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SPECIAL MEETING AGENDA
Remote Meeting Covid-19 Advisory: On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021. The bill extends the teleconference procedures authorized in Executive Order N-29-20, which expired on September 30, 2021, during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill. Portola Valley Town Council and commission and committee public meetings are being conducted electronically to prevent imminent risks to the health or safety of attendees. The meeting is not available for in-person attendance. Members of the public may attend the meeting by video or phone linked in this agenda.
Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please send an email to [email protected] by 3:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission or Committee members for consideration during the meeting and will be included in the public record. Additionally, the public body will take questions using the Q&A button for those who attend the meeting online or by phone. Finally, if you call in, you may provide comments by pressing *9 on your phone to "raise your hand" and *6 to mute/unmute yourself.
The meeting Chair will call on people to speak by the phone number that is calling in.
We encourage anyone who has the ability to join the meeting online to do so. You will have access to any presentations that will be shown on your screen and can easily ask questions using the “raise your hand” feature when the Chair calls for them.
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7:00 PM - CALL TO ORDER AND ROLL CALL
Councilmember Derwin, Councilmember Aalfs, Councilmember Richards, Vice Mayor Wernikoff, and Mayor Hughes
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items, not on the agenda.
Speakers' time is limited to three minutes.
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, February 9, 2022
THIS SPECIAL MEETING IS BEING HELD VIA
VIDEOCONFERENCE ONLY
Agenda - Town Council Meeting
February 9, 2022
1. WELCOME – Reverend Jeff Munnis, Ladera Community Church (4)
CONSENT AGENDA
The following items are voted on at once by the body, unless a member of the body requests an item be considered separately. Members of the public are permitted to comment on any item on the consent calendar before the body votes on the consent agenda.
2. Approval of Minutes – Action and Detailed Summary Minutes for January 26, 2022 (5)
3. Approval of Warrant List – February 9, 2022 (38)
4. Appointment by Mayor – Member to the Nature & Science Committee (45)
5. Recommendation by Assistant Town Manager – Adoption of a Resolution Authorizing a Three-Year (46) Agreement with Tyler Technologies, Inc. for the Software as a Services Version of their EnerGov/Enterprise Permitting and Licensing Program
(a) A Resolution of the Town Council of the Town of Portola Valley Authorizing the Town Manager to Execute a Three-Year Agreement with Tyler Technologies, Inc. for the Use and Implementation of their Energov/Enterprise Permitting and Licensing Software (Resolution No. __)
6. Recommendation by Town Manager – COVID Vacation Accrual Policy (85)
7. Proclamation Declaring February 2022 as Black History Month (88)
8. Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and (90) Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. __)
9. Recommendation from Housing Element Committee - Housing Element Community Survey (94)
REGULAR AGENDA
10. STUDY SESSION – Fiscal Year 2022-23 Council Priorities Study Session (98)
11. Recommendation by Town Manager – COVID Business Assistance Grant (CBAG) Program Update (116)
12. Colleagues memo from Mayor Hughes – Revisit the Committee Handbook Policies on Harassment (122)
13. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS (124) Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives. There are no written materials and the Town Council does not take action under this agenda item.
14. TOWN MANAGER REPORT (125)
WRITTEN COMMUNICATIONS
15. Town Council Digest – January 27, 2022 (126)
16. Town Council Digest – February 3, 2022 (138)
ADJOURNMENT
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. In accordance with SB343, Town Council agenda materials released less than 72 hours prior to the meeting, are available to the public at Town Hall, 765 Portola Road, Portola Valley, CA 94028.
SUBMITTAL OF AGENDA ITEMS
The deadline for submittal of agenda items is 12:00 Noon WEDNESDAY of the week prior to the meeting. By law no action can be taken on matters not listed on the printed agenda unless the Town Council determines that emergency action is required.
Non-emergency matters brought up by the public under Communications may be referred to the administrative staff for appropriate action.
Agenda - Town Council Meeting
February 9, 2022
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
#1
There are no written materials for this item
______________________________________________________________________________________
MINUTES
WEDNESDAY, JANUARY 26, 2022, 7:00 P.M.
26Remote Meeting Covid-19 Advisory: On March 17, 2020, the Governor of California issued Executive Order N-29-20, suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the statewide Shelter-In-Place Order issued by the Governor in Executive Order N-33-20 on March 19, 2020, and the CDC's social distancing guidelines that discourage large public gatherings, Portola Valley Town Council meetings are conducted electronically via ZOOM.
Convene Special Meeting
Mayor Hughes called the meeting to order at 7:00 P.M.
Roll Call
Present: Councilmembers Aalfs, Derwin, Richards, Vice Mayor Wernikoff, and Mayor Hughes
Open Communications
The following members of the public addressed the Town Council:
• Rita Comes
• Mary Hufty
• Bonnie Crater
• Kim Marinucci
• Dale Pfau
• Ed Holland
• Catherine Magill
• Scott Elrod
• Patty Dewes
• Nan Shostak
• Gary Hanning
• Robert Younge
• Bob Turcott
• Ronald Eastman
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, January 26 , 2022
THIS SPECIAL MEETING WAS HELD VIA
VIDEOCONFERENCE ONLY
TOWN OF PORTOLA VALLEY
ACTION MINUTES
• Rusty Day
• David Cardinal
• Karen Askey
• Ellen Vernazza
• Bruce Roberts
• Jane Wilson
• Rob Jack
• Bob Adams
• Caroline Vertongen
• Angela Hey
• Kristi Corley
Presentation
1. Welcome – Reverend Beth Phillips, Christ Church
The Council hosted Mother Beth Phillips, Rector of Christ Church Portola Valley, who called for continued dialogue between residents
Consent Agenda
2. Approval of Minutes – Action and Detailed Summary Minutes for January 12, 2022
3. Approval of Warrant List – January 26, 2022
4. Appointment by Mayor – Commissions and Committees Membership Appointments for 2022
5. Appointment by Mayor – Member to the Wildfire Preparedness Committee
6. Appointment by Mayor – Member to the Emergency Preparedness Committee
7. Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meeting Remotely. (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2876-2022)
Motion
Vice Mayor Wernikoff moved and Councilmember Aalfs seconded a motion to approved the Consent Agenda. The motion passed unanimously.
Regular Agenda
8. Presentation - Brian Weber, District Manager to San Mateo County Mosquito and Vector Control District
Mr. Weber gave a presentation on the District’s variety of free services for residents to safeguard the health and safety of San Mateo County residents. Ray Williams, the Town’s trustee to the District Board, was recognized for his service and attendance at the meeting.
9. Annual Council/Committee and Commission Workshop
The Council held a study session with Town committees on their recommended programs and projects for the next fiscal year’s budget. This meeting is the official kickoff of development of the FY 2022-23 budget.
10. Recommendation by Town Manager – Resolution Adopting Volume 1 and Introduction, Chapter 15 (Town of Portola Valley Jurisdictional Annex) and the Appendices of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan.
(a) A Resolution of the Town Council of the Town of Portola Valley Adopting Volume 1 and Introduction, Chapter 15 (Town of Portola Valley Jurisdictional Annex) and the Appendices of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan (Resolution No. 2877-2022)
MOTION
Councilmember Derwin moved to adopt the Resolution adopting Volume 1 and Chapter 15 of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan. Seconded by Councilmember Richards, the motion carried, 5-0, by roll call vote.
11. Colleagues Memo – Transparency and Communications
Vice Mayor Wernikoff presented an extensive list of the ways community members can stay informed and participate on a variety of news, events, and projects underway in Portola Valley.
12. Council Liaison Committee and Regional Agencies Report All five Council members provided reports on the last two week’s regional meetings, local committee meetings, subcommittee meetings, and other items of note.
13. Town Manager Report
The Town Manager provided his regular report.
Written Communications
The Council reviewed written communications for the body over the last two weeks.
Adjournment
The meeting was adjourned at 11:14 P.M.
1 PORTOLA VALLEY TOWN COUNCIL SPECIAL MEETING NO. xxx, January 26, 2022
CALL TO ORDER AND ROLL CALL
Mayor Derwin called the Town Council’s Special Teleconference-only meeting to order at 7:00 p.m. Ms.
Hanlon called the roll.
Present: Councilmembers Jeff Aalfs, Maryann Derwin, and John Richards; Vice Mayor Sarah Wernikoff; and Mayor Craig Hughes
Absent: None
Others: Jeremy Dennis, Town Manager
Cara Silver, Town Attorney
Laura Russell, Planning & Building Director
Sharon Hanlon, Town Clerk
Attendees: Rita Comes
Mary Hufty
Bonnie Crater
Kim Marinucci
Dale Pfau
Ed Holland
Catherine Magill
Scott Elrod
Patty Dewes
Nan Shostak
Gary Hanning
Robert Younge
Bob Turcott
Ronald Eastman
Rusty Day
David Cardinal
Karen Askey
Ellen Vernazza
Bruce Roberts
Jane Wilson
Rob Jack
Bob Adams
Caroline Vertongen
Angela Hey
Kristi Corley
OPEN COMMUNICATIONS
Rita Comes thanked the Council for posting the number of people in attendance. She said people are still having problems with their landlines, including her own, and she wondered if the Town can do anything in follow-up, or if there was someone they could speak with about it, other than AT&T, who has not resolved the problem.
Nan Shostak thanked the Councilmembers for their time in volunteering for the Town. She commented as a member of the Geologic Safety Committee regarding the Town’s Evacuation Plan. The Committee has not been contacted about evacuation after a damaging local earthquake or evacuation for a wildfire following an earthquake. She said according to the County’s new Draft Local Hazard Mitigation Plan, Portola Valley faces damaging seismic hazard from two earthquake faults – San Andres and the Monte
SUMMARY MINUTES
2 Vista, which runs along Arastradero Road up to Alpine Road and possibly across it to the Portola Valley side. If either should rupture one or two evacuation routes would be cut off. A fire often breaks out after an earthquake, making the situation far worse. Secondly, the Safety Element of the General Plan under revision soon includes a portion concerning seismic safety. Mr. Shostak said the current seismic section is 12 years old and needs updating to include new information. The advice and expertise of the Geologic Safety Committee should be reflected in both the Evacuation Plan and the Safety Element, with the Committee involved. She requested a meeting as soon as possible between Committee members and the staff and consultants working on these projects.
Hearing no further public comments, Mayor Hughes closed Open Communications (1) Welcome – Reverend Beth Phillips, Christ Church
Town Manager Dennis introduced Mother Beth as “one of the most wonderful people in the world,” and he thanked her for coming to the meeting.
Reverend Beth Phillips, Episcopal priest, said she is literally next door where the Carillon Bells are. She shared that her father is a practicing Buddhist, her mother a lapsed Catholic, her best friend Jewish, her husband Lutheran, her next door neighbor on one side is a Muslim and on the other side is Hindu. She feels that her dog is agnostic. Coming from such a diverse background, she realized that in the Portola Valley larger community there is even more diversity. Different faith traditions, or no faith traditions at all are present, but the one thing all have in common is a desire to see generations, their children and their children’s children, thrive, and the decisions made together in community have an impact on that. She said she wasn’t sure about praying at a public meeting but thought they could at least hold together some common intentions as an invocation. Praying in the name of a good and gracious God, or the divine, she said it all really goes back to the source of all love. In the name of Love, and love of neighbors, she made the following intention:
“Let us meet together. Let us talk together. May our minds have common understanding. May our actions bear fruit together. May we share our thoughts and intentions. May we have common aspirations and may there be harmony among us. Amen.”
Mayor Hughes thanked Reverend Phillips and expressed appreciation to members of the faith community for coming to remind them of why they are here, sharing the same goals.
CONSENT AGENDA
(2) Approval of Minutes – Action and Detailed Summary Minutes for January 12, 2022 (3) Approval of Warrant List – January 26, 2022
(4) Appointment by Mayor – Commissions and Committees Membership Appointments for 2022 (5) Appointment by Mayor – Member to the Wildfire Preparedness Committee (6) Appointment by Mayor – Member to the Emergency Preparedness Committee (7) Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meeting Remotely. (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2876-2022)
Mayor Hughes invited public comments regarding The Consent Agenda.
3 Councilmember Derwin moved to adopt the Consent Agenda. Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote.
REGULAR AGENDA
(8) Presentation – Brian Weber, District Manager to San Mateo County Mosquito and Vector Control District
Town Manager Dennis introduced Mr. Weber and Ray Williams, Board Trustee. Town Manager Dennis shared that he has worked in many communities throughout his career and has never enjoyed a relationship with a special district the way he does in his regular meetings with Ray, who, along with Brian, helped lead an organization that is one that is rarely thought of except when something has gone wrong, because usually it is going very right. He commended both men on their leadership, their desire to be communicative and collaborative with the Town, promoting activities within the community and the county. He noted that Brian is the brother of Portola Valley’s own Scott Weber.
Mr. Weber shared that the District has been serving public health since 1916. He related a brief history, stating that they are one of the oldest mosquito control agencies in the United States. Much of their origins had to do with people wanting to develop the Peninsula. With San Francisco’s expansion individuals reached out to an entomologist at the University of California Berkley to ask how to get rid of the mosquitos. He related some quotations from 1904 including, “We captured in five minutes a pintful of mosquitos.” A quote from 1912 said, “Mosquitos were so thick that life was unbearable,” this coming from the Peninsula Hotel in San Mateo. He said they live on the Bay side which was primarily marsh at that time. The marshes would hold standing water, especially at high tide. In the winter, the marsh would breed mosquitos that could fly up to 20 miles, and thus wreaked havoc on the Peninsula communities.
Currently, the District is an independent special district funded by property taxes and special assessments. Their 21-member board includes representatives from every city and one from the County at large. Their mission statement is “to safeguard the health and comfort of the citizens of San Mateo County through a planned program to monitor and reduce mosquitos and other vectors.” Their equipment includes an airboat which traverses the Bay at low tide when they search out mosquitos at Don Edwards Wildlife Refuge.
Mr. Weber explained that the majority of funding for the District services is through property taxes. He pointed out the original “Old District,” on the Bay side. Much of the work there focused on the salt marshes, and over time it expanded. About 20 years ago, as West Nile Virus was moving from the East to the West, it was determined that they would protect the remaining citizens with a proactive mosquito control program, which was voted in by the citizens. Ad valorem and the special mosquito control taxes are other sources of funding.
The District provides various services, including primarily mosquito control. The agency has over 10,000 mosquito sites mapped on a GIS mapping database, so that staff can proactively seek out sources of mosquitos and use biorational materials or integrated pest management to eliminate mosquitos from the standing water. Mosquitofish are the only proven biological species that can control mosquito larvae, and the staff distributes these into abandoned swimming pools, ornamental ponds, anything that cannot lead to a natural waterway. These fish control larvae because they really just eat anything. Mosquitofish are bred at one of the District facilities and kept in a holding tank. The District distributes 20 to 30 pounds of the fish per year.
Insect and tick ID is another service the District provides in which a resident can call and report an insect or a bite. Residents can also visit the District headquarters in Burlingame where the laboratory will identify the insect. If it is an insect of public health importance, they will also either offer a follow-up inspection of the home or give advice, if it is not a public health concern, on what may be causing the insect to enter the home. The District also does some municipal control work for rodent inspections in a few select cities.
Rodent inspections are primarily conducted when a homeowner calls. The technician traditionally will do the inspection with the homeowner and a full inspection of the property to determine what could be
4 attracting the rodents, how they are entering the home and how to permanently resolve the problem.
Another of the primary services used by Portola Valley residents is yellow jacket and wasp control. If the resident can identify where the nest is located, the staff will either dig up the nest or use another control method.
Mr. Weber explained that disease surveillance is the first step in integrated pest management. The District staff sets thousands of mosquito traps per year using dry ice in a container. The trap emits CO2, collects mosquitos in a net, and based on what kind, how many and the location, staff uses the information to determine if or where they need to act next.
Mr. Weber pointed out one of the most important tools of integrated pest management, which is community education. The staff goes to farmer’s markets, city council meetings, San Mateo County Fair, schools to teach about vector-borne diseases. The District also has a full functioning laboratory, where staff collects and tests birds and mosquitos for West Nile virus. They also do “tick flagging” which involves dragging a flag along trails, picking off the tics and bringing them back to the laboratory to be tested for Lyme disease. Usually n San Mateo, depending on the location, they see no more than three percent of ticks having Lyme disease; however, in the majority of tick populations they find Lyme disease is less than one percent.
Mr. Weber shared that the District is testing well over 3,000 batches of mosquitos in traps containing 100 or more mosquitos. Over the past two years there have been low results for West Nile virus, and none in Portola Valley recently. Tick dragging has been done in Portola Valley including outreach at schools with children playing outdoors where the forest meets the play area. Portola Valley receives much of their tick sampling because of the type of community and its interaction with trails and forests.
Mr. Weber said that while Portola Valley makes up less than one percent of the population in the County, the calls coming in from Portola Valley make up six percent of their calls, indicating that the community is well-educated about their services and also that the services are needed. Portola Valley residents made 159 calls to the District in 2021, with 94 of them being for yellowjackets. Sources of mosquitos in Portola Valley include 312 known water sources. These are sources that have historically bred mosquitos – anything from a backyard fountain to a large, flooded field and creek. Roadside ditches and abandoned swimming pools are also included. The nearly 1,000 known source sites are inspected roughly three times per year, resulting in larvicide applications which are products not harmful to other invertebrates in the water.
Mr. Weber shared the map of Portola Valley showing the mosquito sources distributed throughout the town. The map is used to indicate when an inspection is due, what happened at the last time they visited a site, and additional information for staff. Many of the mosquito sites in Portola Valley are tree holes and natural drainage. Tree holes are not unique to Portola Valley but unique to most communities above Highway 280. Tree holes can breed mosquitos well into the summer and breed a certain type of small mosquito that will bite during the day, primarily in the shade, as opposed to at dusk and dawn. They are very difficult to control. Some methods include filling the holes with concrete or sand or expanding gel or a larvicide application. The staff looks for the least impactful method and often work with the homeowner to fill the tree holes in. The one positive is that these mosquitos traditionally do not carry disease transmissible to humans; however, they do carry dog heartworm. Most residents with dogs are treated monthly with an agent to prevent transmission of heartworm from these mosquitos.
Another unique feature of Portola Valley is horses and stables. Mr. Weber noted that often there are water sources on these sites. The staff often gets called regarding “mystery bites” on the horses and will work to determine the sources of the bites. Because of the way stables are situated, they often lend to rodents visiting. The staff helps determine where the attractants are and gives advice to the owner on measures to make it less attractive to rodents.
Mr. Weber spoke of Searsville Lake, with Stanford Dam nearby. He said mosquitos follow vegetative corridors. Applications of treatments are done by helicopter and treat the green vegetation that lines the lake. Without the treatments, the mosquitos would follow the vegetative corridors and make their way to
5 the town. Stanford University compensates the District for these applications, which are typically done in July and into October. Application timing is based on surveillance and the time of year. Mosquitos coming from this area can transmit West Nile Virus, which is why the treatments are so important.
Mr. Weber indicated two tropical, invasive mosquitos which are of great concern. The mosquitos can carry diseases such as Dengue fever, chikungunya, and others that native mosquitos cannot transmit, but these new ones can. About 10 years ago Menlo Park, very close to Portola Valley, was the only district to date that was able to eradicate that species, and they have been invasive Aedes mosquito-free for eight to ten years. He said in 2022, to keep these eradicated they will do extensive surveillance for this mosquito, and this requires a bit different type of surveillance. Within the Portola Valley area, they surveil for this mosquito so that if they find it, they can attempt to eradicate it. Mr. Weber shared a photo of a new tool, a UAS, which is a drone that can map remote areas to find water sources and do control applications in hard-to-reach or dangerous areas. The drone does not require going into the habitat, as it has a very precise camera and can deliver precise treatments in very targeted areas. The District has recently obtained special government license through the FAA and State Health Department to use this piece of equipment. However, through the Department of Pesticide Regulations, staff is working towards getting the pesticide application portion of that. Mr. Weber said this equipment will be a game-changer for controlling mosquitos and public health.
Mr. Weber shared a photo of Rachel Curtis-Robles, PR Director, providing education to students and said they will continue to try to coordinate educational activities with the schools in the community as well as the public. Lastly, Mr. Weber shared a photo of a yellowjacket trap and said he recently has been communicating with Town Manager Dennis. They have agreed to do a preliminary study to evaluate yellowjacket populations in Portola Valley and looking at different ways to suppress those populations.
Mayor Hughes asked what residents and the Council can do to help the District in controlling these things, whether there are things people should watch out for, and what to do if they see them. Mr. Weber replied the best thing to do is to continue promoting awareness of the District’s services, and when they have mosquito bites, or if they notice rodent droppings around the house or raccoons or skunks going under the home, to contact the District, and they will come out for all those services. A major item which they rely on the public to report in the summer is reporting dead birds. Staff will come out in less than 24 hours, collect the dead bird, and test it in-house to determine if it died of West Nile virus. Based on the results, they will do a host of actions following that, leading up to determining if the community is at elevated risk for virus transmission. This is probably the most important thing they could ask of the public, but also just calling them anytime they need to.
Mr. Williams noted that they have also connected their technology to the Town’s so that things can come through Town Hall directly to the District, using such platforms as PV Connect.
