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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 23, 2022
THIS SPECIAL MEETING IS BEING HELD VIA
VIDEOCONFERENCE ONLY
Agenda - Town Council Meeting
February 23, 2022
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.
1. Approval of Minutes – Action and Detailed Summary Minutes for February 9, 2022 (4)
2. Approval of Warrant List – February 23, 2022 (21)
3. Report – Annual Automated License Plate Reader System Audit (29)
4. Recommendation by Town Manager – COVID Hazard Pay for Public Works Staff (34)
5. Appointment by Mayor – Member to the Cultural Arts Committee (36)
6. Recommendation by Part Time Assistant to the Town Manager – Adopt a Resolution Authorizing Submittal (37) of Application(s) for All CalRecycle Grants for which the Town is Eligible (a) A Resolution of the Town Council of the Town of Portola Valley Authorizing Submittal of Application(s) for all CalRecycle Grants for which the Town of Portola Valley is Eligible (Resolution No. __)
7. Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and (40) 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. __)
REGULAR AGENDA
8. Report by Planning and Building Director – Safety Element Update (44)
9. Oral Report by Finance Director – Finance Department Presentation (53)
10. Colleagues memo from Mayor Hughes – Revisit the Committee Handbook Policies on Harassment (54)
11. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS (56) 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.
12. TOWN MANAGER REPORT (57)
WRITTEN COMMUNICATIONS
13. Town Council Digest – February 10, 2022 (58)
14. Town Council Digest – February 17, 2022 (68)
ADJOURN TO CLOSED SESSION (82)
15. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(b): 2 potential cases
REPORT OUT OF CLOSED SESSION
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 23, 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).
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MINUTES
WEDNESDAY, FEBRUARY 9, 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
Vice Mayor Wernikoff called the meeting to order at 7:00 P.M.
Roll Call
Present: Councilmembers Aalfs, Derwin, Vice Mayor Wernikoff Absent
Councilmember Richards and Mayor Hughes
Open Communications
The following members of the public addressed the Town Council:
• Bob Turcott
• Rusty Day
• Kristi Corley
• David Cardinal
• Rita Comes
• Mary Hufty
• Karen Vahtra
• Bob Adams
Presentation
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, February 9, 2022
THIS SPECIAL MEETING WAS HELD VIA
VIDEOCONFERENCE ONLY
TOWN OF PORTOLA VALLEY
ACTION MINUTES
1. Welcome – Reverend Jeff Munnis – Ladera Community Church The Council welcomed Reverend Munnis, who shared his thoughts on civility and continued graciousness during difficult conversations on challenging issues.
Consent Agenda
2. Approval of Minutes – Action and Detailed Summary Minutes for January 26, 2022
3. Approval of Warrant List – February 9, 2022
4. Appointment by Mayor – Member to the Nature and Science Committee
5. Recommendation by Assistant Town Manager – Adoption of a Resolution Authoring a Three-Year 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. 2878- 2022)
6. Recommendation by Town Manager – Accrual of COVID Vacation Accrual Policy
7. Proclamation Declaring February 2022 as Black History Month
8. Recommendation by Town Attorney - Adoption of a Resolution Confirming the State of Emergency and 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. 2879-2022)
9. Recommendation from Housing Element Committee – Housing Element Community Survey
The following members of the public commented on the consent agenda:
• Rita Comes
• Caroline Vertongen
Councilmember Derwin pulled item 5.
Motion
Councilmember Aalfs moved to approve items 2-4 and 6-9 on the Consent Agenda.
Seconded by Councilmember Derwin, the motion carried unanimously, by roll call vote.
5. Recommendation by Assistant Town Manager – Adoption of a Resolution Authoring a Three-Year 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. 2878- 2022)
Assistant Town Manager Gaines stated that the Town’s data is hosted by Tyler Technologies at secure Tyler-owned data centers, on their own data centers, which are secure.
Motion
Councilmember Derwin moved to approve item 5. Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote.
Regular Agenda
10. Study Session – Fiscal Year 2022-23 Council Priorities Study Session The Council held the first of two study sessions on the FY 2022-23 Council Priorities.
The second study will be held on March 23rd.
11. Recommendation by Town Manager – COVID Business Assistance Grant (CBAG) Program Update
This grant will provide up to $10,000 per business using American Rescue Plan Act fund.
Motion
Motion by Councilmember Derwin to update the existing COVID Business Assistant Grant Program from the General Fund to American Rescue Plan funds to support local businesses impacted by COVID. Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote.
12. Colleagues Memo from Mayor Hughes – Revisit the Committee Handbook Policies on Harassment
The Council continued this item to a future meeting since Mayor Hughes was not in attendance.
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 8:49 P.M.
1 PORTOLA VALLEY TOWN COUNCIL SPECIAL MEETING NO. xxx, February 9, 2022
CALL TO ORDER AND ROLL CALL
Vice Mayor Wernikoff 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, and Maryann Derwin; and Vice Mayor Sarah Wernikoff
Absent: Councilmember Richards and Mayor Hughes
Others: Jeremy Dennis, Town Manager
Cara Silver, Town Attorney
Laura Russell, Planning & Building Director
Sharon Hanlon, Town Clerk
Attendees: Bob Turcott
Rusty Day
Kristi Corey
David Cardinal
Rita Comes
Mary Hufty
Kristi Corley
Karen Vahtra
Bob Adams
ORAL COMMUNICATIONS
Bob Turcott commented that at the prior Council meeting a caller suggested that the reason residents don’t feel heard is because they’re not given enough time to speak. Mr. Turcott disagreed and said he was able to express his concerns about the flawed Hazard Mitigation Plan in two-and-a-half minutes. He said when he finished Councilmember Aalfs forcefully and mistakenly asserted that one of his statements was incorrect. He said he raised his hand to speak but was not given the opportunity, and this is why residents don’t feel heard and that Councilmembers get the last word whether what they are saying is accurate or not. He said the call for greater resident participation was met with apparent indignation on the part of the Council. Councilmember Richards said, “The notion that this was done in secret is totally absurd.” Town Manager Dennis said, “To say this was done with staff and consultants with no public input is just patently false.” Mr. Turcott said FEMA required public participation in development of the plan. The Letter of Commitment submitted by the Town agreed to promote “Community engagement and public outreach in the development of the plan.” In the plan, Portola Valley documented that it conducted three public meetings for outreach. Mr. Turcott said that he watched the videos of the meetings, read the agendas and the minutes, and in fact, the plan wasn’t mentioned in any of those meetings or detailed in the agendas, nor were any risk data provided for resident review. He questioned residents having to participate in County-level meetings to learn about how the Town is characterizing its wildfire risk and said he was concerned about the direction things are headed. Mr. Turcott suggested doing a hard reset and beginning an open, effective exchange. He urged the Council to be open to the possibility that past decisions and current policies might be suboptimal, acknowledge it when they are, and engage residents in the work that directly affects their safety. He suggested letting residents who are willing and able offload work from staff. He understood that recently there has been increased resident participation in the evacuation capacity study. He applauded the Council and staff for this and encouraged more of it.
Kristi Corley requested that residents be notified of SB 9 applications. She asked if the town could discuss whether it would be 300 feet, 500 feet or 1,000. She felt it should be 300, and that neighbors surrounding a lot split and building of units would want to know if their neighbor was doing this. She thought they could monitor if there was a lot of this happening on one street, how that might be
SUMMARY MINUTES
2 monitored. If someone had to go to a meeting or to work and there’s a lot going on, they may need to plan a 15- or 30-minute delay. She thought it would be best for as many residents as possible to be notified in the circle around potential building projects.
David Cardinal said as much as he loved the Bay and would love the Town be like the Houses of Parliament, he felt the notion that the Town Council gets the last word was mis-framing the question. He said the citizens elect the Town Council and the citizens provide input, and at the end of the day it is Council’s job to decide what to do with that input, which they do very well. He said they have many venues to contribute input to committees. He thinks they have a great system that works and is happy with the way things are now.
Vice Mayor Wernikoff invited further comments from the public. Hearing none, she closed the comment period.
(1) Welcome – Reverend Jeff Munnis – Ladera Community Church Vice Mayor Wernikoff was happy to welcome Reverend Jeff Munnis from Ladera Community Church.
Reverend Munnis shared that it was his first time attending a meeting like this. He has been at Ladera Community Church for about two-and-a-half years. The major portion has been during the pandemic, so he hasn’t gotten out to meet people as much as he would have liked. He said they have a lot of passion for being in Portola Valley. The church members love the town and making an impact as a community. He was grateful to be invited to speak at the Council meeting. He hears the passion displayed at the meetings about certain issues, and he hoped that all of it would be directed into constructive things. He said so far it feels that is the case. He pointed out it is sometimes a difficult world, and he appreciated the way the Council has brought everyone together. It is hard being the leaders in a community and speaking out on topics meaningful to all. He encouraged the openness and transparency, dialog and conversation, and willingness to keep coming back together. He felt much is learned from each other by being and staying in relationship and continued conversation.
CONSENT AGENDA
(2) Approval of Minutes – Action and Detailed Summary Minutes for January 26, 2022 (3) Approval of Warrant List – February 9, 2022
(4) Appointment by Mayor – Member to the Nature and Science Committee (5) Recommendation by Assistant Town Manager – Adoption of a Resolution Authoring a ThreeYear 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. 2878-2022)
(6) Recommendation by Town Manager – Accrual of COVID Vacation Accrual Policy (7) Proclamation Declaring February 2022 as Black History Month (8) Recommendation by Town Attorney - Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
3 (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. 2879-2022)
(9) Recommendation from Housing Element Committee – Housing Element Community Survey Vice Mayor Wernikoff invited comments from the Council on the Consent Agenda. Hearing none, she invited public to comments on the Consent Agenda.
Rita Comes asked about item number 5. She said with the town information going into the cloud she wondered if the information would be hosted on the third-party site, or if it would be on a different cloud site or be held on the vendor’s site. Is so, she was concerned about security of the information.
Councilmember Derwin pulled item 5.
Caroline Vertongen commented regarding item 6 and hoped the Town would go back to the transmittal budget proposed in December and inform them which of the funds will be used to pay for the vacation times.
Councilmember Aalfs moved to approve items 2 through 4, and 6 through 9 on the Consent Agenda.
Seconded by Councilmember Derwin, the motion carried unanimously, by roll call vote. (5) Recommendation by Assistant Town Manager – Adoption of a Resolution Authoring a ThreeYear 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. 2878-2022)
Assistant Town Manager Gaines stated that the Town’s data is hosted by Tyler Technologies at secure Tyler-owned data centers, on their own data centers, which are secure.
Councilmember Derwin moved to approve item 5. Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote.
