 CANTATA WAY WITHOUT BASEMENT FINALED $126,410.20 8/25/2022 2022-2023 $3,000,000 7552 $397.25 BLD20-0269 NEW RESIDENCE 27869 SADDLE COURT *NONE* ISSUED $41,560.21 10/11/2022 2022-2023 $1,100,000 6035 $182.27 BLD22-0304 NEW RESIDENCE 26875 NINA PLACE WITHOUT BASEMENT FINALED $52,471.81 10/20/2022 2022-2023 $2,857,000 8163 $349.99 BLD21-0665 NEW RESIDENCE 13010 EAST SUNSET DRIVE WITH BASEMENT FINALED $67,734.26 10/24/2022 2022-2023 $2,814,800 8781 $320.56 BLD22-0319 NEW RESIDENCE 12815 DEER CREEK LANE WITHOUT BASEMENT FINALED $110,462.96 10/31/2022 2022-2023 $6,000,000 7998 $750.19 BLD22-0414 NEW RESIDENCE 26429 PURISSIMA ROAD WITHOUT BASEMENT ISSUED $45,714.44 11/22/2022 2022-2023 $1,500,000 9663 $155.23 Outlier BLD22-0611 NEW RESIDENCE 28010 NATOMA RD WITH BASEMENT ISSUED $4,662.40 6/29/2023 2022-2023 $30,000 792 $37.88 Outlier BLD22-0574 NEW RESIDENCE 26321 ALEXANDER PLACE WITH BASEMENT FINALED $146,558.92 8/9/2023 2023-2024 $5,000,000 11132 $449.16 BLD23-0195 NEW RESIDENCE 13300 ROBLEDA ROAD WITHOUT BASEMENT ISSUED $98,669.00 8/29/2023 2023-2024 $2,100,000 5296 $396.53 BLD23-0308 NEW RESIDENCE 13867 ROBLEDA ROAD WITHOUT BASEMENT ISSUED $89,873.30 10/2/2023 2023-2024 $3,250,000 4859 $668.86 BLD23-0427 NEW RESIDENCE 26080 QUAIL LANE MANUFACTURED ISSUED $173,448.12 10/17/2023 2023-2024 $4,900,000 7136 $686.66 BLD23-0482 NEW RESIDENCE 13021 NORTH ALTA LANE WITHOUT BASEMENT ISSUED $100,840.00 10/19/2023 2023-2024 $3,700,000 10774 $343.42 BLD23-0401 NEW RESIDENCE 25091 TEPA WAY WITHOUT BASEMENT FINALED $56,637.40 11/1/2023 2023-2024 $1,500,000 4069 $368.64 BLD23-0409 NEW RESIDENCE 14422 LIDDICOAT CIRCLE WITHOUT BASEMENT ISSUED $41,117.08 2/14/2024 2023-2024 $1,000,000 5165 $193.61 BLD23-0542 NEW RESIDENCE 26405 ASCENSION DRIVE WITH BASEMENT ISSUED $82,704.44 4/29/2024 2023-2024 $2,666,894 7273 $366.68 BLD23-0696 NEW RESIDENCE 25661 La Lanne Court WITHOUT BASEMENT ISSUED $87,240.12 4/30/2024 2023-2024 $1,200,000 6125 $195.92 BLD23-0524 NEW RESIDENCE 26023 ALICANTE LANE WITH BASEMENT ISSUED $159,497.52 5/1/2024 2023-2024 $6,000,000 8647 $693.88 BLD24-0115 NEW CONSTRUCTION 12660 ZAPPETTINI COURT ACCESSORY STRUCTURE FINALED $1,347.30 5/9/2024 2023-2024 $35,000 122 $286.89 BLD24-0024 NEW CONSTRUCTION 12800 ALTO VERDE LANE SFD WITHOUT BASEMENT ISSUED $125,781.24 6/18/2024 2023-2024 $5,000,000 6709 $745.27 BLD24-0174 NEW CONSTRUCTION 11170 MAGDALENA ROAD SFD WITHOUT BASEMENT FINALED $45,196.00 6/24/2024 2023-2024 $2,100,000 5499 $381.89 BLD23-0722 NEW RESIDENCE 10701 MAGDALENA ROAD WITHOUT BASEMENT ISSUED $93,601.60 7/3/2024 2024-2025 $3,000,000 5676 $528.54 BLD23-0454 NEW RESIDENCE 25700 Bassett Lane WITH BASEMENT ISSUED $96,904.00 7/10/2024 2024-2025 $3,600,000 7166 $502.37 BLD22-0218 NEW RESIDENCE 22560 Ravensbury Ave WITHOUT BASEMENT ISSUED $99,714.14 7/15/2024 2024-2025 $1,612,500 6212 $259.58 BLD24-0267 NEW CONSTRUCTION 14467 DE BELL ROAD SFD WITH BASEMENT ISSUED $100,146.40 8/19/2024 2024-2025 $1,080,000 7978 $135.37 Outlier BLD24-0231 NEW CONSTRUCTION 14227 AMHERST COURT SFD WITHOUT BASEMENT ISSUED $158,134.00 8/19/2024 2024-2025 $3,500,000 4991 $701.26 BLD24-0262 NEW CONSTRUCTION 27790 STIRRUP WAY SFD WITH BASEMENT ISSUED $170,132.34 10/17/2024 2024-2025 $3,930,500 7861 $500.00 BLD24-0419 NEW CONSTRUCTION 23500 CAMINO HERMOSO SFD WITHOUT BASEMENT ISSUED $81,555.72 10/28/2024 2024-2025 $2,750,000 7349 $374.20 BLD24-0475 NEW CONSTRUCTION 23500 CAMINO HERMOSO ACCESSORY STRUCTURE ISSUED $15,059.00 12/12/2024 2024-2025 $500,000 279 ######## Outlier BLD24-0575 NEW CONSTRUCTION 10660 ELOISE CIRCLE ACCESSORY STRUCTURE FINALED $3,088.56 1/16/2025 2024-2025 $72,000 394 $182.74 BLD24-0503 NEW CONSTRUCTION 13871 ROBLEDA ROAD SFD WITHOUT BASEMENT ISSUED $105,434.40 1/22/2025 2024-2025 $3,750,000 8924 $420.22 BLD24-0512 NEW CONSTRUCTION 13490 PAGE MILL ROAD ACCESSORY STRUCTURE ISSUED $6,392.44 1/24/2025 2024-2025 $200,000 1164 $171.82 BLD24-0544 NEW CONSTRUCTION 12871 ATHERTON COURT SFD WITHOUT BASEMENT ISSUED $135,486.24 1/28/2025 2024-2025 $2,500,000 5383 $464.43 BLD24-0159 NEW CONSTRUCTION 12187 KATE DRIVE SFD WITHOUT BASEMENT ISSUED $61,697.48 4/25/2025 2024-2025 $2,200,000 5976 $368.14 BLD25-0081 NEW CONSTRUCTION 28550 MATADERO CREEK LANE SFD WITH BASEMENT ISSUED $83,210.08 6/18/2025 2024-2025 $2,800,000 10219 $274.00 BLD24-0236 NEW CONSTRUCTION 12355 HILLTOP DRIVE SFD WITHOUT BASEMENT ISSUED $65,333.44 2/24/2026 2025-2026 $2,000,000.00 4781 $418.32 BLD24-0391 NEW CONSTRUCTION 27600 ALTAMONT ROAD SFD WITH BASEMENT ISSUED $43,472.36 3/10/2026 2025-2026 $690,525.00 5525 $124.98 Outlier BLD24-0393 NEW CONSTRUCTION 27600 ALTAMONT ROAD SFD WITH BASEMENT ISSUED $42,682.29 3/10/2026 2025-2026 $690,125.00 5521 $125.00 Outlier BLD25-0011 NEW CONSTRUCTION 14735 SALTAMONTES WAY SFD WITH BASEMENT ISSUED $93,060.96 2/25/2026 2025-2026 $3,000,000.00 9069 $330.80 BLD25-0049 NEW CONSTRUCTION 26790 SAINT FRANCIS DRIVE SFD WITH BASEMENT ISSUED $100,891.84 7/21/2025 2025-2026 $2,500,000.00 4279 $584.25 BLD25-0091 NEW CONSTRUCTION 26345 ALEXANDER PLACE SFD WITH BASEMENT ISSUED $64,796.88 3/4/2026 2025-2026 $2,100,000.00 8372 $250.84 BLD25-0143 NEW CONSTRUCTION 12788 LA CRESTA DRIVE SFD WITHOUT BASEMENT ISSUED $85,284.00 8/7/2025 2025-2026 $3,000,000.00 6412 $467.87 BLD25-0324 NEW CONSTRUCTION 12100 FOOTHILL LANE SFD WITH BASEMENT ISSUED $92,467.81 9/18/2025 2025-2026 $2,874,400.00 7901 $363.80
ITEM 8B
TOWN OF LOS ALTOS HILLS May 14, 2026
Staff Report to the City Council
SUBJECT: EMERGENCY PREPAREDNESS AND RESPONSE COMMITTEE
REQUEST FOR RECONSIDERATION OF SUPPORT FOR AB 2517
FROM: Jay Bradford, Community Development Director
APPROVED: Cody Einfalt, Acting City Manager
RECOMMENDATION: That the City Council
Reconsider submitting a letter of support from the Town for AB 2517 (Attachment 1).
DISCUSSION:
On March 19, 2026 the City Council considered submitting a letter of support for AB 2517. Staff presented an overview of the Assembly Bill, and provided supplemental documents explaining the legislative intent (Attachment 2 and 3)
Following Council discussion, connsensus behind support could not be reached and approval for the letter of support did not move forward.
On April 7, 2026 the Emergency Preparedness and Response Committee discussed the Assembly Bill and passed a motion for the City Council to reconsider submitting a letter of support. The full recommendation is below (Attachment 4).
1. The EPRC recommends that City Council revisit its decision regarding support for AB 2517
2. The EPRC further recommends supporting AB 2517 because it:
a. It requires the State Fire Marshal:
i. to provide public education related to the development of LRA FHSZ maps
ii. to solicit and collect written and oral comments regarding the development of new FHSZ maps
iii. to review LRA FHSZ maps every 5 years
b. It authorizes the Town, at its discretion, the ability to increase FHSZ in the LRA to a higher level on a parcel with 2+ designations
i. This is already consistent with current Town practices.
ENVIRONMENTAL REVIEW:
Submitting a letter of support for AB 2517 is exempt from California Environmental Quality Act (CEQA) due to the proposal not being defined as a “project” under CEQA.
Staff Report to City Council Page 2
Reconsideration of AB 2517
May 14, 2026
FISCAL IMPACT:
There is no anticipated direct fiscal impact for supporting the proposed legislation.
ATTACHMENTS:
1. Proposed Letter of Support
2. AB 2517 Bill Text
3. AB 2517 Fact sheet
4. April 7, 2026 Emergency Preparedness and Response Committee Recommendation
26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: 650/941-3160 May 14, 2026
The Honorable Lisa Calderon
Member, California State Assembly
1021 O Street, Suite 4650
Sacramento, CA 95814
Re: AB 2517 (Calderon) Fire Hazard Severity Zones.
Notice of SUPPORT (As Introduced on February 20, 2026)
Dear Assemblymember Calderon,
The Town of Los Altos Hills is pleased to support AB 2517 (Calderon), which would improve the Fire Hazard Severity Zone (FHSZ) designation process by ensuring consistent updates to Local Responsibility Area (LRA) maps and establishing a more transparent, publicly accessible process for developing and releasing these critical designations.
Under current law, fire hazard severity zone designations are applied in both state responsibility areas and local responsibility areas to reflect the state’s best available science regarding environmental conditions such as slope, vegetation, and wind patterns, that influence wildfire spread. While LRA FHSZ maps are required to be periodically reviewed, statute does not require a comprehensive update, and prior to the most recent release in 2025, the LRA maps had not been updated for more than 15 years.
With the 2025 release, significant concerns were raised regarding the accuracy of underlying land use information, including split parcels with multiple designations and the classification of developed areas such as parking lots and bodies of water as very high fire hazard severity zones.
Cities are required to adopt these maps by ordinance and conduct public hearings locally yet currently have no formal opportunity to meaningfully engage in or respond to concerns about the state’s model, data, or methodology before adoption.
AB 2517 would clarify how and when FHSZ maps are updated and ensure meaningful public engagement prior to local adoption. Specifically, the bill would establish a five-year update cycle for LRA FHSZ maps, require a preliminary public release of updated maps, mandate disclosure of the data, models, and methodology used to develop the designations, and provide opportunities for regional workshops and public comment before the maps are transmitted to local agencies for ordinance adoption.
ITEM 8B Attachment 1
For cities like ours, greater transparency and predictability in the FHSZ process would improve public trust, enhance local implementation, and ensure that wildfire risk designations are based on accurate and up-to-date information before being codified into local law.
For the Town of Los Altos Hills, Fire Hazard Severity Zone (FHSZ) designations have significant local implications because they influence wildfire mitigation requirements, building standards, and land use considerations in a community characterized by hillside terrain, dense vegetation, and a wildland-urban interface. Many areas of the Town are adjacent to open space and foothill landscapes, making accurate hazard designations critical to public safety and effective policy implementation. FHSZ classifications also affect defensible space requirements, vegetation management, and building materials for new construction. When inaccuracies occur in the underlying data—such as misclassified parcels or developed areas—residents may face unnecessary regulatory burdens and confusion regarding compliance.
Los Altos Hills also dedicates substantial effort to wildfire preparedness initiatives, including evacuation planning, vegetation management, and public education in coordination with the Los Altos Hills County Fire District and regional partners. Because the Town is required to adopt the state maps by ordinance, having access to transparent data, methodology, and opportunities for early public engagement is essential. A clearer and more predictable update process would allow local jurisdictions to identify mapping issues before adoption, improve coordination between state and local agencies, and strengthen community trust in the wildfire hazard designation process.
For these reasons, the Town of Los Altos Hills is pleased to support AB 2517 (Calderon).
Sincerely,
Signature
Rajiv Bhateja
Mayor of Los Altos Hills
Cc: Senator Josh Becker, California District 13th Senate District Assembly Member Marc Berman, California District 23
Montana Cruz, League of California Cities Regional Public Affairs Manager-Peninsula
california legislature—2025–26 regular session
ASSEMBLY BILL No. 2517
Introduced by Assembly Member Calderon
(Coauthor: Assembly Member Lackey)
February 20, 2026
An act to amend Sections 51178, 51179, and 51181 of the Government Code, relating to fire safety.
legislative counsel’s digest
AB 2517, as introduced, Calderon. Fire safety: fire hazard severity zones.
Existing law requires the State Fire Marshal to identify areas in the state that are not state responsibility areas, commonly known as local responsibility areas, as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires the State Fire Marshal to periodically review and make recommendations relative to very high fire hazard severity zones within local responsibility areas. Under existing law, this review is required to coincide with review of state responsibility area lands every 5 years and, when possible, fall within the timeframes for each county’s general plan update. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving the recommendations from the State Fire Marshal. Existing law authorizes a local agency to, at its discretion, include areas within its jurisdiction not identified as very high fire hazard severity zones by the State Fire Marshal as very high fire hazard severity zones and areas not identified as moderate and high fire hazard severity zones by the State Fire Marshal as moderate and 99 ITEM 8B Attachment 2
high fire hazard severity zones. Under existing law, a local agency is required to transmit a copy of an adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Existing law provides that changes made by a local agency to the recommendations made by the State Fire Marshal are final.
This bill would require the State Fire Marshal to, no fewer than 180 days before finalizing the designation of local responsibility areas as moderate, high, and very high fire hazard severity zones, post specified information on its public internet website, conduct regional public workshops to receive oral public comments and consider those comments, host a 30-day public comment period to receive written comments from interested stakeholders and respond to all written comments by local agencies within 30 days of the end of the public comment period, and coordinate with other state agencies to help educate the public during the public workshops, as specified. The bill would also require, on or before January 1, 2030, and every 5 years thereafter, the State Fire Marshal to review the local responsibility area lands designated as moderate, high, and very high fire hazard severity zones and to recommend changes. The bill would no longer require this review to, when possible, fall within the timeframes for each county’s general plan update. The bill would authorize a local agency to, at its discretion, increase the level of fire hazard severity applicable to a parcel in its jurisdiction if a parcel contains 2 or more designations, so that the higher level of fire hazard severity would apply to the entire parcel. The bill would require the State Fire Marshal to publish within 60 days the local ordinance transmitted to the board, as described above, on its internet website.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 51178 of the Government Code is line 2 amended to read:
line 3 51178. (a) The State Fire Marshal shall identify areas in the line 4 state as moderate, high, and very high fire hazard severity zones line 5 based on consistent statewide criteria and based on the severity of line 6 fire hazard that is expected to prevail in those areas. Moderate, line 7 high, and very high fire hazard severity zones shall be based on line 8 fuel loading, slope, fire weather, and other relevant factors 99 AB 2517 — 2 —
line 1 including areas where winds have been identified by the Office of line 2 the State Fire Marshal as a major cause of wildfire spread. line 3 (b) The State Fire Marshal shall, no fewer than 180 days before line 4 finalizing the designations pursuant to subdivision (a), do all of line 5 the following:
line 6 (1) Post draft maps of preliminary designations on its public line 7 internet website to ensure the preliminary designations are line 8 available for public review and comment.
line 9 (2) Post the data inputs, model, and methodology used to line 10 develop the preliminary designations on its public internet website. line 11 (3) (A) Conduct regional, public workshops on the draft maps, line 12 before initiating the public comment period pursuant to paragraph line 13 (4), to receive oral public comments.
line 14 (B) Provide at least one online virtual option for public line 15 participation in a workshop pursuant to subparagraph (A) of this line 16 paragraph.
line 17 (C) Consider, within 30 days of a public regional workshop line 18 pursuant to subparagraph (A) of this paragraph, all oral public line 19 comments received.
line 20 (4) (A) Host a 30-day public comment period for interested line 21 stakeholders to provide written comment on the draft maps. line 22 (B) Respond to, within 30 days of the end of the public comment line 23 period pursuant to subparagraph (A) of this paragraph, all written line 24 comments received from local agencies regarding land use and line 25 zoning matters.
line 26 (5) Coordinate with other state agencies to help educate the line 27 public during the public workshops pursuant to paragraph (3) on line 28 the following topics related to the preliminary designations:
line 29 (A) Mitigation activities.
line 30 (B) Fire insurance.
line 31 (C) Other related maps and models.
line 32 (c) After the process described in subdivision (b), the State Fire line 33 Marshal shall finalize the designations and transmit the maps line 34 identifying the fire hazard severity zones, pursuant to subdivision line 35 (a), to the appropriate local agency.
line 36 SEC. 2. Section 51179 of the Government Code is amended line 37 to read:
line 38 51179. (a) A local agency shall designate, by ordinance, line 39 moderate, high, and very high fire hazard severity zones in its 99 — 3 — AB 2517
line 1 jurisdiction within 120 days of receiving recommendations from line 2 the State Fire Marshal pursuant to Section 51178. line 3 (b) (1) A local agency may, at its discretion, include areas line 4 within the jurisdiction of the local agency, not identified as very line 5 high fire hazard severity zones by the State Fire Marshal, as very line 6 high fire hazard severity zones following a finding supported by line 7 substantial evidence in the record that the requirements of Section line 8 51182 are necessary for effective fire protection within the area. line 9 (2) A local agency may, at its discretion, include areas within line 10 the jurisdiction of the local agency, not identified as moderate and line 11 high fire hazard severity zones by the State Fire Marshal, as line 12 moderate and high fire hazard severity zones, respectively. line 13 (3) A local agency may, at its discretion, increase the level of line 14 fire hazard severity applicable to a parcel in its jurisdiction if a line 15 parcel contains two or more designations, so that the higher level line 16 of fire hazard severity would apply to the entire parcel. line 17 (3)
line 18 (4) A local agency shall not decrease the level of fire hazard line 19 severity zone as identified by the State Fire Marshal for any area line 20 within the jurisdiction of the local agency, and, in exercising its line 21 discretion pursuant to paragraph (2), may only increase the level line 22 of fire hazard severity zone as identified by the State Fire Marshal line 23 for any area within the jurisdiction of the local agency. line 24 (c) The local agency shall transmit a copy of an ordinance line 25 adopted pursuant to subdivision (a) to the State Board of Forestry line 26 and Fire Protection within 30 days of adoption. line 27 (d) Changes made by a local agency to the recommendations line 28 made by the State Fire Marshal shall be final and shall not be line 29 rebuttable by the State Fire Marshal.
line 30 (e) The State Fire Marshal shall publish within 60 days the line 31 local ordinances transmitted pursuant to subdivision (c) on its line 32 internet website to ensure they are publicly available. line 33 (e)
line 34 (f) The State Fire Marshal shall prepare and adopt a model line 35 ordinance that provides for the establishment of very high fire line 36 hazard severity zones.
line 37 (f)
line 38 (g) Any ordinance adopted by a local agency pursuant to this line 39 section that substantially conforms to the model ordinance of the 99 AB 2517 — 4 —
line 1 State Fire Marshal shall be presumed to be in compliance with the line 2 requirements of this section.
line 3 (g)
line 4 (h) A local agency shall post a notice at the office of the county line 5 recorder, county assessor, and county planning agency identifying line 6 the location of the map provided by the State Fire Marshal pursuant line 7 to Section 51178. If the agency amends the map, pursuant to line 8 subdivision (b) or (c) of this section, the notice shall instead line 9 identify the location of the amended map.
line 10 SEC. 3. Section 51181 of the Government Code is amended line 11 to read:
line 12 51181. The On or before January 1, 2030, and every five years line 13 thereafter, the State Fire Marshal shall periodically review the line 14 areas in the state identified as review the local responsibility area line 15 lands in the state, including areas identified as moderate, high, line 16 and very high fire hazard severity zones pursuant to this chapter, line 17 and as necessary, shall make recommendations relative to very line 18 high fire hazard severity zones. recommend changes in accordance line 19 with Sections 51178 and 51179. This review of local responsibility line 20 area lands shall coincide with the review of state responsibility line 21 area lands every five years and, when possible, fall within the time line 22 frames for each county’s general plan update. Any revision of line 23 areas included in a very high fire hazard severity zone shall be line 24 made in accordance with Sections 51178 and 51179. years.
O
99 — 5 — AB 2517
Assemblymember Lisa Calderon,
AB 2517 – Fire Hazard Severity Zone Process
SUMMARY ProProcessProcessionMenopause Workplace Protections AB 2517 modifies the Fire Hazard Severity Zone
(FHSZ) designation process, focused on improving
the frequency in the release of the FHSZ maps and
creating a more publicly accessible and transparent
process to achieve greater awareness and
understanding of these designations.
BACKGROUND
Public Resource Code 4202 requires the State Fire
Marshal (SFM) to classify lands within state
responsibility areas into Fire Hazard Severity Zones
(FHSZ). Each zone shall embrace relatively
homogeneous lands and shall be based on fuel
loading, slope, fire weather, and other relevant factors present, including areas where winds have been
identified by the department as a major cause of
wildfire spread.
Under Government Code 51178, the SFM is required
to identify areas in the state as moderate, high, and
very high fire hazard severity zones based on
consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
Moderate, high, and very high fire hazard severity
zones shall be based on fuel loading, slope, fire
weather, and other relevant factors including areas
where winds have been identified by the SFM as a
major cause of wildfire spread.
According to CAL FIRE, “the best available science
and data were used to develop and field test a model
that now serves as the basis of zone assignments. The
model evaluated the probability of the area burning
and potential fire behavior in the area. Many factors
were included such as fire history, vegetation, flame
length, blowing embers, proximity to wildland,
terrain, and weather.”
PROBLEM
Under current law, the FHSZ designations in local
responsibility areas are required to be “periodically”
reviewed. Prior to this year, the FHSZ maps were last
updated in the 2007 to 2009 timeframe. With the most
recent map release occurring last year (2025), there
have been concerns that local governments do
not have the ability to provide updated land use
information prior to the maps being released by the
state. For example, in the most recent maps, parcels
were split in half with two different zones, and
parking lots and other bodies of water were designed
as very high fire severity zone. This is problematic
and challenging for local agencies to then apply the
required mitigations to these areas. To improve the
understanding by local fire officials and the public
about the data and science that informs the FHSZ map
designations, an improved public process including
the release of the data/methodology the state uses
would be beneficial to improve the understanding of
the models the characterize environmental hazards as
part of the designation process.
SOLUTION
AB 2517 improves the FHSZ designation process by:
1) Providing a five-year frequency for when
maps should be updated by the State Fire
Marshal;
2) Requiring a preliminary release of the maps
to allow for a transparent, public process for
local governments and stakeholders to
provide updated land use information to the
state prior to the maps being finalized (this is
would also allow public comments to be
provided to the state on the development of
the FHSZ maps);
3) Requiring that FHSZ designations must be
consistent at the parcel level; and
4) Requiring the data and methodology used to
be released by the state when the maps are
updated.