Mayor Hughes invited questions from Councilmembers. Seeing none, he invited questions from the public.
Mary Hufty said she has had wonderful experience with the District. She lives on Corte Madera Creek and they have, over the last 30 years, come out pretty much every year and removed the log jams along the creek, which is an enormous service for them. It gets rid of mosquitos, standing water, and also gives fire access and decreases the amount of flammable material along the riparian corridor. She said this year they said they couldn’t do it anymore. She wondered if there is any chance that they can get them back into this. Mr. Weber responded that part of the problem with them operating in creeks is that the U.S. Fish and Wildlife Service now requires a streambed alteration permit, so although they are not altering the streambed in their removal of logs, trimming, and things they have historically done, they are being held up by regulators. He said recently OneShoreline, which focuses on flood control, he has been communicating with their District Manager to determine whether, as a means of reducing flood control and standing water, OneShoreline, can hold the permit and allow them to do the work under that permit.
He said they have more than 30 creeks in the county, and it requires an enormous amount of work. He remarked that their staff enjoys that type of work. He encouraged Ms. Hufty to give the District a call and show them the location, and they will do everything they can.
6 Mayor Hughes thanked Mr. Weber for his presentation, adding that he has used their yellowjacket removal services. When a gardener finds a nest, removing is unpleasant if they are not properly equipped, and having the District be able to come out and do this is a very useful service, as well as all their other services. Mayor Hughes thanked Ray also for all his work within the town. (9) Annual Council/Committee and Commission Workshop
Town Manager Dennis said this is the third year that this item has been on the Council’s agenda. It is the formal kickoff of the FY 22-23 budget development. He said starting with the committees and commissions is an important and integral portion of the budget development process. The workshop allows the Council to hear from committee chairs or representatives on the issues they have discussing or plan to discuss in coming months, and which of them they would like to see included as part of the Council’s budget priorities. The Council priority process is the next piece of the development of the budget. This will happen at the Council’s next meeting on February 9th, where there is discussion, partly based on the current night’s discussion, partly on staff input, and partly based on other information, starting to hone in on what the Council would like to set as priorities for the coming year. These two components guide the staff as they put together the budget for review by the Finance Committee and the Council in June of 2022. Discussion will include how Council Liaisons fit into this process. The Liaison serves as a resource as needed in all the committee and commission meetings. Councilmembers attend those meetings and when they have provided direction to any individual committee, it is typically a goal to transmit that information via the Liaison. Committees make a variety of recommendations to the Council, both through this process and other programs they wish to see implemented.
Town Manager Dennis invited chairs, or representatives thereof, to share what their committees have been thinking about and discussing.
Bonnie Crater, representing the Nature and Science Committee, thanked Councilmember Aalfs for coming to their meetings as Council Liaison. She said most of their programs in previous years had been in-person, either indoor education programs at Town Center or outside. In 2021, due to the pandemic, they switched to on-line meetings and were grateful for the support from the Town, particularly Kari, who set up their Zoom meetings and helped them advertise their programs. In 2021, they ran nine online events. Hundreds of Portola Valley residents attended. They held five wildflower talks from Dan Quinn, a local photographer. Other residents spoke about ticks and Lyme disease, earthquakes, climate change in the arctic, and galls. The talks are all posted on the Nature and Science page, with links to the events from 2021. She said for 2022, they are hoping as the weather warms to do some outdoor educational events around nature and science for Portola Valley. They are planning four events. A star party will include local astronomers and looking at some sort of celestial event through telescopes provided by the astronomers. They hope to do an event called, “Our Watery World,” talking about all the water elements of nature, an event particularly suited to children. They would like to do an event around pollinators and wildflower seeds, to try to promote the natural environment. Lastly, they hope to do a compost day as an educational event, teaching how to do composting with a do-it-yourself composter, or they may have some sort of offer to allow folks to purchase a composter. The events will be relatively inexpensive to run, but they are requesting $1,500, which is about their usual request, for various banner advertising and other event costs.
Kim Marinucci, Chair of Race and Equity Committee appreciated Councilmember Derwin and Councilmember Richards serving as their Liaisons. She shared on what it was like to start a new committee. She spoke about stages of group development – it is formed; it begins to storm; then you start to norm; and then you hit your stride and start performing. She said she would put their committee at the norm and perform stages and added that they did not skip the storm stage, as there was a lot of storming.
She said two members left the committee. Another person joined, and they have one opening. They are getting their bearings on what they are about and what they are doing. They have a mission statement and objectives for the committee and are doing some standard things such as looking at Town policies and determining where their bias may be. Because they have a committee member on the Housing Committee, they have a housing subcommittee within their group, which is important, intensive work, and they have not gotten into the depths of it yet. There is another subcommittee looking at how to attract
7 more people of color to Portola Valley. Additionally, some who went to the Town Picnic may have interacted with them when they put up the Town seal and asked people what they thought, what it represented to them, how they felt about it, and what other kinds of symbols would represent Portola Valley today. They found it to be a great way to engage people in conversations leading to other related topics. They now have a subcommittee, including almost everyone on the committee, that is looking at using the Town seal, not as the most important issue, but as something tangible that is not necessarily high stakes as a way to engage people in the skill of dialog about Portola Valley’s problematic history and what to do about it. She said in the end, they will make a recommendation to the Town Council about what the committee thinks should be done about the Town seal. Their intent is to use the process as a way to practice listening to each other and discovering how to, not just cancel, but finding the middle ground. They were asked to put together a budget just as they were forming. She said they have a small budget of $1,750, which she thought, as they discover more of who they are and what they will be doing, that may change.
Dale Pfau, Chair of Emergency Preparedness Committee, spoke of a few of the things impacting the budgeting process. They are pursuing an upgrade to the Emergency Communications radios, which are primarily amateur band radios, from analog to digital radios. Through Ham bands they can get on the internet and have access to worldwide communications between people who have availability to repeaters. They will be upgrading, which will allow them to coordinate better with CERT partners and probably with the virtual EOC. He said this could cost $7,000 to $8,000 over the course of the year. Mr.
Pfau reported that, in concert with CERT, much of what they have historically done for medical supplies is now transitioning to CERT. They now have a CERT trailer onsite. The EPC also has medical supplies in the Buckeye Room. They will be going through them to consolidate them. They will retain some medical supplies in the Buckeye Room but will probably need about $2,000 to update and refresh the emergency medical supplies. The Committee supports a number of outreach events through the year. One is the Emergency Communications and Safety Day in June, the Town Picnic, and they generally have another event with Woodside Fire, for which they generally need about $2,000. He said there are two new members joining this year, so they hope to increase their outreach efforts.
Ed Holland, Chairman, Bicycle, Pedestrian and Traffic Safety Committee, thanked Mayor Hughes for his help as Council Liaison. He presented the significant actions of the Committee in 2021, particularly pursuing the outcome of the Pedestrian Safety Study and starting to see the implementation of those things come into shovel-ready projects, including striping and changes at various intersections, particularly crosswalks, to improve safety. The Committee is taking an interest in the Housing Element participation, with regard to how changing uses, ADUs and properties, and an increase of population in the town might influence pedestrian safety, on street parking, school safety, and safety during emergencies. They hope to have input on these things within the Housing Element process. Another significant area of consideration has been continued interest and concerns over parking related to recreational visitors in town, particularly associated with Windy Hill. They started with a study raised by concerns of residents of Willowbrook Drive and also drawing into that a more holistic view, taking into account a review of the parking on Portola Valley and at the top of Alpine Road. They have seen changes begin on some of those items, such as red lining in certain areas of Willowbrook. There is a report from their consultant, Paul Krupka, which is ready for high-level review of the Committee to look at the possible changes in signage on Portola Road and perhaps on Alpine. These things have been slow in coming around, but he said he is learning that it is simply how things work. He hoped they could pursue them with as quick a pace as possible. He said Howard Young has been a great liaison with the Town Center and staff. Mr. Holland also noted a huge success in collaboration with Parks and Recommendation, which is also a potential consideration for a budget item, with a need to work out cost and implications. Last year they reverted to a new Town Picnic in collaboration with Zots to Tots. The event was a huge success. The support from the Town to enable the road closures to happen and support from law enforcement and Town volunteers was incredible. He felt it should be a model for the event going forward. He reflected that without the ability to do things like that, it simply is not Portola Valley. He hoped to look at the budgetary implications of doing these sorts of things, and the organizational and cross-committee work to make them happen again as a routine and comfortable kind of procedure.
8 Catherine Magill, Chairman, Conservation Committee, spoke of the Committee’s core values – to provide guidance and information to the community to ensure that Portola Valley development maintains harmony and subservience to the environment. She said that their main responsibilities are to do site visits associated ASCC reviews, providing advisory information, both to the ASCC as well as an opportunity to educate the homeowner on using native plants, how to care for them, and trying to maximize the use of appropriate low-water use for the environment. The Committee does tree removal permits. One of their big jobs has been oversight and guidance for Mr. Young and the Public Works group on maintaining a number of the high priority Town-owned properties, such as the Town Center, Spring Down, Frog Pond, Triangle Park, and Ford and Rossotti Fields. The Committee offers Mr. Young guidance on when things should be mowed. They helped restore the meadow at Spring Down and provided guidance on trying to keep the weeds down to allow the wildflowers they seeded to come out. They are working with Mr. Young to develop a five-year plan so that he knows in advance how to plan. This year, because of the rain in November, mowing needed to be earlier than in past years. The Committee has been working with the Fire Department to help provide information for clearing, trying to get rid of as many flammable or invasive trees as possible, and working on making sure the clearing is thoughtful and pays attention to nesting periods and other things that may not be on top of mind. They have been working with the Housing Committee on Committees. Their main focus besides the review responsibilities is providing educational and communication tools. They have created a brochure for the Native Plant Demonstration Garden in the Town Center. They have worked with Mr. Young to replant plant and give it a facelift. The Committee provides a “Tip of the Month,” and “What’s Blooming Now,” which give a bit of information to the community on what is happening in the environment and suggestions on native plants for gardens. She said they are doing an in-person Broom Pull this year, and they also hope to do an evening lecture later in the fall. Ms. Magill remarked that the Committee takes its education role seriously, and they expect to continue that and working on refining some of the guidelines that the Town is going to be using for ADU approvals. They expect to need $4,000 to $5,000 to support their activities, although they spent much less than that this year because of COVID. They do not have any huge things on their to-do list. She thanked Councilmember Richards for being the Council Liaison.
Scott Elrod, Chair, Sustainability Committee, summarized the Committee’s activities over the past year.
They are focused on citizen behavior, and he said they need to walk a fine line in terms of educating people about options, encouraging different behaviors but not pushing too hard or being preachy. He said they had a great display of options for people at the Town Picnic, including technologies to limit watering, limit showers and such. One big interest of the Committee was in coming up with a backup power option which people could adopt, short of getting a gas generator. The Committee looked at a lithium ion battery bay system that could run a small number of appliances and lights and a refrigerator for up to 18 to 24 hours, including a solar charging unit. This was a demo at the Town Picnic, and they are now going to make this available for loan to Portola Valley residents via the Library. The Committee worked on a detailed climate change reading list, which is now on the town website. There are a lot of postings on the PVForum website. The Committee has been all about education, and it will continue to have that focus.
He said in the coming year they will emphasize revamping the website, which is quite outdated. They do see the Committee of Committees and the focus on ADUs as being a principal way to effect sustainability.
They are intrigued by the notion of checklists, even in the case of ministerial approval of ADUs. He thought that might be the way committees can influence how things are done, not be an item on whether they are done, but to try to put some of the interest of the different committees into the way things are done. He said they are looking forward to the rollout of the smart water meters and will play a role in sending out information packets to people about how to benefit from them. Mailings around such things will be one of their cost items. The budget has been variable, in the $4,000 to $10,000 range. The past year it was closer to $10,000, in part because they purchased the demo unit to loan out. He said there may be other pieces of hardware that represent options for people that they would want to buy and make available as loaner items through the Library. He said their budget would likely need to remain at about $10k. During COVID they have had to cut way back on events. There have been some events that the Committee has championed in the past – the Sustainability Book Club, seminars, and a movie series which seemed quite popular. They hoped to get back to some of those things in the near future. He was appreciative of Councilmember Derwin’s working with the Committee.
9 Patty Dewes, Chair of the Parks and Rec Committee, shared the Committee’s priorities for 2022, which are basically the same as for 2021. First, she mentioned the successful Zots to Tots and Town Picnic. As several people had referenced, it was the only communitywide event held in the Town for 2021. They had a tremendous outcome with almost twice the number of people as in the past registered to run, race, bike, walk in the Zots to Tots race. She announced that if anyone ordered a Zots to Tots t-shirt and don’t have it yet, they should call John Meyers, because “he needs his garage back.” She said they hoped they will be able to have the Zots to Tots and Town Picnic in 2022. Their budget last year was about $22,000 and they feel that is more than adequate, and they would request that for 2022 as well. Ms. Dewes listed other things they worked on in Parks and Rec. One was the court usage policies and practices which has become a conversation point with many people, as pickleball continues to gain in popularity and participation. There are almost 200 pickleball players registered in the group that they manage. They play on the courts every day for two to three hours, with between 20 and 40 participants. It is growing and, as such, is creating demands on the courts, so they feel they need to think about making some changes. In particular, they are considering a proposal to dedicate one court to pickleball fulltime to eliminate having to put up and take down the nets and having permanent nets so that people could play pickleball anytime which they cannot do presently. To the extent that this is done, they want to ensure the tennis players are treated equitably with time on a court dedicated to tennis only. There would be one more court that could be reserved for either tennis or pickleball. She said with the reservation system installed last year, they could manage that effectively. Ms. Dewes said these are the types of opportunities the Committee is looking for, to allow people to use the courts the way that they would like to, while ensuring that they are available for all. She noted that they need to also accommodate the Corte Madera tennis team as well.
The team will start up in March after missing last year due to COVID. They will use the courts in the middle of the day, which takes time away from residents, but it is the right thing to do for their neighbor.
Ms. Dewes brought up the town’s fields – soccer and baseball. Parks and Rec is looking at the field usage fees for those. In the past the fees have been player-based which seems to have grown out of favor, particularly with some neighboring towns, and it is difficult to manage for some teams that have different populations for their players. They are looking at doing analysis on moving to a per-hour based field usage fee, and this will be coming back to the Council in the next couple months if it is necessary to do anything. Ms. Dewes commented on her pet project for someday, a dog park. She said there are several rogue dog parks around town because they don’t have an organized one. She said at Town Center off-leash dogs are a constant presence, and illegal, as well as unsanitary and unsafe. The Committee continues to look for opportunities for a dog park, working closely with other committees to make sure that if they do identify something, that it meets the tone that the Town is striving for, as well as the dogs and their owners. She said they have put in an application to the State of California, and offered up to $200,000 for a grant for some type of Parks and Rec project. They have put in a request for $180,000 to put restrooms at Ford Field, which has been a need for quite some time. There are porta potties there, but restrooms would be nice. She said $180,000 is less than half of what they think they would need to put restrooms in at Ford Field. The difference, if granted, would have to be made up by either Town funds or private funds. They have done this before, as with the Ford Field renovation and the Town Center. The Town has been somewhat generous, but it is something they would have to work on in 2022. Regarding any impact from the Housing Element decision and actions, Ms. Dewes felt that for Parks and Rec that would primarily be focused on if there’s more people in town, there will be more demand on the Town’s facilities. She said they would need $22,000 for the Town Picnic. Also, if one court is dedicated to pickleball, there will be some equipment costs, which they are researching at present. If a dog park were identified, they would need fencing and materials for it. Right now, the only known quantity is the Town Picnic. Everything else is work in progress.
Nan Shostak, Geologic Safety Committee, said the Committee is newly reformed. There are now four members, with space for one more. Chet Wrucke was Secretary of the Committee when they last met and is the de facto leader until new officers are elected. The first meeting is planned very soon, at which time they will elect officers and prepare a budget. She expects the financial needs to be minimal, if any, and the Committee will notify the Council of their budget decision. The Committee’s priorities for the immediate future will be to work with Town staff and the other committees on the evacuation plan and the Safety Element. They anticipate working with the Planning Commission on an ongoing basis during early phases of development proposal, to help with site assessments before any buildings are planned. They
10 anticipate being a full partner with Town staff and the geologic consultant, Cotton Shires, early in the process of assessing sites for development where there is any question of seismic hazard.
Gary Hanning, Chair of the Trails and Paths Committee, said that, recognizing their budget is largely in the Public Works Department, the Committee does not have a lot of budget needs for committee activities. Their number one priority for this year is bringing back the Horse Fair, which is a community outreach program with the goal of connecting residents with the history of Portola Valley’s equine past.
They last held the Horse Fair in 2019, at which time they had good turnout. Each year the attendance had been growing, largely with families and kids. COVID forced them to put the Fair on hold, and they look forward to resurrecting the program. The date is set for May 14th at Town Center. He thought the budget for it would probably be the same as the last year, unless there has been a significant increase in cost for vendors and facilities, which they do not anticipate. Another of their priorities is Alpine Trail and Safe Routes to School, Trails and Paths. Alpine Trail is unique in that it is present on both sides of Alpine Road and also includes sections designated for multi-uses and single use. Bikes are allowed on some sections and not on others. Horses are allowed on certain sections and not on others. They hope to improve signage, which would be an undetermined amount. Public Works would probably carry some of the cost.
They also hope to work with the School District to better map out the Safe Routes to School between Corte Madera School, Town Center and Alpine Hills, as well as the Nathorst Triangle.
Mr. Hanning continued, sharing that the Trails Committee also plans to produce a new trail map this year and have begun work on it. The existing trail map is over 20 years old, so they are looking at using more modern technology for the map with an overlay of all the town trails. They hope to better identify starting and endpoints, the usage of each trail, and have a map that can be used electronically as opposed to a printed map. This will require some funding which is yet to be determined, depending on the mapping tools used and associated royalties associated with them. Also, any consultants hired to actually do mapping would require funds. Another priority for the Committee this year will be to support the Building and Planning Department with a checklist for ADUs and SB 9 projects, to be used by ministerial reviewers to screen applications for compliance with regulations related to trails and paths. For example, drainage, scoring of driveways that cross the trail, landscape near trails, mechanical equipment and hardscape. The reviewers do not have a lot of such information to make the determination whether the project would fit well with any existing trail. With the new trail map and the checklist, a ministerial reviewer would be able to quickly determine if there was a trail on the project site and, if so, whether it meets the requirements on the checklist.
Finally, another priority of the Trails and Paths Committee will be to continue to support the Public Works Department. Mr. Hanning thanked Mr. Young and his team for being advocates for the trail system and doing a great job maintaining and keeping the trail system open and safe. Without them, their trail system would collapse. Although they are a small team, and mostly unseen, they do an amazing job, whether mowing, clearing trees, et cetera. The Committee will continue to support Public Works with identifying short and long-term maintenance issues on the trails. They have been developing a capital-intensive project list, the budget for which would likely come out of the Public Works budget. They are helping to identify and prioritize projects on the trail system that will require larger than normal capital outlays. For example, re-weatherizing a trail with base rock. To allow the trails to be open year-round to all classes of trail users, it requires use of certain materials on the trails and conforming to certain standards to keep them safe during rainy months. The Committee is also working with Public Works to coordinate volunteer workdays on the trails, something they want to bring back. Most trails in Portola Valley were originally built by volunteers. They will experiment with a trail day coming up in the Ranch. Outside and local volunteers will be used to accomplish some tasks. If this is successful, they hope to do more of them. Mr. Hanning concluded with thanks to Mayor Hughes for his support as their Liaison for a number of years.
Vice Mayor Wernikoff was excited to hear about the projects the Committee is working on. In regard to the Alpine Trail, she said a pet peeve of hers lately is the increase of trash, seen everywhere in California.
She felt this is seen more on the Alpine Trail than on other ones, given its proximity to the road and traffic.
She wondered if this is ever discussed within the Committee and if they consider it part of their purview.
Mr. Hanning agreed and said largely due to the pandemic, they saw a dramatic increase in the number of users of all of he trails. With that came more trash, more user violations, et cetera. The Committee works
11 with Mr. Young on this. He said it may seem easy to just put a trash can out there, but it actually isn’t that easy, with the cost and logistics involved. It is something they have looked at in the past, but something he did not feel the Public Works Department can handle in its current form. He said if the Council would like them to look deeper into this issue, they would be happy to do that. Generally, they try to stay true to their Trails and Paths element, which is built on the honor system that says, “What you bring in, you take out.” For the most part, he feels it works, particularly pre-pandemic. However, post-pandemic, it may not be the best solution. He said it is within their purview and they may be able to address it, depending on funding and support for it, not just with money, but also with staffing support in the Public Works Department. Mr. Hanning went on to acknowledge every property owner in town who hosts a trail on their property, as they deal with things like trash, dog droppings, increased number of users. They are often overlooked and under-thanked. On behalf of the Trails and Paths Committee, he thanked them for everything that they put up with in order to provide an amazing community service to the residents and to the general public.
Mayor Hughes recommended the PVConnect app, which can be used on trails to take photos of things such as an accumulation of trash, a fallen tree, et cetera. In the PVConnect app it can be automatically tagged with the GPS coordinates. The Public Works can then go out and take care of such things.