REGULAR AGENDA
(10) Study Session – Fiscal Year 2022-23 Council Priorities Study Session Town Manager Dennis explained that this item was a continuation of the budget process started at the last meeting when the Council heard from Town committees about their priorities and items they would like to have included in next year’s budget. The first segment of the session involved discussion and update on current Council priorities. He directed the Council to red page 99 as well as attachment 2 in the agenda packet. He said, as in previous years, the Town is moving along on variety of projects associated with priorities identified for this year, including wildfire preparedness, land use projects and programs, service delivery enhancements and focusing on established programming. Attachment 2 provided an update on those efforts, several which are complete. Others are underway, and some are ongoing.
Town Manager Dennis pointed out programs that staff anticipates not being able to complete in the current fiscal year, including the Climate Action Plan. A study session on this may be held later in the year, with the final presentation year. The Green Building Ordinance, due to timing, would likely be completed early in 2022-23. Design review guidelines regarding home hardening code updates would be undertaken in 2022-23. The Comprehensive General Plan Update would be deferred to 2023-24, with some preparation work anticipated in 2022-23.
4 Town Manager Dennis laid out a summary of what the Council heard at the last meeting, shown on red pages 99 and 100. He said some of the requests would be included in the budgets for the committees and some may be included more broadly in other expenditure categories, depending on size and management. He said the staff report illustrated the continuing challenges related to keeping up with various requests and activities that are part of the suite of work that they do. Statistical information in this regard was presented on red page 101 of the staff report. For example, PV Connect requests increased by 148 percent, with similar kinds of increases seen across all departments. Some of it is a result of unfunded state mandates, as well as the complexity of issues the Town is dealing with. He expected that the budget proposal for later in the year would include some positions across multiple departments, which will become clearer as the budget discussions in May approach.
Town Manager Dennis discussed the Council’s priorities for the coming year and offered a recommendation that the Council approves priorities, not necessarily the projects underneath them. The projects are items that help fulfill the priorities of the Council, so they could theoretically be changed or be added to. All would come back to Council for approval through the normal process. He noted that the biggest difference in the structure this year is that Sustainability has been re-established as its own standalone priority, given the number of interrelated and important projects that the Town has been committed to. He pointed out under Item 1, Wildfire Emergency Preparedness, that item e. is an allencompassing program element that includes the current mapping process. As more detailed maps are produced there will be additional conversations with the Council about next steps on how to utilize them relating to further development, land use code, et cetera. Town Manager Dennis asked to hear from the Councilmembers which items should be considered priorities in the coming year, with the focus being on the priorities rather than the projects underneath, although conversation related to the projects was also welcome. The items were not to be seen as arranged by order of import; rather, a framing mechanism to assist in the conversation. Town Manager Dennis noted that also present for the discussion were Assistant Town Manager, Melvin Gaines; Planning and Building Director, Laura Russell; Public Works Director, Howard Young; and Finance Director, Cindy Rodas.
Vice Mayor Wernikoff invited comments from the Councilmembers.
Councilmember Derwin asked if the Housing Element Update, under Land Use Projects and Programs, was happening this year. Councilmember Aalfs said it will continue through the year. Councilmember Derwin thought it probably wouldn’t really get going until the end of the year, into 2023. Town Manager Dennis said the implementation won’t start until calendar year 2023, but they anticipate adoption of the plan by the end of calendar year 2022,
Councilmember Derwin asked what was meant by Service Delivery Enhancements. Town Manager Dennis explained this is a catchall category and to let him know if the Council wished to split it up in some way. It includes elements of two priorities – service delivery enhancements and a focus on established programming. The two are related, and he noted that last year the Council discussed how to divide these up. They will be working on a number of projects identified by the Council, or by state requirements over the next fiscal year. In order to stay focused on those while maintaining the day-to-day activities – that they normally don’t get a chance to talk about – staff wanted to provide a recommendation on how to enhance that core competency. He said within Service Delivery Enhancements, there are a variety of projects relating to that. For example, ensuring that the public is further connected to things happening at Town Center; ensuring that they have the right mix of staff doing the right mix of work; finding ways, through consultants or otherwise, to focus staff on the tasks they are paid to do. He said there are a lot of administrative functions that all staff get involved in at a certain level, and they think it makes more sense to somehow offload those things so that staff members can stay focused on their own specialized work.
He said they continue to incorporate technology and software where possible, especially systems which help the public to have better connections with the Town and get information quicker. The previous example of EnerGov was an example of this. It is a suite of tools that the public and applicants will be able to access to see what’s happening around them with building and planning permits in a way not possible previously. Staff would like to do more of this type of thing.
5 Regarding facility maintenance, Town Manager Dennis noted that the facility is entering middle age and starting to show that age. He said they want to ensure that they are moving forward with maintenance and enhancements. This includes staffing, dedicated funding sources, et cetera, the core of which would be a comprehensive long-term plan to make changes as necessary. Mayor Derwin asked if this would be the appropriate category in which to include increased demands on staff. The discussion would include potentially either hiring more people or lowering the public’s expectations. Town Manager Dennis said that discussion would fall under this category.
Vice Mayor Wernikoff invited comments from the public.
Kristi Corley felt that item c. under Service Enhancements belonged more appropriately under Land Use, Projects, and Programs, because there was mention of hiring for Planning and Building, and Public Works. She said that it was making her sad that, while the town is built around the preservation environment and open space and green space - the reason many moved to Portola Valley – she did not see that anywhere in the budget discussion.
Rusty Day noticed that there was going to be some fire behavior modeling and mapping, and this is the first he has seen that released by the Town Council. He wondered if they could get a briefing or disclosure on who would be doing this, what the budget is for it, when it would be done, and when the public would be included in it. He asked how they would assess whether the modeling being done is effective and addresses the needs in the community, and whether the Wildfire Safety and Emergency Preparedness Committees would be involved, in addition to the public. He hoped that whatever modeling is done will be informed by, and reflective of, input and concerns of the public, as opposed to a done deal that is dropped on them.
Rita Comes commented that in the information for the study session, that there were comments about nine of the committees, out of 15 or 16 committees in the town. She said she is still concerned about undergrounding and seismic issues and was glad to see all the topics that were put out for a big conversation, but said she also wanted to see her fellow residents in a room, discussing the issues, and pulling these things together. She said although the town’s 4,500 residents appreciate all the work the Council does, they want to be in a room together to hear and discuss what is going on with the Safety Element, the seismic issues in town, the wildfire issues, which are all very important. She remarked that as the Town staff is overworked and having to use consultants to fill the holes, the residents see that and wonder if there is a way, they can help make it easier for the Town. She asked to be included and said residents can help, not just on committees but in other ways.
Mary Hufty agreed that one way to make the staff’s burden lighter would be to turn residents’ energy to good use, as they could be a useful crowd. She said residents have spent a lot of time and energy into understanding the issues the town faces and said it would be wonderful if the Council let them share some of that. For example, with the housing issue they could do a public forum in association with the Town to look at different affordable housing scenarios with experts. This would perhaps make everyone feel more represented and more heard. She wished the message, “Thank you for your interest,” was coming back from the Council. She said they wouldn’t be there if they didn’t believe the system was working and the Council was providing leadership.
Kristi Corley, whose previous comment time had been cut short, finished her thoughts, and was concerned about the overall traffic management plan with the additional building and the overall parking plan. She said she would like to see a 15- to 20-year plan for the town. She said it would be nice to be included in the conversation around the overall strategic plan, such as what Alpine Road or Portola Road would look like, with ideas from the residents, whether building should be on the main roads or if it could be clustered in different places. She said they care about their evacuation and need to work well with the County, which owns the end of Alpine Road, the end of the evacuation route. She said what she hears is that they are just worrying about Portola Valley, however the road connects to 280 with a county road, and they want to know what the plan is to clear from Alpine Road at Ladera, all the way to 280. She thought the right side needs to be done in a better way.
6 Vice Mayor Wernikoff brought the item back to the Council for discussion.
Councilmember Aalfs thought the priorities he was hearing were the appropriate ones. He had been trying to think of any that are missing and did not see anything obvious. He hoped to hear Mayor Hughes’ and Councilmember Richards’ thoughts on it soon, but as a starting point he felt it looked great.
Councilmember Derwin also tried to assess what might be missing and shared some things she had thought of. She said that every year the Conservation Committee comes to say that they need money to take care of the Town-owned open spaces, like Spring Down, et cetera. She is never sure if they fully take care of those spaces and wanted to make sure that this was covered. She asked Town Manager Dennis which category this would fit into. He responded that it could be in a separate category and that she could direct staff to think about what that category is and bring it back at the second meeting of the study session. He said he is currently unaware of specific asks from the Conservation Committee to increase funding for any particular project of theirs, or for those they have responsibility to oversee.
Particularly in the last year, there has been a lot of work put into coordinating a variety of Conservationled efforts at Spring Down and other places that have been more challenging to accomplish. The Committee, through budget action by the Council, has been working with a consulting biologist. There were some items they were looking at potentially doing, but nothing substantial. He asked Mr. Young if he had any comments to add on this question. Mr. Young said when they know that the budget process is coming, that is when they will ask for additional things. In the past they have requested things from the Council, and have requested things from the staff. He said there was a test pilot item for Spring Down, for the weeds. Additionally, the committee will come to Council to ask other things such as removing trees, working on the pond, et cetera. He said they haven’t asked for anything yet. He is working with the committee and with the biologist, and anticipated that when budget time comes, they will have an additional ask beyond the annual requests.
Councilmember Derwin said under Sustainability, she was thinking back to when she first was on the Council in 2006. Steve Tobin and she started the first Sustainability Task Force. Over the years it has dwindled a bit. She said she wanted to beef up their initiatives and do something, such as a town microgrid or a community microgrid such as the one being discussed in La Honda. She said there was an idea years ago about using the culvert to store water, and since drought is looking bad again this summer, she would like to see a big water project. Also, she mentioned Mayor Hughes’ idea of detaching from PG&E.
Town Manager Dennis commented on water and said he and Mr. Young had a conversation about their fields, and he hoped everyone has seen them lately because they look amazing. He hoped to bring some colleagues from other cities to see the great work. Because of the drought, he said they are starting to do some irrigation early. It is a conversation that staff wants to have with the Sustainability Committee and others to decide what’s appropriate as they move into a much more permanently dry climate. Regarding the PG&E idea, he said Council put aside $100,000 for an undergrounding study with which they hope to do something this year. The money was set aside, in part, to reflect a similar study underway in Los Altos Hills, hoping to possibly find a way to do it a little cheaper. He said he will be discussing what to do next with Mayor Hughes and others soon. There is a direct link between microgrids and scalability, and there have been positive conversations with partners. Last week, he said he and Mayor Hughes had lunch with the Priory team and brought up the subject that a microgrid at the Priory could be of real benefit to the community, being close to the Sequoias. There was enthusiasm and interest in that. Whether or not it results in a microgrid project for Town Center, including a solar panel, remains to be seen. He suggested Councilmember Derwin could take that to the Sustainability Committee if there are projects around water that they are interested in that could be added as one of their priorities.