SUPPORT
League of California Cities
CONTACT
Arnell Rusanganwa
Office of Assemblymember Lisa Calderon
(916) 319-2056
[email protected]
ITEM 8B Attachment 3
AB 2517 (Calderon)
Existing
State Law
• Requires State Fire Marshal (SFM) to:
• Identify LRA moderate, high, very high FHSZs
based on statewide criteria and severity of fire
hazard
• Periodically review and recommend relative to
VHFHSZ in LRA
• Review required every 5 years within timeframe of
county’s general plan update
• Local agencies
• to designate by ordinance moderate, high and
very high FHSZ in its jurisdiction within 120 days
of receiving state recs
• Authorized, at their discretion, to upgrade zones to
higher levels
• Ordinance submission to State Bd of Forestry and Fire Protection withing 30 days
This bill would
require:
• SFM to, no fewer than 180 days before finalizing
LRA FHSZ maps:
• Post specific info on its public website
• Conduct regional public workshops to
receive oral public comments
• Host 30-day public comment period to
receive written public comments
• Respond to written comments by local
agencies within 30 days
• Educate the public, as specified
• SFM to review LRA FHSZ designations by
1/1/2030 and every 5 years thereafter
• Uncouples release of maps from county general
plan update timeline
• Authorizes local agencies, at their discretion, to
increase FHS to higher of 2+ levels on a property
• SFM to publish within 60 days local ordinance
transmittal to the board
LAH Letter of
Support
• Mayor Bhateja prepared a letter
from LAH supporting AB 2517
• Discussion by CC
• Concerns about provision of
local agency discretion to
upgrade FHS on parcels with
more than 1 designation
• Voted down by CC; 2 yes, 2 no,
1 absent
Question to
EPRC
• Should the EPRC recommend that CC
reconsider its position on this bill?
Motion to forward recommendation City
Council
1. The EPRC recommends that City Council revisit its decision regarding support for AB 2517 (Calderon).
2. The EPRC further recommends supporting AB 2517 because it:
a. It requires the State Fire Marshal
i. to provide public education related to the development of LRA FHSZ maps ii. to solicit and collect written and oral comments regarding the development of new FHSZ maps
iii. to review LRA FHSZ maps every 5 years
b. It authorizes the Town, at its discretion, the ability to increase FHSZ in the LRA to a higher level on a parcel with 2+ designations i. This is already consistent with current Town practices.
ITEM 8C
TOWN OF LOS ALTOS HILLS May 14, 2026
Staff Report to the City Council
SUBJECT: RESOLUTION ORDERING AND CALLING FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES;
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SANTA CLARA CONSOLIDATE SAID MUNICIPAL ELECTION
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE;
PROVIDING FOR NOTICE OF THE ELECTION; AND ADOPTING
UNIFORM POLICIES PERTAINING TO CANDIDATE STATEMENTS
AND FEES
FROM: Arika Birdsong-Miller, City Clerk
APPROVED: Cody Einfalt, City Manager
RECOMMENDATION: That the City Council:
Adopt the attached Resolution Ordering and Calling for the General Municipal Election on November 3, 2026, and consolidating said election with Santa Clara County.
BACKGROUND:
The General Municipal Election of the Town of Los Altos Hills will be held on Tuesday, November 3, 2026, for the purpose of filling two (2) seats on the Los Altos Hills City Council for full four-year terms ending in December 2030. The Town desires to consolidate this municipal election with the statewide general election to be held on the same date.
Pursuant to California Elections Code Sections 10002, 10220, 10403, 12101, and 13307, the City Council is required to adopt a resolution ordering and calling the General Municipal Election, requesting consolidation with the statewide election, requesting election services from the Santa Clara County Registrar of Voters, providing for notice of the election, and adopting regulations pertaining to candidate statements and associated fees. These election requirements have been consolidated into a single resolution as shown in Attachment 1.
DISCUSSION:
Upon adoption of the Resolution, the City Clerk will send a certified copy of the Election Resolution to the Santa Clara County Board of Supervisors and Registrar of Voters. The deadline for submission of the Resolution requesting consolidation of the election is July 1, 2026. The City Clerk, as directed by the attached Resolution, will also publish the Notice of Election at the appropriate time.
Staff Report to City Council Page 2
General Municipal Election
May 14, 2026
FISCAL IMPACT
The projected cost of the General Municipal Election is $40,000. Sufficient funds have been requested for the 2026-27 Fiscal Year Budget.
ATTACHMENTS
1. Proposed Resolution
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS
HILLS ORDERING AND CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SANTA CLARA TO CONSOLIDATE SAID MUNICIPAL ELECTION
PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; PROVIDING FOR NOTICE OF THE ELECTION; AND ADOPTING UNIFORM
POLICIES PERTAINING TO CANDIDATE STATEMENTS AND FEES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of municipal officers; and
WHEREAS, the term of two (2) members of the Town of Los Altos Hills (“Town”) City Council is due to expire in December 2026 and the positions must be filled; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date, and that within the Town the precincts, vote centers, election officers, and ballot processing procedures of the two elections be the same, and that the Santa Clara County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, pursuant to California Elections Code Sections 10400, 10402, and 10403, the Town may request consolidation of its General Municipal Election with the statewide general election to be held on November 3, 2026; and
WHEREAS, Elections Code Section 10002 authorizes the Town to request election services from the Santa Clara County Registrar of Voters and requires the Town to reimburse the County for services performed in conducting the election; and WHEREAS, Elections Code Section 12101 requires the City Clerk to publish notice of the election in the time and manner prescribed by law; and WHEREAS, Elections Code Section 13307 authorizes the City Council to adopt policies
and procedures pertaining to candidate statements and associated costs and fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY RESOLVE AS FOLLOWS:
1. Pursuant to Section 10403 of the Elections Code of the State of California, relating to General Law Cities, there is called and ordered to be held in the Town of Los Altos Hills, California on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing two (2) Members of the City Council, each for a full term of four (4) years.
2. Pursuant to Sections 10400, 10402, and 10403 of the California Elections Code, it is in the best interest of the public to consolidate the Los Altos Hills General Municipal Election with the Statewide General Election to be held on November 3, 2026. The consolidated election will be held and conducted in accordance with the provisions of law regulating the statewide election.
3. Pursuant to Section 10002 of the Elections Code of the State of California, the Town of Los Altos Hills requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the Town as requested by the City Clerk and shall reimburse the County for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the election for the Town. The Town requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare the Town’s election materials.
The election services to be performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, and election officers; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the City Clerk; and the performance of other election services as may be requested by the City Clerk.
4. The City Council of the Town of Los Altos Hills requests the Board of Supervisors of the County of Santa Clara to hold and conduct the municipal election in the manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election.
The County of Santa Clara is hereby authorized to certify the returns of the municipal election.
5. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation with the Town of Los Altos Hills of a General Municipal Election with the
Statewide Election on November 3, 2026, for two (2) Los Altos Hills City Council seats.
6. The Board of Supervisors is requested to make available the services of the Registrar of Voters of the County of Santa Clara for the purpose of providing the usual services necessary in conducting said election, including, but not limited to, the provision of election supplies, voter pamphlets, ballots, notices, printed materials and all supplies, equipment and paraphernalia necessary to properly and lawfully conduct the election.
7. The Registrar of Voters is authorized to specify the location for the tally of ballots, canvass the results of the two City Council seats and certify the results to the City Clerk of the Town of Los Altos Hills.
8. The City Clerk shall file a certified copy of this Resolution with both the Santa Clara County Board of Supervisors and the Santa Clara County Registrar of Voters.
9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
10. The City Manager is authorized and directed to compensate Santa Clara County for the cost of conducting the General Municipal Election for the Town.
11. The City Clerk is hereby authorized and directed to publish a Notice of General Municipal Election within the time and manner specified in Section 12101 of the California Elections Code.
12. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
13. Pursuant to Sections 10228 and 13307 of the California Elections Code, the City Council approves and adopts the following uniform policies and procedures concerning the General Municipal Election to be held on November 3, 2026:
a) Each candidate for elective office to be voted for at an election to be held in the Town of Los Altos Hills on November 3, 2026, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. b) The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
c) The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. on the next working day after the close of the nomination period.
d) Candidates shall be exempt from charges for the cost of translations mandated by the Federal Voting Rights Act and the preparation and mailing of Candidate Statements. e) Candidates shall be exempt from payment of any filing fee. f) In the event of a tie vote, the City Council, in accordance with Elections Code Section 15651(a), shall set a date, time, and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. g) Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Santa Clara.
PASSED AND ADOPTED by the City Council of the Town of Los Altos Hills, State of California, this ___ day of ________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Rajiv Bhateja, Mayor
Town of Los Altos Hills
ATTEST:
__________________________________
Arika Birdsong-Miller
City Clerk
ITEM 8D
TOWN OF LOS ALTOS HILLS May 14, 2026
Staff Report to the City Council
SUBJECT: ADOPT A RESOLUTION APPROVING OF A NEW THREE-YEAR
CONCESSIONAIRE AGREEMENT WITH VICTORA DYE EQUESTRIAN,
LLC FOR THE OPERATION OF WESTWIND COMMUNTIY BARN
FROM: Joram Parcutilo, Management Analyst JP
APPROVED: Cody Einfalt, Acting City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution (Attachment 1) approving a new three-year concessionaire agreement with Victoria Dye Equestrian, LLC for the operation of Westwind Community Barn (Attachment 2).
BACKGROUND:
The Westwind Community Barn is a long-standing and valued Town asset that reflects the rural and equestrian heritage of Los Altos Hills. Located on a 15-acre property at 27210 Altamont Road, the facility has served for decades as a central hub for equestrian activity, community gathering, and recreation.
Westwind Community Barn plays a key role in preserving the Town’s semi-rural character and equestrian lifestyle. The facility supports a wide range of uses, including horse boarding, riding instruction, youth programs, and public events, while also providing access to adjacent open space areas such as Byrne Preserve. Over time, it has fostered a strong sense of community through programs like the Westwind Riding Institute (WRI) and Town-sponsored events.
The Barn has historically operated under a concessionaire model, where a private operator manages day-to-day operations on behalf of the Town while ensuring public access and community programming. Victoria Dye Equestrian, LLC (VDE) has served as the concessionaire for over a decade, providing consistent management, maintaining facility operations, and supporting the Barn’s role as a vibrant community resource.
Renewal of the VDE contract was also identified as a project in the City Council’s 2026–2027 Work Plan (Attachment 4), reflecting Council’s priority to ensure continued operations and longterm stewardship of the facility.
The current agreement is set to expire, and staff has negotiated a new agreement to continue operations while incorporating updated terms to reflect current operational, financial, and maintenance needs.
2 Staff Report to City Council
Victoria Dye Equestrian Contract Renewal
May 14, 2026
DISCUSSION:
Town Staff, the City Attorney’s Office, the Council’s Ad Hoc Committee, the Finance and Investment Committee (FIC), and Torie from Victoria Dye Equestrian (VDE) began reviewing the current agreement earlier this year. Staff compiled feedback from all parties and prepared a redline version of the agreement identifying proposed revisions (Attachment 2).
As part of the review process, Staff, the Council’s Ad Hoc Committee, Torie from Westwind Barn, and FIC listed various concerns and comments that were all taken into consideration when putting the proposed agreement together. Key comments and concerns identified through the review process included:
• Evaluation of the proposed 3year agreement term
• Development of a dedicated Capital Improvement Program (CIP) funding strategy for long-term barn maintenance and replacement schedules
• Clarification of maintenance responsibilities and arena maintenance standards • Review of concessionaire fees, including inflation/COLA adjustments, revenue-sharing percentages, and IEA fee structures
• Continuation and scope of audit procedures and financial reporting requirements • Insurance and liability requirements, including commercial automobile coverage and additional insured provisions
• Conditional Use Permit (CUP) requirements and consistency with existing entitlements • Updates to safety and compliance standards, including SafeSport and concussion awareness training; and clarification of operational, financial transparency, and facility improvement responsibilities between the Town and concessionaire The proposed agreement (Attachment 2) is intended to balance operational continuity, fiscal responsibility, and long-term stewardship of the Westwind Community Barn. Retaining Victoria Dye Equestrian, LLC provides continuity of operations, minimizes disruption to existing programs and boarders, and maintains services consistent with the Barn’s role as a community asset.
The agreement also provides clearer responsibilities between the concessionaire and the Town, particularly regarding routine maintenance versus major capital improvements, improving accountability and reducing ambiguity present in prior agreements. In addition, the proposed agreement establishes a more structured capital planning approach through a dedicated CIP framework to address ongoing maintenance needs and reduce deferred infrastructure impacts.
From a fiscal perspective, the revised management payment and revenue-sharing structure better reflect current operating conditions while continuing to provide financial benefit to the Town.
Overall, the proposed agreement supports the Town’s goals of preserving its equestrian character, maintaining public access, and ensuring the long-term sustainability of the Westwind Community Barn.
3 Staff Report to City Council
Victoria Dye Equestrian Contract Renewal
May 14, 2026
ANALYSIS:
The proposed agreement (Attachment 2) includes several substantive updates from the existing 2023 agreement intended to clarify operational responsibilities, strengthen long-term facility maintenance planning, modernize safety and insurance requirements, and refine the financial relationship between the Town and Victoria Dye Equestrian (“VDE”).
A change in the proposed agreement is the expansion and clarification of maintenance responsibilities between the Town and the concessionaire. While the existing agreement generally established that VDE was responsible for routine maintenance and the Town was responsible for major repairs, the proposed agreement provides substantially greater detail regarding those obligations. The proposed agreement formalizes the Town’s maintenance support commitment of up to ten (10) hours per month, or one hundred twenty (120) hours annually, for maintenance items not specifically identified in the agreement, with the ability for the Town to charge for additional requested services beyond the allotted hours. The agreement also adds requirements for twiceannual maintenance walkthroughs between the Town and VDE to proactively identify maintenance and repair needs.
Additionally, the proposed agreement establishes a dedicated Capital Improvement Program (“CIP”) for the Westwind Community Barn, which was not formally included in the prior agreement. The CIP is anticipated to include annual funding in the range of approximately $50,000 to $100,000 to support long-term capital repairs, replacement schedules, and deferred maintenance prevention. Relatedly, the proposed agreement incorporates a new formal Arena Maintenance Plan as Exhibit I, outlining lifecycle maintenance schedules for the lower arena, upper arena, and round pen, including planned flipping, laser leveling, footing replacement, and ongoing maintenance activities. The existing agreement referenced arena maintenance generally but did not contain a detailed maintenance exhibit or formal lifecycle schedule.
The proposed agreement also includes several financial modifications per the recommendation of our Finance and Investment Committee (FIC). The monthly management payment to VDE would increase from $3,300 per month under the current agreement to $4,000 per month under the proposed agreement. The revenue-sharing structure for concessionaire-operated programs is also revised. While most riding programs, clinics, and instructional services would continue under the existing 80/20 and 82/18 revenue split structure, the proposed agreement creates a separate revenue-sharing category for training services at an 85% concessionaire and 15% Town split to reflect the labor-intensive nature of those services. The proposed agreement also contemplates increasing the allowable number of annual horse shows from four (4) to five (5), subject to consistency with applicable Conditional Use Permit requirements.
Operational and safety requirements are also expanded in the proposed agreement. New language requires staff and instructors to maintain ongoing safety-related certifications, including US Equestrian Foundation Safe Sport Training, concussion awareness training consistent with industry standards, and Interscholastic Equestrian Association participation requirements.
4 Staff Report to City Council
Victoria Dye Equestrian Contract Renewal
May 14, 2026
Additional provisions require proof of vaccinations for outside horses brought onto the property, liability waivers for all facility users, and additional oversight regarding outside horse usage and emergency preparedness planning. These provisions were not expressly included in the original 2023 agreement, but per the direction of the Ad Hoc Committee, were incorporated as well.
The proposed agreement further updates and modernizes the insurance and indemnification provisions. Revisions include expanded commercial automobile liability requirements, additional insured language specifically naming the Town and its officers, clarification regarding primary and excess insurance coverage obligations, and updated notice requirements related to policy cancellation or modification. These insurance provisions have been reviewed and approved by the City Attorney.
In addition to the proposed concession agreement, the Town is concurrently processing amendments to the Conditional Use Permit (“CUP”) associated with operation of the Westwind Community Barn to ensure operational consistency between the facility entitlements and the updated concession framework. The CUP process is anticipated to address operational components such as programming, horse shows, facility use, and related operational standards associated with the barn.
The CUP application has been or will be routed to the Town’s Environmental Design and Protection Committee (EDPC), Open Space Committee (OSC), and Pathways Committee, for review and comment. Staff anticipates having the committees feedback by May 14, 2026.
Following committee review, Staff anticipates bringing the CUP amendments forward to the Planning Commission for consideration at its June 4, 2026 meeting.
The proposed agreement also references the separate Westwind Riding Institute (“WRI”) Agreement, which governs the relationship between the Town and WRI regarding facility use, programming coordination, and operational responsibilities associated with WRI activities at the Barn. Staff anticipates that the WRI agreement will also require renewal and coordination concurrent with the updated concession agreement to ensure alignment between all operational documents governing use of the facility. Staff has met with the WRI and plans to renew the agreement under the same conditions following the approval of the VDE contract.
ENVIRONMENTAL REVIEW:
The proposed project does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
The proposed agreement includes several fiscal changes from the existing 2023 agreement. Key fiscal components include:
5 Staff Report to City Council
Victoria Dye Equestrian Contract Renewal
May 14, 2026
• An increase to the monthly management payment from $3,300 per month under the existing agreement to $4,000 per month under the proposed agreement, resulting in an annual Town expenditure of approximately $48,000.
• Revised revenue-sharing provisions for concessionaire-operated programs. Most instructional programs, riding services, clinics, and facility rentals would continue under the existing 80/20 and 82/18 revenue-sharing structure; however, training services would transition to a revised 85% concessionaire / 15% Town split to reflect the labor-intensive nature of those services. Boarding and horse show revenue structures would otherwise remain generally unchanged.
• Formalization of Town maintenance support of up to ten (10) hours per month, or one hundred twenty (120) hours annually, for miscellaneous maintenance items not specifically identified in the agreement. Additional requested services beyond the allotted hours may be billable to the concessionaire.
• Planned Capital Improvement Program (“CIP”) investment of approximately $50,000– $100,000 annually to support long-term facility maintenance, arena rehabilitation, infrastructure replacement, and deferred maintenance prevention efforts associated with the Westwind Community Barn.
• Incorporation of the formal Arena Maintenance Plan (Exhibit I in the Attachment 1), which establishes anticipated lifecycle maintenance schedules and future maintenance obligations for the lower arena, upper arena, and round pen.
ATTACHMENTS
1. Resolution
2. Proposed Victoria Dye 2026 Proposed Agreement (signed by Concessionaire)
3. Redlined Version of Agreement
4. 2026-2027 City Council Workplan
ITEM 8D Attachment 1
RESOLUTION __ -26
RESOLUTION APPROVING OF A NEW THREE-YEAR CONCESSIONAIRE
AGREEMENT WITH VICTORA DYE EQUESTRIAN, LLC FOR THE OPERATION
OF WESTWIND COMMUNTIY BARN
WHEREAS, the Town of Los Altos Hills owns the Westwind Community Barn, located at 27210 Altamont Road, which serves as an important community, recreational, and equestrian facility; and WHEREAS, Victoria Dye Equestrian, LLC has operated the Westwind Community Barn under a concessionaire model and has provided ongoing management, programming, and equestrian services at the facility; and
WHEREAS, the current agreement is set to expire, and Town staff has negotiated a new three-year Concessionaire Agreement with Victoria Dye Equestrian, LLC to continue operation and management of the facility; and
WHEREAS, the proposed agreement clarifies operational and maintenance responsibilities, updates financial terms, incorporates safety and insurance requirements, and supports long-term stewardship of the Westwind Community Barn; and
WHEREAS, the proposed agreement includes a monthly management payment of $4,000, updated revenue-sharing provisions, formalized Town maintenance support, and coordination with future capital improvement planning for the facility.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby:
1. Approves the three-year Concessionaire Agreement with Victoria Dye Equestrian, LLC for the operation and management of the Westwind Community Barn; and Authorizes the City Manager to execute the agreement.
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 14hof May 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Rajiv Bhateja, Mayor
ATTEST:
_____
Arika Miller, City Clerk
1 CONCESSION AGREEMENT FOR OPERATION OF THE WESTWIND COMMUNITY BARN
OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN THE TOWN OF LOS ALTOS HILLS AND
VICTORIA DYE EQUESTRIAN, LLC
DATED: JULY 1, 2026
ITEM 8D Attachment 2
2 TABLE OF CONTENTS
Page No.
1. Grant of Concession 3
2. Concessionaire Operating Responsibilities 4
3. Access to the Public 7
4. Facility Maintenance 8
5. Sanitation 9
6. Facility Improvements 10
7. Ownership of Facility 11
8. Fees and Charges 11
9. Books, Records, Reports and Audit 11
10. Collection of Fees and Charges Past Due 12
11. Concession Fees 12
12. Agreement Enforcement 13
13. Compliance with Laws 13
14. Town Events 14
15. Possessory Interest Tax 14
16. Indemnification 14
17. Insurance 16
18. Assignment 17
19. Waiver of Defaults 17
20. Relationship of Parties 17
21. Term of Agreement 18
22. Attorney's Fees 19
23. Force Majeure 19
24. Independent Contractor 19
25. Transition of Stable to Concessionaire 20
26. Successors in Interest 20
27 Notices 20
28. Exhibits Incorporated by Reference 21
29. Governing Law, Jurisdiction, Venue 21
30. Entire Agreement 21
3 CONCESSION AGREEMENT FOR OPERATION OF THE WESTWIND COMMUNITY
BARNOWNED BY THE TOWN OF LOS ALTOS HILLS
THIS CONCESSION AGREEMENT ("Agreement") is made and entered into by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") and Victoria Dye Equestrian, a California Limited Liability Company ("Concessionaire"). (Town and Concessionaire are each a "Party" and are collectively the "Parties.")
RECITALS
A. The Town owns a 15-acre property located at 27210 Altamont Road, Los Altos Hills known as the Westwind Community Barn upon which are buildings and other improvements intended for the private boarding of horses, the instruction and training of riders and their horses, promoting the community aspects of the Facility including the Westwind Riding Institute (WRI) Program, the Interscholastic Equestrian Association (IEA), public recreation and special events. This real property and all buildings and improvements shall be collectively referred to in this Agreement as the "Stable Facility" or "Facility";
B. Concessionaire has cost effectively maintained and safely operated the Stable Facility for 12 years . Concessionaire shall manage the Facility use schedule in such a manner to minimize conflict and foster a socially vibrant and healthy learning environment for all Facility users pursuant to a concession agreement;
C. The Town's overall vision of operating principles for Westwind Community Barn is further described in Exhibit "H";
D. The Parties therefore desire to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the Parties hereby covenant, promise and agree as follows:
1. Grant of Concession
A. As of July 1, 2026, (the "Effective Date"), the Town grants to Concessionaire a concession at the Stable Facility for the limited purpose of maintaining and operating the Stable Facility as further described in the attached Exhibit “A” and in conformance with all requirements of this Agreement. Concessionaire shall devote the greater part of its working time and attention to the operation of the Concession and shall promote, increase and continue to develop the business. Victoria Dye Equestrian, LLC shall assign Victoria Dye to manage the Facility during the days and hours of operation of the Concession.
B. Concessionaire shall maintain payment and utilities costs for Facility including electric, water, telephone, and internet, except that the Town shall reimburse 50% of the water utility cost upon submittal of invoice and utility payment receipt. The Town also agrees to continue to pay utility service cost for sewer service, conduct annual and monthly fire inspections, maintain smoke detectors and extinguishers, and be responsible for trash and manure pickup.
4 2. Concessionaire Operating Responsibilities
A. Concessionaire shall at all times during the term of this Agreement provide sufficient material, supplies, equipment, and labor to accomplish required programs and services on the Facility and be responsible for performing duties and responsibilities which include the following:
I. Concessionaire shall use the premises solely for the boarding and care of horses and related services including the training and instruction of riders and horses. The Facility is not permitted or warranted for overnight human habitation.
II. Concessionaire shall maintain a maintenance and operations plan that demonstrates how the Concessionaire will maintain and operate the Facility. The plan should include schedules, procedures and documentation methods for all of the maintenance, housekeeping, sanitation and safety programs and tasks that are necessary to operate the Facility in accordance with applicable rules and regulations.
III. Three (3) times a year, Concessionaire shall provide job-related safety and risk management training to employees by a certified vendor.
IV. Concessionaire shall ensure that all instructors and applicable personnel maintain current safety training consistent with industry standards. At a minimum, Concessionaire represents that its staff are certified in SafeSport training as required by the United States Equestrian Federation (USEF). In addition, pursuant to participation requirements under the Interscholastic Equestrian Association (IEA), Concessionaire represents that its staff have completed concussion awareness training.
V. Concessionaire shall require that any non-boarder horses brought onto the Facility provide proof of current vaccinations, as applicable. All individuals utilizing the Facility, including riders and program participants, shall be required to execute a liability waiver approved as to form by the Town. Concessionaire shall monitor and manage outside horse usage, which is limited in frequency and generally associated with scheduled events or incidental trail use.
VI. Concessionaire shall inform the Town of any and all services, programs and activities that the Concessionaire shall offer; the Town reserves the right to approve any or all services, programs, and activities offered on the premises by the Concessionaire. If a service or program is expressly disapproved by the Town, Concessionaire shall immediately suspend operations associated with the identified service or program VII. Concessionaire shall understand and comply with all applicable laws, rules, regulations and guidelines in the care of horses. Concessionaire shall manage the Facility in a responsible and safe manner consistent
5 with the terms of this Agreement, applicable equine industry best management practices and previously established Westwind Community Barn manager duties as further described in Exhibit "G".
VIII. Concessionaire shall maintain a written Medical Emergency Plan (MEP) to address immediate medical care needs of individual riders and horses in the event of a medical emergency.