Ed Holland said as a regular trail user he has seen an increasing use of bicycle use on trails, which is generally not permitted. When he has occasionally spoken to people about it, they have claimed the don’t know anything about it, because there is no signage. He wondered if Trails and Paths had any plans to improve that information to support those rules being upheld. He commented that he wanted to know when the volunteer days are, as he enjoys the trails very much and would love to help. Mayor Hughes responded that the Committee will be looking at improving signage and additionally, working on the trails map, which help people understand better which trails are for what purpose.
Mary Hufty commented on behalf of the Westridge Architectural Supervisory Committee, in conjunction with Mr. Hanning’s presentation and his great work on the trail system. She said Westridge has about ten miles of trails within the Westridge community which it offers to the public. They carry the expense for its maintenance and have been honored by good cooperation between the Town Manager and Mr. Young, who have been wonderful about helping them, but essentially the cost of maintaining the trails goes to Westridge. The map has included Westridge trails in the past and will continue to do so. They hope, however, that the contributions of the Westridge community will be recognized in terms of both finances and significant volunteer work to keep the trails open.
Rita Comes was appreciative of all the people in town who are volunteering their personal time to serve on councils and committees. She said she would like to hear from some of the committee, such as the Undergrounding Committee and others, when talking about housing and making plans for infrastructure in the future. She did not remember them having a meeting in a while. She reiterated the phones issue and other infrastructure issues they are running into without having someone to follow up with in the town.
Mayor Hughes replied that he is the Liaison to the Undergrounding Committee and he thought there is some work around undergrounding budgeted for this year. He has noted emails regarding organizing a meeting and getting something on the calendar. He said once the date is set, she is welcome to make public comment there.
Mayor Hughes invited comments or thoughts from the Councilmembers and Town Manager.
Town Manager Dennis extended appreciation to the Chairs and Committee members who do incredible work on behalf of the Town and continue to be the bedrock for everything they do. He appreciated hearing from them on the things they are looking to see included on next year’s budget. He looked to the Council for any recommendations, suggestions, opinions to help with the process. Staff will come back at the next meeting with detailed notes on what was heard so that the Council can consider them, in addition to the detailed minutes. He said a big thank you and requested to hear from the Council if there was anything they would like to be highlighted.
12 Vice Mayor Wernikoff echoed the thanks for the amount of time community members spend volunteering on committees. She wanted to highlight an item in the Consent Agenda and draw attention to red page 49, where all of the committees are listed, including all of the vacancies, for those who may want to get involved and participate.
Councilmember Aalfs thanked all of the committee members who spoke, as well as all of the volunteers in town. He was interested to see the next round of this. Most of what he heard sounded very appropriate as continuations of the good work of the committees.
Mayor Hughes also thanked the volunteers for time spent on the committees. That which was presented by the various Chairs was a very high-level overview of what the committees work on. Many individual items are highly detailed, technical discussions about issues that are not as obvious as they seem. The level of complexity the committees attend to is very deep and a tremendous help to staff and the Council. [The Council took a five-minute break]
(10) Recommendation by Town Manager – Resolution Adopting Volume 1 and Introduction, Chapter 15 (Town of Portola Valley Jurisdictional Annex) and the Appendices of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan (a) A Resolution of the Town Council of the Town of Portola Valley Adopting Volume 1 and Introduction, Chapter 15 (Town of Portola Valley Jurisdictional Annex) and the Appendices of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan (Resolution No. 2877-2022)
Town Manager Dennis presented this continuation of an item on the December 8th Council agenda. The Council had requested it be continued to a later date. The initial staff report from the December 8th agenda could be found on the top of red page 66. He welcomed two guests to the meeting – Dan Belville, Director of the Department of Emergency Management, formally OES with the County of San Mateo; and well as Bart Spencer, Lead Consultant for Tetra Tech, who works with staff on development of local hazard mitigation plans. He said the staff report covers the primary elements of the discussion quite well.
He highlighted the issues around not adopting the multi-jurisdictional local hazard mitigation plan, stating that the plan, as developed, is a plan that is worked on between 20 cities in the County of San Mateo. It is the largest geographic area in California that puts together a joint plan. It is an accomplishment that everyone in San Mateo is quite proud of in regard to continuation of this cooperation between cities. The plan is a vehicle for communities pre- and post-disaster to apply for grants for mitigation, adaptation, resiliency, et cetera. The County component is Volume One. The chapter associated with a town is the vehicle through which they can make application for grants. Portola Valley is currently unable to do so because the plan has not been adopted by the Council, and there are currently a number of grants that he would look into and/or apply for, related to a variety issue, including fire.
Town Manager Dennis pointed out on red page 61 a description and context to the conversations staff has had over the development of the hazard mitigation plan with the County. Chapter One is primarily a County product with some input from the cities. The County uses a variety of data sources to put together, particularly where there were community concerns shared by staff and the Council, on exposure and loss rates associated with fire. Those tables are directly related to the very high fire severity zone maps that are created by Cal Fire. On page 572 of the Plan, it shows the different assessments on wildfire. In the very high fire severity exposure table, for example, that corresponds directly with the very high fire severity zone in Portola Valley, regardless of adoption by the Town Council. This is about nine percent of the town. In conversations he had with one of the consultants in August and continuing into September and December, staff indicated some concern related to what the data set appeared to be showing about fire risk in Portola Valley, particularly around the high and the moderate zones. He confirmed this with various staff at the County, and the consultants. The exposure tables for high and moderate are related to the draft maps and appear to tell an incomplete story from the perspective of the data set they are using, which is the richest data set that they have in order to compare across San Mateo County fire risk. Staff communicated this and that they would like to see opportunities to correct
13 this over time through maintenance opportunities, which start after adoption. As a living document, he said there are multiple opportunities to go back and provide different data sets, engage in conversations with other communities in similar positions. The Town of Woodside also shows zero percent in high and moderate, which all know to be untrue as well, and other cities have similar issues.
Town Manager Dennis said he hasn’t directly engaged with other cities on this but understands that some cities have contacted consultants about various things they would like to see corrected in future iterations of the plan. He said they want to work with partners on a more current data set that can tell a more accurate picture of fire risk. The data sets allow creation of a component within each chapter around risk rankings. The Town did not create or design this; rather, it was related to the data sets, the maps. The staff report of December 8th described the instructions for the preparation of the document and did include an opportunity to work with the powers that be to make corrections to risk ranking where possible. This involves a conversation ultimately with Cal OES and the federal government through FEMA. At the December 8th meeting, he said he didn’t provide this particular language at the time but was just looking for direction to write the draft. It is a description of ways to approach that conversation, and they are hopeful that the risk ranking will change from moderate to high. Regardless of it changing or not, it still qualifies the Town for grants, which is the important element to consider. Town Manager Dennis invited Mr. Belville and Mr. Spencer to offer any further comments or insight.
Mr. Belville, Department of Emergency Management, addressed the Council and said Town Manager Dennis summarized very well where they are. The LHNP falls under his responsibility in the Department of Emergency Management, and he reports directly to the County Manager. The process started last January. They did extensive outreach and came up with a very robust plan, of which they are very proud.
They think it puts the County in a very good position for grant funding. In fact, he is seeing grant opportunities almost weekly. One in the last couple of days covers the area above Portola Valley. They are looking at regional grants to address the fire hazard element. He said Mr. Spencer’s company, Tetra Tech, does this type of work all over the nation. He said Mr. Spencer is a resident of San Mateo County and has a vested interest in emergency preparedness, having worked in the field for 30 years. He said they are both happy to address any questions the Council may have arising from the Town Manager’s presentation.
Mayor Hughes invited questions from the Council.
Councilmember Derwin said there were 20 cities, unincorporated county, and 15 special districts included in this very large multi-jurisdictional plan. Other than Portola Valley, she asked if there are any of those public agencies that have not adopted this plan. Town Manager Dennis responded that all agencies have adopted the plan at this time. Mayor Derwin responded that out of 36 public agencies, Portola Valley is the only one that has not adopted it. She said her understanding is that this is not a risk assessment document, but rather a funding opportunity document. Town Manager said this is a fair assessment. The document does assign risk and mitigation measures which are detailed within the Town’s chapter, but its primary purpose is to associate identified risk with an opportunity to apply for the grants. For example, no one from FEMA is going to open the document, turn to a particular page and articulate a concern related to particular data and not provide a grant opportunity on that basis. He felt it was worth noting that some of their partner agencies, particularly Woodside Fire Protection District approved his through a consent process on their own Board about a month ago. Their ranking showed fire is the third highest threat to their entire district. It did show it as high fire risk, which makes sense since they have a considerable amount of high fire severity zone within the state responsibility area. This is true in some other communities as well.
Mr. Spencer added that when they assemble the plan, they take the best available data. Unfortunately, that is Cal Fire, and the FRAP (Fire and Rescue Assessment Program) maps and the maps that they put together to create fire severity zones are lagging behind. Looking at all of the fires in the state for the last several years, technology to go through an improvement is delayed by several years because people have been out fighting the fires. If there are issues, it is the State. There are other ways to create an update. Sonoma County did this when they did their hazard mitigation plan. The risk rankings seen in the document on based upon data provided to them from other government sources and is not something
14 that Tetra Tech creates or the County creates but is collected from USGS for earthquakes or Cal Fire. It is collected from valid agencies that Cal Fire and FEMA have recognized. Unfortunately, they are behind, but that is up to the State, and they have to use the information that they provide.
Councilmember Derwin thought it was important for the community to note that wildfire is not the only hazard taken into account in this enormous plan. It also includes tsunami, drought, flooding, landslide, earthquake as well as broad climate change and severe weather, even dam failure. She reiterated that there was a lot of back and forth with the County over the Town’s chapter of the plan due to the perceived inaccuracies. She acknowledged that they are inaccuracies, but she questioned if they approved it as it is in its imperfect form if it will be a detriment to them in the future. Mr. Spencer answered no, because as Town Manager Dennis indicated, the plan must be adopted in order to go in and change it and to be eligible for grant funding. He affirmed her pointing out all of the other hazards the County is subject to, such as flooding, drought and severe weather. There are many other opportunities for grants, and the amount of money available through the BRIC program (Building Resilient Infrastructure in Communities) as well as the COVID mitigation money is substantial, and the Town could miss out on that. He suggested that the Council adopt the plan and then put into place a maintenance portion of it to say they want to create a study and apply for a grant to get a study to look at certain things to make the necessary updates to the factors that have gone into assembly of the plan. He said FEMA recognizes that over the course of five years things change, and during that time period it is incumbent upon jurisdictions to identify updates and put them into the plan.
Mr. Belville reiterated that it is a five-year plan with one-year updates, and they are already scheduling the first-year updates in the next month or so. There will be changes from different jurisdictions with similar interests in other areas, and this might be Portola Valley’s for example, where they would make note and try to seek a grant to upgrade the understanding of the fire risk within the town’s jurisdiction.
Town Manager Dennis added that much of what Mr. Spencer was describing is underway, particularly at the Woodside Fire Protection District level. The CPAW (Community Partners Assistance for Wildfire) grant is, in part, expected to fund the Foundation for Community Wildfire Protection plan for the entire district in lieu of two cities and the County. Those would be the kinds of things they can bring forward to help adjust the ranking, although the ranking is not a proxy for anyone’s perception of fire danger risk in Portola Valley. Public comments suggest that was the impression but that is not accurate.
Councilmember Derwin appreciated the input and said she feels there is much confusion about the document and why it is important, and that it is critical that they adopt it.
Councilmember Richards thought it would be helpful to stress, as pointed out, that the real point of the document is to basically generally state the hazards that exist in the community overall. They are not specific hazards but more of a general compilation of all of the hazards that might come their way, so that when they do come, they can point to the fact that they had prepared in some manner for it. His understanding was that they have a substantial list of hazards in the town, hazards that have been entered into the Portola Valley’s section of the document. Town Manager confirmed this and said as he has reviewed other jurisdictions’ action items, Portola Valley has more action items and measures, and more associated with fire than other similar jurisdictions. Unfortunately, it does not reflect the risk ranking.
Councilmember Richards said the main issue is really to have them identified in order to be able to apply for grants related to those.
Mayor Hughes inquired about the focus on making modifications or updates in the coming years on the risk assessment side and the descriptive side. He asked if they also have an opportunity over the coming five years to update the mitigation strategy, so if there was some strategy not contemplated in the current draft of the document, and in two or three years they come up with something they would like to do, they would have an opportunity to add it and be eligible to apply for grants for it as well. Town Manager said this was the case. Mr. Spencer reiterated that it is a living document, so as they go through the next five years, if the priorities of the Town change and funding becomes available, they can put action items in or take action items out. The items do not all have to be mitigation-related, but the avenue for doing that is the hazard mitigation plan. He said mitigation is one of the elements in the emergency management
15 wheel. Some of the hazards that the town faces – earthquake, flooding, fire, et cetera – the one big thing they are working on now is the Zonehaven effort and the evacuation planning effort, so if the Town wanted to put an action item in related to evacuation planning for the town, that could be put in. He added that the mitigation is also a launching point for being able to ask the Emergency Preparedness Committee, for example, what things they are doing to get the town prepared. It might include such things as people having to-go bags ready, having the evacuation maps to get out of town. Basically, the Town ways in an out and if those become congested, it is doing public education on how to get out of town. The mitigation is a launching point for others, so they could add action items in related to mitigation as it leads into other areas, like preparedness.
Vice Mayor Wernikoff thanked Mr. Belville and Mr. Spencer for their input. She remarked that there was high interest in this and she hoped those with questions could get their answers directly here. She expressed her desire to highlight transparency and communication and hoped this was providing an opportunity for that.
Mayor Hughes invited comments from the public.
Robert Younge appreciated the conversation. He said he was confused and appreciated the opportunity for clarification. His understanding was that the County had a document that came out that they had prefilled in. He asked if any of the other towns or cities changed the document and, if so, why did they do it if it is not important to do? Mr. Spencer responded to his question, explaining that in going through risk rankings, FEMA and Cal ORES are more interested in whether it’s a high, medium or low than they are in an actual number. For a jurisdiction to be able to change it from one level to another they have to have justification beyond stating “It could happen.” There are many factors that go into justification of a move from low to medium, or medium to high. One example would be Pescadero, because they recently had a fire and because there is a lot of drought and climate change in the area, they want to change the risk rankings in the area from medium to high. It is more than just potential conditions but rather a recent event to be able to justify a change in ranking. He said other cities did change their ranking based upon recent occurrences. Some jurisdictions said they would like to change it, and he told them they would be asked for their justification. He said their rankings had to stay as is because of the criteria that both certifying agencies lay out, as opposed to a Tetra Tech criteria. Mr. Younge asked about Moritz mapping that was done a number of years ago. Mr. Spencer said he had spoken with Town Manager Dennis about that, and it is something they can look at in the future as part of an update, as appropriate.
Rita Comes said during the December 8th meeting it was understood that there was going to be another meeting before December 20th, so that there could be discussion with the public, because the public made many comments at the December 8th meeting, indicating their distress at signing of a document with such incorrect information. Then, that was changed, and the message was that it didn’t need to be signed by December 20th and would be followed up at a later date. It was then on the Emergency Preparedness Committee’s agenda and then moved on to the next meeting. She said the residents have been expecting a discussion on this item without being limited to the three-minute limit on comments. She said they anticipated an actual discussion on this and now are getting the message that it simply must be signed even though it is incorrect. She referenced the Safety Element as well as the Evacuation Plan as items that are coming up and said the public has been asking to be part of that and not limited to two or three minutes to question or comment. She requested that the residents be allowed to be part of the discussion, because the feeling is they can’t pursue more housing in the town until they have such meetings to get residents’ questions and comments aired with the whole town able to hear and see who is in the room. She said she wishes to see her fellow neighbors and that people have been very passionate about these things, and this is a missed opportunity, because there are very intelligent people in town. She said they see the Town signing something that is incorrect and misrepresents their beautiful town and puts them possibly at risk. She asked how many grants have been applied for in the last fiveyear period.
Mayor Hughes responded that there were some items of misinformation in her comments. The item has been circulated around the public for a long time. It was in the Weekly Message back in both March and July of last year. It circulated through numerous committees. PVNU affords an opportunity to have
16 discussion with neighbors, and they are welcome to have meetings with fellow residents to discuss items in front of the town and bring them to the Council. He said there has been a lot of commentary on this, along with a lot of expert involvement and helpful clarification from Mr. Belville and Mr. Spencer. Staff has done great work in clarifying the item as it came to them on December 8th.
Bob Turcott thanked the Council for pulling the hazard mitigation plan from the Consent Agenda on December 8th for further consideration and the Town Manager for the additional information he has provided about the plan. He said his understanding of the Volume One County data that so dramatically underrepresents the town’s risk was derived from the Cal Fire maps, which incorporate the moderate, high and very high fire hazard designations made by local jurisdictions, which is why Woodside’s very high fire hazard severity zone is so large on the Cal Fire map. Woodside adopted the Fire District’s findings, and Cal Fire incorporated their designation into the map. He said it seems that the responsibility for the mischaracterizations in Volume One lies not with the County or the staff or with Cal Fire, but it lies with all of the Town Council since 2008, because they elected not to designate any moderate, high or very high fire hazard zones in Portola Valley. Regarding Portola Valley’s chapter in Volume Two, the methodology of the plan, the formal letter of intent from the Town, and table 15.1 of Volume Two make it clear that, “This annex was developed by the local hazard mitigation planning team.” Specific members of the Town staff are named who presumably conducted the work under supervision of the Mayor and Vice Mayor. Mr. Turcott said it is worth citing for the record just how egregiously the Town’s hazard is misrepresented. Table 12 of Volume Two lists risk ranking scores assigned to the town’s natural hazards.
The risk scoring is identical to what Woodside assigned for each of its natural hazards, except for wildfire.
Woodside identifies wildfire as its highest risk, by far, whereas Portola Valley assigns it approximately one-third the risk cited by Woodside, far below earthquake, landslide, and weather. It is lower than weather, barely greater than flooding and barely within the medium risk range. Mr. Turcott said this plan is why it is critically important to have the public meaningfully engaged in such work. He urged the Council to adopt the approach of including the public in the revision of the Safety Element and other planning and policy development that affects life safety.
Councilmember Aalfs requested to respond to Mr. Turcott’s comments. He stated that it is not true, and the FEMA map incorporates the high fire, the very high fire severity zones, regardless, and the fact that they did not adopt them in 2009 has no bearing on this hazard risk. The reason the hazard risk is ranked lower than they all think it should be is partly because the maps are inaccurate, and partly because it doesn’t incorporate the high and moderate risks but focuses on the very high fire severity zones. The fact that the Council in 2009 did not adopt the maps does not have any bearing on this, and they got a low ranking regardless.
Mayor Hughes added in regard Mr. Turcott’s point about scoring that the scoring algorithm was performed by Town staff. His understand was that they were applying a scoring system developed by the County and by Tetra Tech, so they were constrained on how they were arriving at the scores based on the data that they were feeding into the scoring system provided to them. Mr. Spencer remarked that as they put together the risk rankings, they are looking at high, medium and low, and there are many factors that go into that. The number is irrelevant. When Cal OES and FEMA look at the FRAP maps, they are looking at the fire severity zone, which are still included in the information, whether the Town Council adopted them or not. The information that they get from Cal Fire includes every aspect of the County, so whether the Council has adopted it or not is irrelevant. There are many factors that go into how a fire severity zone is created. It is a Cal Fire calculation, and they just take the data provided by them. He said changing the number from 9 to 29 will not change anything. Their medium stays medium. If they want to change the medium to something else, then they have to adopt the plan in order to do that. This is the process set in place and is not a Tetra Tech process, but a Cal OES and a FEMA process. Tetra Tech abides by them.
Ronald Eastman wondered if anyone had reached out to FEMA to find out how this information is used, because it seems there must be a purpose for them asking for it, and the purpose may rely upon the information being accurate. He echoed Ms. Comes and Mr. Turcott’s comments. He felt the hazard mitigation plan makes it imperative that the community be involved in the development of the Safety Element Update and the evacuation plan. He said they live there; they know where the problems lie; and
17 these are matters which affect their property and their lives and there are many capable citizens ready and willing to step forward and help make sure these things are done right.
Rusty Day said Mr. Eastman made the important point – it’s not about water under the bridge. He felt the reality is it can’t be changed and the only choice they have is to adopt it, and then update as they are told.
He said they can’t correct it because that would acknowledge that it was wrong. He said Councilmembers and staff say this assessment is wrong and needs to be changed, but he has not heard anyone acknowledge just what is wrong about it and exactly what change needs to be made. He said he has also heard that they must have a basis to change the risk ranking, an objection, professional assessment of the town showing there are very high fire hazard severity throughout town far beyond those identified by Cal Fire. He assumed that would provide such a basis. He disagreed with Councilmember Aalfs’ statement that it doesn’t matter that the Town didn’t adopt Cal Fire and Woodside’s recommendations because they’re already incorporated. He said Woodside adopted Cal Fire but also adopted Woodside Fire Protection District’s expanded designation of very high hazard severity areas throughout time, and this is why their risk ranking is 52 instead of 18. Mr. Day wanted to hear how the low ranking and low risk exposure that they state in the document for wildfire risk affects the scoring of their grant requests for wildfire mitigation when compared to communities like Woodside, Hillsborough, Belmont, San Carlos or Redwood City with much higher rankings and exposure reported to FEMA. Finally, he stated that the document is the product of staff working with consultants without citizen participation or oversight and is why the document is in the shape it is in. They are now engaged in an evacuation capacity study, a Safety Element update and an evacuation plan with no citizen participation or oversight. He said they are setting themselves up to repeat the same mistake. He requested that the Town Council change their process and open it up to citizen participation and engagement.