Councilmember Derwin asked how they could integrate DEI, Diversity, Equity, and Inclusion, into all of their policy decisions, or if they are doing that. Town Manager Dennis said not as much as they want to, but they would love some input and direction from the Race and Equity Committee. Councilmember Aalfs suggested it should perhaps be a fifth priority. Councilmember Derwin also mentioned more recruiting of youth to the Town’s committees, which she said is naturally happening. She commented that there are two teenagers on the Race and Equity Committee who bring a lot to the group .
7 Town Manager Dennis asked if the Council would talk about what diversity and inclusion could look like.
From a staff perspective, he understood what they can be doing at the staff level, but said some additional commentary would be helpful, or perhaps they could ask the question directly of the Race and Equity Committee for any of their thoughts. Councilmember Derwin said her thought was about policy decisions, as they make ordinances or recommendations that they always put on the race and equity hat.
She thought it would be a great discussion for the committee. There are many examples of what other cities are doing and many available resources. Town Manager Dennis asked if she was comfortable with the staff also reaching out to the Chair of the Committee. Mayor Derwin thought this was fine.
Councilmember Aalfs noted that climate change is falling disproportionally on disadvantaged communities and communities of color, so he said that would fall under parts of the priorities as well. Councilmember Derwin added that PCE is integrating that into their decisions.
Vice Mayor Wernikoff remarked that there is an interest in having DEI in the priorities in a prominent way.
She suggested having that committee consider the priorities and give their thoughts about the best way to include it. She agreed with Councilmember Derwin that it is about the policy and the operations and assuring that DEI issues are considered across both of those.
Vice Mayor Wernikoff suggested regarding number 3, the Service Delivery Enhancement wording. She felt this was also about operations, so they could consider titling the item Operations and Service Delivery Enhancements. She agreed that staffing needs to be at the forefront of this. Regarding item C, particularly with the Planning and Building Department and Public Works, she felt that another thing that needed to stand out was project management, program management, tracking workflow, getting more focus on timelines et cetera. She said she had been thinking about, not just the operations of the Town, but the operations of the committees. She thought it might be a good time to take a fresh look at their operations and policies across the Board. She thought the Wildfire Emergency Preparedness list was very comprehensive. She said they would talk about this more in their Liaison Committee updates and Town Manager updates, particularly about Item E.
Regrading open space, Vice Mayor Wernikoff said in reading the town’s General Plan, open space is obviously a huge priority and focal point, and a founding pillar of the town. She saw the things they are focusing on under projects and work to sustain open space and environment as the kinds of things support that priority.
Town Manager Dennis reflected what he had heard from the Council, summarizing as follows: Checking with the Conservation Committee on potential additional budget asks. Look at additional sustainability work around water and PG&E/culvert. Look at DEI as a separate potential priority including linking it to sustainability efforts. Nomenclature changes to Priority 3. Continued focus on project management issues. Potentially an item related to operations of committees.
Town Manager Dennis acknowledged Assistant Town Manager Gaines for his help in putting this information together, including some new ways to portray the information. He shared that Council priorities was an area that Assistant Town Manager Gaines had worked on in the City of Mountain View.
While in years past, the Council priorities have been delivered in a very plain fashion, they will be looking at ways to make it a stronger presentation, including having something to literally hand out and pass around. Councilmember Derwin admitted that when she was reading through the packet she was thinking, “This is so much better than it was last year and the year before,” and now finds it’s because Assistant Town Manager Gaines did it. The Councilmembers and Town Manager Dennis were very appreciative of his efforts and contributions.
(11) Recommendation by Town Manager – COVID Business Assistance Grant (CBAG) Program Update
Town Manager Dennis explained to the Council that under the American Rescue Plan Act, monies are available to the Town to distribute to businesses to support COVID relief, and it is still a challenge for businesses to get back up to speed. The recommendation is an update to the program they used once before, the CBAG, utilizing those funds, with slight amendments to the existing program guidelines and
8 application. He recommended a few changes that Vice Mayor Wernikoff and he discussed yesterday that would improve the product. First, on the application he planned to add a space for how much money was being asked for. Also, he would like the application to include a spot for someone to put the description of their COVID impacts. ,They would then go back out to the community to announce that the program exists. There was quite a bit of participation the last time they made funds available through the general fund and SMC Strong. He anticipated that most of the funds would be expended for this purpose. It is an already-budgeted item, so no amendment was needed. He said they are eager to go out to the business community to see how they can be helpful again.
Vice Mayor Hughes invited questions from the Council. Hearing none, she invited public comments on the item. With no public comments, she asked if there was further discussion among the Council.
Motion by Councilmember Derwin to update the existing COVID Business Assistant Grant Program from the General Fund to American Rescue Plan funds to support local businesses impacted by COVID.
Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote. (12) Colleagues Memo from Mayor Hughes – Revisit the Committee Handbook Policies on Harassment
Vice Mayor Wernikoff suggested, since Mayor Hughes was not in attendance to present this item, that it be continued to a future meeting.
Councilmember Derwin and Councilmember Aalfs concurred.
Vice Mayor Wernikoff accepted a comment from Kristi Corley, who wanted to report that Councilmember Aalfs had disappeared, and she said it would be nice to see everyone at all times. (13) COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Councilmember Aalfs attended the Ad Hoc Housing Element Committee meeting on the 31st. The main topic of discussion was the Affiliated Housing Program, which is the program they have used to enable multi-family housing with some of their institutional partners, notably, the Priory. The program also includes the Sequoias, Stanford University, and the Town. They also included Ladera Church as a member of the program now. It was a good discussion, and everyone learned a lot about it. The upshot of the discussion was that for the most part the Affiliated Housing Program would be a very small contribution to the overall RHNA numbers in the cycle, but an important one. He said it has been a tremendous success with widespread appreciation for the value of the program as a successful way for the Priory to house more people in town. Judy Murphy gave a summary of the Committee of Committees meeting.
Councilmember Derwin met on February 1st with Assemblyman Marc Berman and Supervisor Don Horsley and his Chief of Staff, Chris Hunter. They had a very positive meeting regarding an ask for $5 million for building two roundabouts on Alpine Road at La Mesa and La Questa. They will see what the next step is. She said she was approached by Lenny Roberts and Lynn White [phonetic] of Ladera to help with this. Portola Valley would benefit from this as roundabouts would greatly improve traffic flow on Alpine in the event of an evacuation or other disaster.
Councilmember Derwin attended a briefing by the ED of C/CAG who is also on the Executive Council of the Express Lanes JPA. She and another member of the Express Lanes Board were briefed about agreements they have been laboring through with CalTrans, since the Express Lanes are opening Friday.
They next day they had the actual meeting, which was a milestone day because Lisa Klein was there from MTC. They went over the agreement with BAHFA, which is the front-end operator. BATA is the back-office staff for Express Lanes. They finally approved a 40-year contract with CalTrans which they have been negotiating for more than a year, including four closed sessions. They would be having a ceremony for the opening of the Express Lanes, and on Friday they will be open from the south county line to Whipple. The next piece, going to 380, they hope will open in the fall, when it will join with Express Lanes in Santa Clara County. A Flex transponder is needed to use the Express Lanes. A CAV
9 transponder is adequate if in a clean air vehicle. Councilmember Derwin said the old-fashioned one is okay for one person, but the discount applies only if there are multiple people in the car.
Councilmember Derwin attended the Library JPA meeting. There was a report from the Strategic Plan subcommittee on a patron survey that was completed, with good information collected to help make plans for the future. The mid-year financial report was presented. The budget this year was $72 million, with 135 permanent positions. They are currently in SCIU negotiations. The Director’s Report included news on new hires, new branch managers in Pacifica, North Fair Oaks, East Palo Alto and San Carlos. The Maker Spaces have been selected for a new nationwide initiative. The award was validation of their leadership in the Maker Spaces. Shelving is being installed at Atherton Library. She thought they would be moving in this month or next month, with a grand opening coming soon. Councilmember Derwin said they had a wonderful video about partnership with Sustainable Future Outdoor Academy, where they took kids from Mill Brae, East Palo Alto, North Fair Oaks, and San Carlos on a field trip to Pie Ranch.
Councilmember Aalfs added that the Future Outdoor Academy is the brainchild of a Portola Valley resident, Scott Harmon, who has been running it for two years. Peninsula Clean Energy funded him for part of it. Councilmember Derwin reiterated the quality of the video and thought she could perhaps put the link to the video in the newsletter.
Councilmember Derwin attended the Race and Equity meeting. After a slow start with some technical difficulties, Judy did an update on the Committee of Committees, Andrew did an update on the Ad Hoc Housing Element Committee. There was a lot of talk about housing. They approved their town seal project. Andrew gave an update on policies. He had written an anti-discrimination policy for Palo Alto, which he has modified for Portola Valley. They talked about Black History Month and putting some things on the Forum. They discussed their resource page on their webpage and which projects they might want to include on PV Donates. There was discussion of how some of the CCNRs have racial covenants and how Ladera worked to have theirs removed. One of the guests had been to a program in Menlo Park that had discussed it. They thought it would be an interesting project for the town, if they could envision how to do it. There was an idea for a speaker.
Councilmember Derwin attended the Resource Management and Climate Protection Committee meeting, where they had two gentlemen from La Honda speak about their plans for power since they have so many outages, winter and summer. She talked to the District Director of Anna Eshoo’s office to try to refer them for some funding.
Councilmember Aalfs added to his report that last month at Peninsula Clean Energy’s Special Board meeting, they approved their first ever large-scale storage project through a group called California Clean Power, which is a joint powers authority made up of nine CCAs in California. The CCP approved a contract for a 69-megawatt storage facility, of which about 19 megawatts is PCE’s share. This is the first of likely many projects. Their internal analysis of the project shows it to be almost free. It could be adding to their bottom line when factoring in all of the ways the battery gets used. He thought they would see many more projects like this going forward, through PCE and other CCAs.