IX. VIII.Concessionaire shall maintain an Emergency Evacuation Plan (EEP) for immediate evacuation of any or all boarded horses in the event of an emergency. Concessionaire shall participate and make Facility available for large animal rescue and training exercises X. Concessionaire shall comply with the State of California Cal-OSHA regulations, including Section 3203 of Title 8 of the California Code of Regulations which requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
XI. Concessionaire shall undertake background and security investigations of each of Concessionaire's staff as a condition of beginning and continuing work under any resulting Contract, the cost of which is the sole responsibility of the Concessionaire.
XII. Concessionaire shall undertake all aspects of financial management and record keeping, including billing for services, programs and payments to vendors/trainers.
XIII. Concessionaire shall be responsible for ensuring the safety of the public and Facility users while on the Facility and shall consistently apply and enforce all rules, regulations, policies and equestrian best management practices.
XIV. Concessionaire shall be responsible for all use of space and assignment of resources for the Facility. Concessionaire shall prohibit the storage or placement of trunks, tacks, and other supplies in Barn aisle ways.
XV. Concessionaire shall manage the number of horses and no more than ten (10) shall be pastured in Byrne Preserve. Concessionaire may pasture up to eight (8) school horses in Byrne Preserve and have use of the Facility without charge for Facility land use. School horses must have a calm temperament due to the many other users of the Preserve.
XVI. Concessionaire shall reasonably accommodate public community programs such as Westwind Riding Institute ("WRI"), and will provide WRI with upper arena usage Monday and Thursday from 4-5 pm.
XVII. WRI and Concessionaire shall have a boarding agreement, subject to approval as to form by the City Attorney, which shall specify the terms
6 and conditions of that WRI's use of the Stable Facility. Such agreement shall provide a clause whereby WRI and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire. The WRI facility use and maintenance agreement between WRI and the Town is outlined in Exhibit "F."
XVIII. Concessionaire shall publish and maintain a current schedule of fees and charges for all services provided by the Concessionaire at the Facility.
XIX. Concessionaire shall provide existing and future instructional riding programs offered to the public as further described in Exhibit "B". The Concessionaire shall work with the Town to ensure that riding programs requested by the Town shall meet the scope and quality established by the Town for such programs.
XX. Concessionaire shall publish arena time allocations on a weekly basis and seek input from Facility users in order to resolve potential conflict.
Special events will be communicated to Facility users with adequate notice.
XXI. Concessionaire shall be able to recognize if a horse is in distress and shall take the appropriate steps to safeguard the health and safety of the animal.
XXII. The Concessionaire shall be responsible for communicating to the Town any maintenance needs for fencing in Byrne Preserve and maintaining watering troughs in the Byrne Preserve. The Town shall be responsible for maintaining fire breaks, paths, gates, fence, trails, trees and other plant life and the general stewardship of the preserve.
XXIII. As soon as possible, but not to exceed twenty-four (24) hours, Concessionaire must notify the Town of any incident involving threat to public safety or injury/fatality to Facility workers or Facility users, or damage to public property. Concessionaire shall transmit an incident report to the Town on a Town approved Incident Report form.
B. Concessionaire agrees to post at conspicuous locations about the Facility notices giving the name, address, and telephone number of the superintendent responsible for the premises. Concessionaire agrees to allow the Town to maintain the Sheriff's office at the current location in the Facility solely for the occupancy and benefit of law enforcement personnel at no charge to the Town. The Town agrees to maintain the existing un-monitored digital video
7 recording surveillance system of the Stable Facility 24 hours, seven days a week and provide system access to Concessionaire. The Town agrees that Concessionaire is not required to maintain 24-hour on-site supervision of the Facility.
C. Concessionaire shall have a Town-approved written agreement with each Facility user and trainer who utilizes the Facility. The agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that trainer's use of the Stable Facility. Such agreement shall provide a clause whereby the trainer and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff, and Council Members for any and all losses associated with boarding, lessons, riding or any other activity on the Facility while under control of Concessionaire. Trainer agreement shall include a description of how the trainer is to be compensated and what programs and services the trainer is required or permitted to provide. Any fees which may be charged by a trainer for any program or service at the Facility shall be specified in the written agreement. Concessionaire shall provide the Town with a copy of Facility user and trainer's signed agreement prior to allowing user or trainer to use the Facility and shall further provide the Town with a copy of any amendment to any such signed agreement within two (2) days after the execution of such amendment.
D. Concessionaire shall have a Town-approved written boarding agreement with each boarder who utilizes the Facility. The boarding agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that boarder's use of the Stable Facility. Such agreement shall provide a clause whereby the Boarder and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire E. Concessionaire shall maintain a written process to resolve disputes with boarders or other persons utilizing the Stable Facility. A written copy of such process shall be posted on the Facility in a place accessible to the public, shall be provided to each boarder at the time of execution of each boarding agreement, and shall be filed with the Town
3. Access to the Public
A. Programs and services provided by Concessionaire shall be made available to the public on a first-come, first-served basis, provided, however, Town residents shall have priority at all times over persons who are non-residents of the Town in all programs and services offered at the Facility. Separate waitlists for residents and non-residents, containing the date and time of entrance on the list, shall be established for each program or service for which demand exceeds supply. A copy of each such list shall be provided to the Town on an as needed basis
8 B. The Facility shall be operated by Concessionaire under the name "Westwind Community Barn." The Facility shall be open to the public no earlier than one-half hour before sunrise and not later than one-half hour after sunset, seven days a week pursuant to Section 12-1.03 of the Los Altos Hills Municipal Code. The right of the public to free physical access to the Facility shall be maintained during posted hours of operation and in no event shall the Facility be fenced and gated so as to prohibit such access during hours of operation, provided, however, that Concessionaire may implement such security measures as deemed appropriate to assure the health, welfare, and safety of persons utilizing the Facility and the horses boarded on the Facility. Concessionaire shall reasonably secure Facility nightly at the close of operating hours to assure the health, welfare, and safety of the horses boarded on the Facility.
4. Facility Maintenance
A. Except for the WRI premises or as otherwise stipulated in this Agreement, Concessionaire shall at all times be responsible for routine maintenance and minor repairs to the Stable Facility in a condition satisfactory to the City Manager or designee. Routine maintenance and minor repairs are activities undertaken to keep the Facility in good order and operating repair and safety, including but not limited to, regular preventative maintenance and incidental repairs arising from normal wear and tear from the use of the Facility.
Concessionaire shall in a timely fashion provide written notice to the City Manager or designee of any major repairs needed and the Town shall make such repairs in a timely fashion. In an emergency, including after hours, Concessionaire shall immediately contact 911 and Town public works emergency staff, in that order.
B. The Town and Concessionaire shall meet twice annually to perform maintenance walkthroughs to inspect and identify needed repairs C. The Town will contract drain flushing and tree maintenance annually.
Concessionaire shall work with the Town to schedule the Town to off-load bedding as needed. Concessionaire shall work with the Town to schedule the Town to remove manure from the feeding pasture four (4) times a year. The Town shall provide maintenance support for ten (10) hours monthly or one hundred and twenty (120) hours annually for items not specifically listed in the agreement. The Town reserves the right to charge Concessionaire for additional services requested by Concessionaire beyond the allotted 120 hours.
D. Concessionaire shall provide the Town with a detailed description of all signage it proposes to utilize at any location on the Facility to advertise programs or services. Such signage shall not be installed without the prior written permission of the City Manager or designee.
E. The Town shall establish and maintain a dedicated Capital Improvement Program (“CIP”) for the Westwind Community Barn, subject to review by the
9 Finance and Investment Committee (“FIC”), in coordination with the Concessionaire. Consistent with FIC’s recommendation, the CIP shall be funded at an annual amount determined by the City Manager or designee (anticipated range of $50,000–$100,000), with a minimum annual allocation sufficient to support routine and long-term capital needs, including an estimated $40,000–$45,000 per year to address the four-year maintenance cycle for the Lower Arena, Upper Arena, and Round Pen.
F. The Town shall adopt and maintain a formal replacement and maintenance policy for Barn facilities to ensure assets are proactively repaired and replaced and that deferred maintenance does not occur. The Town retains sole responsibility for major capital repairs and replacements of the Stable Facility and related infrastructure. In the event the Stable Facility, or any portion thereof, is damaged or destroyed by storm, wildfire, earthquake, or other Act of God or terrorism, the Concessionaire shall not be responsible for repair or replacement. The Town may, in its sole discretion, elect to repair or rebuild the Facility or terminate this Agreement without further liability to the Concessionaire. If the Town elects not to repair or rebuild following substantial destruction, the Town shall pay the Concessionaire a one-time relocation fee of $15,000 within thirty (30) days of such determination.
G. Concessionaire shall not cause any mechanic's or materialmen's liens to be placed upon the Facility.
H. Notwithstanding any other provision of this Agreement to the contrary, Concessionaire shall operate and maintain the Facility, and every part thereof, in compliance with the conditions, restrictions, and reservations by which the Town has authority to utilize the Facility and in compliance with all rules and regulations and any amendments thereto promulgated by the Town, County of Santa Clara, and/or State of California.
I. The Town agrees to repair and maintain Facility landscaping, irrigation, parking, and driveway areas.
5. Sanitation
A. Concessionaire shall allow no offensive matter, litter or refuse, or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, to remain on the Facility. Concessionaire shall prevent the storage of clutter, junk or excess equipment, vehicles, and materials anywhere on the Facility. Concessionaire shall ensure that Facility appearance is neat and orderly at all times and prevent the accumulation of trash, debris and manure anywhere on the Facility and shall make all reasonable efforts to ensure that trash generated on-site is not blown or otherwise allowed to leave the Facility except in a proper disposal container.
Concessionaire shall promptly notify the Town of any waste receptacles
10 needed at the Facility.
B. Concessionaire shall clean all stalls, corrals and paddocks on a daily basis, removing all manure and replacing wet bedding material. Collected manure shall be stored in accordance with Facility conditional use permit requirements (Exhibit "D") and Health Department regulations and removed from the Facility no less than once per week. Concessionaire shall inspect and clean public restroom at Facility daily. The Town will provide and pay for professional janitorial services for the public restroom and kitchen once weekly.
C. Concessionaire shall actively suppress and control the accumulation and breeding of flies and offensive odors resulting from accumulation of manure and urine in stalls, corrals, paddocks, pasture and uncovered manure bins.
This will be done utilizing industry accepted methods intended to minimize health hazard to humans or the surrounding natural environment. This shall be an ongoing program for the duration of the Agreement.
D. Concessionaire shall notify the Town within 24 hours if the Town's trash, recycling and manure collector (GreenWaste Recovery, Inc.) fails to make a regularly scheduled collection of either trash, recyclables or compostables including manure.
E. Concessionaire shall control for all pest populations which may adversely affect the Facility. Known pests at the Facility include gophers, ground squirrels, flies and rats. Concessionaire shall employ pest control methods which poses no health hazard to humans, and minimizes negatively affect the surrounding natural environment including watercourses and wildlife. This shall be an ongoing program for the duration of the Agreement.
6. Facility Improvements
A. Concessionaire must obtain the approval of the City Council or City Manager, depending on the scope, prior to undertaking any improvements to the Facility that involve more than day-to-day maintenance.
B. The Town may, in its sole and absolute discretion, make improvements to the Facility. The Town shall retain the right to enter the Facility for purposes of construction/demolition of any improvement upon reasonable notice to the Concessionaire (e.g., 24 hours’ advance written notice) and will make reasonable efforts to minimize disruption to Concessionaire's business operation. Improvements which cannot be completed in less than one month's time shall be coordinated with Concessionaire so as to find a minimally disruptive period of use of the Facility.
C. By execution of this Agreement, Concessionaire waives all claims for damages incurred due to business disruption which may be attributable to the construction of new site improvements, demolition, or reconstruction of
11 existing improvements, including, but not limited to loss of income due to temporary relocation of boarded horses.
D. The Town and Concessionaire agrees to the arena maintenance plan in Exhibit “I”. The Town agrees to pay for the arena maintenance costs outlined in Exhibit I.
7. Ownership of Facility
A. All structures, improvements and fixtures existing on the Facility as of the Effective Date shall be and remain the property of the Town, and structures, improvements and fixtures installed on the Facility by anyone during the term of this Agreement shall become and remain the property of the Town, unless ownership rights to said fixtures, structures and improvements are formally waived by the Town.
B. Concessionaire agrees that any Facility including structures, improvements or fixtures purchased and placed in or upon the Facility by Concessionaire by way of additions, repairs, replacements, or improvements shall at no time be removed by Concessionaire unless (i) prior written consent of the Town is first obtained, or (ii) the purpose of such removal is repair or replacement of said property. Absent prior written agreement of the Parties, all such property shall at all times be the property of the Town.
8. Fees and Charges
A. Concessionaire shall be responsible for collecting all facility use fees and charges for boarding services and may require existing and future boarders to enter into new boarding contracts.
B. Fees and charges for all services, programs, rentals, and leases provided by Concessionaire may be established at the discretion of Concessionaire. Fees and service charges should be reasonable and competitive with similar facilities in the area
9. Books, Records, Reports and Audit
A. Each year, Concessionaire shall work with the Town to prepare a maintenance and capital improvement projects (CIP) budget for the July 1st to June 30th fiscal year. The budget for each ensuing fiscal year shall be submitted to City Manager no later than April 1st preceding the July 1st on which the next fiscal year is to start.
B. Concessionaire shall keep full, complete and accurate books of account and records which will reflect all business and monetary transactions of Concessionaire as well as all in-kind services provided to Concessionaire in connection with this Agreement. All such books and records, including tax return records, shall be open to inspection by the Town upon reasonable notice during normal business hours. The Town shall have the right to undertake an independent audit of said books and records at any time but not
12 more than once per twelve (12) month period.
C. Within fifteen (15) days of the end of each month, Concessionaire agrees to present to the City Manager (or designee) an unaudited financial operating statement and an activity report delineating the activities at the Facility during the month. In addition, Concessionaire shall forward an annual financial statement to the City Manager (or designee) no later than August 31st following the close of a fiscal year. Upon termination or expiration of this Agreement, Concessionaire shall forward to the Town a final report for any such partial fiscal year. Such report shall be provided within forty-five (45) days after the final date this Agreement remains in effect. This report obligation shall survive termination of this Agreement.
D. On an annual basis for each full year, Concessionaire shall perform an audit as described in Exhibit “C” and submit to the Town an audit report prepared by an independent auditor. The cost of the audit shall be paid for by the Town.
Concessionaire shall maintain, preserve and protect any and all records requested by the auditor or by the Town in the form requested and in the manner dictated for a period of at least three (3) years. If there are any audit findings, the Concessionaire shall respond to all audit findings within 30 days of receipt of the final audit report.
E. Concessionaire shall submit and present an annual report detailing accomplishments to the City Council.
F. The Town may, in its sole discretion, undertake a survey of customer satisfaction at the end of each year during the term of this Agreement, the results of which shall be shared with Concessionaire along with a suggested plan for improvements if any are deemed to be needed
10. Collection of Fees and Charges Past Due
A. If any person utilizing the Facility fails to pay promptly any sum due to Concessionaire, then Concessionaire shall give such person written notice of such default, and if such person fails to pay all sums due within forty-five (45) days of such written notice of default, Concessionaire shall terminate the right of such person to utilize the Facility, and shall undertake all necessary actions in accordance with State statutes to collect such sum.
11. Concessionaire Fees
A. The Town agrees to pay the Concessionaire a monthly Management Payment, due by the first day of each month, in an amount of $4,000.
B. The Town and Concessionaire agree that revenue from all Concessionaireoperated programs, excluding horse shows, shall be distributed as follows:
I. Lessons, riding programs, clinics, instruction services, facility rentals, and horse leases (as further described in Exhibit “B”) shall be split with 80% of gross revenue paid to the Concessionaire and 20% to the Town for revenues between $0–$300,000, and 82% to the Concessionaire and
13 18% to the Town for revenues exceeding $300,000.
II. Training services shall be split with 85% of gross revenue paid to the Concessionaire and 15% to the Town, reflecting the labor-intensive and specialized nature of these services.
III. Boarding and horse shows shall remain unchanged under the existing agreement.
i. Residents shall continue to receive discounted camp rates; however, the Town shall compensate the Concessionaire at the non-resident rate for all camps.
ii. “Gross revenue” shall mean all revenue collected less any refunds. iii. For program revenue: If collected by the Town, the Town shall remit the Concessionaire’s share within thirty (30) days following completion or delivery of services.
iv. If collected by the Concessionaire, the Concessionaire shall remit the Town’s share by the 15th day of the month following receipt of funds.
v. The remitting party shall provide payment along with a report detailing the date, program participant name and contact information, description of services provided, and amount of fees collected.
vi. Concessionaire shall be limited to five (5) horseshows per year.
For each
vii. horseshow, Concessionaire shall remit $500 check payable to the Town for the use of the facility and in lieu of any revenue split described in this Section B, above.
viii. Concessionaire runs IEA, a team show program. Concessionaire receives two types of payments for IEA: team startup fees and lesson payments. Pursuant to the lesson program commission structure, lesson fees shall be paid to the Town, with
Concessionaire remitting twenty percent (20%) of the gross lesson payments to the Town. Team startup fees associated with the IEA program shall be retained by Concessionaire/VDE.
12. Agreement Enforcement
A. The City Manager shall be responsible for the enforcement of this Agreement on behalf of the Town and shall be assisted therein by those officers and employees of the Town having duties in connection with the administration thereof. Concessionaire and the Town agree to meet on at least a quarterly basis at Town Hall to discuss matters concerning Facility management, maintenance, operations, and finance
B. Any officers and/or authorized employees and agents of the Town may enter upon the Facility at any time for the purpose of determining whether or not
14 Concessionaire is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the Town within the Facility without disruption to Facility users, visitors or guests.
C. In the event the Town commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/or any property, Concessionaire does hereby agree to pay any sum which may be awarded to the Town by the Court for attorneys’ fees and costs incurred in the action brought thereon. In the event Concessionaire commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/or any property, the Town does hereby agree to pay any sum which may be awarded to the Concessionaire by the Court for attorneys’ fees and costs incurred in the action brought thereon.
13. Compliance with Laws
A. In performing any work under this Agreement, Concessionaire shall comply with all applicable Federal, State, and local statutes, ordinances, rules and regulations, including but not limited to those related to the hiring of undocumented workers, the Fair Labor Standards Act and the Americans with Disabilities Act. Concessionaire further understands and agrees it must pay "prevailing wage" for construction projects which are considered "public works" under Labor Code §1720. Concessionaire shall indemnify, defend, and hold harmless the Town and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the Concessionaire's employees. In addition to all other requirements for employees to be certified as eligible to be employed, Concessionaire shall require all prospective employees to be subject to "Live Scan" to determine if there is any criminal history which would make the prospective employee a risk to work with and/or around minor children and complete the California Child Abuse Mandated Reporters training by the California Department of Social Services.
B. Concessionaire shall operate in full compliance with all applicable governmental permits, including applicable provisions of the Facility Conditional Use Permit (Exhibit "D").
14. Town Events
A. Concessionaire agrees that the Town may at no charge or fee hold up to five (5) public events annually at the Facility. Details of the events and required accommodations by the Concessionaire are stipulated in Exhibit "E"
15. Possessory Interest Tax
A. Concessionaire understands a possessory interest tax may be imposed under State or federal tax law upon Concessionaire's assumption of interest in the
15 Facility and agrees to pay any such tax if and when due. Such tax shall be considered a boarding facility expense and be allowed in the Concessionaire's calculation of the Subsidy.
16. Indemnification
A. The Town and its officers, agents, employees and representatives (collectively, the "Town Representatives") shall not be liable for death, injury, or damage of any kind to persons or property from any cause whatsoever by reason of the use and occupancy of the Stable Facility by Concessionaire, or by the agents, servants, employees, or invitees of Concessionaire, and Concessionaire hereby waives all claims and causes of action against the Town and the Town Representatives for any such injury or damage as well as for consequential damages, loss of profits, and business interruption.
B. Concessionaire agrees to indemnify, defend, and hold harmless the Town, its officers, agents, employees and Town Representatives from and against any and all liability, loss, cost, expense, or obligation, including, without limitation, attorney's fees, court costs, and other expenses, on account of, or arising out of, Concessionaire's performance under this Agreement; and this Agreement is made on the express condition that the Town and the Town Representatives shall not be liable for, or suffer any loss or incur any liability by reason of, injury to or death of a person or damage to or loss of any use of property, from whatever cause, in any way connected with the condition or use of the Stable Facility during the term of this Agreement or any extension thereof, or the condition or use of personal property or fixtures on or about the Stable Facility during the term of this Agreement or any extension thereof, whether arising in whole or in part from active or passive negligence on the part of the Town or any Town Representative and/or from acts for which the Town or any Town Representative would otherwise be held strictly liable, excepting only willful misconduct of the Town or the Town Representatives acting in their duly authorized capacities. This indemnification obligation shall survive termination or expiration of this Agreement.
C. Concessionaire accepts the Facility in "as is" condition as of the Effective Date. Concessionaire agrees the Town and the Town Representatives shall not be liable to Concessionaire or Concessionaire's agents, servants, employees, or invitees for any damage, loss, or injury caused by the condition or design of, or any defect in, the Stable Facility, even if such loss, damage, or injury is or was the result of negligence of the Town or any Town Representative, whether active or passive, or from acts for which the Town or the Town Representatives would otherwise be held strictly liable.
D. The foregoing indemnifications shall not apply to: (i) any damage caused by soils or geotechnical problems, if any, which may have existed at the Facility
16 as of the Effective Date; (ii) any requirement imposed by the Los Altos Hills County Fire District and Santa Clara County Fire Department to widen any road or street; (iii) any requirement to make any sewer or storm drain improvements which the Town determines are needed for the public health, safety, or welfare; or (iv) any liability occurring from operation of the Facility by the Town prior to the Effective Date.
17. Insurance
A. Concessionaire shall procure and maintain, at its sole cost and expense, comprehensive commercial general liability insurance of not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate, and commercial automobile liability insurance with coverage of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) general aggregate.
Concessionaire’s insurer must have an A.M. Best Rating of no less than A:VII.
B. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement and shall name the Town of Los Altos Hills, its officers, agents, and employees as additional insureds.
The following language shall be included: “The Town of Los Altos Hills, its officers, agents, and employees are named as additional insureds. Any Town insurance shall be secondary and in excess to the insured’s coverage.” This requirement shall also be reflected in the Certificate of Insurance for the Concessionaire’s general liability policy.
C. Such coverage shall not be canceled or modified without at least thirty (30) days prior written notice to the Town. The presence of such insurance and the specification of liability limits for such insurance by the Town shall in no manner limit the liability of Concessionaire under the terms of the indemnification set forth in Section 16 of this Agreement.
D. Concessionaire shall procure business automobile liability insurance of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) general aggregate. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement, shall specifically name the Town and the Town Representatives as additional insured, shall provide such coverage as primary and any coverage the Town may maintain shall be in excess thereto, shall include a cross-liability or severability of interest endorsement, and shall provide that it shall not be canceled or modified without at least thirty (30) days’ prior written notice to the Town. The presence of such insurance and the specification of liability limits for such insurance by the Town shall in no manner limit the liability of Concessionaire under the terms of the
17 indemnification set forth in Section 16 of this Agreement.
E. Concessionaire shall procure and maintain, at its sole cost and expense, Workers’ Compensation insurance in the amounts required by law.
F. The Town shall maintain, at its sole cost and expense, standard form fire, extended coverage, vandalism, and malicious mischief insurance, insuring all real property and fixtures located at and comprising the Stable Facility.
Concessionaire may, at its sole discretion, obtain such insurance for personal property maintained by Concessionaire on the Facility.
G. Concessionaire shall deliver to the City Manager certificates of insurance as required under the Subsections A and B of this Section. Concessionaire shall also deliver to the City Manager a renewal binder for each policy of insurance required under this Agreement not later than fifteen (15) days before the scheduled date of expiration of such policy. If Concessionaire fails to maintain any required policy of insurance, then the City Manager may obtain said policy upon ten (10) days’ written notice and Concessionaire shall immediately pay to the Town any costs or expenses incurred by the Town in acquiring such policy.
18. Assignment
Concessionaire shall not assign or hypothecate this Agreement, or any interest created hereby, nor any rights or privileges herein, nor shall it enter into any agreement allowing the operation by another person of the concession on the Facility granted by this Agreement or any portion thereof without the prior written consent of the Town which consent may be granted or withheld at the sole discretion of the Town. Any unapproved assignment or agreement shall be void, shall confer no rights on or to any third party and shall be cause for termination of this Agreement by the Town, at its sole option. This provision against assignment and hypothecation shall be deemed to be a continuing covenant and apply not only to Concessionaire, but to any and all assignees, contractors and mortgagees of the Facility and to any who may in any manner acquire any interest herein.
19. Waiver of Defaults
No waiver of any breach, default or term hereof shall constitute a waiver of any other breach, default, or term hereof, whether of the same or any other covenant or condition.
20. Relationship of Parties
The relationship of the Parties is solely that of owner and Concessionaire, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the Town and Concessionaire.
Concessionaire understands and agrees that all persons furnishing services on behalf of
18 Concessionaire pursuant to this Agreement are, for purposes of Workers’ Compensation Liability, employees solely of Concessionaire and not of the Town. Concessionaire shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services on behalf of Concessionaire pursuant to this Agreement.
21. Term of Agreement
A. The term of the Agreement is for three (3) years from the Effective Date.
B. Upon expiration of the Agreement term, and subject to the mutual C. agreement of the Parties, the Town and Concessionaire may extend the term of this Agreement for two (2) additional consecutive periods of three (3) years each. Concessionaire may seek to extend the term of this Agreement only if Concessionaire: (i) is, at the time of expiration of the extension thereof, in compliance with all its obligations hereunder and with all restrictions of record applicable hereto, and (ii) gives written notice to the Town of such desire to extend at least one hundred and twenty (120) days before the expiration of the then current term.