Councilmember Derwin responded that this is a County multi-jurisdictional document, having had a robust public outreach process between February and August of last year. She said every single public meeting can be found on the County’s website. She underscored that to say that this was done with staff and consultants and no public comment or input was patently false.
Mr. Belville spoke regarding the impact of the rating on the Town of Portola, reiterating that they have to rely on the FRAP map while acknowledging it is a number of years old and could use improvement, but they have to rely on that data as it gets recorded and submitted to FEMA. He said FEMA’s eyes don’t see this any differently. They see the risk in the entirety of the County of San Mateo, Portola Valley notwithstanding, and they can take this up at the next opportunity to see if a grant can identify a greater risk than has been identified. However, in the end, it will not impact FEMA’s view in terms of fire risk in San Mateo County.
Councilmember Aalfs reiterated Councilmember Derwin’s comment that this has been a public process.
Also, staff has been handling this and working with both the County and FEMA to correct the maps and will continue to do so. He felt that the questioning of staff’s motives, the maligning of their intentions was uncalled for. He said the Safety Element will be a public process and residents will be invited to participate. They would like for this to be happening faster than it is, and they are still waiting for a lot of information for it, but the public will be invited to participate. Staff works with the Council at all points on this, and in his opinion, have done a very good job of representing the interests of the Council. He said he is tired of the implication that because staff is directing some of these things, because they have the technical expertise to do so, that they are somehow to blame for this or that they are not acting in the town’s interests is simply unfair.
Councilmember Richards pointed out that another avenue of public input that has been around for awhile that many are not aware of is the County Emergency Services Council. He has been the representative from Portola Valley on that Council for at least 10 years. He said this product has come through that committee with representatives from all 20 towns in the county. It has been discussed and described and there have been opportunities for public input as far back as he can remember. He states that the notion that this has been done in any way secretively is absurd.
18 Mayor Hughes added to Councilmember Aalfs’ comment about public process, stating that all of the items that Mr. Day mentioned have gone through extensive public process and will continue to. Regarding the evacuation plan that Mr. Day implied was done in secret by staff, the RFP for it was approved by the EPC and the Chair of EPC before it went out. The discussion about the process, obviously the primary work for it is being done by staff, who are employed by the Town to do this work and who spend their full professional lives on these things and understand all of the technical details that seem to be escaping many residents. He said they are trying to help everyone understand what this document is. He felt staff had done a very good job both within the Town and the County at putting together this complex, multijurisdictional document assessing all kinds of hazards.
Mary Hufty spoke for Portola Valley Neighbors United and said in fact each individual neighbor speaks as themselves and not as Portola Valley Neighbors United. She thanked the Council for putting up with this and said she sees the discomfort on their faces. What she didn’t see was the experts. She pointed out with the format in use that there are two experts there right now, but they don’t see them. They only see the Council’s uncomfortable faces, feeling badly that people are not representing ourselves well, or not talking clearly, or may be lying. She said whatever they are doing, they are just expressing their concern, but she thought it would be nice to be able to see the speakers, the experts, that were supposed to be reassuring them, and it was a format issue she wanted to point out. She said the role of Portola Valley Neighbors United is educational, trying to track what is being said, find out other sources of information, trying to stay with the truth as best as possible. She said it is very uncomfortable to be told that you’re not truthful or that you’re not trying for the truth, because that is what they are doing, is trying for the truth, and they are hopefully all in that together. Mayor Hughes replied that the reason for not seeing the two consultants is they have their cameras turned off.
David Cardinal thought, having been involved in various governments, said this is one of the most transparent he has seen. Volunteers are welcome on all of the committees, which in many cases have openings. He could not imagine why anyone would think their voices are not heard. They may not get their opinions ratified, but he was very impressed by their listening and their patience. He felt they are very fortunate to have a great volunteer town council and dedicated staff. He did not understand the ranting and raving about things they all agree on. They all live in the town and all think fire is a big issue.
They all think safety is a big issue. Nobody denies that. They may have disagreements about how to approach that, but he didn’t see why it needs to become some sort of weird diatribe about peoples’ opinions.
Karen Askey thought they all wished they were at the Dutch Goose. She was appreciative for the clarification about the Hazard Mitigation Plan and the consultants being in attendance. She understood it must be adopted, and then they can make changes. She said as they talked about the maps, she recalled that Portola Valley’s was blank compared to others. She went back to red page 339 and looked at the map in the agenda packet from December 8th, and it does show Portola Valley as not having the yellow/orange/red to it. Her request was that when they go back and look at the maps that they double check that, because it looks like it was perhaps not the map from Cal Fire. Mayor Hughes thought it was a reproduction of the Cal Fire map which has a very high fire severity zone, but none of the other types for Portola Valley.
Ellen Vernazza was still confused about the point of the Hazard Mitigation Plan. She looked it up to see what it was for and read that it is prepared to reduce the loss of life and property by minimizing the impact of disasters. She said the hazard mitigation plan they are proposing to adopt doesn’t seem to do either one of those things. It seems to be only related to obtaining grants. She said she would have liked to be more in on this to start with and, although Councilmember Derwin said it was available from February to August, she asked how, as a resident, she would have been notified that this was something she could get it on or have input into, or even to read it. She asked if all the Councilmembers have read all 800 pages and know what it is in it.
Mayor Hughes said the Town has put out information about this several times. It was in the weekly newsletter, drawing attention to the County’s work on this in the March 18th and July 15th editions last
19 year, during the County’s process. They have also had multiple meetings in Town which have been agendized and noticed.
Town Manager Dennis said in a couple versions of their weekly message to the community they attach to the County’s information and posts in multiple updates through different avenues. He has also seen it in many of the meeting minutes. It was included in many of his Town Manager reports. He said they always look for ways to increase that awareness and will continue to consider that in the future.
Mr. Spencer responded to Ms. Vernazza and said that in looking for action items or ways to improve the mitigation process, the driving force behind this is the Disaster Mitigation Act of 2000, which is the crux used to put all of this together. In the process of identifying the risks and the hazards, the last part of the process is to identify action items. Those can be projects. They can be changes to building codes or zoning codes or things like that. Each jurisdiction has identified various action items that relate to mitigation. The reason why it is driven by grants is that many of the action items are very expensive and far exceed the budget of many jurisdictions. They also encourage partnership, and since Portola Valley is in a corner, they may say, “Well didn’t you work with the Town of Woodside?” or “Why don’t you work with Woodside Fire?” et cetera, looking for collaboration in some of the projects. Some exceed a political boundary, so they go into other jurisdictions, so there are action items associated with trying to minimize or eliminate risks and help improve the mitigation efforts of each jurisdiction.
Bruce Roberts thanked the Council and consultants for their participation. He felt that the frustration of some residents is that they were looking for an opportunity for more of a community meeting. There was some mention of such an opportunity to participate in the discussion of how to exit the town in an emergency. He said he has not heard any timing for this. He said they continue to desire an opportunity for interaction without a time limit for comments and would like to know soon if they will announce a specific date, time and place for a public discourse on the issues.
Jane Wilson wanted to express her view that she trusts the Town’s staff, Town Manager and Counsel to do the right thing and adopt the resolution and take on the corrections later.
Rob Jack addressed his comment to Mayor Hughes, stating his hope that he will open himself to more public discussion. Regarding some of the Mayor’s comments expressed, he said the residents of the community are not ignorant or stupid, and to be derogatory towards residents of the town of which he is the Mayor of is inappropriate. He asked the Mayor to represent the entire community and not one faction of it. Mayor Hughes apologized for implying any such thing about residents. He said he believed he was talking about knowledge of particular technical details of the process of producing the document under discussion.
Mayor Hughes invited further public comments. Hearing none, he brought it back to the Council for discussion.
Councilmember Aalfs thanked Mr. Belville and Mr. Spencer for their attendance and the work they are doing in general. He thanked staff and Town Manager for their work in bringing this forward. He said they know it is a complicated process. They don’t have a lot of choice on some of it, but more importantly, as flawed as it is, the plan is doing what they need it to do, which is qualifying the town for grant funding to mitigate hazards going forward. It is recognizing that fire is enough of a threat that they qualify for the funding they will need to address. He pointed out that the downside of not having adopted it far outweighs the shortcomings of the report itself, which they will also work to amend. He said he is very happy to share with the public what they are doing in this conversation and, more importantly, what they are doing in general to make the town safer for fire. He said there have been many public conversations about all the things they are doing. The Wildfire Preparedness Committee was formed three years ago, because they realized there was more, they could be doing, and the group has been meeting and doing great work for three years. He said they want to hear the opinions of the residents on this, but in the meantime, he also supports the staff work, and the other agencies that has gone into making this part of the overall strategy for keeping Portola Valley safe. He said he fully believes they should adopt the plan tonight.
20 Vice Mayor Wernikoff agreed with Councilmember Aalfs’ comments. She wanted to thank Mr. Belville and Mr. Spencer for their contributions and felt it was very helpful for the public to be heard directly from the Department of Emergency Management at the County level. She strongly agreed with moving forward.
Councilmember Richards agreed with the previous comments and felt they need to move ahead and not dwell on this any longer.
Councilmember Derwin thanked Mr. Belville and Mr. Spencer for producing the document that will help keep 700,000 people safe. She thanked staff for their work since late summer and fall.
Councilmember Derwin moved to adopt the Resolution adopting Volume 1 and Chapter 15 of Volume 2 of the San Mateo County Multijurisdictional Local Hazard Mitigation Plan. Seconded by Councilmember Richards, the motion carried, 5-0, by roll call vote.
(11) Colleagues Memo – Transparency and Communications
Vice Mayor Wernikoff said she has been talking a lot about how to improve transparency and communication, which they hear about a lot at Council meetings. She thought they should review the things that they are doing, because, despite sharing it in a variety of different ways, not all people get the message, and different people like to hear communications in different formats, et cetera. She shared an extensive list she had developed of the ways community members can stay informed and participate. She said the most important way to stay informed is to subscribe to eNotices. From there one can pick the topics they want to be notified about. She said the notices that come out that are easy to digest, as opposed to Council meeting minutes and videos which are difficult to walk through. Those that subscribe can get the Weekly Update and Town Council meeting summaries, which are very digestible. She said for someone who feels they haven’t been informed and haven’t heard about things that were discussed, this is where things can be seen by subscribers. Subscribing to San Mateo County alerts is also important for everything being discussed within the community with respect to wildfire safety. Attending committee and commission meetings is another means to staying informed. These are all posted on the Town calendar, including minutes and Zoom recordings. She said people may not realize that the Town is on Facebook, Twitter and Instagram and even has a YouTube channel where people can review the town meetings.
Vice Mayor Wernikoff encouraged residents to join a town committee. In particular, there are openings on many committees, including the Wildfire Preparedness Committee. There is a lot of interest in that topic, and she encouraged people to consider joining it. All of the committee meetings are also open to the public, so residents can still participate almost as much as committee members. People that are concerned about limitations to comment during Council meetings would discover that committee meetings are more casual, and there is more dialogue. She reiterated her encouragement to people passionate about these topics to consider joining a committee or at least attending the meetings, where they can have a back-and-forth dialog at those meetings.
Vice Mayor Wernikoff advised that other important meetings going on currently include the Housing Element Committee, part of which is the Safety Element. She heard comments that the Safety Element is not a public process but said that is not true. The Safety Element will be discussed in the Wildfire Preparedness Committee, the Emergency Preparedness Committee, and the Geologic Safety Committee. The public is invited to all of those. Regarding the topic of a community meeting, she suggested that all of those meetings are open to the community, but in addition to that there will be a separate, specific community-wide meeting. There are formats and meetings that are available to the public on the Safety Element. She also offered a reminder that Housing Element Committee meetings are monthly. There have been five so far, with great attendance at the last one. Other than that one, there have been maybe five to ten people attending. She said there is another one coming up on Monday. At that meeting they will discuss the housing affiliate partners. In February, they will have an update on fire mapping as it relates to the Housing Element. There was a lot of interest in that topic, so she encouraged folks to flag that meeting.
21 Vice Mayor Wernikoff commented that there is interest in the pipeline development projects and advised that all of that information is on the website. All the Town’s financial statements are available to manipulate using an OpenGov software program. They also are doing smaller group meetings through PV Donuts. She said the Council is also planning for the community-wide meeting. She said her list outlines all of the ways they are pushing the meeting out, including dates. She encouraged people to reach out if they have questions. She wondered if they could have a discussion on if the Council thinks there are other things they could be doing. As part of this item, she said she would love to hear from the community if there is something not on this list that they could be doing.
Councilmember Derwin complimented Vice Mayor Wernikoff on the thorough job compiling the list. She added a few more places where people can get more information, especially given the previous discussion. She said the County of San Mateo always pushes out bulletins to Councilmembers after a Board of Supervisors meeting, so she wondered if residents would be able to get on that email list. Town Manager Dennis said they will put that in the message to the community on the website. He said Kari Chinn, the Town’s Communications & Community Engagement Analyst , is looking at a variety of those kinds of updates as they come through, including everything from the Mosquito and Vector Control District to County of San Mateo to state, regional and federal elected officials. Usually, it is a click away to sign up to whatever newsletters they have. Councilmember Derwin thought people would also be interested in hearing from ABAG, regarding all of the regional housing matters, and MTC, which is housing as well as regional transportation and the long-range plans, such as Plan Bay Area 2050, including the long-range plans that are akin to the mother of all the stuff that filters down to the housing.
She thanked Vice Mayor Wernikoff for the nice list.
Councilmember Aalfs remarked on Vice Mayor Wernikoff’s gathering of a whole bunch of sources of information for carrying a huge stream of information in one place. He thanked her for the resource and said it also underscores the reason why people get frustrated at this. There is a lot of information being pushed out. He said he thinks they literally just pick and choose carefully and while everything seems important, every now and then they think “People have really got to know about this one.” It gets pushed out on every channel, and sometimes it gets exposure and sometimes it doesn’t, not because the residents aren’t intelligent and inquisitive, but because they know they are pushing a lot of things at them and it is hard to keep track of all the information out there. He said he understands the frustration when someone feels the something got by them. He said they do the best they can and staff does the best they can to get all the streams together. Kari Chinn curates the streams regularly. He said he can barely keep track of all the information they are putting out and that he can get confused and miss things in town as well. Councilmember Aalfs said citizens are always free to email Councilmembers. He is currently setting up a time to walk with a neighbor in the Ranch, and he tries to respond to all of his emails if he can, but sometimes things slip, and he apologized for that. He said he is happy to talk to people one-on-one on these topics. He said they are there because they represent the townspeople and a lot of the times that he has been doing this, he feels like he barely hears from people. He reiterated that they do want to know what the citizens think, and sometimes they cannot do what they are being asked to do, for a variety of reasons. He understands that that is frustrating. He said it’s not that they aren’t listening, and sometimes it’s not even that they don’t agree with you. They do the best they can but have limitations on what they can do, also.
Councilmember Richards agreed that Vice Mayor Wernikoff’s list is fabulous and compared with what they did 20 or 30 years ago, with just an occasional printed newsletter, this is phenomenal. He said there have been some calls to get back to the newsletter for people who don’t use electronic media. He said this tends to be phenomenally expensive and hard to get out, but he thought they had been successful a few times, putting out individual cards for messages they wanted everyone in the town received. He said this is a great demonstration of how thorough they at least have tried to be in contact with the residents.
He agreed with Councilmember Aalfs’ comment that many times they feel like nobody is listening at all, because they never hear from anyone. This has happened to him as well – no phone calls and no emails – but he always loves to hear from people. He said they will keep trying to do their best.
Town Manager Dennis shared some of the events they are trying to plan in the coming months. The Housing Element, they have had one very large community meeting and plan to have another one as part
22 of that. As the Safety Element kicks off, they plan to have one community meetings. He said there have been requests, which he concurs with, to plan a large-scale community meeting around some of the fire issues. He said that planning such meetings is an enormous undertaking, with chicken-and-egg elements associated with it. In particular, when inviting people who don’t report to him, it is much easier to tell his staff to come to a meeting than to tell the Director of Emergency Management to go to a meeting. They try to balance not having multiple competing meetings on any given day, which limits things considerably.
He said that nothing from staff should indicate anything other than an interest in trying to get things planned as quickly as possible with opportunities for people to participate. As Councilmembers said, a large meeting isn’t always the only way to participate. There are other perhaps even more effective ways to participate in discussions. He acknowledged the frustration that people may have at times, stating that scheduling is tough.
Mayor Hughes agreed and said that although large meetings allow everyone to be in the same room, it does make it hard to have people speak for more than about three minutes each, because otherwise not everyone gets a turn. This is why he hopes the PV Donut style meetings and having a larger number of small meetings will allow people to have more in-depth conversations.
Vice Mayor Wernikoff clarified that they are still planning the large meeting, and it is on the list.
Mayor Hughes invited public comments.
Bruce Roberts thanked Vice Mayor Wernikoff for her letter. He wondered about the Wildfire Preparedness postcard and Safety Community meeting, he presumed they would be Zoom meetings, but wondered if this has now been scheduled or is going to be scheduled, and if it would include the evacuation discussion. Town Manager Dennis said the timing, with COVID and other issues, does cloud some of the planning opportunity and effort related to what kind of event it is, COVID seems like its on a track right now where they might be able to do more things in person relatively quickly, but he hesitated to assign particular dates to that. The community meeting as described has not been planned. They are talking about whether or not there is a need for a separate evacuation discussion or if that can be part of something broader. He said that he is happy to take any input from residents across the board and requested emailing him with thoughts and suggestions. He said Councilmembers are also letting him know what they would like to see as well. He thanked Vice Mayor Wernikoff for all the time she has put into this.
Karen Askey thought the Town has done a great job with eNotices and online tools. She felt that those attending the meetings know about that, but there are many other residents that don’t know. She wondered if there was an outreach program that could be done, but not via email, that could at least make people aware of their ability to sign up. She would love to be able to sign up for viewing the residents’ letters to the Town Council. Though Town Manager Dennis mentioned that they are in the weekly recap, just having those pushed out would be great, because it is a way for her to keep in touch with what other residents are looking for. She said there is a tremendous amount of information out there, and it is how to get all the people they are not hearing from engaged. She thinks the Donuts and the town meetings are a great start. Vice Mayor Wernikoff responded that they are putting up banners at Town Center and at Ford Field promoting eNotices, and also, they will be doing a postcard mailing.
Outside of that, she said she is open to ideas about how to get people engaged.
Town Manager Dennis added that he has a draft postcard that they plan to send to residents with a QR code that can be scanned to take them directly to the website with these resources. He related that he has been doing this 25 years and communicating with the public is the holy grail of public service. He has participated in myriad efforts, new tools, and engagement opportunities with public members. Often it is the same people who use the new tool, so they try to deploy a couple different strategies. One is to go where people are to try to engage folks. He added that regardless of how much quality information they push out or how many different tools they have, it takes a commitment from residents to participate on some level and sign up for things. It is a critically important area to him and his staff, and it can be challenging when information is available, and they are trying to find ways for people to access it.
23 Bob Adams didn’t think he has been heard criticizing staff or the Council. . He said he thought they were doing everything they could to do the right job as best they see it. They do not always agree, but he respects that they are thoughtful about it and try to listen to what people have to say. He said he talked to Town Manager Dennis and Vice Mayor Wernikoff about a town meeting at the January 12th meeting. He wasn’t sure there was an agreement to have a town wide meeting. He said he is now confident there will be one. He saw Vice Mayor Wernikoff’s list and where it said near the end “Town wide meeting in March,” and wondered if that was true. Vice Mayor Hughes replied that it was. Mr. Adams said he is confident that they will have a date and a meeting. He thought part of the problem they have is that it is frustrating to everyone to hear FEMA or the Emergency Services group or anyone else say, “We know this information is incorrect, and there’s no way you can fix it now. You can fix it later on, but you can’t fix it now.” He said that all that does is reveal that the government is kind of screwed up, at least from his standpoint. He clarified he was not picking on them, but the process has all these pieces to it and it is very difficult to manage. He said he is not unintelligent, or uninformed, or someone who stands back and looks from afar, and it has taken him three months to figure out how this all works. He said it is not a criticism, but he was trying to explain how people get very frustrated because it is so convoluted, even if it doesn't appear so to them. He said he currently has no problem with the Council approving the Hazard Mitigation. It made perfect sense for where they are because it’s a screwed-up thing that they have to say yes to, so that they can fix it later on, which seems ridiculous, but he understands that it is the process. He summarized by saying he appreciates the Council and the staff and thinks they are trying to do the right job. He said they are frustrating the residents unmercifully, but unintentionally. He thanked the Council for the meeting they will have in March.