Vice Mayor Wernikoff attended the Ad Hoc Housing Element Committee meeting. She had a WPC meeting and was on a San Mateo County Fire Safe meeting. The Wildfire Preparedness Committee was a great meeting with high attendance – over 50 people. There was a 90-minute presentation from Ray Moritz, an overview of his 2008 study and his methodology relative to CalFire. They talked about the impacts of slope, wind conditions, vegetation management and ground proofing best practices. It was a very detailed overview and is posted on the Town’s website for anyone who wants to watch it. The study will be one of the inputs into the Housing Element process and the constraints map being developed by the committee. The evacuation study was discussed, with an update from the consultant from Fehr and Peers followed by Q&A from attendees. Since the meeting they now have an email address available to the evacuation subcommittee members who are running point on communications with the community.
Town Manager Dennis advised the study is not up on the website just yet. He inquired of the subcommittee whether they wanted any additional description of what they were asking for before putting the email out to the public. Vice Mayor Wernikoff said the project timeline is a bit delayed, by about a month, but is on track for inputs into the Safety Element.
10 The third agenda item was an update to the charter. They decided to add a subcommittee to focus on finance related to fire issue, both public and private financial support for mitigation. A list of ideas they will be working on includes Woodside Fire Protection bond, parcel tax, changes to the UUT, private funding, Town matching fund, potential for Open Space fund, grants, et cetera. They will be looking at many things, because there is a lot of work to be done. They also dropped an ASCC member as a requirement in their charter. The last item was an update from MJ, one of the committee members, timestamped 2:50 in the video. She talked about her pilot program that the WPC will be working on and gave an overview from walking 15 neighborhoods in town over a series of different days with her husband. She said based on her observations, she felt that only about 10 percent of properties have actually done the recommended mitigation work. She also had an infographic to share. She encouraged everyone to watch the meeting because there is good information there.
Vice Mayor Wernikoff attended a great meeting of the San Mateo Fire Safe group. There was an outstanding presentation by Yana Valachovich, a forest advisor and County Director for University of California Agriculture and Natural Resources. She gave a very thorough update on the 20-21 map report and a great presentation on learnings from Paradise and the Marshal fires. An additional item on their agenda was San Mateo Parks giving an update on vegetation management.
Vice Mayor Wernikoff reflected since being on both WPC and as Co-Chair of the Housing Element, she feels she is seeing firsthand the dynamics between the two topics in the town and the inherent conflict between the state housing mandates and their location in the WUI. Sitting in both forums and hearing the comments, she said, has been fascinating to see how the two things come together. She shared some comments she had prepared reflecting on this. In the discussions around fire, she continues to hear an outsized emphasis on fire issues pertaining to new development, relative to the work that can be done on existing properties. She observed this in many of their meetings, on PV Forum and in the Fire Safe meeting. She said they have approximately 1,700 existing parcels in Portola Valley and 10 new building permits per year in the last few years, including ADUs. This means new construction makes up 0.5 percent of the total parcels, based on these rates. Even if they built 253 mandated units tomorrow it would still just be 13 percent of the total parcels. She wondered why there is so much focus on the new and so little focus on the existing, particularly thinking about the things that Ray Moritz and MJ Lee presented at the meeting. She said, worst case scenario, if they had a fire this coming season, she felt if they are focused on mitigation on the 1,700 properties, they would do much more for their community than focusing on things like building separation on a handful of new properties, although building separation is important.
Vice Mayor Wernikoff expressed that it is not her role to be a fire expert, and she preferred to leave that up to Woodside Fire Protection District and looked forward to their next set of codes. She said there are a lot of people in town concerned about development, which she understands. She shared that she moved to Portola Valley 15 years ago for the same reasons most of the residents did – for the open space, the nature, and the beauty. She said, for the record, she does not like SB 9 either, but she knows they can do better to make their community more accessible. Sitting on the two different committees and thinking about these things, she felt if peoples’ concern is development, then she wished for them to say so, to be honest and real about their concerns. They all have a right to their opinion, including members of PVNU.
If their real concern is development, she asked to please just be transparent, address it in the Housing Element committee meetings or, even better, by reaching out to state representative. She asked that they stop using wildfire as a political tool, because politicizing wildfire as a strategy to prevent development, not only will it not change RHNA, but it will distract the community from real ways they can make their community more firesafe, which have been worked on tirelessly by members of the WPC over the last few years.
Vice Mayor Wernikoff said she was certain she would catch some heat for her comments, but with publication of the Stanford EIR around the corner, she felt they should daylight this issue and start to have honest conversations. She said questioning the motives of some will not be well received, but if the authentic concern is truly wildfire, then please consider balancing the emphasis on all fire mitigation approaches, not just the ones related to development. These were things she had been thinking about while sitting in the meetings and wanted to share. She recalled hearing a comment suggesting that they
11 haven’t been talking about mapping in the public forums; however, she said this was talked about in detail several times in the Ad Hoc Housing Element committee. She shared the comment again in the WPC and Planning and Building Director Russell talked about it in the Planning Commission meeting, and they have also shared information about it online.
Vice Mayor Hughes invited comments from the public.
Caroline Vertongen’s comment was inaudible due to a poor phone connection.
David Cardinal felt Vice Mayor Wernikoff’s comments were wonderful, heartfelt, and brave, and he thanked her for making them. He felt it resonated with many of them who may not speak up in the meetings but are interested in the health of Portola Valley.
Rita Comes commented on behalf of PVNU, Portola Valley Neighbors United. She said there are many things in their information in The Almanac, on their website, information on the Safety Element, about all 4,500 residents, not just new development. She said there are many, many issues and over 1,700 homes. She said at PVNU they care about each and every home and all of the residents in the town. She said her own safety, her daughter’s safety, her home, her street. She said when people are asking about letting people know more than just the 300 feet distance from the project, the 1,000 feet distance from the project, those are real questions and PVNU is interested in all the questions, the concerns, the evacuation for all 4,500 residents, not just the new people in the town building their dream homes. She said they care about the people that live and work in the town, the people in Ladera who may have to evacuate, coming through their town. There are real concerns for each and every one of them, and they do not take them lightly.
Karen Vahtra thanked Vice Mayor Wernikoff for getting involved in wildfire and taking in all of the details of this complex issue. She commented on the ten percent that MJ gave as an estimate for the number of homes completely ready. She said it is a huge task to take an older home and change the siding, get rid of the wood shake roof, enclose the eaves, clean up the zero to five zone. It is a hard thing to measure and declare something as completely done. She said there’s a lot they must do in town, particularly with the zero to five-foot zone. She felt the 10-percent statistic is somewhat vague, although she appreciated what MJ has done, but almost every home has something they can do today to make their home safer so it will survive.
Caroline Vertongen said many of them have lived in Portola Valley longer than 15 years and have raised these public safety issues, not just wildfire, for many years, which is why they established the General Plan with the Safety Element and many more guidelines. She said many people have spoken, but people give up if they are not being heard. She said they are very committed to the community and will continue to care about all the parents, families, students. They must come to solutions, because it has taken too long, too many years, and too many budgets used for consultant after consultant. They will continue to be committed to protect their community, and she hoped the Council would be too.
Bob Adams mentioned Vice Mayor Wernikoff’s comments about attitudes and thoughts behind concerns.
He said his specifically is fire. There is a development issue and many people who have other issues about SB 9. He said he is not a fan of SB 9, but it is not his issue. His issue is fire. His fire insurance was cancelled, and that got his attention. There was also Paradise and Marshal. He said looking back at what has happened, back to 2008-2009 when the Town decided not to accept the fire maps from CalFire because they didn’t agree with them, the reason for it turned out to be homeowner’s insurance and property values, which was the wrong priority. Fire safety is a much higher priority than property values and insurance costs. He hoped they were not thinking that all of residents fighting to get fire codes updated are doing it for something other than their concern about fire. it wasn’t done originally in 2008- 2009, and now they are 12 years later, and still don’t have it. They know that Marshal occurred, and Paradise occurred, so some of them are concerned about separation and density, which is his motivation.
Bob Turcott thanked Vice Mayor Wernikoff for her comments. Speaking for himself, he said his focus on the development is because he sees almost exclusive focus on vegetation management and home
12 hardening, and neglect of the development issue. He pointed out again that Portola Valley has never designated very high fire hazard areas and because of that, residents have been denied the benefits of Cal Fire regulations and state fire safety mandates that apply to such areas. He said it’s true that development represents a small percent. But within the last year an ADU has been constructed in the chimney of the canyon, 50 feet from his family’s evacuation route, whereas other houses are 125 to 150 feet from the road. It will be upwind from the evacuation route when the canyon burns. There is no requirement for internal sprinkling. The Town Council had the option of excluding areas as unsafe in implementing the mandate, but it did not. This is why he is committed to this aspect of fire safety. He said he is also committed, despite being strongly opposed to the RHNA allocation and strongly arguing that the Council should appeal, he is committed to satisfying their requirements under the mandate and planning for the 253 safe units. He said he resented having someone presume to know what his motives are, which happened on Portola Valley Forum recently, offering no evidence of how they concluded that he is motivated by an anti-development stance. He hoped they would calibrate assumptions about people who are engaged. He said he thinks there are several substantive decisions the Council has had that are not in the interest of fire safety, and that it is legitimate to discuss them independent of development.
Mary Hufty said she prides herself on her integrity and said her motives are clear. She has a complete commitment to the environmental contribution Portola Valley can make to counter climate change. She thought they absolutely need to realize that they have something to offer the greater communities, and she is no way motivated against development. She said people try make it look like it was antidevelopment, but when she looks at a piece of land and realizes what they are planning on doing with a true open space, a true last surviving wild place in Portola Valley, which is seismically dangerous, fire dangerous, and suddenly ignoring all their risks to be able to put in development, she felt it was necessary to bring these issues to the attention of leadership and the town. She said although the Wedge is a big part of her awakening, it is not her motivation, and the development and affordable housing part is part of her mission, because she believes they have to have a more diverse community, economic diversity, which is a key to a health community, and is what they strive for at PVNU. Ms. Hufty said to tell them that they have a limited scope and poor motivation is stereotyping, and although she appreciated Vice Mayor Wernikoff’s honesty, she thinks it has been too tempting to marginalize people.
Kristi Corley said she was seeing only one Councilmember and now sees two. She asked if they have a quorum. Vice Mayor Wernikoff advised that they are not voting on anything right now, and that Councilmember Aalfs lost his connection but is back on now. Mayor Derwin said she was there but didn’t have her camera on.
Vice Mayor Wernikoff closed the public comments, having accepted one comment per person, per topic.
Mayor Derwin thanked Vice Mayor Wernikoff for words that were true, brave and beautiful. (14) TOWN MANAGER REPORT
Town Manager Dennis said the town recently lost the services of Sergeant Andy 1:40 of the Sheriff’s Office, number two in the Sheriff’s Office under their contract. He will meet the new sergeant he will meet in coming days.