D. The Town may terminate this Agreement at any time and without cause upon one hundred and eighty (180) days' written notice to Concessionaire.
Notwithstanding the
E. foregoing, if Concessionaire fails to perform any of the covenants, conditions, provisions or agreements contained in this Agreement, or if Concessionaire for any reason is dissolved, or if a petition in bankruptcy or insolvency is filed by or against Concessionaire, then, in that event, the Town shall have the right to immediately terminate this Agreement and to recover and resume possession of the Facility. This shall be considered termination "for cause." In the event of a "for cause" termination, the Town shall give Concessionaire written notice of its election to terminate this Agreement and the date upon which such termination is to occur, which shall be not less than ten (10) days of receipt after the date of such notice. If Concessionaire has not corrected the reason for the termination "for cause" within the time allotted in the written notice of Town's intent to terminate Agreement, then termination shall be considered effective.
F. Concessionaire may terminate this Agreement upon ninety (90) days’ written notice to the Town and shall include in such notice the reasons for cancellation.
G. In the event that Concessionaire shall hold the Facility, or any part thereof, for any one day after the date upon which Concessionaire is required to terminate possession of the Facility, Concessionaire shall be deemed liable for the unlawful detainer of the Facility under the statutes of the State of California,
19 and shall be subject to eviction.
H. The Town may terminate the Agreement by the delivery of a notice of termination to the Concessionaire specifying the extent to which the performance of work is terminated and the date upon which such termination shall become effective. The effective date of such termination shall be no less than one hundred eighty (180) days from the date of the notice.
I. Without limiting the generality and the effect of any of the preceding provisions of this Agreement, Concessionaire covenants and agrees, upon the termination of this Agreement, that it will immediately peaceably surrender and deliver in good condition to the Town the Facility, together with the improvements, appurtenances, furniture, furnishings, equipment and other Town property located thereon. Concessionaire agrees to leave a minimum:
two-month supply of hay, feed and bedding based on occupancy on the Effective Termination Date of Agreement
22. Attorney’s Fees
If either Party brings any action or proceeding to enforce, protect, or establish any right or remedy in this Agreement, then the prevailing Party shall be entitled to recover reasonable attorneys’ fees.
23. Force Majeure
Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of nature, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any other public or governmental agency or entity (acts or failure to act of the Town shall not excuse performance by the Town) or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days after knowledge of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by mutual agreement of the Town and Concessionaire.
24. Independent Contractor
A. Concessionaire is and shall at all times remain as to the Town a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither the Town nor any of
20 its officers, employees, or agents shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees or agents, except as set forth in this Agreement. Concessionaire shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Town. Concessionaire shall not incur or have the power to incur any debt, obligation, or liability whatever against the Town, or bind the Town in any manner.
B. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the fees paid to Concessionaire as provided in this Agreement, the Town shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for the Town. The Town shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services here under.
25. Transition of Stable to Concessionaire
This Agreement does not obligate Concessionaire to utilize any employee, contractor, or supplier of the Town. Concessionaire shall have sole discretion in the hiring, scheduling, disciplining and termination of any and all employees working on the Facility pursuant to this Agreement. The Town represents that Concessionaire is free to hire existing barn employees, that their employment is acceptable to the Town and that there are no fees due to any party for hiring these existing employees
26. Successors in Interest
Each and all of the terms, conditions, covenants and obligations hereof shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto and all persons holding under or through them or any of them. All of Concessionaire's covenants hereunder, including those against assignment and subletting, are continuing and binding without exception on all who take or acquire any interest hereunder. Without limiting or qualifying any of the foregoing provisions of this Agreement, every person taking any interest hereunder, by, through or under Concessionaire shall by virtue of taking or acceptance of such interest and without further act be deemed to have become bound hereunder not only by privity of estate, but of contract, and to have assumed and agreed to perform all of the covenants and obligation of Concessionaire hereunder to the same extent as though such assignee had personally executed this Agreement.
27. Notices
All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid and addressed as follows:
21 To the Town: Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022 Attn:City
Manager
To the Concessionaire: Victoria Dye
Equestrian, LLC
650 Castro Street, Suite 120-347
Mountain View, CA 9404
28. Exhibits Incorporated by Reference
This Agreement consists of twenty-two (22) pages (including signature pages) and nine (9) exhibits. All Exhibits attached hereto are incorporated by reference in this Agreement as though fully set forth herein. In the event of conflict between the provisions contained in this Agreement and any Exhibit, the provisions of this Agreement shall prevail.
29. Governance Law, Jurisdiction, Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Concessionaire agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Santa Clara.
30. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
TOWN OF LOS ALTOS HILLS
Date By:
ATTEST:
City Clerk
22 APPROVED AS TO FORM:
City Attorney CONCESSIONAIRE
By:
Its:
Date:
APPROVED AS TO FORM:
City Attorney CONCESSIONAIRE
By:
Its:
Date:
23
24 EXHIBIT LIST
Exhibit A
Stable Facility Description
Exhibit B
Instructional Riding Program Description
Exhibit C
Agreed-Upon Audit Procedure
Exhibit D Conditional Use Permit
Exhibit E Town Events
Exhibit F
Westwind Riding Institute Agreement
Exhibit G
Westwind Community Barn Manager Duties
Exhibit H
Vision of Operating Principles for Westwind Community Barn Exhibit I
Arena Maintenance Plan
25
26 Exhibit B
Instructional Riding Program Description
The programs offered by a former vendor to the Town were extremely successful, received parent and rider support for excellence and provided entree to other riding opportunities at Westwind Community Barn. The Concessionaire would provide a comparable program in quality and scope.
Programs offered over the last ten years were developed to provide quality, low student to teacher ratio for beginner riders on well-cared, reliable, experienced school horses and to act as a "feeder" for the community to become more involved with horses and Westwind Community Barn. The flow advanced children through the different skill levels in the riding programs on to Pony Club and eventual horse ownership or leasing, training and in many cases working as volunteer instructors and assistants for the Westwind Riding Institute's disabled riding program.
The programs through the former vendor also enabled the leasing of school horses for use by non-horse owning Pony Clubbers for Pony Club sessions, events and practice rides.
Quality
Low student to instructor ratio
Well-cared, reliable, experienced, school horses to accommodate many riding skill levels Riding Program-- all levels - based on Pony Club curriculum (whole horsemanship) Year Round Riding Program Summer and School Breaks Camp Promotes graduation into other riding opportunities art Westwind Summarized Text from Recreation Guide:
"The Year Round Riding Program (YRRP) offers riding lessons geared towards the beginning and intermediate rider. Participants will learn the basics of riding in a beautiful park-like setting. The program focuses on learning to maintain an independent, balanced seat, tactful communication between horse and rider, and correct equitation. Each session is six weeks in length. Safety helmets are required for all mounted work and can be provided. Participants must come neatly dressed in form-fitting pants (no shorts), boots with heels, and a shirt that covers the shoulders.
Jewelry is not allowed. Hair must be pulled back and out of the rider's face." Summer Camps
"A real barn experience, this program focuses on responsible, considerate care of horses. Each rider is assigned to his or her horse for the week, resembling the responsibility and fun of horse ownership. Graduates of summer camp have moved into Pony Club and Olympic-level instruction. We offer quality ponies, pony club curriculum, a low student to instructor/assistant ratio in a park-like setting, with horse games, vaulting and a horse show on the last day of camp."
"Advanced camp is for riders jumping comfortably at 2'3". Each day will be devoted to a different discipline of eventing: dressage, stadium jumping and cross country. Each lesson will be videotaped. The instructor and students will analyze the videotape at the end of the day and develop strategies to improve the overall ride as well the rider's position and striding. Horse management will cover advanced topics such as conditioning, bandaging and nutrition." Prepared by Parks and Recreation Committee
Date: May 31, 2013
27 Exhibit C
28 Exhibit D
Conditional Use Permit
(Currently slated to be reviewed at the June 4th Planning Commission Meeting)
29 Exhibit E
30
31 Exhibit F
FACILITY USE AND MAINTENANCE AGREEMENT BETWEEN WESTWIND
RIDING INSTITUTE
AND THE TOWN OF LOS ALTOS HILLS
This agreement for use and maintenance of the WRI Barn Facilities at Westwind Community Barn ("Agreement") is made and entered into on this 1st day of July, 2026 by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation ("TOWN") and the Westwind Riding Institute (WRI). In consideration of their mutual covenants, the parties agree hereto as follows:
1. Purpose. This Agreement authorizes WRI to use specified areas of Westwind Community Barn (identified herein as the "WRI Barn Facilities") and to use on a non-exclusive basis Byrne Preserve and makes WRI responsible for maintaining the "WRI" Barn Facilities in a competent and professional manner in order to operate the Riding for the Disabled program. WRI may keep a maximum of eight (8) horses at the WRI Barn Facilities. Two (2) of the eight (8) horses may be kept at Byrne Preserve for grazing purposes•. WRI shall be provided the current tack room, or a reasonably equivalent and convenient alternative tack facility. Hay storage space sufficient to store a minimum of 19 bales of.hay shall be available in the WRI Barn Facilities for feeding of WRI and pasture horses.
WRI currently has exclusive use of upper arena shown on Exhibit A to provide horseback riding instructions during the days and times specified in the Concessionaire Agreement with the TOWN. This Agreement supersedes any prior use agreements between the TOWN and WRI.
2. The premises covered by this Agreement include limited non-exclusive use of Byrne Preserve (APN: 182-21-016), Westwind Community Barn (27210 Altamont Road), and the exclµsive use of the WRI Barn Facilities located within Westwind Community Barn (collectively, "Premises"). The WRI Barn Facilities include a four stall barn, a four stall shed row, the adjoining paddocks, and the side pasture, described more particularly in Exhibit A.
3. Term. The term of the Agreement shall be from July 1, 2026 through June 30, 2029, unless terminated earlier pursuant to Section 5 of this Agreement.
4. Renewal. This Agreement shall be subject to renewal, upon mutual consent of the parties, for additional three-year periods. If a party desires to not extend the term as provided herein, that party will provide written notice to the other party of its intent not to renew the Agreement no later than January 1st of the final year of the term of the Agreement.
5. Termination. Either party may terminate this Agreement without cause upon three hundred and sixty-five (365) days' written notice. TOWN may immediately terminate or
32 suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by WRI.
Notwithstanding the foregoing, in the event that TOWN elects to cease all equine activities at the Westwind Community Barn Facility, this Agreement may be terminated for convenience upon one hundred and eighty (180) days' written notice to WRI.
6. Maintenance. WRI shall provide maintenance for the WRI Barn Facilities and all improvements thereto sufficient to maintain them in a fully usable condition. The term"maintenance,'' when used herein, shall mean all work required or undertaken to clean, maintain, and repair any and all WRI Barn Facility improvements, including, but not limited to, stalls, paddocks, grounds and entryways. WRI shall cause the WRI Barn and Premises to be inspected and cleaned with sufficient frequency and intensity to competently operate said facility. The WRI Barn Facilities should be kept in working order and in a reasonably clean and sanitary condition. Maintenance work shall be performed in a good and workmanlike manner to the satisfaction of the TOWN. WRI may contract for all on-going maintenance. In the event that the TOWN elects to make any major structural improvements to the WRI Barn Facilities that result in any portion of the WRI Barn Facilities unusable during the construction, WRI and the TOWN shall cooperate to identify alternative space at Westwind Community Barn for the WRI activities authorized herein.
7. Costs. WRI shall pay the TOWN the sum of $1 per year for rental of WRI Barn facilities and for limited non-exclusive use of Byrne Preserve. In addition, WRI shall be solely responsible for all maintenance costs of the WRI Barn Facilities. WRI shall sign the Horse Services agreement and be solely responsible for payment of all equine service costs of the WRI Barn Facilities provided by the Concessionaire or the TOWN ifthere is no Concessionaire as specified in Exhibit C. The fee for equine services shall be raised by no more than the Consumer Price Index rate each year for the prior twelve months.
8. Compliance with Laws.WRI shall fully comply with all applicable local, state, and federal rules, laws, regulations and ordinances and use its best efforts to ensure that all participants in its activities will comply with the same.
9. Statements and Rosters.WRI agrees to provide the following to the TOWN upon request:
a. Annual financial statements
b. WRI class participant rosters for each riding session c. Annual roster of WRI board of directors
d. WRI emergency notification and liability release forms e. Written emergency procedures
10. WRI Obligations.WRI shall allow only the following persons to handle horses and/or retrieve horses from Byrne Preserve: (1) suitably qualified and experienced horse handlers; or (2) persons who are supervised at all times by a suitably qualified and experienced horse handler who is an employee or agent of WRI.
33 11. Hold Harmless.WRI agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature, including personal injury and death, which may arise out of or occur by reason of any act or omission of its part, or the part of its employees, contractors, agents or representatives arising in any way out of its performance of this Agreement, except to the extent that such liability is caused by the gross negligence or willful misconduct of the TOWN.
WRI also agrees to require any contract in excess of $5,000 with its maintenance contractors or subcontractors to contain a provision requiring that the maintenance contractor or subcontractor indemnify, defend and hold harmless WRI and the TOWN and its officers, agents and employees from any and all demands, claims or liability of any nature which may arise out of or occur by reason of any act or omission on the maintenance contractor or subcontractor's part, or the part of any of its employees, contractors, subcontractors, agents or representatives in furtherance of or related to the contract with WRI.
12. Insurance. Upon execution of this Agreement, and at all times during this Agreement, for its sponsored community riding programs and special events, WRI shall maintain insurance in the amount of at least one million dollars ($1,000,000) combined single limit for bodily injury and property damage and shall provide the TOWN evidence annually that such a policy is in force. TOWN shall be named as an additional insured in such policy.
WRI's maintenance contractors and subcontractors, for projects exceeding $5,000, shall have in full force and effect, at their sole expense, for the joint benefit of the contractors, WRI and the TOWN, liability insurance in which WRI and TOWN are named as additional insured. The insurance thereunder shall be in the amount of at least one million dollars ($1,000,000) combined limit for bodily injury and property damage, shall be carried by insurers authorized to transact business in California, and shall be primary as to TOWN and WRI and non-contributory with any insurance which may be carried by TOWN or WRI. The insurance policy shall have a thirty (30) day notification to TOWN and WRI before any change in the policy or cancellation. WRI shall keep a current certificate of insurance from its contractors and subcontractors on file wfrh the TOWN at all times.
13. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of race, color, national origin, age, ancestry, sexual orientation, religion or gender.
14. Independent Contractor. At all times during the term of this Agreement, WRI acknowledges and the parties hereby agree that WRI shall be an independent contractor and that neither it, nor its agents, employees, or volunteers are agents or employees of the TOWN for any purpose whatsoever. TOWN shall have the right to control WRI only to the extent expressly provided in this Agreement. Except as expressly set forth in this
34 Agreement, TOWN shall not have the right to control the means by which WRI accomplishes services rendered pursuant to this Agreement. Notwithstanding any other TOWN, state, or federal policy, rule, regulation, law, or ordinance to the contrary, WRI and its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by TOWN, including but not limited to pension plans, unemployment insurance, Worker's Compensation insurance and group insurance plans.
a. All personnel necessary to accomplish the purposes as set forth herein shall be at the cost and expense of WRI and those personnel shall be directly responsible and accountable to WRI and not to the TOWN;
b. Employees ofWRI are not employees or agents of the TOWN. The TOWN shall have no involvement in decisions regarding the hiring, training, discipline, compensation, termination, or supervision ofWRI's employees. WRI shall comply with all applicable laws related to the employment of their employees. The parties agree that it shall be a material default of this Agreement if WRI does not comply with any applicable laws related to employment of its employees.
15. Assignment. This Agreement shall not be assigned or transferred without the prior written consent of the TOWN, which consent may be withheld in the TOWN's sole discretion. No changes or amendments to the Agreement of any kind are authorized • without the consent of the TOWN's City Manager and WRl's Board of Directors.
16. Sublet. WRI shall not have the authority to sublet any portion of the Premises.
Sponsorship arrangement of WRI horses for members and donors are allowed but WRI shall not rent or lease the horses to the general public.
17. Amendment. This Agreement shall not be amended or modified except by a writing executed by the Parties hereto.
18. Default. In the event that WRI defaults in the performance of its obligations under this Agreement, TOWN shall provide WRI with written notice of the default. If WRI fails to cure the default no later than thirty (30) days after receipt of said written notice, TOWN may terminate this Agreement and/or exercise any remedy available to it by law and/or under this Agreement.
19. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Santa Clara County, California.
20. Entire Agreement. This Agreement and any exhibits attached hereto and incorporated
35 herein by reference contain the entire agreement between the Parties hereto with respect to the subject matter of this Agreement except as set forth herein. It is expressly understood by each of the Parties that this Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all Parties hereto.
21. Severability. If any term, condition or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain in full force or effect.
22. Notices. Any material changes to this contract or the relationship between TOWN and WRI must be noticed or communicated in writing and sent to the Parties at their respective addresses specified below or to such other address as the Parties may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by:
a. Personal delivery, in which case notice is effective upon delivery; b. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt or upon attempted delivery if delivery is refused;
c.
If to City:
Town of Los Altos Hills 26379 Fremont Road
Los Altos Hills, CA 94022 Attention: City Manager
If to WRI:
Westwind Riding Institute 27210 Altamont Road
Los Altos Hills, CA 94022 Attention: President
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written.
WRI TOWN
BY
ATTEST: City Clerk
APPROVED AS TO FORM
City Attorney
36 Exhibit G
Barn Manager Duties
At a community barn like Westwind, a working manager performs a multitude of functions necessary for the safe and smooth running of the barn. Of all of these tasks, "administration" is just one responsibility that is ancillary to the primary mission but not part of the mission.
A working manager:
• Provides an active presence whenever activities are going on - enforcing Barn rules, advising horsemen who do foolish and unsafe things
• Checks the quality of hay when it is delivered
• Inspects the paddock fencing to make sure it's safe
• Inspects arena fencing and repairs as necessary
• Ensures that all the horses in paddocks have access to water • Checks that all water troughs are clean and auto-fill mechanisms operational • Periodically checks arena sprinklers to see if they need adjustment • Maintains arenas and round pen - trains stable hands on proper maintenance and grooming
• Takes proactive measures to keep flies under control - ensures that manure is regularly cleaned from the paddocks and the feeding pasture and emptied from the wheelbarrow/muck buckets in the arenas, round pen and side yard (at a minimum 2 times a week)
• Routinely checks the gates to ensure operational safety and that they're not out of adjustment
• Routinely monitors Byrne Preserve fencing and ensures corrective measures taken before the fences are so weakened as to provide an escape for the pastured horses • Routinely inspects that stalls are properly bedded and horses are fed correctly • Monitors the well being of all of the horses - including those in the paddocks and in the feeding pasture
• Ensures that all horses are current with immunizations • Assures that required inspections of fire extinguishers and sprinkler system are conducted, as well as annual fire inspections with the county fire department • Assures cleanliness of bathroom and kitchen (stocks bathroom with paper towels, toilet paper, and soap; maintains first aid kits and emergency flashlights) • Inspects and takes action for rodent control in the barn and on the property • Establishes self as authority figure at the barn while maintaining courteous, friendly, and professional relationships with all groups at the barn
• *Works with the trainers and their needs
• Represents the barn to the outside world in the context of Public Relations and recruitment of new boarders
37 Exhibit H
38 Exhibit I
Area Maintenance Plan
Key Notes & Recommendations
• Consistent watering is critical to prevent footing migration. • Shade/sun differences should be monitored and adjusted for in watering schedules. • Regular dragging depth control helps preserve base integrity. • Staying on schedule with:
• Flipping (≈ every 6 months as needed)
• Material top-up (≈ every 2 years)
• Full replacement (≈ every 5 years)
Will significantly extend arena life and performance.
This is done to help with the longevity of your footing additives. The laser provides balance & consistency for the horse and rider.
Historical:
Maintenance History
Arena Date Maintenance Activity
Lower Arena April 2026 Flip & Laser Level
Lower Arena April 2026 Add Sand/Footing (as needed)
Lower Arena April 2027 Flip & Laser Level
Lower Arena April 2028 Flip & Laser Level
Lower Arena April 2028 Add Sand/Footing (as needed)
Lower Arena April 2029 Flip & Laser Level
Arena Date Maintenance Activity
Upper Arena August 2026 Flip & Laser Level
Upper Arena August 2026 Add Sand/Footing (as needed)
Upper Arena August 2027 Flip & Laser Level
Upper Arena August 2028 Flip & Laser Level
Upper Arena August 2028 Add Sand/Footing (as needed)
Upper Arena August 2029 Flip & Laser Level
Arena Date Maintenance Activity
Round Pen April 2026 Flip & Laser Level (reset)
Round Pen April 2026 Add Sand/Footing (due to condition) Round Pen April 2027 Flip & Laser Level
Round Pen April 2028 Flip & Laser Level
Round Pen April 2028 Add Sand/Footing (as needed)
Round Pen April 2029 Flip & Laser Level Page 803 of 960 39 Lower Arena
• March 2014 – Base rebuilt; new sand/footing installed • August 2018 – Flipped & laser leveled
o Note: Reduced watering (well dry ~June 2018) caused footing migration
• August 2021 – Flipped & laser leveled
• April 2023 – Flipped & laser leveled
• October 2023 – Two loads of sand/footing added
• October 2024 – Laser leveled; new sand & textile added • August 2025 – Flipped & laser leveled
o New fence installed
o Sprinkler system upgraded
Upper Arena
• October 2015 – Installed (base repair + new footing)
• August 2018 – Flipped & laser leveled
• October 2024 – Laser leveled; new sand & textile added • August 2025 – Full footing replacement
Round Pen
• August 2017 – Installed with new footing
CONCESSION AGREEMENT FOR OPERATION OF
THE WESTWIND COMMUNITY BARN
OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
VICTORIA DYE EQUESTRIAN, LLC
DATED: JULY 1, 2026
ITEM 8D Attachment 3
1 TABLE OF CONTENTS
Page No.
1. Grant of Concession 2
2. Concessionaire Operating Responsibilities 3
3. Access to the Public 7
4. Facility Maintenance 7
5. Sanitation 9
6. Facility Improvements 10
7. Ownership of Facility 10
8. Fees and Charges 11
9. Books, Records, Reports and Audit 11
10. Collection of Fees and Charges Past Due 12
11. Concession Fees 12
12. Agreement Enforcement 13
13. Compliance with Laws 13
14. Town Events 14
15. Possessory Interest Tax 14
16. Indemnification 14
17. Insurance 15
18. Assignment 16
19. Waiver of Defaults 17
20. Relationship of Parties 17
21. Term of Agreement 17
22. Attorney's Fees 18
23. Force Majeure 19
24. Independent Contractor 19
25. Transition of Stable to Concessionaire 20
26. Successors in Interest 20
27 Notices 20
28. Exhibits I n c o r p o r a t e d by Reference 21
29. Governing Law, Jurisdiction, Venue 21
30. Entire Agreement 21
2 CONCESSION AGREEMENT FOR
OPERATION OF THE WESTWIND COMMUNITY BARN
OWNED BY THE TOWN OF LOS ALTOS HILLS
THIS CONCESSION AGREEMENT ("Agreement") is made and entered into by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") and Victoria Dye Equestrian, a California Limited Liability Company ("Concessionaire"). (Town and Concessionaire are each a "Party" and are collectively the "Parties.")
RECITALS
A. The Town owns a 15-acre property located at 27210 Altamont Road, Los Altos Hills known as the Westwind Community Barn upon which are buildings and other improvements intended for the private boarding of horses, the instruction and training of riders and their horses, promoting the community aspects of the Facility including the Westwind Riding Institute (WRI) Program, the Interscholastic Equestrian Association (IEA), public recreation and special events.
This real property and all buildings and improvements shall be collectively referred to in this Agreement as the "Stable Facility" or "Facility";
B. Concessionaire has cost effectively maintained and safely operated the Stable Facility for 12 years nine (9) years. Concessionaire shall manage the Facility use schedule in such a manner to minimize conflict and foster a socially vibrant and healthy learning environment for all Facility users pursuant to a concession agreement;
C. The Town's overall vision of operating principles for Westwind Community Barn is further described in Exhibit "H";
D. The Parties therefore desire to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the Parties hereby covenant, promise and agree as follows:
1. Grant of Concession
A. As of AprilJuly 1, 20236, (the "Effective Date"), the Town grants to Concessionaire a concession at the Stable Facility for the limited purpose of maintaining and operating the Stable Facility as further described in the attached Exhibit “A” and in conformance with all requirements of this Agreement. Concessionaire shall devote the greater part of his or herits working time and attention to the operation of the Concession and shall promote, increase and continue to develop
3 the business. Victoria Dye Equestrian, LLC shall assign Victoria Dye to manage the Facility during the days and hours of operation of the Concession.
B. Concessionaire shall maintain payment and utilities costs for Facility including electric, water, telephone, and internet, except that the Town shall reimburse 50% of the water utility cost upon submittal of invoice and utility payment receipt. The Town also agrees to continue to pay utility service cost for sewer service, conduct annual and monthly fire inspections, maintain smoke detectors and extinguishers, and be responsible for trash and manure pickup.
2. Concessionaire Operating Responsibilities
A. Concessionaire shall at all times during the term of this Agreement provide sufficient material, supplies, equipment, and labor to accomplish required programs and services on the Facility and be responsible for performing duties and responsibilities which include the following:
I. Concessionaire shall use the premises solely for the boarding and care of horses and related services including the training and instruction of riders and horses. The Facility is not permitted or warranted for overnight human habitation.