Councilmember Aalfs responded that government is slow and cumbersome, and it looks just as convoluted to him after 13 years of participating in it as it does to Mr. Adams. He said he gets frustrated, too. Although some of it is for a reason, partly so that the five Councilmembers can’t just go around doing whatever they want and trampling over the public. Some of it is just because it’s a cumbersome process to hold them accountable. The public meetings with the comment periods are a little frustrating, but it is there to make sure that everybody who wants to say something to them can say it to all of them. They do have private conversations, but they do not make decisions behind the back of the public. Churchill said that democracy is the worst form of government, except for all of the others. The Council knows it is frustrating, and at times it is frustrating for them. He apologized for that and reiterated that they are all doing the best that they can, as are the residents.
Town Manager Dennis suggested to try working in it as opposed to volunteering. He expressed that the book some of them will write at the end of their careers about how cumbersome the process is will be a good book. Mayor Hughes reflected on the amount of interaction there is at the county or the state level, where there are 30 million people to manage, or the country with 300 million people to manage and remarked that FEMA has rules in place because it is not just little Portola Valley that they care about. It’s 300 million people across the entire country who have to submit their forms in the standardized format with the regulated scoring scheme, et cetera.
Mary Hufty reiterated previous comments, that the Councilmembers are heroes, because they sit and listen to them and try to sort out what the next step is and try to offer things. She said they deeply appreciate it. She said she would like to hear a little bit more appreciation for what Portola Valley Neighbors United is trying to do which is to inform, engage and activate the community. That, in itself, should be something that they offer to the Town Council that they can do this. They have put their resources together. They have an educational 501(c)3 and they have a way of supporting the Council.
They consider themselves a unique and valuable asset to the greater Bay area that has brought a lot of environmental awareness to the entire country and that is part of the solution to climate change, to housing, to affordability and fairness and all the goals they share. They are trying to help the Council activate the community. She spoke to the possibility that they might see each other as being on the same team, working to the same goal and not feeling like its them against the Council but more like they are trying to help engage the community to make it a safer place, to make it more environmentally sound and to make a better world by acting local and thinking global. Mayor Hughes responded that he doesn’t see it as PVNU against the Town. He said they have collaborated in the past, sharing information making sure
24 that what is going out is accurate and consistent. He looked forward to collaborating like more in the future, as it is a great way of reaching people in ways they don’t normally do.
Caroline Vertongen said she has been a longtime and very active resident of Portola Valley. She said they have met with all of the Councilmembers, except Vice Mayor Wernikoff, and she hoped she would accept her invitation to meet with her. There are several issues they need to address. She wanted to affirm everything the residents said. They want a collaborative approach. She did not think frustration is the right word, because they have shared their professional and community experiences throughout the years and feel they are not being heard. She said they hope to come to a resolution. She said they met before, and there are several issues in the community that should be addressed. She requested that Vice Mayor Wernikoff respond to her email that she will send.
David Cardinal said as someone who grew up in one of the last towns in America to elect everyone through a public townhall meetings, all for public voices, he didn’t think anyone in their town has gone unheard. He said he believed everyone on the Town Council could recite the opinions and perspectives of the top 20 people who contribute by heart. He felt there was a difference between being unheard and being disagreed with. He said they should have more town meetings, but that’s not the same as everyone getting to have their opinion become law. Regarding the PVNU saying they want to collaborate, he felt it did not ring true. He did not see anywhere that they have acknowledged the efforts of the Town to adopt some of the most strict fire safety building codes ever, or take a lot of major steps. He said he wasn’t sure what their point is, but he did not see them as being very collaborative at this point, although he felt they should work with them. Mayor Hughes said the PVNU has worked with Town staff in the past on messages that have gone out where they have made sure information was accurate, but he said it has been a little while since that was being coordinated with the Town.
Rita Comes spoke first as a resident to thank Vice Mayor Wernikoff for her list of ways to communicate with each other and get information. She hadn’t heard an update recently about how the hybrid meetings at the schoolhouse was progressing, because she does miss seeing her fellow neighbors’ faces in the room or as part of the Zoom and being able to see them. She said many of her fellow neighbors don’t have technology skills and although she has been using QR codes for years, some of them do not know what they are. They are not good at Zoom and are in bed by 8:00 p.m., so wished there are other ways, especially meeting in person, to reach out to those neighbors who are not up on technology.
Unfortunately, because of the storm on December 23rd some still do not have internet and phone at their homes so they can’t participate. She went to say if anyone wanted more information about PVNU and what they are doing, she asked that they visit the website and see what they are doing in the community and reach out and speak to one of them. They are all available.
Angela Hey said what she sees at the meeting had nothing to do with the subject, but has to do with people wanting to be heard and wanting to have a floor where they can talk for a long time. She said that is very painful sometimes, that people dread hearing problems because then they feel if they’ve heard it then they have to solve it, so they would rather not hear the problem. She said what hears in the town, for example, with Zoom, they could easily use Zoom with everyone’s faces on. Ms. Comes just said she would like to sees peoples’ faces, so Ms. Hey asked why they don’t do that. It would make people feel listened to. She said it’s very well sending out information and reports, but that’s not what people want.
They want to be stars where they can stand up in front of people. She wondered about having an old fashioned debate, because what people want is empathy from the Town Council and to be heard.
Whatever the subject is, people want to feel that they’ve had the debate, although debates are very old fashioned. She thought when they have a town meeting, people should be allowed to talk for more than three minutes. Even if it goes on all day, at least people have had their say and everyone has gotten together. She said she has been on thousands of Zoom meetings where people can all see each other, and she felt it was a simple thing that could be fixed. Mayor Hughes thought there were some technical limitations that they have with Zoom, one being that because the access information for the meetings has to be published publicly, they had a fair amount of trouble when they first started using Zoom with Zoom bombers. There was a Trails Committee meeting the previous week, and the committee meetings generally do have the ability for everyone to turn their camera on and all be participants, but that has led to Zoom bombings with evil internet users joining the meetings and broadcasting porn and disrupting the
25 meetings. The Council meeting are structured as webinar-style Zooms to make sure they will not be interrupted.
Vice Mayor Wernikoff replied to Angela’s comment, saying they have been running the meetings as webinars all along because of the Zoom limitations. She said it is a very standard format if you look at what other communities and non-profits use for this type of meeting, for that reason and many others.
She agreed that they would all rather be together, and the timeline for that is close. She responded to Ms.
Comes, saying she has mentioned this at every meeting. They all want it and all are waiting for the Old Schoolhouse to be ready, and that is right around the corner. Also, she reminded people that they are having a big community meeting sometime in March.
Town Manager Dennis said they were hoping to have all the supplies in hand at this point to start the work in the schoolhouse, but that is not the case. They are victim to the supply chain issues that everyone is affected by. There have been delays in a number of the pieces of equipment that they purchased, so they are probably about a month behind where they thought they would be. They were hoping to be in the Community Hall in early February, but it may be more like March, although he has no control over when they will get the supplies, and they want to test the equipment and also see where things are with COVID.
They are very much ready to get back into the schoolhouse and see people again and have that familiar relationship and communication.
Kristi Corley said she attended Woodside Council meeting the previous night. It was in person, and she was impressed by this. She said they are using the same contractor the Town is using to set up the schoolhouse. She said it seems that the Town didn’t sign the contract in a timely manner to get it up and running. She appreciated that Woodside has made this available to their residents. She said she appreciates open and honest transparency in governance. She said what she learned the previous night regarding SB 9 was that they are now realizing that there is a mountain lion restriction to SB 9. She wondered what the Council will be doing with respect to that due to the SB 9 law that says that wildlife habitat should be protected over building. She encouraged the Town governance to look into this and to read the Woodside agenda and talk to their town manager. They are putting off accepting SB 9 applications until they learn about the mountain lion habitat governance which is written into the law.
Greg [no last name given] thanked Councilmember Wernikoff for her initiative on transparency and communication and said it is a very welcome initiative. He said many of his sentiments had already been expressed, but he wanted to endorse what many said about public participation and listening. He felt it was very helpful to understand better the inability to conduct a Zoom session in a group style because of the Zoom bombing. He suggested a solution involving use of a password system since they rarely have more than 100 people participating. People who are interested could sign up for the meeting and be issued a password. That way they could protect from Zoom bombing, while everyone who wants to see one another can do so. He asked for a response to this request.
Town Attorney Silver responded that she sits on the State Brown Act Committee, and they just had a discussion about this. She explained that with Zoom you can issue passwords, but that does not comply with the Brown Act, because you cannot restrict access to a meeting by any member of the public. So if the Town were to just release passwords to a select number of people, or just to residents, that would not comply with the Brown Act, since you have to allow anybody that wants to attend the meeting to attend.
What has been discussed in the last statewide Brown Act Committee meeting was that with most agencies using Zoom as the platform for remote meetings, you have to publish the password, and web crawlers search through all of the public notice meetings and obtain the passwords, and if you have the password, you are able access a public meeting. There have been experiences with the Zoom bombers in all cities, so virtually all cities have had to move to the webinar format.
Ron Eastman mentioned that he doesn’t need to be a star. He responded to Councilmember Aalfs’ comment. He didn’t feel that criticism of the process or the product equates to a personal attack on staff.
He said he was sorry if he came across that way, because that is not his intent. He said when they take exception to complaints or criticisms or suggestions from the community by casting them as personal attacks on staff, it seems like an attempt to delegitimize what someone is saying and makes it difficult to
26 believe that you’re being heard, and makes him feel like he is being rushed off. He appreciated the Council’s hard work. He mentioned the Friday question-and-answer sessions in Parliament, stating it is never pretty, depending on which side you are on.
Councilmember Aalfs responded that Mr. Eastman’s point was well taken. He said sometimes he tries to draw a distinction between criticism of their actions and questioning of their motives. He said it is frustrating at times, even though he signed up for this and knew what he was getting himself into. He said at times there have insinuations that because something is being handled by staff and not by the Council, citing a comment once that “Jeremy doesn’t live here and doesn’t represent us.” He thought that to be very unfair. He said he tries to be open-minded to disagreements and even criticisms people have of the Council and said he will do his best not to resort to that. He did ask that people understand that the Council live here in town, his family lives here. Jeremy and his staff report to them, and their job is to make sure that they are serving the interests of the Town. He said he thinks his colleagues and he all agree that they are.
Mayor Hughes invited further comments from the Council on the Colleagues Memo. Hearing none, he thanked Vice Mayor Wernikoff for her contribution.
(12) COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Councilmember Richards attended the Conservation Committee meeting as discussed previously.
Councilmember Aalfs mentioned that Peninsula Clean Energy, along with six other California community choice aggregation groups, signed on to a contract through California Clean Power, a new entity that the CCAs have created. The contract is for a fraction of a 69-megawatt battery storage facility that will be serving their needs as well as others in California. The details as far as pricing are not public. He is excited about it because it shows that the storage projects when factoring in all the things they do for a load-serving entity like Peninsula Clean Energy are very financially feasible. They are past the tipping point where large-scale storage will become a significant part of getting to a carbon-free grid within the next decade or sooner. He did attend the Housing Element Committee as well.
Vice Mayor Wernikoff also attended the Housing Element Committee meeting and reported that it was a great meeting. There was a presentation from Susan Hartman, Community Development Director from the Town of Paradise. She shared about their learnings with wildfire resiliency and how they are managing their housing element as well as information about their vegetation management strategies and other things. There was a mapping presentation from Zeke Lunder. He is working with the consultant who is supporting Portola Valley for the Housing Element. They saw some live maps in a preliminary view of mapping and the types of maps they will be using. Step two of the mapping process will be in Housing Element on February 22nd, and she encouraged people to plan to attend that. There will other inputs, including looking at the existing maps, Cal Fire, very high fire zone, the Moritz maps, 30-percent slope issues, evacuation access. All of these things will be considered together and discussed again on February 22nd. The other thing covered in the meeting was that how the Safety Element will dovetail with the Housing Element, and she encouraged anyone interested in this to log in to the materials online for that meeting. There is a great graphic that shows how the two elements will work together and the meetings that will occur around that as discussed earlier. Woodside Fire Protection District also participated in the meeting, with a presentation from Don Bullard, which people can reference. All of the inputs will be taken together and incorporated into the maps, which will part of the Safety Element. She said for people who are curious about SB 9, the SB 9 ordinance language that was passed references the Safety Element, so as soon the maps are finalized it will pull through to the SB 9 ordinance. There will also be an opportunity to use the maps to update the ADU ordinance. She said this is the level of content that is discussed in the Housing Element Committee meetings, so she encouraged people to attend and participate.
Vice Mayor Wernikoff also attended the CAC. They will be planning a kids movie night. There is a lot of excitement about PV Palooza on June 11th.
27 Councilmember Derwin reported on the January 13 C/CAG meeting. Ken Brown, Strategic Consulting, was hired for federal advocacy, which is the first time C/CAG has ever hired a federal lobbyist. There was a legislative update. The Governor’s budget came out on Monday and included funding for transportation, climate, housing, homelessness, sea level rise, education. C/CAG has a few asks for transportation improvements and two stormwater projects in Redwood City and San Bruno. There was an update of their legislative policies for 2022. For the first time in five years, C/CAG will have a five-percent increase for their member cities. Going forward, it will be the most recent annual CPI at a rate not to exceed three percent. The Town’s bill will be five percent higher. This will happen in June when the budget is adopted.
There was a technical presentation on San Mateo County vehicle miles traveled and a VMT estimation tool, since through CEQA, all are going to VMT. It was extremely technical. They did a countywide stormwater program update as they look ahead to their next five-year cycle. They support 20 municipalities, OneShoreline and the County with all the permit regulating requirements with one full-time staff and 35 to 40 consultants. A big driver is legacy pollutant PCBs and mercury in the water, but they are also doing stormwater on the parcel scale, green streets and regional projects. An example of a regional project is Colma Creek watershed, where they are doing groundwater recharge and water reclaim for green streets. They have their sustainable streets master plan, rainwater harvesting where they’re giving rebates for rain barrels. She will make sure that is advertised when it starts up again. There was a report from Gina Papan from MTC who just gave $19.6 million in Caltrain right-of-way funds to SamTrans.
Councilmember Derwin reported on the San Mateo County ExpressLanes Joint Power Authority meeting on the 14th. They received an update on their logo for the equity program. They had an update on the opening schedule for the southern segment. The tolling will start on February 11th, so everyone should get their Fast Track flex transponders, because if you want to go on the Express Lanes you have to have one. She thought this could be pushed out in the newsletter as well. There was a closed session regarding Cal Trans negotiation over Express Lanes.
Councilmember Derwin had a Resource Management Climate Protection Committee meeting on the 19th, including a BAWSCA report from Tom Francis. They are still in drought, but went from exceptional and extreme to severe. Tom does not expect much change to the state declaration until April or May. Lake Shasta is 34 percent. Trinity Lake is 30 percent. Don Pedro is 55 percent. Hetch Hetchy is doing well at 81 percent full which is 28 percent above where they were at this time last year. They are above the median, but January has been completely dry. The upcountry snowpack has been good, but they need snow in February and March. SPUC declaration of water shortage emergency, she said right now there is a voluntary ten-percent region-wide reduction which is against the baseline of fiscal year 2019-2020.
They will consider moving to mandatory rationing if performance is not there, so they are doing monthly tracking beginning this month, tracking the water use through the water agencies. BAWSCA is working with member agencies to find opportunities to transfer supplies. There was a report from the Water Supply Reliability Roundtable. BAWSCA is finalizing a contract with the consultant. The group will start talking about her thing, which is to talk about stormwater, gray water, reclaimed water, et cetera.
SPUC released their long-term vulnerability assessment covering risk associated with climate change and water supply. The Water Research Foundation will hold a webinar to learn about it. Regarding the La Honda Community Microgrid, folks came back to remind them that La Honda has a lot of power outages that last for a long time, and their water system needs pumps. When there is no electricity, the pumps don’t work, and the children have to haul buckets of water from a well to the schoolrooms to flush toilets.
They are laying out short term, mid-term and long-term solutions. A short term would be putting 15 kilowatts of solar power on one of the roofs and get 46-kilowatt portable power box batteries for the teachers. A midterm solution is to establish a clean power exchange, climate protection center, where people could swap out batteries, get in out of the cold. The long term is the microgrid. She advised Councilmember Aalfs that it would be good for him to talk to them. She will also put them in touch with Anna Eshoo’s office for funding opportunities.
The last presentation was Peter Florin from Energy Solutions which is a new program offering incentives for single and multi-family homes to put in heat pumps for space and water heating, but they are working with contractors as opposed to residents. The rebates will go through the contractors to the consumers.
28 This is for single- and multi-family homes, and a low-income component. The incentives are high.
Councilmember Derwin said when she put in her heat pump water heater, she got a bit of money back.
Councilmember Aalfs added that this is why the rebates go through the contractors. They are trying to get the contractors to basically recommend heat pumps as the default, whereas they are locked into the technology they’ve been pushing for ten years. Councilmember Derwin said this is why the contractors would like to get a small portion of the rebate.
Councilmember Derwin reported on a Sustainability meeting on the 20th. The garden tour has been bumped to spring to 2023, again because of COVID. There was a woman in attendance who has her own podcast book group, called “All We Can Say,” for women in climate leadership. It would be fantastic if ended up joining. Scott and Stephan are the Chair and Vice Chair. Rebecca is Secretary. Randy did an update on SB 1383, the recycle bill. They talked about website planning, what to include, how to structure it, what the role of the Committee is. They also chose which areas they all want to work on and some of the projects they would like to work on.
Mayor Hughes attended two town meetings. He said it was nice to be back at Parks and Rec after a couple years. Some of the same people and some of the same issues are still there. They had two main items. One was thinking about re-doing the tennis courts for one of them to potentially be a permanent pickleball court. Currently there are volunteers who have to set up the nets and then take them down again every time anybody wants to play. The use of the courts is around 84 percent for pickleball right now, so dedicating one of the courts and having the nets up permanently seemed like a good idea. They are working out the logistics and how to do it while keeping the tennis players happy and not impacting basketball and other activities on the courts. They Committee is also looking at restructuring field usage fees. That is to essentially move from the per-player, per-season model currently in use. Instead, they are discussing an hourly rate per field and how to make it equitable between kids’ leagues and adult leagues and rates for each. The concept is that if you only use a field twice a year, you pay less, and you don’t pay for having more people on the field, necessarily.
Mayor Hughes attended a Trails Committee meeting. They have a subcommittee working on the update on a new trails map, who seems to be powering ahead on it. They have done work in Google maps to draw the trails out. The meeting was then Zoom bombed. There were probably 20 to 30 robot Zoom bomb characters started showing up, crashed the meeting, all kinds of audio and screen sharing of obnoxious stuff, so the meeting had to be abandoned. He said once a meeting is abandoned, restarting it is not easy, because you can’t let everyone know the details of the new meeting. They had to abandon it and will have to pick up the second half of their agenda at the next meeting.
Mayor Hughes met with staff members from PCE to talk about a project in Portland installing 50 electric vehicle chargers at a condominium project, helping share some lessons learned to learn how to do EV installations in a way that makes economic sense for condominium and apartment buildings in San Mateo County. There are a surprising number of hurdles in getting that done. He said they have one of the largest manufacturers of the EV chargers, Enel X, is based in San Mateo County. Councilmember Derwin asked if he would like to make a presentation at the RMCP Committee about this, as it is very hard for people who live in apartment meetings. Mayor Hughes said the project he did was a little different, in which the owners own their own parking spaces. The infrastructure is a shared element, but the individual spaces are owned by the individual owners, so there were logistics to figure out. At Councilmember Derwin’s request he said if there is someone at C/CAG she would like him to talk to, he would be happy to.
Angela Hey said the next day was the C/CAG San Mateo County Bicycle and Pedestrian Committee, and they did a plan in 2021. She was appointed in May of last year. They have roads that are risky to drive on, and the only one she could see coming through Portola Valley is Portola Road. Alpine Road has a trail up the side. Ms. Hey said it was interesting that their next meeting is to review grants, and there are some large amounts of money. For example, the flashing beacons at a crosswalk would be eligible for that kind of a grant if they’re needed because people have bicycles that want to cross there, then it can come under the bicycle funding. She said she has been attending the San Mateo County Commission on
29 Aging. They have been reaching out to towns regarding health and mental health, with a spirituality initiative.
(13) TOWN MANAGER REPORT
Town Manager Dennis had no report.
Kristi Corley wondering about any legislative updates, since a lot has been happening. She understood there was an Assembly bill that brings ADUs from 16 feet to 18 feet, which has gone through two committees and looks like it might get passed in Sacramento. She requested comments on anything they are learning with updates from Sacramento. She said they used to get reports from the Councilmembers who are attending ABAG meetings, at which there is a legislative update. She said if the Town’s lobbyist is not reporting she requests that whoever is attending the ABAG meetings could give an update on this bill. It would bring the ceiling height from 16 feet to 18 feet. Once at 18 feet on a two-story ADU, there is now a four-foot setback on the side and back of ADUs, so it is of interest to the town’s residents with the new ADU ordinance.
Mayor Hughes advised that they get updates from the Town’s lobbyist on progress of legislation through Sacramento. He said staff could probably get back to Ms. Corley with the latest update from her. He did not have an update at the time of the meeting. Ms. Corley responded that if the Town hires a legislative update, they should be giving an update on this bill.
Greg [no last name given] asked if they are logging SB 9 lot-splitting applications and whether they can publish data on that if there are any instances of it on the website. Mayor Hughes said he thought there had been no SB 9 applications either for lot splits or buildings yet. Town Manager Dennis confirmed this.