Regarding mapping efforts, Town Manager Dennis shared that through engagement with Zeke Lunder, a subconsultant on the Safety Element portions related to the Housing Element, they have had a few conversations with him about an opportunity to do some additional mapping for the town and/or fire behavioral mapping as he previewed at the last Housing Element Committee meeting. There is also a conversation that the Woodside Fire Protection District is having about a similar project. At their January 25th meeting they authorized development of an RFP for that process. He said, in talking with Chief Lindner and the Fire Marshal, he has been interested in hearing more about whether the Town should pursue its own efforts, or whether such mapping should happen at the District level. He felt there was an advantage to it happening at the District level, given that fire doesn’t stop at borders and the Fire Protection District is really the responsible party on these matters. Regardless of how it develops over the course of the next period of time, he expected the information they are collecting for fire maps through the
13 Housing Element/Safety Element process and other inputs would guide future land use development conversations in town, and potentially lead to a variety of other initiatives and projects.
Town Manager Dennis said he and the Mayor met with the Priory leadership and had a wonderful discussion, which they do on a quarterly basis. He also attended the Open Space Acquisition Committee which had a good discussion on a variety of items, one of which was expansion of the town’s vegetation management programs, particularly in the right-of-way, but applying some of the lessons into the open space properties. There will be much more to do, but they seemed interested and eager to participate in the process.
He attended the monthly meeting with the Sequoias residents. Their Executive Director left, having been there for only a short time. They are currently operating with an interim ED. He also had a conversation with a representative of AARP about bringing a senior scam event to the town. He has also been talking to the Department of Insurance about the insurance which is more difficult to get a handle on. He said AARP offers regular such events and he hoped to bring that programming to the community.
Vice Mayor Wernikoff invited public comments.
David Cardinal commented on the previous item and asked for people who are pro-development but not anti-fire, where they thought they could put the housing, because they have tried almost everywhere in town. He was curious if they would offer suggestions as to where they would put the additional units that they think would be okay.
Vice Mayor Wernikoff mentioned that agenda item 9 was the survey that is going to be going out from the Housing Element committee, and it is about exactly what David Cardinal had just commented on, preferences for this new housing. She encouraged everyone to look for that in their inbox. She asked Town Manager Dennis to share how the survey was going out. He said the survey will go to every person’s email that the Town has, through every channel that they have, in addition to partnering with other institutions in town to put the information out. They hoped that the School District, the Priory, Women’s Club and others will help with it. The Housing Element committee members are being asked to put it through their own channels as well, in addition to every committee member. He said it is a very useful and important component of the process. He added that there is an upcoming meeting of the Housing Element on the 22nd. It will be a good meeting, because they will present additional hazard risk maps, including fire-related information.
WRITTEN COMMUNICATIONS
(15) Town Council Digest – January 27 , 2022
(16) Town Council Digest – February 3, 2022
ADJOURNMENT [ 8:49 p.m.]
_____________________________ _________________________ Mayor Town Clerk
apachreg Town of Portola Valley ntanori 02/18/2022 10:25 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 1913 7 ACCELA 9,187.82 02/23/221914 32 ANTONIO CREMONA SALON INC 10,000.00 02/23/221915 41 AT&T 246.36 02/23/221916 44 BANK OF AMERICA 2,769.69 02/23/221917 80 CALPERS 63,898.57 02/23/221918 105 CINTAS 30.19 02/23/221919 121 CLEANSTREET 1,782.06 02/23/221920 176 EXCEL LD 23.09 02/23/221921 203 GREEN HALO SYSTEMS 114.00 02/23/221922 207 SANDY XIA 2,779.14 02/23/221923 213 HILLYARD INC 300.58 02/23/221924 214 HINDERLITER DE LLAMAS & ASSOC 2,305.99 02/23/221925 218 MISSIONSQUARE RETIREMENT 4,601.50 02/23/221926 227 INTERSTATE TRAFFIC CNTRL 1,577.37 02/23/221927 234 J. W. ENTERPRISES 402.50 02/23/221928 278 LAMPHIER GREGORY 4,477.00 02/23/221929 295 LYNX TECHNOLOGIES INC 1,025.00 02/23/221930 307 MAZE & ASSOCIATES 1,625.00 02/23/221931 326 MUNICIPAL CODE CORPORATION 2,267.42 02/23/221932 337 O. NELSON & SON INC. 11,585.00 02/23/221933 341 OLBERDING ENVIRONMENTAL INC 5,579.40 02/23/221934 364 PERS HEALTH 24,890.17 02/23/221935 367 PG&E 2,309.72 02/23/221936 373 PITNEY BOWES INC. 170.63 02/23/221937 376 PORTOLA VALLEY HARDWARE 136.47 02/23/221938 403 RON RAMIES AUTOMOTIVE INC. 2,209.86 02/23/221939 413 SANGINI MAJMUDAR BEDNER 1,600.00 02/23/221940 428 SHARP BUSINESS SYSTEMS 23.31 02/23/221941 429 SHELLY SWEENEY 784.00 02/23/221942 437 SMALL BUSINESS BENEFIT PLAN TR 2,851.70 02/23/221943 447 STAPLES CREDIT PLAN 377.41 02/23/221944 482 TURF & INDUSTRIAL EQUIPMENT CO 909.09 02/23/221945 489 VERIZON WIRELESS 432.18 02/23/221946 499 WESTRIDGE ARCHITECTURAL 120.00 02/23/221947 501 WILLIAM MAINZER 1,100.00 02/23/221948 505 WOODSIDE FIRE PROTECTION DISTR 4,603.66 02/23/221949 528 PORTOLA CAFE DELI 10,000.00 02/23/221950 634 ROEBBELEN CONTRACTING 121.89 02/23/221951 642 CYBERTARY.COM 647.50 02/23/221952 690 CRUZ STRATEGIES 625.00 02/23/221953 730 URBAN PLANNING PARTNERS INC 22,641.52 02/23/221954 740 ALESSANDRO MORUZZI 744.00 02/23/221955 786 VORTEX INDUSTRIES, LLC 40.16 02/23/221956 788 BAYSHORE PLUMBERS 1,500.00 02/23/221957 789 CESAR DONOFRIO 1,000.00 02/23/22
apachreg Town of Portola Valley ntanori 02/18/2022 10:25 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 1958 790 BAY VIEW ROOFING 1,000.00 02/23/221959 791 GUANGXI JIN 3,856.64 02/23/221960 792 COLIN GRAY 1,000.00 02/23/221961 793 PACIFIC PREMIER TRUST FBO THOM 2,768.92 02/23/221962 794 MATTHEW SONSINI 4,710.23 02/23/221963 795 SEQUOIA LIVING 1,324.00 02/23/22Check totals: 221,075.74ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 221,075.74Check totals: 221,075.74ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 221,075.74
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apapdinv2 ntanori Town of Portola Valley Page 1
10:25 02/18/22 Paid Invoices by Date
From: 02/23/2022 to 02/23/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 7 ACCELA
02/23/22 1913 Annual Subscription Renewal 02/07/2022 - 02/06/2023 9,187.82 9,187.82 RENEWAL_FY22-23 Vendor: 32 ANTONIO CREMONA SALON INC
1914 COVID Business Assistance Grant Program 10,000.00 10,000.00 CBAG_2022 Vendor: 41 AT&T
1915 January Statement 246.36 42.82 000017719054
January Statement 21.48 000017719056January Statement 182.06 000017719055 Vendor: 44 BANK OF AMERICA
1916 January Statement 2,769.69 2,769.69 1388-JAN22
Vendor: 80 CALPERS
1917 January Unfunded Liability 63,898.57 7,631.75 100000016663585 February Unfunded Liability 7,631.75 100000016695383November Retirement - PEPRA 6,680.41 100000016584744November Retirement - CLASSIC 16,864.57 100000016584727December Retirement-CLASSIC 18,609.68 100000016618870 December Retirement-PEPRA 6,480.41 100000016618884
Vendor: 105 CINTAS
1918 Replenish First-Aid Cabinets 30.19 30.19 5088639035 Vendor: 121 CLEANSTREET
1919 January Litter/Street Clean 1,782.06 1,782.06 102234CS Vendor: 176 EXCEL LD
1920 January Telephone LD Service 23.09 23.09 1191239731 Vendor: 203 GREEN HALO SYSTEMS
1921 February Hosting/Access 114.00 114.00 3496
Vendor: 207 SANDY XIA
1922 Re-issue Voided Ck# 1767, Deposit Refund, 7 Bayberry 2,779.14 500.00 V_BLDR0257-2017 Re-issue Voided Ck# 1767, Deposit Refund, 7 Bayberry 2,279.14 V_BLDR257-17-2 Vendor: 213 HILLYARD INC
1923 Janitorial Supplies 300.58 300.58 604632260
Vendor: 214 HINDERLITER DE LLAMAS & ASSOC
1924 Sales Tax Audit Svcs, Q2/2020 2,305.99 776.99 SIN005795 Sales Tax Audit Svcs, Q1/2020 1,529.00 SIN003543
.
apapdinv2 ntanori Town of Portola Valley Page 2
10:25 02/18/22 Paid Invoices by Date
From: 02/23/2022 to 02/23/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 218 MISSIONSQUARE RETIREMENT
1925 Defer Comp, January 2022 4,601.50 4,601.50 JAN2022_DEFCOMP Vendor: 227 INTERSTATE TRAFFIC CNTRL
1926 Street Signs 1,577.37 207.37 248790
Street Signs/ Fire Mitigation Signs 1,370.00 248810
Vendor: 234 J. W. ENTERPRISES
1927 Portable Lavs - February 402.50 402.50 238385
Vendor: 278 LAMPHIER GREGORY
1928 Planning Consultant 11/27/21 - 01/21/22 4,477.00 4,477.00 2022-1175 Vendor: 295 LYNX TECHNOLOGIES INC
1929 Resolve EnerGov GIS Integration/ESRI Acct Activation 1,025.00 1,025.00 9565 Vendor: 307 MAZE & ASSOCIATES
1930 Measure A/W Reports for FYE 06/30/21 1,625.00 1,625.00 43517 Vendor: 326 MUNICIPAL CODE CORPORATION
1931 Electronic Update to Code of Ordinances 2,267.42 2,267.42 00370083 Vendor: 337 O. NELSON & SON INC.
1932 Right of Way Tree Maintenance - Grove Dr 11,585.00 9,985.00 229 Additional Right of Way Tree Maintenance - Grove Dr 1,600.00 230 Vendor: 341 OLBERDING ENVIRONMENTAL INC
1933 C-1 Trail Monitoring 11/1/21 - 11/30/21 5,579.40 2,220.00 2021527 C-1 Trail Monitoring 07/01/21 - 08/31/21 3,359.40 2021398 Vendor: 364 PERS HEALTH
1934 January Health 24,890.17 12,451.58 100000016651684 February Health 12,438.59 100000016682571
Vendor: 367 PG&E
1935 January Statements 2,309.72 2,309.72 JAN-2022
Vendor: 373 PITNEY BOWES INC.