II. Concessionaire, shall maintain a maintenance and operations plan that demonstrates how the Concessionaire will maintain and operate the Facility. The plan should include schedules, procedures and documentation methods for all of the maintenance, housekeeping, sanitation and safety programs and tasks that are necessary to operate the Facility in accordance with applicable rules and regulations.
III. Three (3) times a year, Concessionaire agrees toshall provide job-related safety and risk management training to employees by a certified vendor.
IV.Concessionaire shall ensure that all instructors and applicable personnel maintain current safety training consistent with industry standards. At a minimum, Concessionaire represents that its staff are certified in SafeSport training as required by the United States Equestrian Federation (USEF). In addition, pursuant to participation requirements under the Interscholastic Equestrian Association (IEA), Concessionaire represents that its staff have completed concussion awareness training.
4 Concessionaire shall require that any non-boarder horses brought onto the Facility provide proof of current vaccinations, as applicable. All individuals utilizing the Facility, including riders and program participants, shall be required to execute a liability waiver approved as to form by the Town. Concessionaire shall monitor and manage outside horse usage, which is limited in frequency and generally associated with scheduled events or incidental trail use.
V. Concessionaire shall inform the Town of any and all services, programs and activities that the Concessionaire shall offer; the Town reserves the right to approve any or all services, programs, and activities offered on the premises by the Concessionaire. If a service or program is expressly disapproved by the Town, Concessionaire shall immediately suspend operations associated with the identified service or program.
5 VI.V. Concessionaire shall understand and comply with all applicable laws, rules, regulations and guidelines in the care of horses. Concessionaire shall manage the Facility in a responsible and safe manner consistent with the terms of this Agreement, applicable equine industry best management practices and previously established Westwind Community Barn manager duties as further described in Exhibit "G"
VI.Concessionaire shall understand and comply with all applicable laws, rules, regulations and guidelines in the care of horses. Concessionaire shall manage the Facility in a responsible and safe manner consistent with the terms of this Agreement, applicable equine industry best management practices and previously established Westwind Community Barn manager duties as further described in Exhibit "G".
VII. Concessionaire shall maintain a written Medical Emergency Plan (MEP) to address immediate medical care needs of individual riders and horses in the event of a medical emergency.
VIII. Concessionaire shall maintain an Emergency Evacuation Plan (EEP) for immediate evacuation of any or all boarded horses in the event of an emergency. Concessionaire shall participate and make Facility available for large animal rescue and training exercises.
IX.Concessionaire shall comply with the State of California Cal-OSHA regulations, including Section 3203 of Title 8 of the California Code of Regulations which requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP)that addresses hazards pertaining to the particular workplace covered by the program.
X. Concessionaire shall undertake background and security investigations of each of Concessionaire's staff as a condition of beginning and continuing work under any resulting Contract, the cost of which is the sole responsibility of the Concessionaire.
XI.Concessionaire shall undertake all aspects of financial management and record keeping, including billing for services, programs and payments to vendors/trainers.
6 XII. Concessionaire shall be responsible for ensuring the safety of the public and Facility users while on the Facility and shall consistently apply and enforce all rules, regulations, policies and equestrian best management practices.
XIII. Concessionaire shall be responsible for all use of space and assignment of resources for the Facility. Concessionaire shall prohibit the storage or placement of trunks, tacks, and other supplies in Barn aisle ways.
7 XIV.XIII. Concessionaire shall manage the number of horses and no more than ten (10) shall be pastured in Byrne Preserve. Concessionaire may pasture up to eight(8) school horses in Byrne Preserve and have use of the Facility without charge for Facility land use. School horses must have a calm temperament due to the many other users of the Preserve.
XIV. Concessionaire shall manage the number of horses and no more than ten (10) shall be pastured in Byrne Preserve. Concessionaire may pasture up to eight (8) school horses in Byrne Preserve and have use of the Facility without charge for Facility land use. School horses must have a calm temperament due to the many other users of the Preserve.
XV. Concessionaire shall reasonably accommodate public community programs such asWestwind Riding Institute ("WRI"), and will provide WRI with upper arena usage Monday and Thursday from 4-5 pm.
XVI. WRI and Concessionaire shall have a boarding agreement, subject to approval as to form by the City Attorney, which shall specify the terms and conditions of that boarder's WRI's use of the Stable Facility. Such agreement shall provide a clause whereby the WRI and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire. The WRI facility use and maintenance agreement between WRI and the Town is outlined in Exhibit "F." XVII. Concessionaire shall publish and maintain a current schedule of fees and charges for all services provided by the Concessionaire at the Facility.
XVIII. Concessionaire shall provide existing and future instructional riding programs offered to the public as further described in Exhibit "B". The Concessionaire shall work with the Town to ensure that riding programs requested by the Town shall meet the scope and quality established by the Town for such programs.
XIX. Concessionaire shall publish arena time allocations on a weekly basis
8 and seek input from Facility users in order to resolve potential conflict.
Special events will be communicated to Facility users with adequate notice.
XX. Concessionaire shall be able to recognize if a horse is in distress and shall take the appropriate steps to safeguard the health and safety of the animal.
XXI. The Concessionaire shall be responsible for communicating to the Town any maintenance needs for fencing in Byrne Preserve and maintaining watering
9 XXI. troughs in the Byrne Preserve. The Town shall be responsible for maintaining fire breaks, paths, gates, fence, trails, trees and other plant life and the general stewardship of the preserve.
XXII. As soon as possible, but not to exceed twenty-four (24) hours, Concessionaire must notify the Town of any incident involving threat to public safety or injury/ fatality to Facility workers oQr Facility users, or damage to public property. Concessionaire shall transmit an incident report to the Town on a Town approved Incident Report form.
B. Concessionaire agrees to post at conspicuous locations about the Facility notices giving the name, address, and telephone number of the superintendent responsible for the premises. Concessionaire agrees to allow the Town to maintain the Sheriff's office at the current location in the Facility solely for the occupancy and benefit of law enforcement personnel at no charge to the Town. The Town agrees to maintain the existing un-monitored digital video recording surveillance system of the Stable Facility 24 hours, seven days a week/7 and provide system access to Concessionaire. The Town agrees that Concessionaire is not required to maintain 24-hour onsite supervision of the Facility.
C. Concessionaire shall have a Town- approved written agreement with each Facility user and trainer who utilizes the Facility. The agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that trainer's use of the Stable Facility. Such agreement shall provide a clause whereby the trainer and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff, and Council Members for any and all losses associated with boarding, lessons, riding or any other activity on the Facility while under control of Concessionaire. Trainer agreement shall include a description of how the trainer is to be compensated and what programs and services the trainer is required or permitted to provide. Any fees which may be charged by a trainer for any program or service at the Facility shall be specified in the written agreement. Concessionaire shall provide the Town with a copy of Facility user and trainer's signed agreement prior to allowing user or trainer to use of the Facility and shall further provide the Town with a copy of any amendment to any such signed agreement within two (2) days after the execution of such amendment.
D. Concessionaire shall have a Town- approved written boarding agreement with each boarder who utilizes the Facility. The boarding agreement shall be subject to approval
10 D. as to form by the City Attorney and shall specify the terms and conditions of that boarder's use of the Stable Facility. Such agreement shall provide a clause whereby the Boarder and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire.
E. Concessionaire shall maintain a written process to resolve disputes with boarders or other persons utilizing the Stable Facility. A written copy of such process shall be posted on the Facility in a place accessible to the public, shall be provided to each boarder at the time of execution of each boarding agreement, and shall be filed with the Town.
3. Access to the Public
A. Programs and services provided by Concessionaire shall be made available to the public on a first-come, first-served basis, provided, however, Town residents shall have priority at all times over persons who are non-residents of the Town in all programs and services offered at the Facility. Separate waitlists for residents and non-residents, containing the date and time of entrance on the list, shall be established for each program or service for which demand exceeds supply. A copy of each such list shall be provided to the Town on an as needed basis.
B. The Facility shall be operated by Concessionaire under the name "Westwind Community Barn." The Facility shall be open to the public no earlier than one-half hour before sunrise and not later than one-half hour after sunset, seven days a week pursuant to Section 12-1.03 of the Los Altos Hills Municipal Code. The right of the public to free physical access to the Facility shall be maintained during posted hours of operation and in no event shall the Facility be fenced and gated so as to prohibit such access during hours of operation, provided, however, that Concessionaire may implement such security measures as deemed appropriate to assure the health, welfare, and safety of persons utilizing the Facility and the horses boarded on the Facility. Concessionaire shall reasonably secure Facility nightly at the close of operating hours to assure the health, welfare, and safety of the horses boarded on the Facility.
4. Facility Maintenance
A. Except for the WRI premises or as otherwise stipulated in this Agreement, Concessionaire shall at all times be responsible for routine maintenance and minor repairs to the Stable Facility in a condition satisfactory to the City Manager or designee. Routine maintenance
11 A. and minor repairs are activities undertaken to keep the Facility in good order and operating repair and safety, including but not limited to, regular preventative maintenance and incidental repairs arising from normal wear and tear from the use of the Facility. Concessionaire shall in a timely fashion provide written notice to the City Manager or designee of any major repairs needed and the Town shall make such repairs in a timely fashion. In an emergency, including after hours, Concessionaire shall immediately contact 911 and Town public works emergency staff, in that order.
B. The Town and Concessionaire shall meet twice annually to perform maintenance walkthroughs to inspect and identify needed repairs.
C. The Town will contract drain flushing and tree maintenance annually.
Concessionaire shall work with the Town to schedule the Town to off-load bedding as needed.
Concessionaire shall work with the Town to schedule the Town to remove manure from the feeding pasture four (4) times a year. The Town shall provide maintenance support for ten (10) hours monthly or one hundred and twenty (120) hours annually for items not specifically listed in the agreement. The Town reserves the right to charge Concessionaire for additional services requested by Concessionaire beyondIf Concessionaire goes over the allotted 120 hours, Concessionaire could be charged for the additional services.
D. Concessionaire shall provide the Town with a detailed description of all signage it proposes to utilize at any location on the Facility to advertise programs or services. Such signage shall not be installed without the prior written permission of the City Manager or designee.
If the Stable Facility, or any part thereof, is damaged by weather storm, wildfire, earthquake, or any other Act of God or terrorism, Concessionaire shall not be responsible to repair or replace said Facility. Town may in its sole discretion determine to rebuild or repair all or part of the Facility or to terminate this Agreement with no further liability to Concessionaire.
In the event Town determines it will not rebuild or repair the Facility in the event of a substantial destruction, Town shall pay Concessionaire a $15,000 relocation fee within 30 days of this decision.
E. The Town shall establish and maintain a dedicated Capital Improvement Program (“CIP”) for the Westwind Community Barn, subject to review by the Finance and Investment Committee (“FIC”), in coordination with the Concessionaire. Consistent with FIC’s recommendation, the CIP shall be funded at an annual amount determined by the City Manager or designee (anticipated range of $50,000–$100,000), with a minimum annual allocation sufficient
12 to support routine and long-term capital needs, including an estimated $40,000–$45,000 per year to address the four-year maintenance cycle for the Lower Arena, Upper Arena, and Round Pen.
The Town shall adopt and maintain a formal replacement and maintenance policy for Barn facilities to ensure assets are proactively repaired and replaced and that deferred maintenance does not occur. The Town retains sole responsibility for major capital repairs and replacements of the Stable Facility and related infrastructure. In the event the Stable Facility, or any portion thereof, is damaged or destroyed by storm, wildfire, earthquake, or other Act of God or terrorism, the Concessionaire shall not be responsible for repair or replacement. The Town may, in its sole discretion, elect to repair or rebuild the Facility or terminate this Agreement without further liability to the Concessionaire. If the Town elects not to repair or rebuild following substantial destruction, the Town shall pay the Concessionaire a one-time relocation fee of $15,000 within thirty (30) days of such determination.
E.
F. Concessionaire shall not cause any mechanic's or materialmen's liens to be placed upon the Facility.
G. Notwithstanding any other provision of this Agreement to the contrary, Concessionaire shall operate and maintain the Facility, and every part thereof, in compliance with the conditions, restrictions, and reservations by which the Town has authority to utilize the Facility
13 G. and in compliance with all rules and regulations and any amendments thereto promulgated by the Town, County of Santa Clara, and/or State of California.
H. The Town agrees to repair and maintain Facility landscaping, irrigation, parking, and driveway areas.
5. Sanitation
A. Concessionaire shall allow no offensive matter, litter or refuse, or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, to remain on the Facility. Concessionaire shall prevent the storage of clutter, junk or excess equipment, vehicles, and materials anywhere on the Facility. Concessionaire shall ensure that Facility appearance is neat and orderly at all times and prevent the accumulation of trash, debris and manure anywhere on the Facility and shall make all reasonable efforts to ensure that trash generated on-site is not blown or otherwise allowed to leave the Facility except in a proper disposal container. Concessionaire shall promptly notify the Town of any waste receptacles needed at the Facility.
B. Concessionaire shall clean all stalls, corrals and paddocks on a daily basis, removing all manure and replacing wet bedding material. Collected manure shall be stored in accordance with Facility conditional use permit requirements (Exhibit "D") and Health Department regulations and removed from the Facility no less than once per week. Concessionaire shall inspect and clean public restroom at Facility daily. The Town will provide and pay for professional janitorial services for the public restroom and kitchen once weekly.
C. Concessionaire shall actively suppress and control the accumulation and breeding of flies and offensive odors resulting from accumulation of manure and urine in stalls, corrals, paddocks, pasture and uncovered manure bins. This will be done utilizing industry accepted methods intended to minimize health hazard to humans or· the surrounding natural environment. This shall be an ongoing program for the duration of the Agreement.
D. Concessionaire shall notify the Town within 24 hours if the Town's trash, recycling and manure collector (GreenWaste Recovery, Inc.) fails to make a regularly scheduled collection of either trash, recyclables or compostables including manure.
E. Concessionaire shall control for all pest populations which may adversely affect the Facility. Known pests at the Facility include gophers, ground squirrels, flies and rats.
Concessionaire shall employ pest control methods which poses no health hazard to humans, and
14 E. minimizes negatively affect the surrounding natural environment including watercourses and wildlife. This shall be an ongoing program for the duration of the Agreement.
6. Facility Improvements.
A. Concessionaire must obtain the approval of the City Council or City Manager, depending on the scope, prior to undertaking any improvements to the Facility that involve more than day-to-day maintenance.
B. The Town may, in its sole and absolute discretion, make improvements to the Facility. The Town shall retain the right to enter the Facility for purposes of construction/demolition of any improvement upon reasonable notice to the Concessionaire (e.g., 24 hours’ advance written notice) and will make reasonable efforts to minimize disruption to Concessionaire's business operation. Improvements which cannot be completed in less than one month's time shall be coordinated with Concessionaire so as to find a minimally disruptive period of use of the Facility.
C. By execution of this Agreement, Concessionaire waives all claims for damages incurred due to business disruption which may be attributable to the construction of new site improvements, demolition, or reconstruction of existing improvements, including, but not limited to loss of income due to temporary redislocation of boarded horses.
D. The Town and Concessionaire agrees to the arena maintenance management plan in Exhibit “I”. The Town agrees to pay for the arena maintenance costs outlined in Exhibit I.
7. Ownership of Facility
A. All structures, improvements and fixtures existing on the Facility as of the Effective Date shall be and remain the property of the Town, and structures, improvements and fixtures installed on the Facility by anyone during the term of this Agreement shall become and remain the property of the Town, unless ownership rights to said fixtures, structures and improvements are formally waived by the Town.
B. Concessionaire agrees that any Facility including structures, improvements or fixtures purchased and placed in or upon the Facility by Concessionaire by way of additions, repairs, replacements, or improvements shall at no time be removed by Concessionaire unless (i) prior written consent of the Town is first obtained, or (ii) the purpose of such removal is repair or replacement of said property. Absent prior written agreement of the Parties, all such property shall at all times be the property of the Town.
15 8. Fees and Charges
A. Concessionaire shall be responsible for collecting all facility use fees and charges for boarding services and may require existing and future boarders to enter into new boarding contracts.
B. Fees and charges for all services, programs, rentals, and leases provided by Concessionaire may be established at the discretion of Concessionaire. Fees and service charges should be reasonable and competitive with similar facilities in the area.
9. Books, Records, Reports and Audit
A. Each year, Concessionaire shall work with the Town to prepare a maintenance and capitalimprovement projects(CIP) budgetforthe July 1stto June 30th fiscal year. The budget for each ensuing fiscal year shall be submitted to City Manager no later than April 1st preceedingpreceding the July 1st on which the next fiscal year is to start.
B. Concessionaire shall keep full, complete and accurate books of account and records which will reflect all business and monetary transactions of Concessionaire as well as all in-kind services provided to Concessionaire in connection with this Agreement. All such books and records, including tax return records, shall be open to inspection by the Town upon reasonable notice during normal business hours. The Town shall have the right to undertake an independent audit of said books and records at any time but not more than once per twelve (12) month period.
C. Within fifteen (15) days of the end of each month, Concessionaire agrees to present to the City Manager (or designee) an unaudited financial operating statement and an activity report delineating the activities at the Facility during the month. In addition, Concessionaire shall forward an annual financial statement to the City Manager (or designee) no later than August 31st following the close of a fiscal year. Upon termination or expiration of this Agreement, Concessionaire shall forward to the Town a final report for any such partial fiscal year. Such report shall be provided within forty-five (45) days after the final date this Agreement remains in effect.
This report obligation shall survive termination of this Agreement.
D. On an annual basis for each full year, Concessionaire shall perform an audit as described in Exhibit “C” and submit to the Town an audit report prepared by an independent auditor. The cost of the audit shall be paid for by the Town. Concessionaire shall maintain, preserve and protect any and all records requested by the auditor or by the Town in the form requested and in the manner dictated for a period of at least three (3) years. If there are any audit findings, the
16 D. Concessionaire shall respond to all audit findings within 30 days of receipt of the final audit report.
F.E. E. Concessionaire shall submit and present an annual report detailing accomplishments to the City Council.
G.F. The Town may, in its sole discretion, undertake a survey of customer satisfaction at the end of each year during the term of this Agreement, the results of which shall be shared with Concessionaire along with a suggested plan for improvements if any are deemed to be needed.
10. Collection of Fees and Charges Past Due
A. If any person utilizing the Facility fails to pay promptly any sum due to Concessionaire, then Concessionaire shall give such person written notice ofsuch default, and if such person fails to pay all sums due within forty-five (45) days of such written notice of default, Concessionaire shall terminate the right ofsuch person to utilize the Facility, and shall undertake all necessary actions in accordance with State statutes to collect such sum.
11. Concessionaire Fees
A. Town agrees to pay Concessionaire a monthly Management Payment by the first day of the mon.th which shall be $3,300.The Town agrees to pay the Concessionaire a monthly Management Payment, due by the first day of each month, in an amount of $4,000.
B.A. Town and Concessionaire agree that revenue from all Concessionaire operated programs other than horseshows including riding, training, clinic, instruction services, Facility rentals and horse leases further described in Exhibit "B" shall be split with 80% of the gross revenue received paid to the Concessionaire and 20% to the Town from $0-$300,000.
Revenue exceeding $300,000 shall be split with 82% of the gross revenue received paid to the Concessionaire and 18% to the Town. Residents receive a discount on camps and the Town will pay Concessionaire on the non-resident rate for all camps. Gross revenue shall mean all revenue less any refunds. For any program revenue, collected by the Town, Town shall remit Concessionaire's share of collected funds to Concessionaire within thirty (30) days following the completion/delivery of services. For any program revenue, collected by the Concessionaire, Concessionaire shall remit Town's share of collected funds to Town by the 15th day following the
17 month in which the funds are received. The remitting party shall provide the funds along with a report specifying the date, program recipient name and contact information, description of service provided, and amount of fees collected.
B. The Town and Concessionaire agree that revenue from all Concessionaireoperated programs, excluding horse shows, shall be distributed as follows:
I. Lessons, riding programs, clinics, instruction services, facility rentals, and horse leases (as further described in Exhibit “B”) shall be split with 80% of gross revenue paid to the Concessionaire and 20% to the Town for revenues between $0–$300,000, and 82% to the Concessionaire and 18% to the Town for revenues exceeding $300,000.
II. Training services shall be split with 85% of gross revenue paid to the Concessionaire and 15% to the Town, reflecting the labor-intensive and specialized nature of these services.
III. Boarding and horse shows shall remain unchanged under the existing agreement. •i. Residents shall continue to receive discounted camp rates; however, the Town shall compensate the Concessionaire at the non-resident rate for all camps. ii. “Gross revenue” shall mean all revenue collected less any refunds. i.iii. For program revenue: If collected by the Town, the Town shall remit the Concessionaire’s share within thirty (30) days following completion or delivery of services.
ii.iv. If collected by the Concessionaire, the Concessionaire shall remit the Town’s share by the 15th day of the month following receipt of funds. • The remitting party shall provide payment along with a report detailing the date, program participant name and contact information, description of services provided, and amount of fees collected.
iii.v.
iv.vi. Concessionaire shall be limited to fiveour (5) horseshows per year. For each horseshow, Concessionaire shall remit $500 check payable to the Town for the use of the facility and in lieu of any revenue split described in this Ssection B, above.
18 vii. Concessionaire runs IBA, a team show program. Concessionaire receives two types of payments for IBA: a team startup payment and lesson payments. Concessionaire agrees to pay the Town 20% of the gross lesson payments.Concessionaire runs IEA, a team show program. Concessionaire receives two types of payments for IEA: team startup fees and lesson payments. Pursuant to the lesson program commission structure, lesson fees shall be paid to the Town, with Concessionaire remitting twenty percent (20%) of the gross lesson payments to the Town. Team startup fees associated with the IEA program shall be retained by Concessionaire/VDE.
v.viii.
E.12. Agreement Enforcement
A. The City Manager shall be responsible for the enforcement of this Agreement on behalf of the Town and shall be assisted therein by those officers and employees of the Town having duties in connection with the administration thereof. Concessionaire and the Town agree to meet on at least a quarterly basis at Town Hall to discuss matters concerning Facility management, maintenance, operations, and finance.
B. Any officers and/or authorized employees and agents of the Town may enter upon the Facility at any time for the purpose of determining whether or not Concessionaire is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the Town within the Facility without disruption to Facility users, visitors or guests.
C. In the event the Town commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/or any property, Concessionaire does hereby agree to pay any sum which may be awarded to the Town by the Court for attorney's’ fees and costs incurred in the action brought thereon. In the event Concessionaire commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/or any property, the Town does hereby agree to pay any sum which may be awarded to the Concessionaire by the Court for attorney's’ fees and costs incurred in the action brought thereon.
2.13. Compliance with Laws
A. In performing any work under this Agreement, Concessionaire shall comply with all applicable Federal, State, and local statutes, ordinances, rules and regulations, including but not limited to those related to the hiring of undocumented workers, the Fair Labor Standards Act and the Americans with Disabilities Act. Concessionaire further understands and agrees it
19 must pay "prevailing wage" for construction projects which are considered "public works" under Labor Code §1720. Concessionaire shall indemnify, defend, and hold harmless the Town and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the Concessionaire's employees. In addition to all other requirements for employees to be
20 certified as eligible to be employed, Concessionaire shall require all prospective employees to be subject to "Llive Sscan" to determine if there is any criminal history which would make the prospective employee a risk to work with and/or around minor children and complete the California Child Abuse Mandated Reporters training by the CaliforniaA Department of Social Services.
B. Concessionaire shall operate in full compliance with all applicable governmental permits, including applicable provisions of the Facility Conditional Use Permit (Exhibit "D").
3.14. Town Events
A. Concessionaire agreesthat the Town may at no charge or fee hold up to five (5) public events annually at the Facility. Details of the events and required accommodations by the Concessionaire are stipulated in Exhibit "E".
4.15. Possessory Interest Tax
A. Concessionaire understands a possessory interest tax may be imposed under State or federal tax law upon Concessionaire's assumption of interest in the Facility and agrees to pay any such tax if and when due. Such tax shall be considered a boarding facility expense and be allowed in the Concessionaire's calculation of the Subsidy.
5.16. Indemnification
A. The Town and its officers, agents, employees and representatives (collectively, the "Town Representatives") shall not be liable for death, injury, or damage of any kind to persons or property from any cause whatsoever by reason of the use and occupancy of the Stable Facility by Concessionaire, or by the agents, servants, employees, or invitees of Concessionaire, and Concessionaire hereby waives all claims and causes of action against the Town and the Town Representatives for any such injury or damage as well as for consequential damages, loss of profits, and business interruption.
B. Concessionaire agrees to indemnify, defend, and hold harmless the Town, its officers, agents, employees and Town Representatives from and against any and all liability, loss, cost, expense, or obligation, including, without limitation, attorney's fees, court costs, and other expenses, on account of, or arising out of, Concessionaire's performance under this Agreement; and this Agreement is made on the express condition that the Town and the Town Representatives shall not be liable for, or suffer any loss or incur any liability by reason of, injury
21 to or death of a person or damage to or loss of any use of property, from whatever cause, in any
22 B. way connected with the condition or use of the Stable Facility during the term of this Agreement or any extension thereof, or the condition or use of personal property or fixtures on or about the Stable Facility during the term of this Agreement or any extension thereof, whether arising in whole or in part from active or passive negligence on the part of the Town or any Town Representative and/or from acts for which the Town or any Town Representative would otherwise be held strictly liable, excepting only willful misconduct of the Town or the Town Representatives acting in their duly authorized capacities. This indemnification obligation shall survive termination or expiration of this Agreement.