He said he would think about notifications on that type of thing and talk to staff regarding whether it is something they can consider. Greg said that somehow the Almanac reporter is picking up lot split applications in Palo Alto, so perhaps they could replicate how they are doing that. Town Manager Dennis said what happened there was that the application was from a fairly prominent develop in town who served on their Planning Commission, so he wasn’t sure if it was reported through a mechanism of the City, but everyone knows him, which is probably how it got to the press.
WRITTEN COMMUNICATIONS
(14) Town Council Digest – January 13, 2022
(15) Town Council Digest – January 20, 2022
Councilmember Derwin commented on item 3, saying she did not know how Stefan on the Sustainability Committee got the letter. The Committee discussed it and dismissed the concerns. Mayor Hughes thought it was addressed to him and sent to the Town Center, so staff probably distributed it to him as Chair. He thought such things were FCC certified and have strict rules and standards, so it is probably dealt with at the federal level.
Kristi Corley wondered regarding SB 9 if pre-applications will be reported by the Town, versus an application. She thought residents are interested in pre-application workings of SB 9, because they don’t want to be surprised if their neighbor is doing a lot split and can then put four units on a lot and can go four feet to the side and the back. She thought it was in the best interest of residents to get lists of preapplications as well as applications. She wondered how the Council would be dealing with this.
Town Attorney Silver commented that they do not expect to get pre-applications for SB 9 projects since it is a ministerial process. They generally only receive pre-applications for more comprehensive, ASCC-type of projects.
ADJOURNMENT [ 11:14 p.m.]
30 _____________________________ _________________________ Mayor Town Clerk
apachreg Town of Portola Valley ntanori 02/04/2022 11:29 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 1867 9 ACUITY BRANDS TECHNOLOGY SVC 3,495.00 02/09/221868 78 CALIFORNIA WATER SERVICE CO 2,397.52 02/09/221869 79 CALIFORNIA WATER SERVICE CO 2,166.00 02/09/221870 124 COMCAST 188.16 02/09/221871 135 CSG CONSULTANTS INC 6,736.75 02/09/221872 158 DFM ASSOCIATES 83.32 02/09/221873 177 EXPRESS PLUMBING-EPS INC. 550.00 02/09/221874 195 GOOD CITY COMPANY 27,183.75 02/09/221875 196 GOOD ROOTS EVENTS INC 2,772.50 02/09/221876 212 G. BORTOLOTTO & CO 92,998.83 02/09/221877 218 MISSIONSQUARE RETIREMENT 13,804.50 02/09/221878 234 J. W. ENTERPRISES 402.50 02/09/221879 262 JORGENSON SIEGEL MCCLURE & FLE 46,218.75 02/09/221880 275 KRUPKA CONSULTING 4,536.54 02/09/221881 276 KUTZMANN & ASSOCIATES 3,588.35 02/09/221882 283 LEAGUE OF CALIFORNIA CITIES 100.00 02/09/221883 323 MIG-TRA 3,621.25 02/09/221884 324 MIRANDAS LANDSCAPE 9,947.00 02/09/221885 330 NAVIA BENEFIT SOLUTIONS 1,000.00 02/09/221886 332 N.C.E. 540.00 02/09/221887 351 PARAGON CUSTOM BUILDERS 252.50 02/09/221888 357 PENINSULA CUSTOM HOMES 401.00 02/09/221889 368 PG&E 2,166.00 02/09/221890 375 PLATINUM FACILITY SERVICES 4,936.68 02/09/221891 390 REYNOLDS CONSTRUCTION 730.00 02/09/221892 421 SCOTT WEBER 180.41 02/09/221893 428 SHARP BUSINESS SYSTEMS 62.27 02/09/221894 431 SIERRA PACIFIC TURF SUPPLY INC 187.82 02/09/221895 445 STANDARD INSURANCE CO. 572.52 02/09/221896 447 STAPLES CREDIT PLAN 31.94 02/09/221897 448 STATE COMP INSURANCE FUND 9,098.73 02/09/221898 459 SWRCB - STATE WATER RESOURCES 7,067.00 02/09/221899 505 WOODSIDE FIRE PROTECTION DISTR 34,274.11 02/09/221900 518 GOT GOPHERS? 525.00 02/09/221901 642 CYBERTARY.COM 2,174.37 02/09/221902 712 BAYSIDE EQUIPMENT COMPANY 275.41 02/09/221903 725 BROOKTROUT DESIGN 1,000.00 02/09/221904 732 JOHN BADGER 616.80 02/09/221905 750 TERRY LEE 173.87 02/09/221906 752 FEHR & PEERS 5,906.25 02/09/221907 780 LUX CONCEPT INTERIORS/TKB SUPP 328.53 02/09/221908 781 CITY RISE INC 686.37 02/09/221909 782 JEFFREY JORDAN 1,331.25 02/09/221910 783 JAMES LUSSIER 162.50 02/09/221911 784 JOSHUA PORTNER 531.25 02/09/22
apachreg Town of Portola Valley ntanori 02/04/2022 11:29 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 1912 785 MUSTAFA SULEYMAN 521.50 02/09/22Check totals: 296,524.80ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 296,524.80Check totals: 296,524.80ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 296,524.80
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apapdinv2 ntanori Town of Portola Valley Page 1
11:30 02/04/22 Paid Invoices by Date
From: 02/09/2022 to 02/09/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 9 ACUITY BRANDS TECHNOLOGY SVC
02/09/22 1867 3,495.00 3,495.00 E2022-370
Vendor: 78 CALIFORNIA WATER SERVICE CO
1868 Water Service 12/10/21 - 01/11/22 2,397.52 2,397.52 DEC-2021 Vendor: 79 CALIFORNIA WATER SERVICE CO
1869 Deposit Refund, 40 Sioux 2,166.00 361.00 PW0047-2019 Deposit Refund, 15 Alhambra 326.25 PW0075-2019Deposit Refund, 121 Cima 361.00 PW0085-2019Deposit Refund, 480 Westridge 430.50 PW0066-2019Deposit Refund, 115 Meadowood 361.00 PW0088-2019Deposit Refund, 358 Alamos 326.25 PW0077-2019 Vendor: 124 COMCAST
1870 WIFI 01.21.22 - 02.20.22 188.16 188.16 1945-FEB22
Vendor: 135 CSG CONSULTANTS INC
1871 FY20-21 Revised Invoices 6,736.75 6,736.75 FY20-21_REVISED Vendor: 158 DFM ASSOCIATES
1872 2022 Election Code Book 83.32 83.32 2022_CODE_BK
Vendor: 177 EXPRESS PLUMBING-EPS INC.
1873 Library Sewer Main Line 550.00 550.00 26640
Vendor: 195 GOOD CITY COMPANY
1874 Planning Consultant Svcs - December 27,183.75 27,183.75 2577 Vendor: 196 GOOD ROOTS EVENTS INC
1875 Farmers Market: Music, Festivals/Events 01/21 - 05/21 2,772.50 1,262.50 PVFM2101 Farmers Market: Music, Giveaways 06/21 - 12/21 1,510.00 PVFM 2102 Vendor: 212 G. BORTOLOTTO & CO
1876 Progress Payment - Street Resurfacing Project 2021 - 2022 92,998.83 92,998.83 4935 Vendor: 218 MISSIONSQUARE RETIREMENT
1877 Defer Comp, Q4_21 13,804.50 13,804.50 Q4_21
Vendor: 234 J. W. ENTERPRISES
1878 Portable Lavs - January 402.50 402.50 237707
Vendor: 262 JORGENSON SIEGEL MCCLURE & FLE
1879 November Statement 46,218.75 26,665.00 NOV-2021
.
apapdinv2 ntanori Town of Portola Valley Page 2
11:30 02/04/22 Paid Invoices by Date
From: 02/09/2022 to 02/09/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/09/22 1879 December Statement 46,218.75 19,553.75 DEC-2021 Vendor: 275 KRUPKA CONSULTING
1880 On-Call Traffic and Transportation, 12/1 - 12/31/21 4,536.54 4,536.54 1308 Vendor: 276 KUTZMANN & ASSOCIATES
1881 December Plan Checks 3,588.35 3,588.35 75591
Vendor: 283 LEAGUE OF CALIFORNIA CITIES
1882 Annual Dues Peninsula Division FY-2022 100.00 100.00 1671 Vendor: 323 MIG-TRA
1883 Consulting Svcs - Nov. 2021, Spring Ridge/Neely 3,621.25 3,621.25 0072732 Vendor: 324 MIRANDAS LANDSCAPE
1884 Fields Renovation Work - Fall 2021 9,947.00 9,947.00 2263 Vendor: 330 NAVIA BENEFIT SOLUTIONS
1885 Annual Plan Year Fee FY21 - 22 1,000.00 1,000.00 10406634 Vendor: 332 N.C.E.
1886 2020 Street Resurfacing Project Through 01/14/2022 540.00 540.00 424245515 Vendor: 351 PARAGON CUSTOM BUILDERS
1887 Deposit Refund, 127 Ash 252.50 252.50 PW0008-2020
Vendor: 357 PENINSULA CUSTOM HOMES
1888 Deposit Refund, 4678 Alpine 401.00 401.00 PW0054-2019 Vendor: 368 PG&E
1889 Deposit Refund, 455/469 Minoca 2,166.00 611.00 PW0012-2019 Deposit Refund, 160 Fawn 111.00 PW0051-2019Deposit Refund, 1390 Westridge 361.00 PW0038-2019Deposit Refund, 157 Ramoso 361.00 PW0059-2019Deposit Refund, 191 Meadowood 250.00 PW0047-2018Deposit Refund, 480 Westridge 361.00 PW0068-2019Deposit Refund, 380 Escobar 111.00 PW0041-2019 Vendor: 375 PLATINUM FACILITY SERVICES
1890 January Janitorial Svcs 4,936.68 4,488.67 42924
January Friday Disinfection Svcs COVID-19 448.01 42925
Vendor: 390 REYNOLDS CONSTRUCTION
1891 Deposit Refund, 480 Westridge 730.00 730.00 PW0055-2019
.
apapdinv2 ntanori Town of Portola Valley Page 3
11:30 02/04/22 Paid Invoices by Date
From: 02/09/2022 to 02/09/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 421 SCOTT WEBER
1892 Reimbursement - Work Boots 180.41 180.41 FRRS-22-2 Vendor: 428 SHARP BUSINESS SYSTEMS
1893 December Copies 62.27 62.27 9003647878
Vendor: 431 SIERRA PACIFIC TURF SUPPLY INC
1894 187.82 187.82 0613231-IN
Vendor: 445 STANDARD INSURANCE CO.
1895 LTD/Life Premium 572.52 572.52 2022-JAN
Vendor: 447 STAPLES CREDIT PLAN
1896 December Statement 31.94 31.94 2814-DEC21
Vendor: 448 STATE COMP INSURANCE FUND
1897 Workers Compensation Coverage Premium 9,098.73 9,098.73 802090742 Vendor: 459 SWRCB - STATE WATER RESOURCES
1898 Annual Permit Fees FY21 - 22 7,067.00 7,067.00 SW0222923 Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
1899 10/8/21-12/31/21 Fire Mitigation Support Crew Roadside Veg 34,274.11 34,274.11 WFPD CREW-1011 Vendor: 518 GOT GOPHERS?
1900 Town Fields Gopher Trapping - January 2022 525.00 525.00 23600 Vendor: 642 CYBERTARY.COM
1901 December Transcription Svcs 2,174.37 2,174.37 4478 Vendor: 712 BAYSIDE EQUIPMENT COMPANY
1902 New TH Generator Battery 275.41 275.41 79284
Vendor: 725 BROOKTROUT DESIGN
1903 Schoolhouse AV/ZOOM Room Equipment 1,000.00 1,000.00 INV-000019 Vendor: 732 JOHN BADGER
1904 Reimbursement - Town Picnic 10/21 616.80 616.80 REIMB_10-22-21 Vendor: 750 TERRY LEE
1905 Deposit Refund, 10 Ohlone 173.87 173.87 BLDR0124-2019 Vendor: 752 FEHR & PEERS
1906 PV Evacuation Study 11/27/21 - 12/31/21 5,906.25 5,906.25 151484
.
apapdinv2 ntanori Town of Portola Valley Page 4
11:30 02/04/22 Paid Invoices by Date
From: 02/09/2022 to 02/09/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 780 LUX CONCEPT INTERIORS/TKB SUPP
1907 New Womens Restroom Toilet 328.53 328.53 1117
Vendor: 781 CITY RISE INC
1908 Deposit Refund, 22 Valley Oak 686.37 392.50 PW0069-2019 Deposit Refund, 235 Nathhorst 293.87 PW0028-2018
Vendor: 782 JEFFREY JORDAN
1909 Deposit Refund, 50 Paso Del Arroyo 1,331.25 612.50 BLDR0050-2021 Deposit Refund, 50 Paso Del Arroyo 718.75 PLN_ARCH0010-20 Vendor: 783 JAMES LUSSIER
1910 Deposit Refund, 91 Hillbrook 162.50 162.50 PW0018-2020 Vendor: 784 JOSHUA PORTNER
1911 Deposit Refund, 333 Canyon 531.25 531.25 PLN_PAR0011-202 Vendor: 785 MUSTAFA SULEYMAN
1912 Deposit Refund, 518 Cresta Vista 521.50 521.50 PW0092-2019 Check Date Totals 296,524.80
Grand Total 296,524.80
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
February 9, 2022
Claims totaling $296,524.80 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Sharon Hanlon, Town Clerk Mayor
1 Sharon Hanlon
A new entry to a form/survey has been submitted.
Form Name: Committee Application
Date & Time: 01/10/2022 10:19 AM
Response #: 150
Submitter ID: 6060
IP address:
Time to complete: 8 min. , 19 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(○) Nature & Science
Applicant Information
Full Name Tedi Park
Email Address
Street Address Los Trancos Circle
City/Zip Portola Valley
Number of years in
Portola Valley
6 Cell Phone
Home Phone
Other Phone Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(○) Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I am a junior in high school at TIDE Academy which is a science focused small public high school. I am interested in nature and science and how through education we can make social change that addresses public policy issues related to science and technology. I believe Portola Valley can help educate the youth in our community about nature and science issues so that our generation is empowered to make better choices that will impact our collective future.
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
Not answered
TIME COMMITMENT: Generally committees meet monthly and require a significant time commitment and participation at regular meetings. Please consider this level of commitment when evaluating your interest in serving on one of the Town's Committees.
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Melvin E. Gaines, Assistant Town Manager
DATE: February 9, 2022
RE: Resolution Authorizing Three-Year Agreement with Tyler Technologies, Inc. for the Software as a Services Version of their EnerGov/Enterprise Permitting and Licensing Program
RECOMMENDATION
Staff recommends that the Town Council authorize the Town Manager to execute a threeyear Agreement with Tyler Technologies, Inc., for the use and implementation of the Software as a Service (SaaS) version of their EnerGov/Enterprise Permitting and Licensing program.
BACKGROUND
The Town’s Use of EnerGov Software
Tyler Technologies, Inc. produces permitting, licensing, and asset management software called EnerGov. This software will be referred to as “EnerGov” in this report; however, Tyler Technologies, Inc. will rebrand EnerGov software as “Enterprise Permitting and Licensing” by the end of February 2022. This rebranding will only change the software’s name and will not modify its function.
The Town has used EnerGov to manage planning, building and public works applications and permitting processes, including deposits and billing, since 2016. In addition, EnerGov is used for permit inspection management (i.e., all of inspection results are logged in EnerGov).
EnerGov allows Town staff to manage application materials and track how projects progress through the permitting process. The Town previously used an Access Database developed by former Councilmember, Ed Davis, to manage planning and building applications, but transitioned to EnerGov in Fiscal Year 2015-16 when the Access Database was no longer compatible with the current version of Windows installed on the computers at the time.
Software Upgrade Necessary
The version of EnerGov that the Town currently uses is installed on-site on Town servers.
The Town is responsible for facilitating any necessary software fixes including program access, availability, performance, security and upgrades. The Town’s current on-premise, town-hosted, EnerGov software version is in need of upgrade due to incompatibilities with
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
other software programs including ArcGIS and Microsoft Silverlight. Staff reviewed the options with Tyler Technologies, Inc., including both continuing with the on-premise version of EnerGov and moving to their cloud-based version “Software as a Service” (SaaS).
Continued use of EnerGov
At this time, staff recommends continued use of EnerGov rather than exploring a transition to another software. The Town has used EnerGov since 2016 and staff is confident that the transition to the cloud-based version will provide much needed efficiencies for both staff and the public. Selecting a new software vendor would require extensive time to solicit proposals, select a vendor and award an agreement. There would also be considerable time required to transition records from EnerGov to another vendor and train staff to use new software.
Considering staff’s familiarity with EnerGov, the ease of migrating records from the Town’s existing EnerGov software to the cloud-based EnerGov, the anticipated transition timeline and Town staff’s satisfaction with EnerGov, staff recommends continued use of EnerGov.
DISCUSSION
The SaaS version of EnerGov offers advantages to the Town that the on-premise version installed on Town servers does not. Such advantages include automatic software updates and bug fixes and upgrades, offsite/web-based servers for storing records, and the ability for staff to access the software remotely without needing to remote into the Town’s server and then the on-premise EnerGov server.
Offsite data storage and remote access are also of greater importance in 2022 than in previous years given the increased frequency of staff working remotely due to the COVID-19 pandemic and the Town’s needs to have offsite data storage as a disaster preparedness measure. Tyler Technologies Inc. providing automatic updates and bug fixes also lightens the demands of the Town’s Information Technology (IT) contractor. In addition, the SaaS version of EnerGov offers a streamlined interface that guides staff through the permitting process and will be easier for new staff and staff unfamiliar with the system to navigate.
At the January 23, 2019, Town Council meeting, staff presented the following “Guiding Philosophy on Software Purchases,” which outlines staff’s operating philosophy for purchasing and implementing new software:
• Providing a better user experience for residents, town businesses and contractors. • Providing staff members with the tools they need to efficiently and accurately perform their job duties.
• Moving from desktop software to cloud-based to avoid fees for major upgrades. • Moving from one-time purchases to subscription-based. • Reducing or shifting staff time to more efficient or higher-purpose tasks.
The transition to the SaaS version of EnerGov is in line with this guiding philosophy:
• Provide better user experience for residents, town businesses and contractors: staff plans to implement that Citizen Self Service portal that gives constituents and contractors dynamic access to information and enables them to perform a wide range of tasks at the click of a button. Citizens and contractors
will be able to search for a parcel, apply for a permit, request an inspection, pay invoices, and more — 24/7/365.
• Provide Staff with Tools: the SaaS version of EnerGov has a user friendly interface that will guide staff through data entry required for applications and permit issuing; in addition, navigation within the software and report-pulling will be easier.
• Cloud-based, subscription-based: The SaaS version of EnerGov is cloudbased, and subscription based, so there are no issues with upgrades and/or backups. In addition, IT staff won’t be needed to “open the portal” to the server for bug fixes, report pulling, annual permit numbering updates, etc., and staff won’t be required to review software upgrades in a “testing” environment before deployment.
• Reducing or shifting staff time to more efficient or higher-purpose tasks: in addition to a reduction in staff time because of citizens having access to their files, payment processing, etc., the workforce apps that are part of the SaaS upgrade will allow inspectors to enter the results of their inspections real-time rather than contacting internal staff to do the updates.
Agreement Term/Cost
Staff successfully negotiated a three-year agreement with EnerGov, rather than the suggested five-year agreement, at the same fixed cost. This will allow for a comprehensive and thoughtful review of software over the next three years, including opportunities for consolidation of software. In addition, staff also negotiated the deployment of the e-Review extension to Fiscal Year 2022-23 to offset the cost of implementation and training, as well as to provide the Planning, Building and Public Works staff time to acclimate to the cloud-based version before accepting permits electronically via the new system.
Table 1, below is a cost-comparison between the on-premise version of EnerGov and the SaaS version. The on premise version of EnerGov costs the Town $7,000 annually in addition to a $3,000 cost for ArcGIS to be hosted by Lynx (the Town’s GIS consultant). For the Saas version of EnerGov, the FY 2021-22 costs are $21,049. This includes savings from the Town delaying use of the EnerGov e-Review function ($6,400), savings from switching from the server based ArcGIS hosted by Lynx to ArcGIS online ($1,250), and a $2,310 prorated refund from Tyler Technologies Inc. for the on-premise EnerGov software. This amount also includes costs of $500 for ArcGIS online. In fiscal years 2022-23 and 2023-24, the annual SaaS EnerGov costs be $21,499 ($20,099 for EnerGov and $500 for ArcGIS online.