1936 Postage Meter Rental 11/29/21 - 02/26/22 170.63 170.63 1020021225 Vendor: 376 PORTOLA VALLEY HARDWARE
1937 January Statement 136.47 136.47 193-JAN22
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
.
apapdinv2 ntanori Town of Portola Valley Page 3
10:25 02/18/22 Paid Invoices by Date
From: 02/23/2022 to 02/23/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/23/22 1938 January Fuel Statement 2,209.86 289.45 G20220131-2 Lawn Mower Repair 466.52 70314
Chevrolet Cab Repairs 1,453.89 69408
Vendor: 413 SANGINI MAJMUDAR BEDNER
1939 Winter 2022 Classes 1,600.00 1,600.00 WINTER-2022
Vendor: 428 SHARP BUSINESS SYSTEMS
1940 January Copies 23.31 23.31 9003669679
Vendor: 429 SHELLY SWEENEY
1941 Winter 2022 Classes 784.00 784.00 WINTER-2022
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
1942 March Dental/Vision 2,851.70 2,851.70 MAR-2022
Vendor: 447 STAPLES CREDIT PLAN
1943 January Statement 377.41 377.41 2814-JAN22
Vendor: 482 TURF & INDUSTRIAL EQUIPMENT CO
1944 Tractor Repairs 909.09 909.09 RO29697
Vendor: 489 VERIZON WIRELESS
1945 January Cellular 432.18 432.18 9898131920
Vendor: 499 WESTRIDGE ARCHITECTURAL
1946 2022 Annual Assessment 120.00 120.00 WASC-2022
Vendor: 501 WILLIAM MAINZER
1947 Deposit Refund, 199 Mapache 1,100.00 1,100.00 PERMIT_16175 Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
1948 10/28/21-11/11/21 Fire Mitigation Support Crew- RedwoodDuff 4,603.66 1,917.81 REDWOODDUFF-101 10/29/21-11/01/21 Fire Mitigation Support Crew- Stormwatch 2,685.85 STORMWATCH-101 Vendor: 528 PORTOLA CAFE DELI
1949 COVID Business Assistance Grant Program 10,000.00 10,000.00 CBAG_2022 Vendor: 634 ROEBBELEN CONTRACTING
1950 Deposit Refund, 501 Portola 121.89 121.89 BLDC0009-2019 Vendor: 642 CYBERTARY.COM
1951 January Transcription Svcs 647.50 647.50 4497
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apapdinv2 ntanori Town of Portola Valley Page 4
10:25 02/18/22 Paid Invoices by Date
From: 02/23/2022 to 02/23/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 690 CRUZ STRATEGIES
1952 Government Relations Consulting - February 625.00 625.00 2131 Vendor: 730 URBAN PLANNING PARTNERS INC
1953 PV Housing Element Update - November 22,641.52 17,823.40 21029-211130 PV Safety Element Update - Oct. to Nov. 4,818.12 21031-211130 Vendor: 740 ALESSANDRO MORUZZI
1954 Winter 2022 Classes 744.00 744.00 WINTER-2022
Vendor: 786 VORTEX INDUSTRIES, LLC
1955 Library ADA Door Replacement Sticker 40.16 40.16 45-1567030 Vendor: 788 BAYSHORE PLUMBERS
1956 Deposit Refund, 191 Meadowood 1,500.00 1,500.00 PW0004-2019 Vendor: 789 CESAR DONOFRIO
1957 Deposit Refund, 20 Sioux 1,000.00 1,000.00 BLDM0004-2021 Vendor: 790 BAY VIEW ROOFING
1958 Deposit Refund, 30 Cheyenne 1,000.00 1,000.00 BLDR0143-2021 Vendor: 791 GUANGXI JIN
1959 Deposit Refund, 9 Buck Meadow 3,856.64 3,856.64 PLN_ARCH0023-20 Vendor: 792 COLIN GRAY
1960 Deposit Refund, 60 Valencia 1,000.00 1,000.00 BLDR0126-2020 Vendor: 793 PACIFIC PREMIER TRUST FBO THOM
1961 Deposit Refund, 42 Santa Maria 2,768.92 500.00 PLN_ARCH0041-20 Deposit Refund, 42 Santa Maria 2,268.92 PLN_ARCH0041-2
Vendor: 794 MATTHEW SONSINI
1962 Deposit Refund, 880 Westridge 4,710.23 505.00 PLN_PAR0001-202 Deposit Refund, 880 Westridge 4,205.23 PLN_ARCH0011-20
Vendor: 795 SEQUOIA LIVING
1963 Deposit Refund, 501 Portola 1,324.00 299.50 BLDC0008-2019 Deposit Refund, 501 Portola 75.00 BLDC0007-2019Deposit Refund, 501 Portola 949.50 BLDC0006-2019 Check Date Totals 221,075.74
Grand Total 221,075.74
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
February 23, 2022
Claims totaling $221,075.74 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
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: February 23, 2022
RE: Annual Automated License Plate Reader system audit
RECOMMENDATION
Staff recommends the Town Council accept this audit of the town’s Automated License Plate (ALPR) system.
BACKGROUND
In March 2017, the Town Council adopted an ordinance regulating the use of the town’s Automated License Plate Readers (ALPRs). Installation was completed in February 2018.
Per the adopted ordinance:
“The Town Manager will give an annual report to the Town Council on the number of times data was accessed by law enforcement, including, but not limited to a report from the law enforcement agency as to how many of the license plates included in the data accessed were “hits” (on an active wanted list), the number of inquiries made by law enforcement personnel relative to the data, the justification(s) for those inquiries, and information on any data retained beyond retention periods described in 9.02.030(B) and the reasons for such retention.”
DISCUSSION
There are two ways to access information collected on the town’s two ALPR installations:
• Through the town’s credentials
• Through agreements to other agencies that utilize their own credentials Over the course of last year, the town’s ALPR data was accessed in both ways.
Town Credentials
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
ALPR System Audit Page 2
The Town Manager and the Public Works Director have access to the ALPR system.
Between January 1, 2021 and December 31, 2021, there were 34 total logins through the Portola Valley LEARN portal (Attachment 1):
• Town Manager Jeremy Dennis logged into the system once to ensure continued ability to log in.
• Public Works Director Howard Young logged into the LEARN system thirty-three times; all logins were associated with system maintenance issues, as well as monthly status update check-ins (including one log in at the Arastradero camera site.
San Mateo County Sheriff’s Office
The Sheriff’s Office provided a report based on their use of the LEARN system (Attachment 2); the Sheriff’s Office accessed LEARN date for three Portola Valley-specific cases.
Vigilant is unable to provide information on Portola Valley-specific searches by the Sheriff’s Office.
Retention
The Town’s ALPR ordinance calls for an audit of any data kept beyond the retention period.
The Sheriff’s Office has not retained data longer than a year.
FISCAL IMPACT
There is no fiscal impact associated with acceptance of this audit report.
ATTACHMENT
1. LEARN audit, Town Credentials
2. Sheriff’s Office Report
Vigilant PlateSearch - Login Tracking Report
No Username Status Date Time
1 [email protected] Login 12/27/2021 10:57:11 AM 2 [email protected] Login 12/27/2021 10:56:55 AM 3 [email protected] Login 12/27/2021 10:56:40 AM 4 [email protected] Login 12/13/2021 3:51:42 PM
5 [email protected] Login 11/2/2021 2:52:18 PM
6 [email protected] Login 11/1/2021 11:13:15 AM
7 [email protected] Login 11/1/2021 11:13:10 AM
8 [email protected] Login 10/18/2021 4:17:35 PM
9 [email protected] Login 10/18/2021 10:45:32 AM 10 [email protected] Login 10/18/2021 8:02:47 AM 11 [email protected] Login 7/23/2021 3:09:35 PM
12 [email protected] Login 7/23/2021 3:05:16 PM
13 [email protected] Login 7/23/2021 1:49:36 PM
14 [email protected] Login 7/20/2021 4:00:17 PM
15 [email protected] Login 7/19/2021 11:59:54 AM 16 [email protected] Login 7/19/2021 10:22:30 AM 17 [email protected] Login 7/19/2021 10:03:11 AM 18 [email protected] Login 7/19/2021 7:35:59 AM
19 [email protected] Login 7/15/2021 11:56:55 AM 20 [email protected] Login 6/2/2021 7:26:23 AM
21 [email protected] Login 4/26/2021 7:25:17 AM
22 [email protected] Login 3/15/2021 3:41:50 PM
23 [email protected] Login 3/15/2021 11:01:33 AM 24 [email protected] Login 3/8/2021 3:00:52 PM
25 [email protected] Login 3/8/2021 3:00:49 PM
26 [email protected] Login 2/9/2021 4:38:38 PM
27 [email protected] Login 2/9/2021 8:14:21 AM
28 [email protected] Login 1/20/2021 3:56:06 PM 29 [email protected] Login 1/20/2021 3:46:20 PM
30 [email protected] Login 1/12/2021 5:01:38 PM
31 [email protected] Login 1/12/2021 4:52:31 PM
32 [email protected] Login 1/11/2021 12:43:12 PM 33 [email protected] Login 1/7/2021 11:36:34 AM
34 [email protected] Login 1/7/2021 11:33:27 AM
ATTACHMENT #1
AUTOMATED LICENSE PLATE READER
San Mateo County Sheriff’s Office/Portola Valley Audit
January 1, 2021-December 31, 2021
Summary:
This report was requested by the Town of Portola Valley and reviews the usage of the Automated License Plate Readers (ALPR) owned and operated by the Town of Portola Valley. The Town of Portola Valley and San Mateo County Sheriff’s Office have their own Vigilant Solutions accounts (LEARN Portals) that work independently. The information that is gathered through the Portola Valley ALPR’s are viewable through that San Mateo County Sheriff’s Office’s LEARN Portal.
When an authorized user from the San Mateo County Sheriff’s conducts a search of a license plate, and/or partial license plate, the cameras from Portola Valley are automatically included in the search. Additionally, an authorized user can conduct a search of a specific Portola Valley ALPR if they want to narrow down the search field.
This report reviews the general searches conducted by the San Mateo County Sheriff’s Office, which includes the Portola Valley’s ALPR, and specific searches using the Portola Valley’s ALPR.