C. Concessionaire accepts the Facility in "as is" condition as of the Effective Date. Concessionaire agrees the Town and the Town Representatives shall not be liable to Concessionaire or Concessionaire's agents, servants, employees, or invitees for any damage, loss, or injury caused by the condition or design of, or any defect in, the Stable Facility, even if such loss, damage, or injury is or was the result of negligence of the Town or any Town Representative, whether active or passive, or from acts for which the Town or the Town Representatives would otherwise be held strictly liable.
D. The foregoing indemnifications shall not apply to: (i) any damage caused by soils or geotechnical problems, if any, which may have existed at the Facility as of the Effective Date; (ii) any requirement imposed by the Los Altos Hills County Fire District and Santa Clara County Fire Department to widen any road or street; (iii) any requirement to make any sewer or storm drain improvements which the Town determines are needed for the public health, safety, or welfare; or (iv) any liability occurring from operation of the Facility by the Town prior to the Effective Date.
6.17. Insurance
A. Concessionaire shall procure and maintain, at its sole costs and expense, comprehensive commercial general liability insurance of not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate.
Concessionaire's insurer must have an A.M. Best Rating of no less than A:VII. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of
A. this Agreement, shall specifically name the Town and the Town Representatives as additional insured, shall provide such coverage as primary and any coverage
23 the Town may maintain shall be in excess thereto, shall include a cross-liability or severability of interest endorsement, and shall provide it
Concessionaire shall procure and maintain, at its sole cost and expense, comprehensive commercial general liability insurance of not less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate, and commercial automobile liability insurance with coverage of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) general aggregate.
Concessionaire’s insurer must have an A.M. Best Rating of no less than A:VII.
Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement and shall name the Town of Los Altos Hills, its officers, agents, and employees as additional insureds. The following language shall be included: “The Town of Los Altos Hills, its officers, agents, and employees are named as additional insureds. Any Town insurance shall be secondary and in excess to the insured’s coverage.” This requirement shall also be reflected in the Certificate of Insurance for the Concessionaire’s general liability policy.
Such coverage shall be primary, shall include a cross-liability or severability of interest endorsement, and shall provide that it shall not be canceled or modified without at least thirty (30) days’ prior written notice to the Town.
B.
24 B. shall not be canceled or modified without at least thirty (30) days prior written notice to the Town. The presence of such insurance and the specification of liability limits for such insurance by the Town shall in no manner limit the liability of Concessionaire under the terms of the indemnification set forth in Section 16 of this Agreement.
C. Concessionaire shall procure business automobile liability insurance of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) general aggregate. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement, shall specifically name the Town and the Town Representatives as additional insured, shall provide such coverage as primary and any coverage the Town may maintain shall be in excess thereto, shall include a cross-liability or severability of interest endorsement, and shall provide that it shall not be canceled or modified without at least thirty
C. (30) days’ prior written notice to the Town. The presence of such insurance and the specification of liability limits for such insurance by the Town shall in no manner limit the liability of Concessionaire under the terms of the indemnification set forth in Section 16 of this Agreement.
D. Concessionaire shall procure and maintain, at its sole cost and expense, Worker's’ Compensation insurance in the amounts required by law.
E. The Town shall maintain, at its sole cost and expense, standard form fire, extended coverage, vandalism, and malicious mischief insurance, insuring all real property and fixtures located at and comprising the Stable Facility. Concessionaire may, at its sole discretion, obtain such insurance for personal property maintained by Concessionaire on the Facility.
F. Concessionaire shall deliver to the City Manager certificates of insurance as required under the Subsections A and B of this Section. Concessionaire shall also deliver to the City Manager a renewal binder for each policy of insurance required under this Agreement not later than fifteen (15) days before the scheduled date of expiration of such policy. If Concessionaire fails to maintain any required policy of insurance, then the City Manager may obtain said policy upon ten (10) days’ written notice and Concessionaire shall immediately pay to the Town any costs or expenses incurred by the Town in acquiring such policy.
7.18. Assignment.
Concessionaire shall not assign or hypothecate this Agreement, or any interest created
25 hereby, nor any rights or privileges herein, nor shall it enter into any agreement allowing the operation by another person of the concession on the Facility granted by this Agreement or any
26 portion thereof without the prior written consent of the Town which consent may be granted or withheld at the sole discretion of the Town. Any unapproved assignment or agreement shall be void, shall and confer no rights on or to any third party and shall be cause for termination of this Agreement by the Town, at its sole option. This provision against assignment and hypothecation shall be deemed to be a continuing covenant and apply not only to Concessionaire, but to any and all assignees, contractors and mortgagees of the Facility and to any who may in any manner acquire any interest herein.
8.19. Waiver of Defaults
No waiver of any breach, default or term hereof shall constitute a waiver of any other breach, default, or term hereof, whether of the same or any other covenant or condition.
9.20. Relationship of Parties
The relationship of the Parties is solely that of owner and Concessionaire, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the Town and Concessionaire. Concessionaire understands and agrees that all persons furnishing services on behalf of Concessionaire pursuant to this Agreement are, for purposes of Worker's’ Compensation Liability, employees solely of Concessionaire and not of the Town. Concessionaire shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services on behalf of Concessionaire pursuant to this Agreement.
10.21. Term of Agreement
A. The term of the Agreement is for three (3) years from the Effective Date.
B. Upon expiration of the Agreement term, and subject to the mutual agreement of the Parties, the Town and Concessionaire may extend the term of this Agreement for two (2) additional consecutive periods of three (3) years each. Concessionaire may seek to extend the term of this Agreement only if Concessionaire: (i) is, at the time of expiration of the extension thereof, in compliance with all its obligations hereunder and with all restrictions of record applicable hereto, and (ii) gives written notice to the Town of such desire to extend at least one hundred and twenty (120) days before the expiration of the then current term.
C. The Town may terminate this Agreement at any time and without cause upon one hundred and eighty (180) days' written notice to Concessionaire. Notwithstanding the
27 foregoing, if Concessionaire fails to perform any of the covenants, conditions, provisions or agreements contained in this Agreement, or if Concessionaire for any reason is dissolved, or if a petition in bankruptcy or insolvency is filed by or against Concessionaire, then, in that event, the Town shall have the right to immediately terminate this Agreement and to recover and resume possession of the Facility. This shall be considered termination "for cause." In the event of a "for cause" termination, the Town shall give Concessionaire written notice of its election to terminate this Agreement and the date upon which such termination is to occur, which shall be not less than ten
(10) days of receipt after the date of such notice. If Concessionaire has not corrected the reason for the termination "for cause" within the time allotted in the written notice of Town's intent to terminate Agreement, then termination shall be considered effective.
D. Concessionaire may terminate this Agreement upon ninety (90) days’ written notice to the Town and shall include in such notice the reasons for cancellation.
E. In the event that Concessionaire shall hold the Facility, or any part thereof, for any one day after the date upon which Concessionaire is required to terminate possession of the Facility, Concessionaire shall be deemed liable for the unlawful detainer of the Facility under the statutes of the State of California, and shall be subject to eviction.
F. The Town may terminate the Agreement by the delivery of a notice of termination to the Concessionaire specifying the extent. to which the performance of work is terminated and the date upon which such termination shall become effective. The effective date of such termination shall be no less than one hundred eighty (180) days from the date of the notice.
G. Without limiting the generality and the effect of any of the preceding provisions of this Agreement, Concessionaire covenants and agrees, upon the termination of this Agreement, that it will immediately peaceably surrender and deliver in good condition to the Town the Facility, together with the improvements, appurtenances, furniture, furnishings, equipment and other Town property located thereon. Concessionaire agrees to leave a minimum: two-month supply of hay, feed and bedding based on occupancy on the Effective Termination Date of Agreement.
11.22. Attorney's’ Fees
Iif either Party brings any action or proceeding to enforce, protect, or establish any right or remedy in this Agreement, then the prevailing Party shall be entitled to recover reasonable
28 attorney's’ fees.
29 12.23. Force Majeure
Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of nature, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any other public or governmental agency or entity (other than acts or failure to act of the Town shall not excuse performance by the Town) or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days after knowledge of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by mutual agreement of the Town and Concessionaire.
13.24. Independent Contractor
A. Concessionaire is and shall at all times remain as to the Town a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither the Town nor any of its officers, employees, or agents shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees or agents, except as set forth in this Agreement. Concessionaire shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Town.
Concessionaire shall not incur or have the power to incur any debt, obligation, or liability whatever against the Town, or bind the Town in any manner.
B. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the fees paid to Concessionaire as provided in this Agreement, the Town shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for the Town. The Town shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder.
30 14.25. Transition of Stable to Concessionaire
This Agreement does not obligate Concessionaire to utilize any employee, contractor, or supplier of the Town. Concessionaire shall have sole discretion in the hiring, scheduling, disciplininge and termination of any and all employees working on the Facility pursuant to this Agreement. The Town represents that Concessionaire is free to hire existing barn employees, that their employment is acceptable to the Town and that there are no fees due to any party for hiring these existing employees.
15.26. Successors in Interest
Each and all of the terms, conditions, covenants and obligations hereof shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto and all persons holding under or through them or any of them. All of Concessionaire's covenants hereunder, including those against assignment and subletting, are continuing and binding without exception on all who take or acquire any interest hereunder. Without limiting or qualifying any of the foregoing provisions of this Agreement, every person taking any interest hereunder, by, through or under Concessionaire shall by virtue of taking or acceptance of such interest and without further act be deemed to have become bound hereunder not only by privity of estate, but of contract, and to have assumed and agreed to perform all of the covenants and obligation of Concessionaire hereunder to the same extent as though such assignee had personally executed this Agreement.
16.27. Notices
All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid and addressed as follows:
To the Town:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: City Manager
To the Concessionaire:
Victoria Dye Equestrian, LLC
650 Castro Street, Suite 120-347
22 Mountain View, CA 94041
17.28. Exhibits Incorporated by Reference
This Agreement consists of twenty-two (22) pages (including signature pages) and nine (9) exhibits. All Exhibits attached hereto are incorporated by reference in this Agreement as though fully set forth herein. In the event of conflict between the provisions contained in this Agreement and any Exhibit, the provisions of this Agreement shall prevail.
18.29. Governing Law,Jurisdiction, Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Concessionaire agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Santa Clara.
19.30. Entire Agreement
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and� shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
EXHIBIT LIST
Exhibit A
Stable Facility Description
Exhibit B
Instructional Riding Program Description
Exhibit C
Agreed-Upon Audit Procedure
Exhibit D
Conditional Use Permit
Exhibit E
Town
EEvents
Exhibit F
Westwind Riding Institute Agreement
Exhibit G
Westwind Community Barn Manager Duties
Exhibit H
Vision of Operating Principles for Westwind Community Barn 5314858
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Exhibit I
Arena Maintenance Plan
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VICTORIA DYE
� Community Barn
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Cross
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Upper Arena
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AM - Morning Turnout
PM-Afternoon Turnout
Night- Overnight Turnout
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Byrne Preserve
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General Blanketing Guid elines
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Medium/Full Coat
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Exhibit B
Town Riding Program Parameters Instructional Riding Program Description The programs offered by a former vendor to the Town were extremely successful, received parent and rider support for excellence and provided entree to other riding opportunities at Westwind Community Barn. The Concessionaire would provide a comparable program in quality and scope.
Programs offered over the last ten years were developed to provide quality, low student to teacher ratio for beginner riders on well-cared, reliable, experienced school horses and to act as a "feeder" for the community to become more involved with horses and Westwind Community Barn. The flow advanced children through the different skill levels in the riding programs on to Pony Club and eventual horse ownership or leasing, training and in many cases working as volunteer instructors and assistants for the Westwind Riding Institute's disabled riding program.
The programs through the former vendor also enabled the leasing of school horses for use by nonhorse owning Pony Clubbers for Pony Club sessions, events and practice rides.
Quality
Low student to instructor ratio
Well-cared, reliable, experienced, school horses to accommodate many riding skill levels Riding Program-- all levels - based on Pony Club curriculum (whole horsemanship) Year Round Riding Program
Summer and School Breaks Camp
Promotes graduation into other riding opportunities art Westwind Summarized Text from Recreation Guide:
"The Year Round Riding Program (YRRP) offers riding lessons geared towards the beginning and intermediate rider. Participants will learn the basics of riding in a beautiful park-like setting.
The program focuses on learning to maintain an independent, balanced seat, tactful communication between horse and rider, and correct equitation. Each session is six weeks in length. Safety helmets are required for all mounted work and can be provided. Participants must come neatly dressed in form-fitting pants (no shorts), boots with heels, and a shirt that covers the shoulders. Jewelry is not allowed. Hair must be pulled back and out of the rider's face." Summer Camps
"A real barn experience, this program focuses on responsible, considerate care of horses. Each rider is assigned to his or her horse for the week, resembling the responsibility and fun of horse ownership. Graduates of summer camp have moved into Pony Club and Olympic-level instruction. We offer quality ponies, pony club curriculum, a low student to instructor/assistant ratio in a park-like setting, with horse games, vaulting and a horse show on the last day of camp." "Advanced camp is for riders jumping comfortably at 2'3". Each day will be devoted to a different discipline of eventing: dressage, stadium jumping and cross country. Each lesson will be videotaped. The instructor and students will analyze the videotape at the end of the day and develop strategies to improve the overall ride as well the rider's position and striding. Horse management will cover advanced topics such as conditioning, bandaging and nutrition." Prepared by Parks and Recreation Committee
Date: May 31, 2013
Exhibit C
Westwind Community
Barn Agreed-Upon
Procedure
A. Perform cash receipt testing for one randomly selected month
1. Compare boarding receipts to boarding agreements
2. Compare program receipts to program fee and enrmollment agreement
3. Trace receipts to bank statement and to the general ledger
4. Compare total payments from Town to amount recorded on VDE's accounting records
5. Attest reasonableness of total lessons revenues and boarding revenues through June 30, 2026
B. Perform expense testing
1. Confirm compliance with Section F.2.viii of the Agreement where all Concessionaire's staff shall undertake background checks
2. While the Town is providing boarding subsidy:
a. Review payroll expenses and agree salary to employment agreement
b. Review Feed, Grain and Hay expense and agree amount to paid invoices
C. Compliance with Section 9 of Agirreement
1. Compare tax return and December general ledger balance for completeness
2. Confirm record retention in compliance with Section E (3-vear)
Exhibit D
Conditional Use Permit
Exhibit E
REQUIRED TOWN EVENTS
Expected duties performed by WCB Concessionaire
*Dates are subject to change
I. Hoppin' Hounds (Saturday before Easter):
• Some event items are held onsite prior to the event and removed after the event.
• Takes place in Byrne Preserve.
• Barn Staff ensures that horses in Byrne Preserve are brought in the night before the event or no later than 7:30am on event day.
2. Pathways Run/Walk (Saturday, before Mother's Day)
• The public event draws roughly 500 people and takes place in the parking lot. Race routes extend through WCB, Byrne Preserve and neighboring areas.
• The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
• The barn shuts down for this morning public event.
• A few days prior to the event Town Staff begins staging, storage space is needed, porta-potties are delivered, signage hung, etc. • Barn staff:
► Completes a thorough barn cleaning; .
► Extra bathroom supplies stocked;
► Ensuresthat horses in Byrne Preserve are brought in the night before the event;
► Forsafety, horses remain in their stalls from 7:30am - Noon.
3. Hoedown (First Saturday in September):
• This public event draws roughly 600 people and takes place around the Barn and inside of the gate.
• The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
• A few days prior to the event Town Staff begins staging, the bar must be brought down, porta-potties are delivered, signage hung, etc. • Barn staff:
► Completes a thorough barn cleaning;
► Stocks extra bathroom/kitchen supplies, etc.;
► Provides temporary storage of event materials in an area of approximately one stall for not more than one week per event.
• The Barn stakeholders usually host a 30 minute horseshow. • Riding is not allowed for duration of the event.
4. Barn Lighting (First Sunday in December):
• Pending weather, this public event draws roughly 300 people and takes place around the Barn and inside of the gate. Page 843 of 960 Exhibit E
• The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
• A few days prior to the event Town Staff begins staging, storage space is needed, bar must be brought down, signage hung, etc. • Barn staff:
► Completes a thorough barn cleaning;
► Stocks extra bathroom/kitchen supplies, etc;
► Provides temporary storage of event materials in an area of approximately one stall for not more than one week per event.
• Weather Permitting, pony rides will be held either in the round pen or around the barn.
• A petting zoo is hosted in one stall.
5. TBD Town Event (Up to an additional event, Dates TBD):
• The Town reserves the right to conduct an additional event annually as needed. At this writing, no new events are scheduled or known; this paragraph is included as a placeholder for future events TBD.
The Concessionaire shall allow for such one-day event should they occur.
APPROVED AS TO FORM
Steven T. Mattas, City Attorney
Exhibit F
Westwind Riding Institute
Agreement
Exhibit G
Barn Manager Duties
At a community barn like Westwind, a working manager performs a multitude of functions necessary for the safe and smooth running of the barn. Of all of these tasks, "administration" is just one responsibility that is ancillary to the primary mission but not part of the mission.
A working manager:
* Provides an active presence whenever activities are going on - enforcing Barn rules, advising horsemen who do foolish and unsafe things * Checks the quality of hay when it is delivered
* Inspects the paddock fe.ncing to make sure it's safe
* Inspects arena fencing and repairs as necessary
* Ensures that all the horses in paddocks have access to water * Checks that all water troughs are clean and auto-fill mechanisms operational * Periodically checks arena sprinklers to see if they need adjustment * Maintains arenas and round pen - trains stable hands on proper maintenance and grooming * Takes proactive measures to keep flies under control - ensures that manure is regularly cleaned from the paddocks and the feeding pasture and emptied from the wheelbarrow/muck buckets in the arenas, round pen and side yard (at a minimum 2 times a week)
* Routinely checks the gates to ensure operational safety and that they're not out of adjustment
* Routinely monitors Byrne Preserve fencing and ensures corrective measures taken before the fences are so weakened as to provide an escape for the pastured horses
* Routinely inspects that stalls are properly bedded and horses are fed correctly
Exhibit G
* Monitors the well being of all of the horses - including those in the paddocks and in the feeding pasture
* Ensures that all horses are current with immunizations * Assures that required inspections of fire extinguishers and sprinkler system are conducted, as well as annual fire inspections with the county fire department
* Assures cleanliness of bathroqom and kitchen (stocks bathroom with paper towels, toilet paper, and soap; maintains first aid kits and emergency flashlights)
* Inspects and takes action for rodent control in the barn and on the property * Establishes self as authority figure at the barn while maintaining courteous, friendly, and professional relationships with all groups at the barn
*Works with the trainers and their needs
* Represents the barn to the outside world in the context of Public Relations and recruitment of new boarders
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Exhibit H
The Town's overall vi(siron of operating goals and .principles for Westwind Community Barn is as follows: •
• A Create .a safe and welcoming environment for all equ�estrians and Facility users. .B. Build and maintain a healthy and vibrant Facility whose barn, pastures. and paddocks are full of horses and Facility users..
A. Foster community support and collaboration through the creation of an ad �hoc concession advisory group of key stakeholders and at least one neighbor (members are chosen by the concessionaire).
B. Pra�ctice good scheduyle management that mifnifmifzes and manages facility interference by and .among the Various user grou.cups.
C. Support public events that the Town may choose to convene at the facility.
D. Provide or obtain over time an adequately balancedtj supply of equestrian stock for user use, renr:ital or lease at competitive rates and terms.
E. Provide equestrian and rider training programs.
F. Promote and support equestrian riding programs such as 4H, Pony Club and YRRP anrid such others that will encourage a broad range of facility and community usage.
h
Exhibit I
Arena Maintenance Plan
Key Notes & Recommendations
• Consistent watering is critical to prevent footing migration. • Shade/sun differences should be monitored and adjusted for in watering schedules. • Regular dragging depth control helps preserve base integrity. • Staying on schedule with:
o Flipping (≈ every 6 months as needed)
o Material top-up (≈ every 2 years)
o Full replacement (≈ every 5 years)
will significantly extend arena life and performance.
This is done to help with the longevity of your footing additives. The laser provides balance & consistency for the horse and rider.
Projected:
Arena Date Maintenance Activity
Lower Arena April 2026 Flip & Laser Level
Lower Arena April 2026 Add Sand/Footing (as needed)
Lower Arena April 2027 Flip & Laser Level
Lower Arena April 2028 Flip & Laser Level
Lower Arena April 2028 Add Sand/Footing (as needed)
Lower Arena April 2029 Flip & Laser Level
Arena Date Maintenance Activity
Upper Arena August 2026 Flip & Laser Level
Upper Arena August 2026 Add Sand/Footing (as needed)
Upper Arena August 2027 Flip & Laser Level
Upper Arena August 2028 Flip & Laser Level
Upper Arena August 2028 Add Sand/Footing (as needed)
Upper Arena August 2029 Flip & Laser Level
Arena Date Maintenance Activity
Round Pen April 2026 Flip & Laser Level (reset)
Round Pen April 2026 Add Sand/Footing (due to condition) Round Pen April 2027 Flip & Laser Level
Round Pen April 2028 Flip & Laser Level
Round Pen April 2028 Add Sand/Footing (as needed)
Round Pen April 2029 Flip & Laser Level
Historical:
3/2014: Lower arena base footing sand installed
10/2015: The upper arena was installed (Footing and sand replaced and base repaired) 8/2017: Round pen Otto Matts installed
6/2018: Well Ran Dry; Part of the need at this time in the lower arena was due to the well running dry and the arena was not effectively watered for approximately two months. This caused the footing to move around more than normal.