Table 1: SaaS EnerGov Costs Compared to On-Premise EnerGov Costs Transition to SaaS Costs
Existing
Annual OnPremise Costs
FY 21-22 FY 22-23 SaaS FY 23-24 SaaS Annual - OnPremise Software Subscription $14,599 $14,599 $14,599 0
e-Review Extension -$6,400 $6,400 $6,400 0
SaaS Implementation (only
pay for time used) $11,470 0 0 0
Staff Training $4,440 0 0 0
Agreement Costs $24,109 $20,099 $20,099 0
ArcGIS online $500 $500 $500
ArcGIS hosting Lynx -$1,250 0 0 $3,000
On-Premise
Software/Server -$2,310 0 0 $7,000
Onsite IT Support 0 0
difficult to
quantify
Onsite Server/Equipment 0 0
difficult to
quantify
Other Costs -$3,060 $500 $500 0
Total Costs $21,049 $21,499 $21,499 $10,000
Budget = CIP ARPA Funds $21,000
Budget = Annual OnPremise $7,000
Budget = ArcGIS hosting $3,000
Budget Impact -$9,951
FISCAL IMPACT
The FY 2021-22 EnerGov agreement costs will be $24,109. The Town will also achieve savings of $3,060 from transitioning to SaaS EnerGov as described in Table 1, above. The net FY 2021-22 costs are $21,049. The FY 2021-22 budget includes $21,000 in ARPA funds for the transition to the SaaS version of EnerGov in addition to General Funds of $7,000 for maintenance of the on-premise EnerGov software and $3,000 for Lynx hosted ArcGIS. No additional appropriations are necessary for this agreement in FY 2021-22.
In fiscal years 2022-23 and 2023-24, the annual agreement will costs $20,099 in addition to $500 for ArcGIS Online. These amounts will be included in the proposed budget for each respective fiscal year.
ATTACHMENTS
1. Resolution
2. Tyler Technologies, Inc. Software as a Service Agreement
RESOLUTION NO. __________-2022
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
AUTHORIZING THE TOWN MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE USE AND IMPLEMENTATION OF
THEIR ENERGOV/ENTERPRISE PERMITTING AND LICENSING SOFTWARE WHEREAS, the Town of Portola Valley has utilized Tyler Technologies’ EnerGov/Enterprise Permitting and Licensing Software (EnerGov) since 2016; and WHEREAS, the Town’s current on-premise, town-hosted EnerGov software version is in need of upgrade due to incompatibilities with other software programs including ArcGIS and Microsoft Silverlight; and
WHEREAS, the Town has identified a need for purchasing and implementing software that provides a better experience for external users, provides staff with tools to efficiently and accurately perform their job duties and moves to cloud-based software that is hosted off-site and can be accessed remotely; and
WHEREAS, Tyler Technologies produces a cloud-based Software as a Service (SaaS) version of their EnerGov software that serves as an upgrade to the Town’s existing on-premise hosted EnerGov software, which can be accessed remotely and provides offsite data storage, and
WHEREAS, the Town Council of the Town of Portola Valley has read and considered that SaaS Agreement between the Town and Tyler Technologies and wishes to upgrade its EnerGov software to the SaaS version.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Portola Valley approves and authorizes the Town Manager to execute a three-year agreement with Tyler Technologies, Incorporated, for the use and implementation of the SaaS version of their EnerGov/Enterprise Permitting and Licensing program.
PASSED AND ADOPTED this 9
th Day of February 2022.
__________________________
Mayor
ATTEST:
_________________________
Town Clerk
ATTACHMENT #1
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement. “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
“Client” means Town of Portola Valley, California.
“Data” means your data necessary to utilize the Tyler Software. “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains EnerGov labeled software, defined users mean the maximum number of named users that are authorized to use the EnerGov labeled modules as indicated in the Investment Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party Software.
“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
ATTACHMENT #2
•• ••
...
• ••
..
•
····=. tyler ···· • technologies
2 “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
“Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware. “Third Party Services” means the third party services, if any, identified in the Investment Summary.
“Third Party Software” means the third party software, if any, identified in the Investment Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation. “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.
3 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
4 either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutPage 55 5 us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary, if any.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Any travel arrangements that will require costs to be incurred by Client shall be preauthorized by Client. Therefore, if Client cancels services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project
6 deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Any travel arrangements that will require costs to be incurred by Client shall be pre-authorized by Client. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
7 SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is for three years commencing on the first day of the first
8 month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will terminate unless renewed by mutual agreement of the parties.
Client’s timely payment of any renewal invoice and Tyler’s acceptance of such payment will indicate the parties’ desire to enter into a one (1)-year renewal term (“Renewal Term”). Each Renewal Term shall be governed by the terms and conditions in this Agreement at the pricing set forth in that year’s renewal invoice. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
9 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
1.5 Sections 1.1 – 1.2 shall survive termination of this Agreement and, in the event of termination, are your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
10 YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
11 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are
13 reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
SIGNATURE PAGE TO FOLLOW; REMAINDER OF PAGE INTENTIONALLY BLANK
14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. Town of Portola Valley, California By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. Town of Portola Valley
One Tyler Drive 765 Portola Rd.
Yarmouth, ME 04096 Portola Valley, CA 94028-1700
Attention: Chief Legal Officer Attention: Assistant Town Manager Jisel Lopez
Sr. Corporate Attorney
January 19, 2022
Town Manager
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Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
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2021-293464-X5X4H5 Page 1
Quoted By: Andrew Meyer
Quote Expiration: 7/1/22
Quote Name:
EnerGov SaaS Migration - 3 yr.
Term
Sales Quotation For:
Town of Portola Valley
765 Portola Rd
Portola Valley CA 94028-7205
Phone: +1 (650) 851-1700
Tyler SaaS - SaaS - Silver
Description Term Monthly Fee Users/Units Annual Fee
Civic Services Core Software
EnerGov Community Development Suite $ 178 5 $ 10,655
Civic Services Extensions
EnerGov Citizen Self Service - Community Development $ 762 1 $ 9,142 EnerGov e-Reviews $ 761 1 $ 9,130
EnerGov IG Workforce Apps $ 52 2 $ 1,236
Sub-Total: $ 30,163
Less Discount $ 9,164
TOTAL 3 $ 20,999
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2021-293464-X5X4H5 Page 2
Professional Services
Description Quantity Unit Price
Extended
Price Maintenance
Professional Services
Professional Implementation Services - Remote 50 $ 185 $ 9,250 $ 0 Project Management Services 12 $ 185 $ 2,220 $ 0
Training & Production Support Services - Remote 24 $ 185 $ 4,440 $ 0 Project Management Services (SaaS Migration) 1 $ 0 $ 0 $ 0 TOTAL: $ 15,910 $ 0
Transaction Fees
Descripton
Tyler Payments
EnerGov Tyler Payments
EnerGov Tyler Payments POS
Summary One Time Fees Recurring Fees
Total SaaS $ 20,999
Total Services $ 15,910 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 15,910 $ 20,999
Contract Total $ 36,909
Optional Tyler SaaS - SaaS - Silver
2021-293464-X5X4H5 Page 3
Description Term Monthly Fee Users/Unit Annual Fee
Civic Services Extensions
EnerGov Community Development SDK $ 762 1.0 $ 9,142
Sub-Total $ 9,142
Less Discount $ 2,743
TOTAL 3 $ 6,399
Your use of Tyler Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/paymentcard-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Tyler Payments fee schedule. eReviews enables electronic review and markup of submitted plans and other documentation by client personnel. eReviews requires Bluebeam Studio Prime, at an estimated yearly subscription cost of $3,000/100 users to be purchased separately by Client. iG Workforce - iG Inspect and iG Enforce provide a mobile solution for field personnel to capture inspection and code data remotely. Tyler will assist to connect iG Apps to the EnerGov suite, and support testing. These applications are available on IOs. The client is responsible for ensuring the app(s) are downloaded and kept up to date on client utilized hardware.
EnerGov Software Development Kit (SDK) Implementation & Support Services provided by Tyler are limited to installation of the API and guidance to the Client's integration development resources. Tyler does not provide integration development services for EnerGov API/SDK toolkits. The Client (or a selected third party integrator) will perform all development work against the API/SDK.
2021-293464-X5X4H5 Page 4
Payer Electronic Payment Costs
If passing transaction costs to the payer
Pa yer Card Cost- Service Fee - per card transaction with Visa, 3.95% MasterCard, Discover, and American Express for non-utility online $6.95 minimum transactions and all in-person transactions
Pa~er eCheck Cost - per electronic check transaction $1.95 Miscellaneous Costs
Credit Card Charqebacks - if a card payer disputes a transaction at $15.00 the card issuing bank (e.g. stolen card)
eCheck Reiects - when an eCheck transaction comes back as $5.00 declined (e.g. bounced check)
Card Terminal Rental-Annual recurring fee per device. Covers cost Lane 3000: $396 (annual recurring) of PCI compliance, service, maintenance, real-time integration and Lane 5000: $456 (annual recurring) support
Card Terminal Purchase - Ma intenance fee is an annual fee per Lane 3000: $419 (one-time fee) device. Covers cost of PCI compliance, service, maintenance, real- Lane 5000: $529 (one-time fee) time integration and support Plus $180 Device Annual Support
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Provided, however, that year one (1) SaaS fees for the EnerGov e-Reviews software will be invoiced on July 1, 2022 and prorated through the end of the current SaaS term. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.
2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may •• ••
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Exhibit B
2 still report Defects to us as set forth in this Agreement.
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule A and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit for the maintenance and support fees prepaid for the Tyler Software for the time period commencing on the first day of the SaaS Term.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1 Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned •• ••
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Exhibit C
2 Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable during the maintenance window.
Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support*:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption.
Support Availability
Standard Support
Tyler Technologies standard support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Additionally, some clients may obtain support for certain Tyler solutions outside of standard times as further detailed below. Availability and cost of support outside of standard times is at Tyler’s discretion. Tyler’s holiday schedule is outlined below. There will be no standard support coverage on these days.
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Exhibit C
Schedule 1
2 New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
Support Outside of Standard Times
For clients who obtain 24 x 7 support, we will provide you with procedures for contacting support staff outside standard support times for reporting Priority Level 1 Defects only. Upon receipt of such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
For some Tyler solutions, we will also make commercially reasonable efforts to be available for one prescheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of multiple
essential system functions.
Tyler shall provide an initial response to Priority
Level 1 incidents within one (1) business hour of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within one (1) business day. For nonhosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in
restoring its last available database.
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Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets 2 High
Support incident that causes (a)
repeated, consistent failure of essential
functionality affecting more than one
user or (b) loss or corruption of data.
Tyler shall provide an initial response to Priority
Level 2 incidents within four (4) business hours of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within ten (10) business days. For nonhosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in
restoring its last available database.
3 Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one
user or for which there is an existing
circumvention procedure.
Tyler shall provide an initial response to Priority
Level 3 incidents within one (1) business day of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack. For nonhosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in
restoring its last available database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority
Level 4 incidents within two (2) business
days. Tyler shall use commercially reasonable
efforts to resolve such support incidents, as well as
cosmetic issues, with a future version release.
Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues
(3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods:
Exhibit C
Schedule 1
4 (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client’s database, process, or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
Exhibit D
1 Exhibit D
Third Party Terms
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Exhibit E
1 Exhibit D
Schedule 1
Hyperlinked Terms
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.
Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Quatred solutions provided to you by Tyler, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms. Electronic Warrants
Modria
Odyssey Notifications Add On (text notifications)
ReadySub
Tyler ACFR
Tyler Notify
Tyler Jury Manager
Tyler Supervision
Virtual Court
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: February 9, 2022
RE: COVID Vacation Accrual Policy
RECOMMENDATION
Adopt a policy implementing Limited COVID Vacation Accrual Policy allowing options to restore and extend time to use, or cash out, up to a maximum of 60 hours of vacation to employees with expired or exceeded benefits lost between March 1, 2020 through December 31, 2021 due to unusual staff demands under COVID-19 essential work requirements and emergency response.
BACKGROUND
As a result of the COVID-19 pandemic, Town Staff was unable to use their Vacation Leave, which in some cases caused employees to exceed caps related to their vacation accrual limit.
DISCUSSION
It is without question that COVID-19 made 2020-21 exceptionally challenging years for the organization due to: a) the long-term, sustained diversion of staff resources for direct response; b) diversion related to administration over the emergency response, or c) direct workload impacts due to Stay-at-Home Order and subsequent Town Hall closures.
Despite this, it is notable that during the last two years Town Staff also advanced several projects and Council priorities; and as a result staff in critical or impacted positions were unable to take much-needed vacation time off at an adequate pace to keep certain employees from losing benefits.
Vacation Leave Benefits
Under the adopted Personnel Policies Manual, Section 7.6 provides the following vacation benefit accruals language.
The purpose of annual vacation leave is to enable each eligible Employee to return to his/her work mentally and physically refreshed. All Regular Employees are entitled to annual vacation leave with pay. Vacation time is credited on the first payroll date of employment and every pay period thereafter for each Regular Employee.
TOWN OF PORTOLA VALLEY
STAFF REPORT
COVID Vacation Accrual Policy
February 9, 2022
Vacation leave is earned at a monthly pro-rated amount depending upon years of service and full or part time status as described in Section 8.5.2. Employees are eligible to take vacation as soon as they have accrued it, unless otherwise authorized by the Town Manager. Vacation leave is credited as follows:
Years of Service Days of Vacation
Accrued Annually
1 through 5 10
6 through 10 15
11 + 20
Use of vacation leave earned in a given year may be deferred to the following year.
However, at no time may an Employee accrue more vacation days than double the Employee’s current annual accrual rate. When the Employee reaches the allowed maximum accrual, s/he will cease earning vacation until the vacation leave balance falls below the maximum accrual amount.
Sale of Accrued Vacation Hours
Under the adopted Personnel Policies Manual, Section 7.6.2 provides the following sale of accrued vacation leave benefit language.
Employees may elect, once per calendar year, to sell back to the Town accrued, but unused vacation. The election must be made on or before April 30th of each calendar year and payout will occur no later than May 31st of the same calendar year. The Employee will be compensated for such vacation hours at the compensation rate in effect for that Employee at the time the hours are sold to the Town. The minimum number of hours that can be sold to the Town annually for the cash equivalent is ten (10) hours, and the maximum number of hours that can be sold is the total number of hours the Employee is eligible to accrue in a one-year period.
Staff is recommending implementing a Limited COVID Vacation Accrual and/or Cash-Out Policy. This authority would permit any employee who exceeded the maximum vacation accrual limit, between March 1, 2020 and January 31, 2021 to elect to either receive compensation in lieu of exceeded and lost vacation leave credits or the option to restore and extend time to use the benefits – up to a maximum of 60 hours of vacation leave benefits per employee as follows;
Employees who lost, or are estimated to lose Vacation Leave due to exceeding the allowable vacation cap between March 1, 2020 and December 31, 2021 will be allowed to either cash-out or roll over and extend up to a maximum of 60 hours of vacation leave time. Leave extended under the policy must be used by no later than December 31, 2022 – no exceptions. The estimated maximum cost if estimated lost time were elected as the cash out option is $20,000.
COVID Vacation Accrual Policy
February 9, 2022
The Town values vacation and management leave and firmly believes that an employee’s ability to utilize their designated time-off is an important goal.
The Town Manager is seeking authority to provide additional, limited leave benefit authority due to the unique work and project circumstances created by responding to the COVID-19 pandemic emergency that resulted in noted increase in the depth and breadth of employees losing or exceeding vacation leave benefits.
FISCAL IMPACT
Total maximum estimated costs of $20,000 may be incurred to implement a Limited COVID Vacation Leave Policy to allow the option to restore and extend time to use, or cash out, up to a maximum of 60 hours of vacation leave to employees with expired or exceeded benefits lost between March 1, 2020 and December 31, 2021 due to unusual staff demands under COVID-19 essential work requirements and emergency response.
Staff believes this expenditure will be funded by the Coronavirus State & Local Fiscal Recovery Funds under the American Rescue Plan (ARPA).
PROCLAMATION
The Town of Portola Valley Designating February 2022 as
Black History Month
WHEREAS, in 1776, people envisioned the United States as a new nation dedicated to the proposition stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”; and WHEREAS, the Civil War and passage of the Thirteenth Amendment in 1865 legally ended 250 years of chattel slavery for African Americans in the United States, but Black Americans continued to face legal and cultural oppression and discrimination through the passage of the Voting Rights Act in 1965 and even into today; and WHEREAS, the success of our nation has only been possible through the contributions of Black residents and citizens throughout the history of the United States; and WHEREAS, National African American History Month first originated as Negro History Week in 1926 as part of an initiative by writer and educator Dr. Carter G. Woodson to recognize the heritage and achievements of African Americans and to enhance knowledge about African American history, and the national theme for 2022 is “Black Health and Wellness” highlighting the special health challenges that have faced the Black community; and WHEREAS, the rise in the number of African Americans elected to public office, as well as their growing contributions to the fields such as government, business, medicine, science, the arts, media, and education should be acknowledged, celebrated, and taught in our schools; and WHEREAS, on November 4, 2008, the people of the United States elected Barack Obama to be the first Black President of the United States and in 2020 elected Kamala Harris to be the first Black/South Asian American and first Black woman as Vice President of the United States; and WHEREAS, throughout the novel coronavirus pandemic the disproportionate hardships that Black Americans are burdened with have been brought to the forefront of national policy conversations; and WHEREAS, during the summer of 2020, Americans of all colors and creeds gathered together across the country to protest the continued mistreatment of Black residents and citizens of the United States and to support the Black Lives Matter movement.
NOW, THEREFORE, BE IT RESOLVED that the Portola Valley Town Council recognize the importance of Black History Month as an opportunity to reflect on the complex history of the United States while remaining hopeful and confident about the path ahead; we acknowledge the value of African American residents to the strength, health, and richness of the Town of Portola Valley; promote greater awareness, education, and celebration of Black History Month; and encourage schools and residents to join us in understanding and addressing the pernicious legacy of slavery and continued discrimination on the African American community and our society.
NOW, THEREFORE, the Town Council of the Town of Portola Valley, California hereby designates February 2022 as
Black History Month
___________________________
Craig Hughes, Mayor
February 9, 2022
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: February 9, 2022
RE: Adoption of Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely.
BACKGROUND
On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which went into effect on October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The bill extends the teleconference procedures authorized in Executive Order N-29-20 (which expired on September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill.
Effective October 1, 2021, cities must comply with AB 361 if they want to conduct entirely remote meetings.
AB 361 varies from Executive Order N-29-20 in several key areas, including:
· Scope: AB 361 applies to meetings during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. (“State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.) It also applies to other states of emergency proclaimed by the Governor where holding in person meetings would “present imminent risks to the health or safety of attendees”. An example of this is an ongoing wildfire in the area. The legislative body must make an initial finding that meeting in person would "present an imminent risk to the health or safety of attendees".
· Requirements during meeting: AB 361 requires several procedural safeguards, such as giving the public ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, requirement to stop meeting if call-in or internet-based option fails, comments may not be required to be submitted in advance, and pre-registrations (except as required by call-in or internet platform) are prohibited.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Resolution Confirming Need to Conduct Remote Public Meetings February 9, 2022
· Comment periods: Public members must be given a reasonable time to register to provide public comment and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired. · Renewal of emergency findings: If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.
DISCUSSION
Staff is planning on returning to in person meetings soon. However, some members of the Council, its commissions/committees, staff and the public may want to continue attending remotely. To accomplish this, staff has been working with a vendor to install equipment in the Schoolhouse to accommodate hybrid remote meetings. Until that service is installed, staff recommends that all public meetings continue to be remote.
SB 361 requires the Council to make a regular finding confirming the state of emergency and the need for continued remote hearings. Staff will therefore be agendizing this finding on every Council meeting agenda until a decision to transition to in person meetings has been made. Council will also be requested to make these findings on behalf of its commissions and committees as well, so there is a uniform policy on public meetings.
FISCAL IMPACT
There is no fiscal impact associated with continued remote meetings. There will be a cost associated with the new hybrid meeting platform and staff will be bringing forward a separate funding request for that contract.
ATTACHMENT
1. Resolution
1 RESOLUTION NO. ____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY CONFIRMING EXISTING STATE EMERGENCY AND AUTHORIZING CONTINUED REMOTE PUBLIC MEETINGS UNDER AB 361
The Town Council of the Town of Portola Valley does RESOLVE as follows:
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic and the State of Emergency remains in effect; WHEREAS, beginning in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting; WHEREAS, Executive Order N-08-21 extended the previous order until September 30, 2021;
WHEREAS, the Town Council and the Town’s boards, commissions, and committees have conducted their meetings virtually, as authorized by the Executive Order, since March 17, 2020;
WHEREAS, on September 16, 2021, the Governor signed into law AB 361, an urgency measure effective upon adoption, that provides flexibility to government bodies, allowing them to meet virtually without conforming to the Brown Act teleconferencing rules during a declared state of emergency if: (i) State or local officials have imposed or recommended measures to promote social distancing; (ii) the legislative body is meeting to determine whether, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees; or (iii) the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; WHEREAS, Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”) require certain employers to implement social distancing requirements in the work place during the current COVID-19 pandemic; the Santa Clara County Public Health Department currently recommends measures to promote social distancing in combination with other safety precautions when activities occur in shared indoor spaces to mitigate the risk of COVID-19 transmission; the San Mateo County Public Health Officer has directed face coverings to be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public; and on July 12, 2021, the Town Manager issued work place guidelines imposing safety protocols on persons attending Town Hall facilities; ATTACHMENT #1
2 WHEREAS, in the last few months, the Delta variant has surged in the United States and become the predominant COVID-19 variant, accounting for more than 99% of COVID19 cases and higher hospitalization rates; WHEREAS, the Delta variant is believed by medical experts to be twice as contagious as previous variants, and data has shown the variant has increased transmissibility even among some vaccinated people;
WHEREAS, due to uncertainty and concerns about the Delta variant and current conditions, many workplaces that had announced a return to regular in-person operations have pushed back the full return date until later in the year or next year; WHEREAS, virtual meetings have not diminished the public’s ability to observe and participate and have expanded opportunities to do so for some communities; and WHEREAS, given the heightened risks of the predominant variant of COVID-19 in the community, holding meetings with all members of the legislative body, staff, and the public in attendance in person in a shared indoor meeting space would pose an unnecessary and immediate risk to the attendees.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:
1. The Town Council adopts the recitals set forth above as findings of fact.
2. The Town Council hereby determines that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.
3. In accordance with AB 361, based on the findings and determinations herein, meetings of the Town Council and Town commissions and committees will be held virtually, with Brown Act teleconferencing rules suspended.