Logins
Between January 1, 2021 and December 31, 2021, authorized users of the San Mateo County Sheriff’s Office logged into their LEARN Portal 2,738 times. These logins include from a desktop computer or mobile device. The San Mateo County Sheriff’s Office’s users include the patrol bureau, Vehicle Theft Tasks Force (VTTF), Investigations, Gang Intelligence Unit (GIU), Crime Suppression Unit (CSU) and analyst from the San Mateo County Sheriff’s Office.
Plate Queries
Between January 1, 2021 and December 31, 2021, users from the San Mateo County Sheriff’s Office have conducted 7,758 license plate inquires spanning over 755 cases. It is important to note through the LEARN Portal users can conduct partial searches of vehicles and often searches conducted under these circumstances can and will lead to multiple searches. Portola Valley searches are automatically included in San Mateo County Sheriff’s Office’s default searches.
Specific Portola Valley Related Cases
Between January 1, 2021 and December 31, 2021, users from the San Mateo County Sheriff’s Office conducted 3 specific searches using the Portola Valley ALPRs. Attached is the case number/reason for the search, date and user in Attachment # 1.
Submitted by Captain Andrew Armondo
February 4, 2022
ATTACHMENT #2
Attachment #1
Det. Serrano 21-02688 April 4th, 2021 Attempted Residential Burglary from Half Moon Bay Det. Hoffman 21-02394 April 13th, 2021 Attempted Robbery with a Firearm Det. Baggetta 21-05304 July 3rd, 2021 Residential Burglary
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: February 23, 2022
RE: COVID Hazard Pay for Public Works Staff
RECOMMENDATION
Staff recommends that the Town Council approve the use of the American Rescue Plan Act funds to provide a one-time hazard payment to Public Works staff.
BACKGROUND
At the start of the pandemic, the Town’s Public Works team continued to work in the community, providing continued service to residents and visitors alike. Despite stay at home orders applicable to most employees, the team continued to maintain the Town’s facilities and support members of the public on a regular basis. This commitment to service, in the light of the early unknowns of the pandemic, are deserving of recognition.
DISCUSSION
The American Rescue Plan Act provides for hazard pay for essential workers through a “premium pay” concept:
“Premium Pay: The final rule offers more streamlined options to provide premium pay, by broadening the share of essential workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline essential workers.” Under the Act, an essential worker is defined as:
‘‘those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each . . . [government] may designate as critical to protect the health and wellbeing of [its] residents.’’ Staff recommends that each Public Works employee receive a one-time payment of $7,500 for their service in the early stages of the pandemic. Funds will come from the Town’s American Rescue Plan Act allotment.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
FISCAL IMPACT
None on the Town’s General Fund as funding in the total amount of $22,500 for this will come from the American Rescue Plan funding to be provided to Public Works staff no later than April 15, 2022. Staff will prepare a budget amendment at a later date. As this amount is considered a bonus, it will not be included in base salary for purposes of Cal PERS.
1 Sharon Hanlon
From: [email protected] <[email protected]> Sent: Wednesday, February 2, 2022 1:04 PM
To: Town Center <[email protected]>
Subject: Committee Application
A new entry to a form/survey has been submitted.
Form Name: Committee Application
Date & Time: 02/02/2022 1:03 PM
Response #: 153
Submitter ID: 6133
IP address:
Time to complete: 12 min. , 5 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(○) Cultural Arts
Applicant Information
Full Name Phil Barth
Email Address
Street Address Wayside Road
City/Zip Portola Valley, CA 94028
Number of years in
Portola Valley
30 Cell Phone
Home Phone
Other Phone
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.
Sue Chaput likes my photography that I've published in PVForum and Facebook, and John Badger has asked me to join the Cultural Arts Committee. I have some initial ideas for how to curate and display photos from members of the Town, which I can develop further and implement as a committee member.
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.
No
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Brandi de Garmeaux, PT Assistant to the Town Manager DATE: February 23, 2022
RE: Adopt a Resolution Authorizing Submittal of Application(s) for All CalRecycle Grants for which the Town is Eligible
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution authorizing the Town Manager to apply for and sign documents on behalf of the Town of Portola Valley needed to secure CalRecycle grant funds and implement approved grant projects.
BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) administers programs to provide opportunities for efforts to reduce, recycle and reuse solid waste generated in the state to preserve landfill capacity and protect public health and safety and the environment.
CalRecycle has been tasked with administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, California’s Short Lived Climate Pollutant Reduction Strategy.
Pursuant to Public Resources Code section 48000 et seq., CalRecycle is distributing $57,000,000 to eligible cities and counties specifically for collection, education and outreach, edible food recovery, capacity planning, procurement requirements, record keeping, enforcement and inspection and program evaluation/gap analysis. Based on its population, the Town is eligible to receive the minimum of $20,000 from this grant program.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
SB 1383 Grant Resolution February 23, 2022
DISCUSSION
In order to be eligible for the grant, CalRecycle requires a Town Council approved resolution authorizing submittal of the application and related documents. The resolution must identify an authorized grant administrator and signer, which historically has been the Town Manager.
The application due date for the first round of grant funding was February 1, 2022 and requires submittal of an adopted resolution by March 1, 2022 and adoption of an enforceable Ordinance by April 1, 2022. Staff submitted the application materials for the grant and will bring the Ordinance for Council review in March. CalRecycle will consider funding recommendations, and if approved, conditionally award grants in April 2022.
FISCAL IMPACT
Approval of the Resolution will enable the Town to be eligible for $20,000 in grant funding through the CalRecycle grant program as well as future grant opportunities. If received, grant funds will be applied toward SB 1383 procurement, outreach and record keeping requirements.
ATTACHMENT
1. Resolution
RESOLUTION NO. _____-2022
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANTS FOR WHICH THE TOWN OF PORTOLA VALLEY IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Portola Valley authorizes the submittal of application(s) to CalRecycle for all grants for which the Town of Portola Valley is eligible; and BE IT FURTHER RESOLVED that the Town Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the Town of Portola Valley all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project(s); and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution.
PASSED AND ADOPTED this 23 day of February, 2022.
By: __________________________
Mayor
ATTEST:
___________________________
Town Clerk
ATTACHMENT #1
______________________________________________________________________________________ TO:
FROM:
DATE:
Mayor and Members of the Town Council
Cara Silver, Town Attorney
February 23, 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 23, 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 requires face masks in combination with other safety precautions when activities occur in shared indoor spaces to mitigate the risk of COVID-19 transmission; effective February 16, 2021, the San Mateo County Public Health Officer will lift the face covering mandate for vaccinated individuals, but still require face coverings for unvaccinated individuals with a recommendation that even vaccinated people should wear a mask in indoor public settings as well as crowded settings is still a good idea and something we strongly recommended to be worn; and effective February 14, 2022, the Town Manager issued updated work place guidelines imposing safety protocols on persons attending Town Hall facilities;
ATTACHMENT #1
2 WHEREAS, in the last few months, while hospitalizations and severe illnesses have gone down, new COVID-19 variants have emerged and continued to impact the County’s hospital capacity;
WHEREAS, these variants are believed by medical experts to be even more 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 continuing presence of COVID-19 variants, 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 23rd day of February 2022.
By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Sharon Hanlon, Town Clerk
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
Jeremy Dennis, Town Manager
DATE: February 23, 2022
RE: Safety Element Update
RECOMMENDATION
Staff recommends that the Town Council receive an update on the Safety Element Update, provide any additional direction on the work, and provide feedback on a potential increase to the Safety Element budget.
BACKGROUND
The Safety Element is one of the mandatory elements that must be included in the Town’s General Plan. State law requires the adoption of a Safety Element to protect the public from unreasonable risks associated with public safety hazards. The Safety Element must be updated every eight years on the same cycle as the Housing Element. On August 11, 2021, the Town Council considered the process for updating the Safety Element and approved a contract with Urban Planning Partners as the lead consultant for the work. The August 11 staff report (without attachment) is included as Attachment 1 to this report and the minutes are available on the Town's website.
DISCUSSION
Given the importance of the Safety Element for the community, the Town Council elected to start the Safety Element process earlier than many jurisdictions. This approach was necessary to ensure key aspects of the Safety Element analysis could be fed into the Housing Element Update process. As a result, there were many unknowns when the Council approved the contract with Urban Planning Partners. At the time, staff anticipated a coordinated effort by San Mateo County on Safety Element Updates. Additionally, Town staff thought that other governmental bodies would be developing data and mapping that may be useful to the Town’s Safety Element. Neither of these things developed as expected.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Safety Element Update February 23, 2022
There is a coordinated effort amongst the cities/towns in San Mateo County that is just beginning. As of the writing of this report, this collaborative has not issued a Request for Proposals (RFP) for qualified consultants. As such, the coordinated effort will likely be far behind the Town’s effort. Staff will continue to monitor the collaborative effort and see if any of the work product would be useful to the Town.
Highlights of the ongoing Safety Element work include the following:
• Fire Safety: Urban Planning Partners subcontracted with Zeke Lunder, Pyrogeographer from Deer Creek Resources, to support wildfire related components of the Housing Element and Safety Element updates. He has prioritized tasks that inform the Housing Element update process. Mr. Lunder completed a two-day tour of the community to better understand the Portola Valley topography and “ground truth” and developed preliminary recommendations. He is also working on policy recommendations for the Safety Element and has communicated with the Woodside Fire Protect District (WFPD) Fire Marshall on future mapping needs. • Evacuation Safety: Two coordinated evacuation studies are underway. Atlas Planning Solutions, another Urban Planning Partners subconsultant, has been conducting evacuation analysis on constrained roadways and parcels with limited ingress/egress as described in SB99. The Town also contracted with transportation experts Fehr & Peers to undertake a separate evacuation study. The two efforts are coordinated and will both support the Safety Element. Atlas Planning Solutions will collaborate with Fehr & Peers to develop policies to mitigate constrained roadways and parcels with limited ingress/egress. Analysis from both these studies will be shared with the public and relevant Town Committees as it is completed. • Geologic Safety: Urban Planning Partners has been in communication with the Town Geologist and has integrated the Town’s geologic maps into the analysis for the Housing Element and Safety Element updates. As geologic analysis is developed, it will be shared with the Town Geologist and Geologic Safety Committee.
Community Engagement Strategy
• Community-Wide Outreach: A community meeting or open house will be scheduled to receive input from residents. A schedule has not been confirmed but it is anticipated to occur in April or May 2022.
• Committee Input: The Ad Hoc Wildfire Preparedness Committee, Emergency Preparedness Committee and Geologic Safety Committee will all be invited to review the draft analysis. The schedule for these meetings has not been confirmed but they are anticipated to occur between April and early June.