8/2018: Footing was flipped and laser leveled in both arenas 5/25/22: Upper Arena Laser Leveled and added sand· Maintenance History
Lower Arena
• March 2014 – Base rebuilt; new sand/footing installed • August 2018 – Flipped & laser leveled
o Note: Reduced watering (well dry ~June 2018) caused footing migration • August 2021 – Flipped & laser leveled
• April 2023 – Flipped & laser leveled
• October 2023 – Two loads of sand/footing added
• October 2024 – Laser leveled; new sand & textile added • August 2025 – Flipped & laser leveled
o New fence installed
o Sprinkler system upgraded
Upper Arena
• October 2015 – Installed (base repair + new footing)
• August 2018 – Flipped & laser leveled
• October 2024 – Laser leveled; new sand & textile added • August 2025 – Full footing replacement
Round Pen
• August 2017 – Installed with new footing
•
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026-27 LEAD
DEPARTMENT
COMMITTEE
INVOLVEMENT
ESTIMATED STAFF
HOURS
$40,000 2026 Election 2 Elected Council Members (new) Establish Ballot for Upcoming Election City Clerk City Clerk-30 $45,000 2026 Volunteer Dinner Successful Dinner Host Successful event City Clerk City Clerk-30 $45,000 2027 Voluntter Dinner Successful Dinner Host Successful event City Clerk City Clerk-30 $15,000 Edisclosure Software exhange
Streamlined collection of Ethics and SH
training Implement new software City Clerk City Clerk-30 $60,000 Safe Storage of records at the Corp Yard Better retention and more accesible files Onboard and bring proposal to council City Clerk City Clerk-40 $10,000 X Update PRA Software Faster PRA response time Find and implement new software City Clerk City Clerk-30
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES LEAD DEPARTMENT COMMITTEE
INVOLVEMENT
City Clerk
Update Town Calendar with Meetings
City Clerk
City Clerk
City Clerk
City Clerk
City Clerk
City Clerk
Publish Notices for Meetings
City Clerk
In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
Update Municode
Reconcile Credit Card Logs
Notary Requests
PRAs
Add Records to Laserfiche
Deferred to Committee
Added During February 4th Goal Setting Workshop
BEYOND CAPACITY
KEY OUTCOME ESTIMATED STAFF
HOURS
City Clerk
Core Day-Day Operations (Running list)
TASK NAME STAFF INVOLVEMENT
Respond to Committee Emails City Clerk
Build Agendas for City Council City Clerk
Draft Minutes for Consideration
New Projects
LEGEND
1 ITEM 8D, Attachment 4
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026-27 LEAD
DEPARTMENT
COMMITTEE
INVOLVEMENT
ESTIMATED STAFF
HOURS
Finalize RFP for new editor/designer for
Our Town
CMO- 10hrs
City Clerk- 10hrs
Enter into contract with new
editor/deisgner for Our Town, ongoing
review of publication
CMO- 30hrs
City Clerk- 30hrs
Establish Ad Hoc Committee and have
Ad Hoc Committee report to City
Council progress on negotiations CMO- 50hrs
Continue Discussion with City Council
on key issues CMO- 50hrs
Engage in new Contract with Sheriff's
Office CMO- 30hrs
Emergency Preparedness
Keep the Town Safe and prepared for
emergencies with a full-time emergency
manager position
Ensure that their is continuity within
the Emergency Management position CMO EPRC CMO- 80hrs
Continue review and discussion with
the Tech Committee on which vendor
to move forward with Completed
Present item to City Council Completed
Town Hall installation CMO- 8hrs
Corpyard Insatallation CMO- 8hrs
Weswind Barn Installation CMO- 8hrs
Access Panel Upgrades CMO- 8hrs
X Re-evaluate ALPR System
Discuss possibility of removing Flock
Cameras CMO Tech Committee CMO- 30hrs
$60K Fire Service Review
Maximize taxpayer dollar for fire and
emergency response services Pending; Complete Service Review CMO EPRC CMO- 50hrs
CDD- 50hrs
$60K
Emergency Communication items from
the EPRC (Sound Study, ALERT SCC)
Improve the Town's emergency response
framework Engage with a vendor CMO EPRC CMO- 40hrs
$10K X
Check-in on cultural reset items-stay
interviews + new round Maintain recruitment and retention efforts Complete 2026 round and implement
any suggestions CMO CMO- 20hrs
X Green Sheets
Gain Council consensus on how to codify
document City Council discussion at CC meeting CMO CMO- 60hrs
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES
LEAD
DEPARTMENT
COMMITTEE
INVOLVEMENT
AI Workshop CMO
CMO
In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
New Projects
Core Day-Day Operations (Running list)
Eaton and IT support Assignments Management Analyst
Miscellaneous Cross Dept Tasks (ex. Picking up orders, going to the County Recorders Office) Management Analyst LEGEND
TASK NAME STAFF INVOLVEMENT
Emergency Preparedness/Keeping the Town Prepared for emergencies City Manager Continue Employee Enhancement &Retention Program + Onboarding New Employees City Manager $5,200,000
X
Renegotiate New Contract with SCC
Sheriff's Department
Engage in a new contract with the Sheriff's
Office CMO
$49,000 X Our Town Publication
Phase out the Quarterly and Increase Our
Town to four issues a year CMO
Invoices
~$40K X Tech Committee
Town Hall Facility Security Camera
Upgrade
Bring Town facility security systems under
one platform CMO
BEYOND CAPACITY
KEY OUTCOME ESTIMATED STAFF
HOURS
Identify possible areas of AI implementation within the organization to help in staff's day-to-day workload and projects CMO- 20hrs
Management Analyst
Work on the Weekly Management Analyst
Deferred to Committee
Added During February 4th Goal Setting Workshop
Grant Management Management Analyst
Speed Feedback Sign Data Analysis Management Analyst
KMVT Scheduling for Town Meetings Management Analyst
Ai Chatbot Session Analysis Management Analyst
Wesbite Updates (Events, Archive Center, Dept Updates, Staff Directory, Project Workplan Tracker, Alerts, Homepage, Document Uploads, New Webpage Buildout) Management Analyst Updating Digital Billboard Management Analyst
2
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026-27 LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
ESTIMATED STAFF
HOURS
$30,000
Prepare and publish updated informational
handouts, checklists, workflow charts, and staff
schedules
Have current information on the
site development process and
key requirements of the
municipal code
CDD None CDD - 120hrs
$20,000 Expired Permit Management
Conduct an assessment of
expired Town permits
CDD None CDD - 80hrs
$15,000
Conduct a satisfaction survey of
planning/development services in the past three
years
Complete a digital survey CDD None CDD - 50hrs
No Cost Updated ADU Permit streamlining processes
Audit and updated of the Town's
ADU in formational handouts,
appointment scheduling, and
website resources
CDD PC CDD - 80hrs
$26,000 TRAKit & eTRAKiT upgrades TRAKiT & eTRAKiT upgrades Increased tracking and efficiency CDD None CDD - 80hrs $1,000,000 X Complete Permit Fee Assessment and Issue
Reimbursements
Complete an assessment of outstanding
reimbursements to residents for overcharged
services
Issue reimbursements CDD FIC
CDD - 240hrs
Finance - 120hrs
$60,000 X Complete Safety Element Have a completed GP element Creation of draft document CDD EPRC CDD- 240hrs $40,000 X Department of Forestry Community Wildfire
Risk Reduction List
Maintain compliance with California State fire
policy and focus on reducing wildfire risks by
modifying the immediate surroundings of a
property ignition from embers and radiant heat
Code Amendment CDD EPRC CDD - 160hrs
$17,000 X Green House Gas Inventory Conduct Inventory Review to track CHG Emissions Partner with EIC and CSG for
completion of GHG Inventory
CDD EIC CDD - 120hrs
$30,000 Objective Design Standards Establishment of methodology; creation of draft document
CDD PC, EDPC CDD - 80hrs
CIP Zoning Ordinance (Multi-Family) (CIP) Creation of draft document CDD PC, EDPC CDD - 80hrs $30,000 Inclusionary Housing / Feasibility Identify relevant example policies; craft draft policy
CDD PC, EDPC CDD - 80hrs
$12,000 ADU Ordinance Update Creation of draft document CDD PC, EDPC CDD - 120hrs $7,500 Density Bonus Ordinance and Incentives for ELIs Identify relevant example policies; craft draft policy
CDD PC, EDPC CDD - 50hrs
$7,500 (A-4) By-right Approval Ordinance Creation of draft document CDD PC, EDPC CDD - 120hrs $4,500 SB 35 and SB 330 Application Streaming
Procedure
Identify relevant example
policies; craft draft policy
CDD PC, EDPC CDD - 80hrs
$1,500 No Net Loss Monitoring
Identification of project and
permit tools to assess activity
against existing inventory
CDD PC, EDPC CDD - 5hrs
$4,500 Pre-approved ADU Plans Develop standards for preapproval of ADUs CDD PC, EDPC CDD - 80hrs
$7,500 Education, Outreach, and Information Exchange
for housing resources
Establish scope/parameters for
each task; identify relevant
examples; prepare outline to
execute programs
CDD PC, EDPC CDD - 120hrs
$6,000 A-1 Prepare report for Mid-Cycle review of Housing Element implementation
Report for HCD on program
status with letters of intent from
developers
CDD PC, EDPC CDD - 160hrs
$900 A-3 Annual report and review of surplus lands Report to include with APR CDD PC, EDPC CDD - 25hrs CDD
X CDD Listening Response Session
3
CIP A-5 Minimum Zoning Density
Ensure Zoning Code complies
with a establish minimum
densities to ensure that parcels
are able to be developed at
appropriate densities for lowerincome
CDD PC, EDPC CDD - 80hrs
$4,500 A-11 Continued outreach to large site owners
Maintain list of prospective RHNA
backup sites for remainder of 6th
and 7th cycle
CDD PC, EDPC CDD - 50hrs
$100,000 A-12 Conversion to
Duplex or Triplex
Rezoning for conversion of
Duplexes or Triplexes
CDD PC, EDPC, OSC,
Pathways
CDD - 320hrs
$1,500 B-1 Permit Streamlining
Establish and implement
expedited permit processing for
affordable housing projects,
including projects that qualify for
density bonuses (in compliance
with SB 35 and SB
330). Advertise the expedited
permit process on the Town’s
website and circulate a notice
with the Building Industry
Association and Chamber of
Commerce.
CDD PC, EDPC CDD - 80hrs
No Cost B-3 Density Bonus Updates
Amend the Zoning Ordinance to
update density bonus regulations
to meet updated state
requirements
CDD PC, EDPC CDD - 80hrs
$7,500 B-4 Development of User guides for multifamily
objective design standards
Updated MF ODS webpage and
user guides
CDD PC, EDPC CDD - 40hrs
No Cost B-6 ADU Ordinance Update to Meet State Law
Annual review of current ADU
policy and amendments to
remain in comliane with state law
CDD PC, EDPC CDD - 80rs
No Cost B-7 Public Fees
Town will compile all
development standards, plans,
fees, and nexus studies in an
easily accessible online location.
The Town will update its zoning
and general plan maps to provide
a high quality, parcel-specific
reference
CDD PC, EDPC
CDD - 80hrs
Public Works - 60hrs
Finance - 40hrs
$600 B-8 Development of long-range sewer plan to
accomodate for multifamily opportunity sites
Publish final schedule and user
guide
CDD PC, EDPC
CDD - 80hrs
Public Works - 80hrs
No Cost
B-10 SB 9 Ordinance
Amendments
Annual review of current SB 9
policy and amendments to
remain in compliance with state
law
CDD PC CDD - 80hrs
No Cost B-13 Finalize Fee Nexus study publish final
schedule and user guide
Publish final schedule and user
guide
CDD PC, EDPC
CDD - 80hrs
Finance - 80hrs
Public Works - 300hrs
No Cost C-1 At risk housing preservation Inclusion of reporting in the APR CDD PC, EDPC CDD - 10hrs X Housing Element Programs 4
$1,500 F-2 Housing Mobility
In coordination with programs A1, A-3,and A-6, allow multi-family residential opportunities in the
Town. Additionally, in
coordination with programs G-1
and G-3, maintain an education
program to inform tenants of the
2019 Tenant Protection Act and
provide information on the Town
webpage
CDD PC, EDPC CDD - 10hrs
$15,000 F-5 Transit improvements with Plan Bay Area
Engage in Planning Collaborative
and VTA working groups for
multifamily housing transit
connection
CDD PC, EDPC
CDD - 80hrs
Public Works - TBD
$15,000 Legislative updates
Provide bi-annual reports on
recent legislation to the Planning
Commission
CDD PC, EDPC CDD - 80hrs
$30,000
Housing mobility and working group participation
to support a variety of ongoing and previously
implemented Housing Element programs
Continue regular engagement
with the Santa Clara County
Planning Collaborative, County
Office of Supportive Housing,
VTA, and Santa Clara County
Association of Planning Officials
CDD PC, EDPC CDD - 120hrs
No Cost Muni Code Update - Firescape Update code CDD None CDD - 240hrs No Cost Muni Code Update - Landscape (Guide 2.1) Update code CDD None CDD - 240hrs No Cost Muni Code Update - Ridgelines/Hilltops Update code CDD None CDD - 240hrs No Cost Prepare the HCD Annual Progress Report Complete HCD Annual Report Complete HCD Annual Report CDD None CDD - 240hrs No Cost Prepare the LCI General Plan Annual
Progress Report Prepare LCI General Plan Annual Report Prepare LCI General Plan Annual Report CDD None CDD - 240hrs
$15K X Inspection scheduling system Improve inspection scheduling system Software to improve UI and
accessibility for applicants CDD None CDD - 50hrs
$15K X
Improve deposit management for current
projects
Track deposit accounts for building, planning and
public works and improve efficiency of deposit
returns
Improve backend management
for staff to process deposits on a
regular cadence CDD FIC CDD - 100hrs
$15K X
Heat pump rebates/Whole Home
assessment/administration
Promote the use of heat pumps (~10 rebates a
year)
Continue to provide funding for
electrification of heat pumps in
Town CDD EIC CDD - 50hrs
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
No Cost Grant Reimbursements CDD None
$15K X AI plan review tools and user guides CDD Technology No Cost Assess inter-agency processes CDD None
No Cost
Administer bi-annual assessment of
planning feedback surveys CDD None
$15K Prepare and publish eTRAKiT user guides CDD None
$40K GIS Updates (Civ Check from Camino) CDD Pathways, PC No Cost CDD EDPC
No Cost CDD History
No Cost CDD EDPC
No Cost CDD PC, EDPC, Open
Space
No Cost CDD PC
No Cost Muni Code Update - Creeks/Swales CDD PC CDD - 240hrs Prepare and publish eTRAKiT user guides CDD - 50hrs
ncreased accuracy and efficiency from planning staff; staisfaction of HCD Requirments CDD - 80hrs Update Municipal Code in alignment with
California State law
Muni Code Update - Views CDD - 240hrs
Muni Code Update - Historic Preservation CDD - 240hrs
Muni Code Update - Lightwells CDD - 240hrs
Muni Code Update - Fences CDD - 240hrs
Muni Code Update - Parking CDD - 240hrs
CDD - 50hrs
Improve inter-agency cooperation with partners CDD - 50hrs Send and review bi-annual planning feedback surveys CDD - 25hrs Submit reimbursements for grant money that the Town has available CDD - 25hrs Municipal Code Updates: In Alignment with
California State Law
BEYOND CAPACITY
KEY OUTCOME
ESTIMATED STAFF
HOURS
Write and administer AI tools SOPs
5
No Cost PGE Transformer "one year above ground"
variance policy
CDD PC
No Cost Density Solutions CDD PC
In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
New Projects
CDD
Building and planning records administration CDD
Training, Certification Maintenance, and Regional Collaboration LEGEND
Code Enforcement (Historic preservation process update, leaf blower regulation implementation) CDD Attend regular committee meetings for planning and building related functions CDD Manage and prepare reports and public hearings for City Council meetings CDD Facilitate property records requests CDD
General public facing administration CDD
Manage scheduling and completion of building inspections CDD Manage all agendas, reports, organization and scheduling public noticing for planning commission meetings ~16/yr CDD Manage all Fast Track and Site Development agendas, reports, organization and scheduling public noticing ~30/yr CDD Manage special informational meeting agendas, reports, organization and scheduling public noticing ~5/yr CDD Process, review, and issue all planning permits ~500 permits/yr CDD Process, review, and issue all building permits ~600-800 permits CDD Complete site visits for all major (public hearing) planning projects and all ADU projects ~100/yr CDD Staff counter appointments and inquiries with residents CDD PGE Transformer Policy CDD - 240hrs
Density solutions CDD - 240hrs
Core Day-Day Operations (Running list)
TASK NAME STAFF INVOLVEMENT
Deferred to Committee
Added During February 4th Goal Setting Workshop
6
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026- 27 LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
ESTIMATED STAFF
HOURS
Internal Purchasing Policy
Internal purchasing policy for goods,
services, and public works projects
Council approval of internal purchasing
policy Finance FIC Finance - 96 hours
Solicit consultant support, execute
contract to prepare draft Fee Schedule
Finance- 40 hours
CDD - 40 hours
Update Fee Schedule and present to FIC
and City Council
Finance - 120 hours
CDD - 120 hours
Solicit consultant support, execute
contract to prepare Study
Finance - 0 hours (complete)
CDD - 0hrs (complete)
Complete Cost of Service Study and
Cost Allocation Plan
Finance - 0 hours (complete)
CDD - 0hrs (complete)
Present final Cost of Service Study to
FIC and City Council
Finance - 0 hours (complete)
CDD - 0hrs (complete)
X Five-Year Financial Forecast
Prepare long-term fiscal projection for
budget planning
Complete five-year financial forecast
and present to FIC and City Council
during budget presentations Finance FIC Finance - 240 hours X
Finance Standard Operating
Procedures
Complete SOPs for common Finance
functions Complete SOPs Finance FIC Finance - 120 hours Budget Completed
Payroll Completed
Accounts Payable Completed
Purchasing Finance - 40 hours
Bank and Cash Reconciliation Finance - 80 hours
ACFR Finance - 120 hours
Uncollectible Accounts Receivables Finance - 80 hours
Stale dated checks or escheatment
process Finance - 80 hours
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
$30K X
Complete and Implement Impact
Fee Study for New Impact Fees Finance FIC
Finance
$20K X New Building Permit Fee Schedule
Update the Town's Building Fee Schedule
in line with the new COS Study Finance, CDD FIC
FIC
X Financial Policies
Create Financial Policy for uncollectible
Accounts Receivables, stale dated
checks or escheatment process, and
Purchasing Policy Finance FIC
$20K Cost for Service Study
Complete a Cost of Service Study which
is the basis to evaluate new fees Finance, CDD FIC
$20K
Maximize functions of financial
systems
Use and streamline functions of
financial systems (Budget, Project
Accounting, Purchasing, AP, Fixed
Assets, Bank Reconciliation, ACFR) Finance
BEYOND CAPACITY
KEY OUTCOME ESTIMATED STAFF
HOURS
Complete an assessment of current impact fees as the basis to assess whether new or revised fees are warranted. Current impact fees include park, pathway, and drainage fees.
Finance - 120 hours
CDD- 120 hours
Maximize functions of financial
systems
Use and streamline functions of financial systems (Fixed Assets, Project Accounting) Finance FIC
Monthly credit card recording
Provided PRA report as requested
Year-End Closing Entries AP Adjustments
Assist with internal AP Automation inquiries and filing Cash Flow and Investment Monitoring
Core Day-Day Operations (Running list)
TASK NAME STAFF INVOLVEMENT
Accounts Payable Intake and Invoice Routing
Accounting Technician
Accounts Payable Processing
AP Inquiry Response and Vendor Communication
Check Run Documentation Assembly and Automation
Invoice Matching and Coding
Vendor Compliance Documentation
Prep vendor form request for Senor Accountant to review and setup in Tyler 1099 preparation and mail before due date
Unclaimed property research & reissued
Assist with external audit
Assist and prepare the out of state sales tax payment
Internal Control Monitoring
Investment Reporting
7
Deferred to Committee
Added During February 4th Goal Setting Workshop
Risk Management and Insurance Administration
Strategic Planning and Council Goals Support
Procurement Compliance and Oversight
User Fee Study Support
Annual ACFR Preparation
Finance Director
Long-Term Financial Planning and Forecasting
Property Tax Monitoring
Technology System Administration
Financial Systems Modernization and Process Improvement Initiatives Finance Director, Senior Accountant
Audit Preparation (Interim and Year-End)
Bank Reconciliation
Finance Director, Management Analyst
Budget Monitoring and Adjustments
Classification and Compensation Analysis
Cost Allocation Plan Development
Council Agenda Item Preparation
Finance and Investment Committee Meeting Support
Finance Weekly Update Preparation
Financial Policy and Procedure Updates
HR Policy and Procedure Updates
Monthly Treasurer's and Disbursements Reports
Annual Budget Preparation
Revenue Tracking and Variance Review
Cash Receipts Posting and Daily Deposits
Employee Benefits Reconciliation
Background Check Coordination and Compliance
Management Analyst
Candidate Screening and Interview Scheduling
Capital Project Budget and Expenditure Tracking
Contract Review and Tracking
Developer Deposit Tracking
Employee Onboarding and Training Documentation
Grants and Restricted Funds Monitoring
HR Analytics and Workforce Reporting
Job Description Development and Updates
New Projects
PERS Reporting and Payments
Quarterly and Annual Payroll Filings
Year-End Closing Entries and Adjustments
LEGEND
In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
Employee Records Maintenance and Compliance
Fixed Asset and Capital Asset Accounting
Grant Billing and Drawdowns
Journal Entry Preparation
Payroll Journal Entry Posting
Payroll Processing Review
Purchase Order Review and Release
Recruitment Coordination and Job Posting Management
State Controller’s and Regulatory Financial Reports
Unclaimed Property Tracking
Accounts Payable Payment Batch Processing
Senior Accountant
Accounts Receivable Billing
Benefit Enrollment and Status Change Processing
8
MANDATED/BUDGET CC Project KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026-27 QUARTER OF COMPLETION LEAD
DEPARTMENT
COMMITTEE INVOLVEMENT
ESTIMATED STAFF
HOURS Tier (1 or 2)
Host Community Events throughout the year
High-quality, well-attended
community events that foster
resident engagement and
connection. Ongoing CS PRCEC
Community
Services- 95 1
Continue to produce the Activity Guide 2x a year
Reliable, biannual communication
of Town programs and services to
support participation and
community engagement. Ongoing CS
Community
Services- 20 hrs 1
Renew Los Altos/Los Altos Hills Little
League Contract
Clear terms outlining use, maintenance
responsibilities, and cost-sharing
A renewed agreement that clearly
defines field use, maintenance
responsibilities, and cost-sharing. Q2 2026 CS FIC, Open Space, PRCEC Community
Services- 6hrs
CMO- 10hrs 1
A revised agreement reflecting operational needs,
community input, and long-term barn
sustainability
A renewed agreement that clearly
defines maintenance
responsibilities, cost-sharing, and
supports continued equestrian
programming. Q2 2026 CS FIC, Open Space, PRCEC
Community
Services- 6hrs
CMO- 10hrs 1
Ongoing, reliable operation of equestrian
programs and services at Westwind Community
Barn
A renewed agreement that clearly
defines maintenance
responsibilities, cost-sharing, and
supports continued equestrian
programming. Q2 2026 CS FIC, Open Space, PRCEC
Community
Services-10hrs
CMO- 10hrs 1
Develop a comprehensive Bench Donation
Policy
Create clear, consistent guidelines for bench
placement, design standards, fees, and
maintenance
A comprehensive bench donation
policy that clearly defines
placement, design standards,
fees, and maintenance
responsibilities to support
community benefit Q3 2026 CS FIC, Open Space, PRCEC
Community
Services- 10 hrs 2
Launch new senior programs aligned with interests
and community needs
Develop program schedule and
secure instructors/volunteers
Q3 2026 (Depends on Heritage
House Remodel Completion) CS PRCEC, History Committee
Community
Services- 8 hrs
Engineering- 8 hrs 1
Regular participation from senior residents and
measurable engagement outcomes
Pilot at least one senior program or
activity at Heritage House
Q3 2026 (Depends on Heritage
House Remodel Completion) CS PRCEC, History Committee
Community
Services- 20 hrs
Engineering- 1
Enhanced use of Heritage House as a recreational
and community resource for older adults
Evaluate engagement,
participation trends, and program
effectiveness
Q3 2026 (Depends on Heritage
House Remodel Completion) CS PRCEC, History Committee
Community
Services- 10 hrs
Engineering- 10 hrs 1
MANDATED/BUDGET CC Project KEY PROJECTS/INITIATIVES
LEAD
DEPARTMENT
COMMITTEE
INVOLVEMENT
CS PRCEC, FIC
CS PREC
TASK NAME
Manage partnerships and contracts such as Little League and Westwind/VDE Serve as staff liaison to Town committees: Senior Commission, Youth Commission, Parks, Recreation & Community Events Committee Coordinate with internal departments including Public Works, Finance, and the City Manager’s Office Coordinate, manage, and implement Town events, programs, and community activities Prepare staff reports, agreements, resolutions, and supporting documentation Parks and Rec
STAFF INVOLVEMENT
Community Services
Community Building through Town-wide
Events and Activities
Renew Victoria Dye Equestrian Concession
Agreement
Community Services
Oversee vendor coordination, contract management, procurement, and invoicing Community Services
Develop, schedule, and support recreation programming and community services Community Services Community Services
Recruit, schedule, and oversee volunteers and Youth Commission members
BEYOND CAPACITY
KEY OUTCOME ESTIMATED STAFF HOURS
Establish senior-focused programs and
activities at Heritage House that support
engagement, learning, and social
connection.
Core Day-Day Operations (Running list)
Community Services- 40 hrs
Community Services- 10 hrs
Assess the potential addition of pickleball
courts at Purissima Park to support
expanded recreational amenities,
including evaluation of site feasibility,
design alternatives, and capital impacts
Completion of a feasibility study evaluating location, design options, and estimated costs Recommendation to Council on whether and how to proceed with concept development or capital planning Community Services
Community Services
Community Services
9
New Projects
LEGEND
Track program budgets, expenses, cost recovery, and revenue Collaborate with schools, nonprofits, and regional partners on joint programming and community initiatives Respond to resident inquiries and service requests
Oversee waitlists, refunds, transfers, and registration-related financial reconciliation Oversee facility operations, scheduling, and logistics for community spaces In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
Community Services
Community Services
Draft and distribute community communications, outreach materials, and marketing content Community Services
Community Services
Support Town-wide initiatives and interdepartmental projects as needed Community Services Manage all camp registrations, program registrations, and class enrollment through CivicRec/Rec1 Community Services Coordinate instructor contracts, class scheduling, and program logistics Community Services Community Services
Deferred to Committee
Added During February 4th Goal Setting Workshop
Community Services
Coordinate with Sheriff’s Office, Fire District, and other safety partners for event logistics and public safety planning Community Services Prepare Youth Commission agendas and materials, and take meeting minutes for PRCEC Community Services Maintain accurate program rosters and communicate updates to instructors and partners Community Services Track enrollment trends and adjust programming based on participation Community Services
Develop and update policies and procedures related to community services Community Services 10
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES KEY OUTCOME MILESTONES FOR 2026-27 LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
ESTIMATED
STAFF HOURS
Design 125
Construction 340
Evaluate and secure potential grants 80
Design 230
Construction 410
Signage and striping improvements at seven
(7) street curve sections 70
Implement other traffic calming and safety
measures 440
Hire a Traffic Consultant for Traffic Safety Plan 80
Finalize local roads (traffic) safety plan 230
Grant Application 90
Final Design 120
Construction 70
CIP Budget Approved Replacement of Road Signage Across the Town Meet State's relfective code requirements Sign replacement Public Works- Engineering 130 E&E Program 2026 40
E&E Program 2027 75
CIP Budget Approved
X
Los Altos Hills Community Fiber
Installation
Install Los Altos Hills Community Fiber
infrastructure near Town Hall on Fremont
Road, Stonebrook/Prospect/La Loma, and
Stonebrook to ARK.
Remaining work at the Fremont Road and
Stonebrook/Prospect/La Loma segments; and
final connection to ARK building
Public Works- Engineering
Tech Committee 50
Scoping for Phase 2 Rule 20A Project 200
Preliminary Design 100
Hire a design team 120
Concept Design for pre-fab building and site 180
CUP Planning Process 170
Select general contractor/prefab vendor 390
Construction 300
CIP Budget Approved; $20k
Removal of propane tank and additional
storage bin 25
CIP Budget Approved; $20k Second Automatic Gate 60
CIP Budget Approved; $20k Yard Pavement Overcoat 120
$100k EV Chargers 140
$200k Backup Power- solar with battery 100
Paddock Repair 80
Paddock Repair 80
CIP Budget Approved; $40k
Fence repair for Fields 1 and gate repairs at
Fields 3 and 4 35
$80k Parking Lot Maintenance 30
Design 90
Electrification of Town Hall & Council
Chambers 100
CIP Budget Approved; $100k Replace Chipper 15
$80k (SVCE Grant) Replace a light-duty truck w/ electric vehicle 0 $80k (SVCE Grant) Replace a light-duty truck w/ electric vehicle 35 Recommendation from Pathways Committee Public Works- Engineering 10 Install advisory signs Public Works- Maintenance 60
Design 70
Obtain encroachment permit from Santa
Clara County 50
Construct Phase 2 155
Survey Staking + Topographic Survey 0
Design 180
Construction 160
Environmental Initial Study 80
Master Path Plan Amendment 55
Design 130
CIP Budget Approved Construction 140
Middle Fork to Maple Leaf Court Pathway Construct Middle Fork to Maple Leaf Court Path Public Works- Engineering
PWC
CIP Budget Approved
Magdalena Avenue Pathway Project
Installation of 2,000 linear foot 2B Pathway
along Magdalena Avenue from Camino
Hermoso Drive.