4. This resolution shall be effective upon adoption and remain in effect so long as the Council confirms the continuing state of emergency and need for remote meetings as required under AB 361.
PASSED AND ADOPTED this 9
th day of February, 2022.
By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Sharon Hanlon, Town Clerk
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jocelyn Swisher, Chair of the Ad Hoc Housing Element Committee DATE: February 9, 2022
RE: Housing Element Community Survey
RECOMMENDATION
The Ad Hoc Housing Element Committee recommends that the Town Council approve a community survey on the Housing Element update.
BACKGROUND
An update to the Housing Element has been underway since the summer of 2021, with anticipated adoption at the end of this calendar year.
Community input remains a critical component of the update process. While Housing Element Committee meetings have been well attended, additional engagement with the maximum number of residents remains a high priority.
At its January 31 meeting, the Ad Hoc Committee discussed the survey and the majority of the body recommended its production.
DISCUSSION
The survey was written and reviewed by Vice Mayor Wernikoff, Chair Swisher, and staff.
It is based on other similar surveys utilized by other cities, including a recent one by Mill Valley. In addition to the collection of valuable demographic information, identifying community priorities is the key feature of the survey.
Once approved, the survey will be sent to the community using all the Town’s communication tools. Results are expected to be made available at a meeting of the Ad Hoc Committee in late February/early March.
FISCAL IMPACT
None
ATTACHMENT
1. Survey
TOWN OF PORTOLA VALLEY
COMMITTEE REPORT
TOWN OF PORTOLA VALLEY
DRAFT Survey for Town Council Consideration
February 9, 2022
Under state law, each city and town in California must update the Housing Element of its General Plan every eight years. For a general introduction to the housing element update process, watch this video. With this update to the Housing Element, the Town is required to plan for 253 new housing units. In the past, the Town has relied on Accessory Dwelling Units (ADUs) to meet state housing obligations. With this update, additional approaches will be necessary to plan for the 253 unit target. These units are not required to be built by the Town, but state law requires the Town to designate suitable sites and update its policies accordingly. The Town Council has appointed a citizen committee to guide the planning process. For information on their work, please visit the Ad Hoc Housing Element Committee page of the Town’s website.
In Portola Valley, wildfire, geologic and evacuation safety will have the upmost priority in decision making. The Town would like input on what additional policies are important to you.
1. What is your connection to this Housing Element update survey? (select all that apply) Live in Portola Valley
Work in Portola Valley
Live and work in Portola Valley
Business owner in Portola Valley
Interested in Portola Valley housing issues
2. What is your living situation?
Own
Rent
Live with Friends or Family
Unhoused
Other
3. How long have you lived in Portola Valley?
0-5 years
6-10 years
11-20 years
21+ years
Don’t live here
4. What is your age?
Under 18
18-29
30-49
50-69
70+
Prefer not to answer
ATTACHMENT #1
5. Race and Ethnicity
American Indian / Alaskan Native
Asian
Black
Hispanic / Latino/x
Middle Eastern
Native Hawaiian / Pacific Islander
White
Prefer not to answer
6. What is your total household income?
Up to $46,000
$46,000-$73,000
$73,000-117,000
$117,000-120,000
$120,000-144,000
$144,000 or more
Prefer not to answer
7. As the Town works to identify parcels of land or “sites” for potential new homes to meet our housing mandate requirement, what are the preferred types of homes you would like to see built in Portola Valley? Choose all that apply Single-Family homes
Cluster of small cottages
Townhomes
Multi-family ownership homes (condominiums)
Multi-family rental homes (apartments)
Accessory Dwelling Units (in-law apartments, second units) Homes targeted for a specific purpose or population, including seniors, the local workforce, people with disabilities, permanent supportive housing (for people experiencing homelessness, transitional housing, etc.).
Other (fill in the blank)
8. There are many important factors to consider in our ability to meet the housing needs of our community. Identified below are some of the interests we have heard among the community. Please select the level (1-5) to which you agree, disagree or are neutral on the following statements:
a. Limit housing development in areas with higher wildfire and geologic risk. b. Support fair and equitable housing opportunities to reduce housing barriers related to race, color, sex, national origin, religion, familial status, household income and disability. c. Create affordable housing opportunities that will allow younger generations to stay and/or return to Portola Valley.
d. Create new housing opportunities that allow seniors to downsize and continue to live in the community.
e. Create housing opportunities that are affordable to the local workforce. f. Provided the sites have been analyzed for fire and geologic risk, integrate affordable housing throughout the community to create more mixed-income neighborhoods. g. Concentrate affordable housing in areas with closer access to commercial businesses and other amenities.
h. Maintain the Town’s open spaces, trails and recreational areas. i. Create incentives to build and rent out Accessory Dwelling Units to lower income community members and local workers.
j. Increase the maximum number of homes allowed on properties along Alpine Road and Portola Road.
k. Rezone properties occupied by churches, institutions or businesses to allow for new homes to be co-located on the property.
9. Are there other strategies that you believe the Town should consider? If yes, please provide examples or context of the strategy that should be considered to accommodate new housing in Portola Valley.
Open ended
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
Melvin E. Gaines, Assistant Town Manager
DATE: February 9, 2022
RE: Fiscal Year 2022-23 Council Priority Study Session
RECOMMENDATION
Staff recommends that the Town Council hold their first of two study sessions on the FY 2022-23 Council Priorities.
BACKGROUND
Since Fiscal Year 2015-16, the Town Council has undertaken a priority-setting process that consists of the Council identifying high-level Town priorities with specific efforts that support those priorities over the fiscal year. This selection of top priorities has been an effective way of directing resources, aligning staff efforts, and communicating clearly about the Town’s areas of focus. Council priorities guide the Town’s budget development and Town Council’s appropriation of budget resources.
Fiscal Year 2022-23 Budget Process
As with previous years, the formal kickoff of the annual budget process begins with a workshop between the Town Council and committees/commissions. This year’s workshop was held on January 26, 2022. This February 9, 2022, Council Priority Study Session is the second step in the Town’s annual budget process.
The planned Fiscal Year 2022-23 budget process includes the following public meetings:
• January 26, 2022, Annual Council/Committee and Commission Workshop • February 9, 2022, Fiscal Year 2022-23 Council Priority Study Session One • March 23, 2022, Fiscal Year 2022-23 Council Priority Study Session Two • May 11, 2022, Not for Profit Agency Funding Requests
• June 8, 2022, Proposed Fiscal Year 2022-23 Budget Hearing • June 22, 2022, Fiscal Year 2022-23 Budget Adoption
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
• September 14, 2022, Proposed FY 2022-23 Budget Revision Hearing • September 28, 2022, Fiscal Year 2022-23 Budget Revision Adoption
DISCUSSION
Fiscal Year 2021-22 Council Priorities Update
In April 2021, the Town Council adopted four Fiscal Year 2021-22 Council Priorities:
1. Wildfire/Emergency Preparedness
2. Land Use Project and Programs
3. Service Delivery Enhancements
4. Focus on Established Programming
With advisory committee/commission, public and Council input, Town staff identified priority efforts for the Town to undertake to support the four priorities during Fiscal Year 2021-22 (Attachment 1). At the current mid-point of Fiscal Year 2021-22, the Town has made significant progress toward implementing priority efforts. The majority of priority efforts are either completed or on track to be completed as scheduled. Attachment 2 to this report documents the Town’s progress toward each priority effort as of February 1, 2022.
Some Fiscal Year 2021-22 priority efforts have been delayed. Changes to policy and reallocation of resources have led the Town to modify the timelines for the following priority efforts:
• Priority: Wildfire/Emergency Preparedness
o Priority Effort: Design Guidelines Update to Support Wildfire Preparedness Efforts.
▪ Modification: Start date delayed. Expected to begin in earnest in Fiscal Year 2022-23
• Priority: Land Use Projects and Programs
o Priority Effort: Comprehensive General Plan Update
▪ Modification: Start date delayed. Expected to begin in late Fiscal Year 2022-23.
• Priority: Focus on Established Programming. Sustainability o Priority Effort: Develop Climate Action Plan for Town Council Adoption. ▪ Modification: Start date delayed. Anticipated start in May 2022.
Annual Council and Committee/Commission Workshop
At the January 26, 2022, Town Council meeting, committee/commission representatives shared their ideas for Fiscal Year 2022-23 activities and budget needs. Nine
committees/commissions participated in the meeting, collectively making $56,250 in budget requests. Minutes from the January 26 meeting are included as Attachment 3.
Committee/Commission proposed activities and budget requests are summarized in Table 1, below.
Table 1: Committee/Commission Proposed Activities and Budget Requests Town Operational Realities
For the Fiscal Year 2021-22 priorities, the Council authorized new staff positions and consultant support, particularly for the Planning and Building Department. The pressures on service delivery and overall service and applicant requests have remained high throughout Fiscal Year 2021-22.
Committee/Commission Proposed Activities Budget
Request
Nature and Science
Committee
Host four events: 1) Star Party, 2) Our Watery World,
3) Pollinators and Wildflower Seeds, and 4)
Compost Day
$1,500
Race and Equity Committee
Engage the community in conversations about bias,
attracting diverse residents, and the Town’s history.
Explore housing issues. Make recommendations to
the Town Council based on findings.
$1,750
Emergency Preparedness
Committee
Upgrade emergency communications radios to
digital radios. Participate in Town events such as
the Town Picnic. Maintain and expand emergency
supplies.
$10,000
Bicycle Pedestrian and
Safety Committee
Pedestrian safety study. Participate in the Housing
Element update process to opine on parking and
safe routes to school. Explore parking impacts of
the Town’s recreational uses.
-
Conservation Committee
Work with Town on a 5-year maintenance plan.
Work with Woodside Fire Protection District to
remove flammable and invasive trees. Conduct
community education efforts.
$5,000
Sustainability Committee
Revamp the Committee website/page. Explore
sustainability impacts of ADUs. Make available a
solar powered/battery storage demo unit to loan to
community members for community rental. Conduct
community education efforts.
$10,000
Parks and Recreation
Committee
Plan and execute Zots to Tots Race and the Town
Picnic. Update court usage policies and practices.
Examine field use fees. Explore options to establish
a Portola Valley dog park.
$22,000
Geologic Safety Committee
Participate in the evacuation study. Contribute to site assessments that include analysis of seismic
matters.
-
Trails Committee
Plan and implement a horse fair. Support the
Building and Planning Department to develop a
“trails check list” for ADU applications.
$6,000
As with last year’s report, the following remain true:
• PV Connect requests continue to increase; from 2019 to 2021, requests increased by 148% (329 to 816)
• More residents are participating in Council, commission, and committee meetings, which increases the desire for information about the Town’s programs and initiatives from both staff and committee volunteers.
• New services, such as in-house stormwater permitting monitoring, support for committees (communication and project support), open space property maintenance, technology to support increased participation and permitting, etc., have placed new requirements on staff.
Staff has also seen an increase in the complexity of the issues the Town is engaging on, the raw number of permit application conversations prior to submittal, and mandates from the state:
• The growth in complicated land use issues, many occurring at the same time, have required flexible staffing in the Planning and Building Department. • This complexity has resulted in increased participation by the Town’s committees to provide guidance and recommendations to the Town Council. • The number of land use permitting requests have grown, likely as a result of delayed projects due to the COVID-19 pandemic.
• In the last three years, changes to Accessory Dwelling Unit (ADU) law, hazard mitigation planning, and stormwater permit monitoring have been delegated to local jurisdictions, without any increased resources to support. • Local measures, such as organic approaches to rodents and trail maintenance, have increased staff time to address such matters.
Town staff expects to make recommendations in the upcoming budget process for positions and consultant assistance in Planning and Building, Public Works, and Administration.
Council Discussion of Potential Fiscal Year 2022-23 Priorities Staff recommends a robust Council discussion on potential priorities for the coming fiscal year. To assist with that discussion, staff has prepared ideas for Council consideration.
Staff seeks input and guidance from the Council on priorities for the upcoming fiscal year, which committee/commission projects should be supported in the Fiscal Year 2022-23 budget, and staff ideas.
As the Town continues to react to impacts from the COVID-19 Omicron surge and works toward a hopeful recovery to a “new normal” post-pandemic, staff recommends the Town continue to focus on core departmental responsibilities and competencies, as well as existing major projects that are expected to be implemented in Fiscal Year 2022-23.
The following are the four proposed Council Priorities with staff recommended priority efforts for Fiscal Year 2022-23.
1. Wildfire/Emergency Preparedness
a. Implementation of new/expanded Wildfire Preparedness Committee recommendations, including exploration of permanent funding source for wildfire adaptation/mitigation measures including public and private vegetation management
b. Completion and implementation of the State mandated the Safety Element c. Implementation of expanded home hardening and defensible space code updates, in conjunction with Woodside Fire Protection District efforts (including the review and adoption of Fire Code updates at the end of the calendar year)
d. Support of the resource grant from Community Partners Assistance for Wildfire (CPAW), including the potential for a Woodside Fire Protection District-wide Community Wildfire Protection Plan
e. Additional planning efforts, including detailed wildfire behavior modeling (either at the Town or Fire District level)
f. Implementation of and potential follow up work for the evacuation study g. Launching the Veoci virtual emergency operations center tool, and providing infrastructure support for WPV-Ready, as guided by the Emergency Preparedness Committee
h. Expanded vegetation management for wildfire mitigation, including targeted trees and the Town’s open space properties
i. Adoption of Fire Code Updates
j. Exploration of additional home hardening measures
k. Further exploration of undergrounding Town utilities
2. Land Use Projects and Programs
a. Stanford Wedge and other major projects
b. Housing Element Update
c. Design Guideline changes to support home hardening ordinance d. Provide support to Sustainability and Trails Committees to develop ADU checklists
e. Preparation work to support zoning code modernization efforts for FY 2023- 24 3. Service Delivery Enhancements
a. Supporting Town Council public engagement enhancement efforts b. Adjusting service delivery and implementing COVID responsive operations as necessary
c. Recruiting, hiring, and onboarding staff in Planning and Building and Public Works departments
d. Contracting with and managing necessary consultants to assist with major projects and reduce staff administrative responsibilities in order to focus on core service deliveries
i. Use of virtual assistant tools (in beta test at the time of this staff report’s publication) to focus limited staff resources on core responsibilities e. Implementing technological and software improvements to increase staff productivity and provide enhanced communications and greater transparency. This includes:
i. Implementation of the new cloud-based Energov permit tracking software.
ii. Adoption of project management tools
iii. Launching Veoci virtual emergency operations center tool iv. Website review and reorganization
f. Determining the appropriate service model and transitioning IT services from City of Redwood City.
g. Facility Maintenance – Develop a comprehensive multi-year facility maintenance program.
4. Sustainability
a. Climate action plan
b. Microgrid for Town Center Campus
i. Solar Panel upgrade for Town Center
c. Adoption of Green Building Ordinance
d. Adoption of Sustainability Committee recommendations Other projects that do not align with a particular priority will include updates to the Town’s building and engineering fees, exploration of two year budget and two year road maintenance programs, and dedicated funding for certain Town Center and field needs.
Staff requests that the Council provide guidance on the above draft Council priorities and priority efforts. Councilmembers should discuss whether they would like to remove or modify any of the proposed priorities or priority efforts and suggest any new priorities and priority efforts.
Next Steps
Town staff will evaluate the workload impacts and resource needs of proposed priority efforts and recommend Fiscal Year 2022-23 Council Priorities and priority efforts at the March 23, 2022 Council Priority Study Session Two.
FISCAL IMPACT
There is no fiscal impact associated with acceptance of this report and holding a study session on this topic. Staff will submit budget appropriation requests to the Town Council for approved priority efforts at the June 8, 2022 Town Council meeting when the proposed Fiscal Year 2022-23 budget hearing will be held.
ATTACHMENTS
1. FY 2021-22 Council Priorities
2. Mid-Year Update FY 2021-22 Council Priorities
3. January 26, 2022 Draft Council Meeting Minutes
Town of Portola Valley
FY 2021-22 Council Priorities: Mid-Year Update
Council Priority: Wildfire/Emergency Preparedness
Effort Mid-Year Update
a. Implement all recommendations from the Wildfire Preparedness Committee, including efforts by the Woodside Fire Protection District as designed by the Committee
All recommendations from the WPC that
are under Town control have been
implemented for short-term projects. The
WPC continues to work on two items that
have been presented to the WFPD, and
the Committee is engaged in funding
discussions for wildfire adaptation.
b. State Mandated Safety Element Update, for adoption in calendar year 2022 Underway, with anticipated adoption in the late fall of 2022.
c. Hazard Mitigation Plan Update (five-year cycle) for adoption in the summer of 2021
Adopted in January 2022
d. Implementation of a virtual Emergency Operations Center in the summer/fall of 2021
Initial implementation completed, and
further trainings are underway
e. Maximize resident familiarity with the Zonehaven evacuation tool over the fiscal year, and utilize its simulation functions to support evacuation planning efforts Ongoing
f. Support Emergency Preparedness Recommendations, including AM radio relocation, medical supplies refresh, Town emergency planning integration with WPV Ready, and general communications with residents
Ongoing
g. Design Guidelines Update to support Wildfire Preparedness efforts Will be undertaken in FY 2022-23 ATTACHMENT #2
Council Priority: Land Use Projects and Programs
Effort Mid-Year Update
a. Stanford Wedge and other major projects, each with their own unique timeline, with different requirements for review, some of which necessitate outside consultant assistance. Some of these projects will be completed in FY 2021-22.
Stanford Wedge EIR expected for release
shortly; Fire Station 8 and Priority housing
projects completed; other projects
underway
b. Housing Element Update, for adoption by the Town Council in FY 2022-23 Underway, with expected adoption at the end of calendar year 2022
c. Design Guideline changes to support wildfire preparedness, expected to begin in late FY 2021-22
Will be undertaken in FY 2022-23
d. Comprehensive General Plan Update - in FY2021-22 Council will evaluate progress on the Housing Element Update and consider when the Comprehensive General Plan Update should occur
Deferred until FY 2023-24, with some
anticipated preparation work in FY 2022-
23 e. Implementation of the Pedestrian Safety Plan by the end of FY 2021-22 Final projects expected for completion in calendar year 2022
Council Priority: Service Delivery Enhancements
Effort Mid-Year Update
a. Post COVID vaccine service return Underway, with major initiatives completed for return to office and public
opening in the summer of 2021
b. Staffing needs – As residents request more services, additional staffing support (both short-term and long-term) has been identified as a need, particularly related to regular, daily operations. Proposals will be prepared by staff for Council review starting with the FY 2021-22 budget.
Council approved budget with additional
staffing support
c. Technological and software improvements, including final OpenGov implementation for financial, budget and transparency tools by the end of calendar year 2021.
OpenGov implementation completed.
d. Website update implementation, as completed in the Summer/Fall 2021. Completed e. Increased use of data to support goal setting and implementation Underway f. Increased use of project management tools to ensure increased transparency on project progress
Review of project management tools
ongoing, Energov system upgrade
includes project management tools,
hiring of Assistant Town Manager to
support this work (November 2021)
Council Priority: Focus on Established Programming
Effort Mid-Year Update
a. Trails and Open Space support, including the annual trail work plan Ongoing b. Communications – While the expansion of communications tools with residents and visitors continues to be a success, further opportunities related to the website update are expected to be implemented over the fiscal year, including increased services online, the OpenGov budget transparency tool, and other projects Ongoing, continuous new tools and
improvements
c. Sustainability
i. Complete research and development of the Green Building Ordinance for Town Council adoption.
ii. Develop Climate Action Plan for Town Council adoption iii. Continue efforts to transition town to a grid independent facility Green Building Ordinance expected to be
completed in FY 2022-23; Climate Action
Plan deferred to FY 2022-23; Additional
work to commence on microgrid work in
FY 2022-23
d. Facility/Open Space maintenance – Full implementation of a robust and ongoing open-space support as developed by the Conservation Committee Completed
e. Town Hall Reactivation and (as circumstances permit) support for increased use of Town Facilities for public and private occasions and gatherings, including the annual events (such as Zots to Tots, the Horse Fair, the Town Picnic, Cultural Arts Committee events, concerts, and other committee-development events) residents have missed the last year
Completed
f. Reassessment of Land Use Project Post-Completion Conditions – the ASCC and staff will review opportunities to strengthen post-project conditions to ensure they remain in place after sign-off
Expected in FY 2022-23
g. Support for Historic Resources Committee recommendations to digitize remaining collection
To be undertaken this fiscal year