Public Works- Engineering
PWC
CIP Budget Approved; Additional
Budget Required
Summerhill Avenue Pathway - Phase II Construct Summerhill Pathway, Phase II Public Works- Engineering PWC
$5,000 X
Bike Advisory Signages for Pathways Install bike advisory signs at specific pathways per Pathways Committee
PWC
Fleet & Equipment Procurement Replace old trucks and equipment per Town policies.
Public Works- Maintenance
EIC
$400k
HVAC Upgrade at Town Hall & Council
Chambers
Electrification of Town Hall and Council
Chambers Public Works - Engineering
EIC
Purissima Park Improvement Program Purissima Park Improvements Public Works- Maintenance CIP Budget Approved Westwind Community Barn Improvements Westwind Community Barn Improvement Public Works - Engineering Corporation Yard Improvements Corporation Yard Improvements Public WorksMaintenance/Engineering
CIP Budget Approved
X
Parks & Rec Center Renovation Replace with new pre-fabricated building Public Works- Engineering TBD X
Undergrounding Utilities - Rule 20A (Phase
2)
Utility Undergrounding with remaining Rule
20A (Phase 2) Public Works- Engineering Utility Undergrounding Subcommittee CIP Budget Approved
Measure B Bike/Ped Education &
Encouragement (E&E) Program
Programs to encourage and educate
alternative modes of transportation Public Works- Engineering $200k (80% grant funded)
Townwide Guardrail Upgrade Townwide Guardrail Upgrade (pending approval of HSIP federal grant) Public Works- Engineering Public Works
CIP Budget Approved
Annual Pavement Rehabilitation and
Drainage Improvement
FY 2026 Pavement Rehab and Drainage
Improvement Project
Public Works- Engineering FY 2027 Pavement Rehab and Drainage Improvement Project
$225k (80% grant funded)
Local Roads (Traffic) Safety Plan (LRSP) Traffic (Local Roads) Safety Plan Public Works- Engineering CIP Budget Approved
Road Safety and Traffic Calming Implement traffic and calming safety measures
Public Works- Engineering
11
CIP Budget Approved; $30k Staking of pathways 125
TBD X Altamont Road 365
TBD Fremont Road Path Reconstruction 200
Evaluate/update Pathway Standards &
Processes 190
$20k Update Sewer Construction Standards Update Sewer Construction Standards Update Sewer Construction Standards Public Works- Engineering 60 Design 120
Construction 240
Design 130
Construction 210
$90,000 Replace Control Panel Design/Procurement/Installation 30 $10,000
Install Backup power source for O'keefe
Sanitary Sewer Lift Station
(Multijurisdictional Hazard Mitigation Plan
Action Item)
Procurement/Installation of Backup Power
Generator 30
Septic Tank Guide Develop a septic tank guidelines for
developers Septic Tank Guide Public Works- Engineering 60 Hire sewer rate consultant 70
Sewer rate study 280
TBD
Consultant review of current charges and
recommendation on proposed 150
TBD Negotiations with Palo Alto and Los Altos 180
CIP Budget Approved 2026 Storm Draining Improvement Project 100 CIP Budget Approved 2027 Storm Draining Improvement Project 110 CIP Budget Approved Matadero Creek Erosion Project Maintenance & monitoring of mitigation measures Mitigation Measure - Monitoring
Public WorksEngineering/Maintenance 200
$25,000 (equipment/materials) +
$10,000 (staff overtime) X
Phase II Native Garden Install new (and renew existing) native plantings along with irrigation and rain
harvesting features
EDPC to specify native plantings, irrigation
system, and rain harvesting features for
Public Works Maintenance staff to install.
Staff involvement would need to be overtime
due to limited staff capacity.
Public WorksEngineering/Maintenance
EDPC 100 (overtime)
MANDATED/BUDGET CC PROJECT KEY PROJECTS/INITIATIVES LEAD DEPARTMENT
COMMITTEE
INVOLVEMENT
TBD X
Los Altos Hills Community Fiber
Installation (NEW-Post January 2026
addition)
Public Works- Engineering
Tech Committee
CIP Budget Approved Water Well at Purissima Park Public Works- Engineering Long-Term Plan for Pathways Public Works- Engineering PWC $100,000 to $200,000
Geotechnical Reivew of Page Mill Road
Corridor Public Works- Engineering
TBD Signage Plan for Evacuation Routes Public Works- Engineering EPRC TBD
New Program to Remove Banned
Eucalyptus Trees from Public Right-of-Way Public Works- Engineering Open Space and EPRC
TBD Update the Storm Drain Master Plan Public Works- Engineering Annual Water Board Report Engineering
Sewer System Operations and Maintenance PWD
Sewer Tax Roll Engineering
Storm System Operations and Maintenace PWD
Inspection of Encroachment Permits Engineering
Review and Inspection of Sewer Connection Applications Engineering Review and Inspection of Sewer Main Expansions Engineering Land Development Reviews Engineering
Land Development Projects (including Erosion Control Inspections) Engineering Review and Issue Encroachment Permits Engineering
Updated Storm Drain Master Plan / Update GIS records 150 hours Core Day-Day Operations (Running list)
TASK NAME STAFF INVOLVEMENT
Conduct geotechnical review of Page Mill Road to identify risks to roadways and determine improvements needed (Multijurisdictional Hazard Mitigation Plan Action Item) 100 hours Add signage to identify evacuation routes out of Town (Multijurisdictional Hazard Mitigation Plan Action Item) TBD pending scope
Create a program to encourage removal of banned eucalyptus trees and highly flammable and invasive treets from public right-of-way (Multijurisdictional Hazard Mitigation Plan Action Item) 100 hours
Expand Broadband coverage to entire community TBD pending scope Water Well at Purissima Park 150 hours
Develop long-term plan for pathways construction 100 hours Storm Drain Improvements Storm Drain Improvements to prevent failures Public Works- Engineering
BEYOND CAPACITY
KEY OUTCOME
ESTIMATED
STAFF HOURS
X
Sewer Processing and Conveyance Charge
Negotiations with Palo Alto and Los Altos
Sewer Treatment and Conveyance Charge
Negotiations Public Works - Engineering Sewer Ad Hoc
O'Keefe Sanitary Sewer Lift Station
Upgrade Public Works- Engineering
$80K
Sewer Rate Study Sewer rate study Public Works- Engineering FIC
$900,000 2027 Sewer CIP Public Works- Engineering
CIP Budget Approved; $900,000 Sewer Rehabilitation and Repair 2026 Sewer CIP Public Works- Engineering
Miscellaneous Pathways Construction of other priority MPP pathways and miscellaneous pathway projects.
Public WorksEngineering/Maintenance
PWC
12
LEGEND
In Progress/Carry-Over From Previous Workplan
Listed By Committee as a Goal/Project
New Projects
Public Works Staff Meetings PWD
Special Events PWD
Administrative Tasks (fiscal budgets, Work Plans, HR related, Training, Emergency Prep, etc.) PWD Support Committees Engineering
Support City Council (including staff reports) Engineering Coordination with Utilities PWD
Tree Survey and Notifications Engineering
Tree Removal Maintenance
City Manager Weekly Reports PWD
Responding and Addressing Resident Requests and Questions PWD Processing Work Orders Maintenance
Vegetation Management/Weed Abatement/Brushing Maintenance Parks Maintenance Maintenance
Open Space Maintenance Maintenance
Pathways Maintenance Maintenance
Signage Maintenance Maintenance
Facility Maintenance Maintenance
Fleet & Equipment Maintenance Maintenance
Transportation Reporting - Measure B LSR, E&E, SB-1, TDA3, P-TAP, TFCA, CMP, other Engineering Pavement Maintenance Maintenance
Deferred to Committee
Added During February 4th Goal Setting Workshop
13
1 CONCESSION AGREEMENT FOR OPERATION OF THE WESTWIND COMMUNITY BARN
OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN THE TOWN OF LOS ALTOS HILLS AND
VICTORIA DYE EQUESTRIAN, LLC
DATED: JULY 1, 2026
2 TABLE OF CONTENTS
Page No.
1. Grant of Concession 3
2. Concessionaire Operating Responsibilities 4
3. Access to the Public 7
4. Facility Maintenance 8
5. Sanitation 9
6. Facility Improvements 10
7. Ownership of Facility 11
8. Fees and Charges 11
9. Books, Records, Reports and Audit 11
10. Collection of Fees and Charges Past Due 12
11. Concession Fees 12
12. Agreement Enforcement 13
13. Compliance with Laws 13
14. Town Events 14
15. Possessory Interest Tax 14
16. Indemnification 14
17. Insurance 16
18. Assignment 17
19. Waiver of Defaults 17
20. Relationship of Parties 17
21. Term of Agreement 18
22. Attorney's Fees 19
23. Force Majeure 19
24. Independent Contractor 19
25. Transition of Stable to Concessionaire 20
26. Successors in Interest 20
27 Notices 20
28. Exhibits Incorporated by Reference 21
29. Governing Law, Jurisdiction, Venue 21
30. Entire Agreement 21
3 CONCESSION AGREEMENT FOR OPERATION OF THE WESTWIND COMMUNITY
BARNOWNED BY THE TOWN OF LOS ALTOS HILLS
THIS CONCESSION AGREEMENT ("Agreement") is made and entered into by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town") and Victoria Dye Equestrian, a California Limited Liability Company ("Concessionaire"). (Town and Concessionaire are each a "Party" and are collectively the "Parties.")
RECITALS
A. The Town owns a 15-acre property located at 27210 Altamont Road, Los Altos Hills known as the Westwind Community Barn upon which are buildings and other improvements intended for the private boarding of horses, the instruction and training of riders and their horses, promoting the community aspects of the Facility including the Westwind Riding Institute (WRI) Program, the Interscholastic Equestrian Association (IEA), public recreation and special events. This real property and all buildings and improvements shall be collectively referred to in this Agreement as the "Stable Facility" or "Facility";
B. Concessionaire has cost effectively maintained and safely operated the Stable Facility for 12 years . Concessionaire shall manage the Facility use schedule in such a manner to minimize conflict and foster a socially vibrant and healthy learning environment for all Facility users pursuant to a concession agreement;
C. The Town's overall vision of operating principles for Westwind Community Barn is further described in Exhibit "H";
D. The Parties therefore desire to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the Parties hereby covenant, promise and agree as follows:
1. Grant of Concession
A. As of July 1, 2026, (the "Effective Date"), the Town grants to Concessionaire a concession at the Stable Facility for the limited purpose of maintaining and operating the Stable Facility as further described in the attached Exhibit “A” and in conformance with all requirements of this Agreement. Concessionaire shall devote the greater part of its working time and attention to the operation of the Concession and shall promote, increase and continue to develop the business. Victoria Dye Equestrian, LLC shall assign Victoria Dye to manage the Facility during the days and hours of operation of the Concession.
B. Concessionaire shall maintain payment and utilities costs for Facility including electric, water, telephone, and internet, except that the Town shall reimburse 50% of the water utility cost upon submittal of invoice and utility payment receipt. The Town also agrees to continue to pay utility service cost for sewer service, conduct annual and monthly fire inspections, maintain smoke detectors and extinguishers, and be responsible for trash and manure pickup.
4 2. Concessionaire Operating Responsibilities
A. Concessionaire shall at all times during the term of this Agreement provide sufficient material, supplies, equipment, and labor to accomplish required programs and services on the Facility and be responsible for performing duties and responsibilities which include the following:
I. Concessionaire shall use the premises solely for the boarding and care of horses and related services including the training and instruction of riders and horses. The Facility is not permitted or warranted for overnight human habitation.
II. Concessionaire shall maintain a maintenance and operations plan that demonstrates how the Concessionaire will maintain and operate the Facility. The plan should include schedules, procedures and documentation methods for all of the maintenance, housekeeping, sanitation and safety programs and tasks that are necessary to operate the Facility in accordance with applicable rules and regulations.
III. Three (3) times a year, Concessionaire shall provide job-related safety and risk management training to employees by a certified vendor.
IV. Concessionaire shall ensure that all instructors and applicable personnel maintain current safety training consistent with industry standards. At a minimum, Concessionaire represents that its staff are certified in SafeSport training as required by the United States Equestrian Federation (USEF). In addition, pursuant to participation requirements under the Interscholastic Equestrian Association (IEA), Concessionaire represents that its staff have completed concussion awareness training.
V. Concessionaire shall require that any non-boarder horses brought onto the Facility provide proof of current vaccinations, as applicable; however, proof of vaccination shall not be required for horses merely passing through the Facility on designated trails without participating in Facility programming or events. All individuals utilizing the Facility, including riders and program participants, shall be required to execute a liability waiver approved as to form by the Town. Concessionaire shall monitor and manage outside horse usage, which is limited in frequency and generally associated with scheduled events or incidental trail use
VI. Concessionaire shall inform the Town of any and all services, programs and activities that the Concessionaire shall offer; the Town reserves the right to approve any or all services, programs, and activities offered on the premises by the Concessionaire. If a service or program is expressly disapproved by the Town, Concessionaire shall immediately suspend operations associated with the identified service or program VII. Concessionaire shall understand and comply with all applicable laws, rules, regulations and guidelines in the care of horses. Concessionaire shall manage the Facility in a responsible and safe manner consistent
5 with the terms of this Agreement, applicable equine industry best management practices and previously established Westwind Community Barn manager duties as further described in Exhibit "G".
VIII. Concessionaire shall maintain a written Medical Emergency Plan (MEP) to address immediate medical care needs of individual riders and horses in the event of a medical emergency.
IX. VIII.Concessionaire shall maintain an Emergency Evacuation Plan (EEP) for immediate evacuation of any or all boarded horses in the event of an emergency. Concessionaire shall participate and make Facility available for large animal rescue and training exercises X. Concessionaire shall comply with the State of California Cal-OSHA regulations, including Section 3203 of Title 8 of the California Code of Regulations which requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
XI. Concessionaire shall undertake background and security investigations of each of Concessionaire's staff as a condition of beginning and continuing work under any resulting Contract, the cost of which is the sole responsibility of the Concessionaire.
XII. Concessionaire shall undertake all aspects of financial management and record keeping, including billing for services, programs and payments to vendors/trainers.
XIII. Concessionaire shall be responsible for ensuring the safety of the public and Facility users while on the Facility and shall consistently apply and enforce all rules, regulations, policies and equestrian best management practices.
XIV. Concessionaire shall be responsible for all use of space and assignment of resources for the Facility. Concessionaire shall prohibit the storage or placement of trunks, tacks, and other supplies in Barn aisle ways.
XV. Concessionaire shall manage the number of horses and no more than ten (10) shall be pastured in Byrne Preserve. Concessionaire may pasture up to eight (8) school horses in Byrne Preserve and have use of the Facility without charge for Facility land use. School horses must have a calm temperament due to the many other users of the Preserve.
XVI. Concessionaire shall reasonably accommodate public community programs such as Westwind Riding Institute ("WRI"), and will provide WRI with upper arena usage Monday and Thursday from 4-5 pm.
XVII. WRI and Concessionaire shall have a boarding agreement, subject to approval as to form by the City Attorney, which shall specify the terms
6 and conditions of that WRI's use of the Stable Facility. Such agreement shall provide a clause whereby WRI and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire. The WRI facility use and maintenance agreement between WRI and the Town is outlined in Exhibit "F."
XVIII. Concessionaire shall publish and maintain a current schedule of fees and charges for all services provided by the Concessionaire at the Facility.
XIX. Concessionaire shall provide existing and future instructional riding programs offered to the public as further described in Exhibit "B". The Concessionaire shall work with the Town to ensure that riding programs requested by the Town shall meet the scope and quality established by the Town for such programs.
XX. Concessionaire shall publish arena time allocations on a weekly basis and seek input from Facility users in order to resolve potential conflict. Special events will be communicated to Facility users with adequate notice.
XXI. Concessionaire shall be able to recognize if a horse is in distress and shall take the appropriate steps to safeguard the health and safety of the animal.
XXII. The Concessionaire shall be responsible for communicating to the Town any maintenance needs for fencing in Byrne Preserve and maintaining watering troughs in the Byrne Preserve. The Town shall be responsible for maintaining fire breaks, paths, gates, fence, trails, trees and other plant life and the general stewardship of the preserve.
XXIII. As soon as possible, but not to exceed twenty-four (24) hours, Concessionaire must notify the Town of any incident involving threat to public safety or major injury, significant injury that requires medical response/hospitalization, fatality to Facility workers or Facility users, or damage to public property. Concessionaire shall transmit an incident report to the Town on a Town approved Incident Report form.
B. Concessionaire agrees to post at conspicuous locations about the Facility notices giving the name, address, and telephone number of the superintendent responsible for the premises. Concessionaire agrees to allow the Town to maintain the Sheriff's office at the current location in the Facility solely for the occupancy and benefit of law enforcement personnel at no charge to the Town. The Town agrees to maintain the existing un-monitored digital video
7 recording surveillance system of the Stable Facility 24 hours, seven days a week and provide system access to Concessionaire. The Town agrees that Concessionaire is not required to maintain 24-hour on-site supervision of the Facility.
C. Concessionaire shall have a Town-approved written agreement with each Facility user and trainer who utilizes the Facility. The agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that trainer's use of the Stable Facility. Such agreement shall provide a clause whereby the trainer and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff, and Council Members for any and all losses associated with boarding, lessons, riding or any other activity on the Facility while under control of Concessionaire. Trainer agreement shall include a description of how the trainer is to be compensated and what programs and services the trainer is required or permitted to provide. Any fees which may be charged by a trainer for any program or service at the Facility shall be specified in the written agreement. Concessionaire shall provide the Town with a copy of Facility user and trainer's signed agreement prior to allowing user or trainer to use the Facility and shall further provide the Town with a copy of any amendment to any such signed agreement within two (2) days after the execution of such amendment.
D. Concessionaire shall have a Town-approved written boarding agreement with each boarder who utilizes the Facility. The boarding agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that boarder's use of the Stable Facility. Such agreement shall provide a clause whereby the Boarder and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire E. Concessionaire shall maintain a written process to resolve disputes with boarders or other persons utilizing the Stable Facility. A written copy of such process shall be posted on the Facility in a place accessible to the public, shall be provided to each boarder at the time of execution of each boarding agreement, and shall be filed with the Town
3. Access to the Public
A. Programs and services provided by Concessionaire shall be made available to the public on a first-come, first-served basis, provided, however, Town residents shall have priority at all times over persons who are non-residents of the Town in all programs and services offered at the Facility. Separate waitlists for residents and non-residents, containing the date and time of entrance on the list, shall be established for each program or service for which demand exceeds supply. A copy of each such list shall be provided to the Town on an as needed basis
8 B. The Facility shall be operated by Concessionaire under the name "Westwind Community Barn." The Facility shall be open to the public no earlier than one-half hour before sunrise and not later than one-half hour after sunset, seven days a week pursuant to Section 12-1.03 of the Los Altos Hills Municipal Code. The right of the public to free physical access to the Facility shall be maintained during posted hours of operation and in no event shall the Facility be fenced and gated so as to prohibit such access during hours of operation, provided, however, that Concessionaire may implement such security measures as deemed appropriate to assure the health, welfare, and safety of persons utilizing the Facility and the horses boarded on the Facility. Concessionaire shall reasonably secure Facility nightly at the close of operating hours to assure the health, welfare, and safety of the horses boarded on the Facility.
4. Facility Maintenance
A. Except for the WRI premises or as otherwise stipulated in this Agreement, Concessionaire shall at all times be responsible for routine maintenance and minor repairs to the Stable Facility in a condition satisfactory to the City Manager or designee. Routine maintenance and minor repairs are activities undertaken to keep the Facility in good order and operating repair and safety, including but not limited to, regular preventative maintenance and incidental repairs arising from normal wear and tear from the use of the Facility.
Concessionaire shall in a timely fashion provide written notice to the City Manager or designee of any major repairs needed and the Town shall make such repairs in a timely fashion. In an emergency, including after hours, Concessionaire shall immediately contact 911 and Town public works emergency staff, in that order.
B. The Town and Concessionaire shall meet twice annually to perform maintenance walkthroughs to inspect and identify needed repairs C. The Town will contract drain flushing and tree maintenance annually.
Concessionaire shall work with the Town to schedule the Town to off-load bedding as needed. Concessionaire shall work with the Town to schedule the Town to remove manure from the feeding pasture four (4) times a year. The Town shall provide maintenance support for ten (10) hours monthly or one hundred and twenty (120) hours annually for items not specifically listed in the agreement. The Town reserves the right to charge Concessionaire for additional services requested by Concessionaire beyond the allotted 120 hours.
D. Concessionaire shall provide the Town with a detailed description of all signage it proposes to utilize at any location on the Facility to advertise programs or services. Such signage shall not be installed without the prior written permission of the City Manager or designee.
E. The Town shall establish and maintain a dedicated Capital Improvement Program (“CIP”) for the Westwind Community Barn, subject to review by the
9 Finance and Investment Committee (“FIC”), in coordination with the Concessionaire. Consistent with FIC’s recommendation, the CIP shall be funded at an annual amount determined by the City Manager or designee (anticipated range of $50,000–$100,000), with a minimum annual allocation sufficient to support routine and long-term capital needs, including an estimated $40,000–$45,000 per year to address the four-year maintenance cycle for the Lower Arena, Upper Arena, and Round Pen.
F. The Town shall adopt and maintain a formal replacement and maintenance policy for Barn facilities to ensure assets are proactively repaired and replaced and that deferred maintenance does not occur. The Town retains sole responsibility for major capital repairs and replacements of the Stable Facility and related infrastructure. In the event the Stable Facility, or any portion thereof, is damaged or destroyed by storm, wildfire, earthquake, or other Act of God or terrorism, the Concessionaire shall not be responsible for repair or replacement. The Town may, in its sole discretion, elect to repair or rebuild the Facility or terminate this Agreement without further liability to the Concessionaire. If the Town elects not to repair or rebuild following substantial destruction, the Town shall pay the Concessionaire a one-time relocation fee of $15,000 within thirty (30) days of such determination.
G. Concessionaire shall not cause any mechanic's or materialmen's liens to be placed upon the Facility.
H. Notwithstanding any other provision of this Agreement to the contrary, Concessionaire shall operate and maintain the Facility, and every part thereof, in compliance with the conditions, restrictions, and reservations by which the Town has authority to utilize the Facility and in compliance with all rules and regulations and any amendments thereto promulgated by the Town, County of Santa Clara, and/or State of California.
I. The Town agrees to repair and maintain Facility landscaping, irrigation, parking, and driveway areas.
5. Sanitation
A. Concessionaire shall allow no offensive matter, litter or refuse, or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, to remain on the Facility. Concessionaire shall prevent the storage of clutter, junk or excess equipment, vehicles, and materials anywhere on the Facility. Concessionaire shall ensure that Facility appearance is neat and orderly at all times and prevent the accumulation of trash, debris and manure anywhere on the Facility and shall make all reasonable efforts to ensure that trash generated on-site is not blown or otherwise allowed to leave the Facility except in a proper disposal container.
Concessionaire shall promptly notify the Town of any waste receptacles
10 needed at the Facility.
B. Concessionaire shall clean all stalls, corrals and paddocks on a daily basis, removing all manure and replacing wet bedding material. Collected manure shall be stored in accordance with Facility conditional use permit requirements (Exhibit "D") and Health Department regulations and removed from the Facility no less than once per week. Concessionaire shall inspect and clean public restroom at Facility daily. The Town will provide and pay for professional janitorial services for the public restroom and kitchen once weekly.
C. Concessionaire shall actively suppress and control the accumulation and breeding of flies and offensive odors resulting from accumulation of manure and urine in stalls, corrals, paddocks, pasture and uncovered manure bins. This will be done utilizing industry accepted methods intended to minimize health hazard to humans or the surrounding natural environment. This shall be an ongoing program for the duration of the Agreement.
D. Concessionaire shall notify the Town within 24 hours if the Town's trash, recycling and manure collector (GreenWaste Recovery, Inc.) fails to make a regularly scheduled collection of either trash, recyclables or compostables including manure.
E. Concessionaire shall control for all pest populations which may adversely affect the Facility. Known pests at the Facility include gophers, ground squirrels, flies yellow jackets and rats. Concessionaire shall employ pest control methods which poses no health hazard to humans, and minimizes negatively affect the surrounding natural environment including watercourses and wildlife. This shall be an ongoing program for the duration of the Agreement.
6. Facility Improvements
A. Concessionaire must obtain the approval of the City Council or City Manager, depending on the scope, prior to undertaking any improvements to the Facility that involve more than day-to-day maintenance.
B. The Town may, in its sole and absolute discretion, make improvements to the Facility. The Town shall retain the right to enter the Facility for purposes of construction/demolition of any improvement upon reasonable notice to the Concessionaire (e.g., 24 hours’ advance written notice) and will make reasonable efforts to minimize disruption to Concessionaire's business operation. Improvements which cannot be completed in less than one month's time shall be coordinated with Concessionaire so as to find a minimally disruptive period of use of the Facility.
C. By execution of this Agreement, Concessionaire waives all claims for damages incurred due to business disruption which may be attributable to the construction of new site improvements, demolition, or reconstruction of