• Planning Commission: The public will be encouraged to provide comments when the Planning Commission reviews the draft Safety Element.
Safety Element Update February 23, 2022
• Communications: A new webpage has been developed where milestones will be posted. Updates will be published through Town News and the regular Thursday message from the Town. Interested residents are encouraged to sign up for updates through the Town’s eNotice system.
Budget and Staff Resources
As described above, the potential to collaborate with other local jurisdictions on the Safety Element Update has not developed at a rate that is useful to the Town. Waiting for the collaborative effort would have resulted in a lack of needed information to support the Housing Element Update process, which is on a very strict timeline dictated by State requirements. Therefore, the direct costs to the Town are potentially higher than a different approach may have been. However, this approach has allowed the Town to customize the workplan to meet the needs of the community.
The process of updating the Safety Element has been fluid because State laws have changed significantly in recent years and the Governor’s Office of Planning and Research (OPR) has updated its guidance on planning for wildfire prone areas. As staff and the consultant team has gotten into the workplan, the necessary resources have become clearer. Additionally, Town staff is planning for key project staff to be on leave beginning in April 2022. Staff anticipates the need for additional resources to complete the Safety Element in a legally compliant manner with robust community outreach.
Staff proposes to increase the work scope of Atlas Planning Solutions to provide flexibility for the other members of the consultant team to complete work that would have been done by staff who will be on leave.
1 Additional funds will also be required for public meetings, given the very high level of community interest in the process. Safety Elements for communities with higher fire danger are required to be reviewed by CalFire. Based on the experience of the consultant team, that coordination is also expected to require additional budget. At this time, the budget increase for the additional work is anticipated to be approximately $35,000.
Staff requests Town Council’s preliminary feedback on the proposed budget increase at this time. Staff would then return for a contract amendment request with a detailed budget.
FISCAL IMPACT
Staff anticipates the need for a budget increase of approximately $35,000. Depending on direction from Town Council, a future item would include the detailed budget and contract amendment.
ATTACHMENTS
1. August 11, 2021 Staff Report (without attachment)
1 The approach covers only a portion of the work done by staff that will be on leave. The Town Council will receive an update on overall Planning and Building Department staffing at an upcoming meeting.
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
Jeremy Dennis, Town Manager
DATE: August 11, 2021
RE: Safety Element Update – Process and Contract with Urban Planning Partners
RECOMMENDATION
Staff recommends that the Town Council approve a contract with Urban Planning Partners for planning services to update the Safety Element of the General Plan and provide any direction on the scope and approach to the work.
BACKGROUND
The Safety Element is one of the mandatory elements that must be included in the Town’s General Plan. State law requires the adoption of a Safety Element to protect the public from unreasonable risks associated with public safety hazards through goals and policies aimed at reducing the risk associated with these hazards.
Per Government Code Section 65302(g), a safety element must provide for the protection of the community from any unreasonable risks associated with the effects of:
• seismically induced surface rupture, ground shaking, ground failure; • tsunami, seiche, and dam failure;
• slope instability leading to mudslides and landslides; • subsidence;
• liquefaction;
• other seismic hazards (identified in the Public Resources Code or known to the legislative body;
• flooding; and
• wildland and urban fires.
TOWN OF PORTOLA VALLEY
STAFF REPORT
ATTACHMENT #1
Safety Element Update - Process and Contract August 11, 2021
The safety element must include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
Safety elements must also identify information regarding flood hazards, establish comprehensive goals, policies, and objectives based on information identified with respect to flood hazards, and establish feasible implementation measures to carry out goals, policies and objectives identified with respect to flood hazards.
The Town’s current Safety Element was adopted on July 28, 2010. In accordance with State Law, the Town is updating its Safety Element concurrently with its Housing Element. (The Town Council had a detailed discussion of the Housing Element Update process on April 28, 2021.)
DISCUSSION
The State Office of Planning and Research publishes guidance for updating Required Elements, including Safety Elements. The process to update the Safety Element is multifaceted and includes:
• Researching and gathering information and data.
• Conducting assessments.
• Receiving public comment.
• Submitting drafts to the appropriate public entities. Before adoption or amendment the Town must submit the draft to the following agencies:
The California Geological Survey and the Department of Conservation for a determination of whether the element incorporates known seismic and other geologic hazard information.
State Board of Forestry and Fire Protection (CalFire) and the Woodside Fire Protection District
• CEQA Review
• Planning Commission review.
• Town Council adoption.
The details of the proposed scope of work are located in Attachment 1 Exhibit A. Given the priorities of the Town, the discussion below focuses primarily on fire safety and evacuation network analysis. Geologic safety is also a primary concern of the community; however, the Town has robust geologic safety mapping and policies that will feed directly into the Safety Element update process.
Related to fire safety, Government Code Section 65302(g)(3) requires the development of goals, policies, and objectives based on analysis of:
• Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
Safety Element Update - Process and Contract August 11, 2021
• Historical data on wildfires available from local agencies or reference to where the data can be found.
• Information about wildfire hazard areas that may be available from the United States Geological Survey.
• General location information and distribution of existing and planned uses of land in very high fire hazard severity zones including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner’s associations.
• Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
The Safety Element Update will also follow the guidance of the Office of Planning and Research Fire Hazard Planning Technical Advisory.1
CalFire and Woodside Fire Protection District are required to review the draft Safety Element and make recommendations regarding both of the following:
• Uses of land and policies in Very High Fire Hazard Severity Zones that will protect life, property and natural resources from unreasonable risks associated with wildland fires. • Methods and strategies for wildland fire risk reduction and prevision within Very High Fire Hazard Severity Zones. These methods and strategies should reflect accepted best practices in the most recent guidance in the Office of Planning and Research Fire Hazard Planning Technical Advisory.
Staff attended a workshop with CalFire Land Use Planning Program staff, coordinated by Woodside Fire Protection District, so the Town has some understanding of what that review will include and can develop the Safety Element with those parameters in mind.
The scope of work also includes network accessibility analysis as required by Senate Bill 99.
Fehr & Peers will evaluate parcel accessibility to/from evacuation routes and identify which parcels are in hazard areas that only have one emergency access route. This will assist in identifying which neighborhoods have less resiliency, and potentially more vulnerability, during an evacuation event. At this time, it is not known whether outside agencies will be able to provide information to complete this analysis. The budget includes a contingency item to complete the modeling for this work if the information is not available from other agencies.
Community Engagement Strategy
• Community-Wide Outreach: Early in the process, a community meeting or open house will be scheduled to receive input from residents. Additionally, residents will be encouraged to participate in the meetings below.
1 The Technical Advisory is currently in draft form and was released in November 2020. It has not been formally adopted. Staff inquired with OPR on the expected publication date of the final version but we have not received a reply.
Safety Element Update - Process and Contract August 11, 2021
• Committee Input: The Ad Hoc Wildfire Preparedness Committee, Emergency Preparedness Committee, Sustainability Committee, and Geologic Safety Committee will all review the draft goals, objectives, policies and implementation measures and provide feedback.
• Planning Commission: The public will be encouraged to provide comments when the Planning Commission reviews the draft goals, objectives, policies and implementation measures, and again when there is a complete draft Safety Element. • Communications: Town staff expects to post monthly web updates and distribute Town News at key milestones in the process. The eNotice system will have a topic for the Safety Element that will be used to notify residents of all meetings and major milestones.
Consultant Selection
In late May, staff issued a Request for Qualifications (RFQ) and sent it out to approximately 25 firms that expressed an interest through the Association of Bay Area Governments (ABAG) to complete housing elements, safety elements, and associated work. With the support of the Council Subcommittee, staff included an optional task in the RFQ for completion of the Safety Element so that the Town Council would have options to update the Safety Element and to gage consultant interest in the competitive planning consultant market.
Three firms submitted proposals in response to the RFQ. One of the firms proposed on the entire scope of work but their response did not reflect a clear understanding of the work or relevant experience. A second firm has good qualifications but proposed on only the portion of the work related to zoning amendments and not the full scope. The third firm is Urban Planning Partners, a planning consultant firm based out of Oakland with staff that have been working on the Peninsula for many years. Staff was pleased to receive a qualified response, as many smaller towns and cities have issued requests for qualifications for housing element and general plan work and received no responses from qualified firms.
Council Member Aalfs, Town Manager Dennis, and Planning and Building Director Russell interviewed Urban Planning Partners and found them to be knowledgeable and experienced with a strong background in communication and community engagement. Subconsultants from Baseline Environmental and Fehr & Peers were also in the interview and similarly demonstrated strong experience and communication. Notably, Urban Planning Partners and subconsultant Deer Creek Resources are working with the Town of Paradise on wildfire issues, including their Housing Element Update. On July 17, 2021, the Town Council approved a contract with Urban Planning Partners for work related to the Housing Element update and associated review under the California Environmental Quality Act (CEQA). Their qualifications can be found in the July 14, 2021 agenda packet.
Staff recommends selecting Urban Planning Partners for the Safety Element Update as well as the Housing Element scope of work. Hiring the same consultant will allow efficiencies in communication, better management of the schedule for both initiatives, easier integration of safety components into the Housing Element, and cost savings for the CEQA review.
Safety Element Update - Process and Contract August 11, 2021
Budget and Staff Resources
All jurisdictions in the Bay Area are on the same schedule to update their Housing Elements and Safety Elements, and many consultants do not have capacity to take on additional work.
Therefore, it is very competitive to secure qualified consultants during this timeframe.
Conversely, there are San Mateo Countywide efforts to collaborate on initiatives that may result in cost savings. Currently, the Town is collaborating on the Multijurisdictional Local Hazard Mitigation Plan; some aspects of that work will inform the Safety Element.
Additionally, the County has indicated that they will be coordinating some work on Safety Elements, but the scope of that work is not clear yet. As mentioned above, there may be outside agency resources for some of the evacuation work that will be completed.
Therefore, staff recommends entering into the proposed contract so that the project team can begin the process and evaluate the potential resources. Staff anticipates that the work could potentially be completed for a smaller total cost, but it will depend on the timing and completeness of other agencies work product and Countywide collaboration.
The proposed budget is $89,466. There is a contingency item of $10,890 to cover evacuation modeling if that analysis cannot be completed using other agency resources. The total proposed budget is therefore $100,256 with contingency.
Timely completion of the Safety Element work program will require significant staff resources, which will be heightened since the housing Element Update is happening concurrently. Staff recommends the following staff roles and responsibilities:
• The Planning & Building Director would oversee the overall process and lead communication with the Town consultant.
• The Town Manager would set direction, coordinate with other emergency preparedness efforts, oversee communications with the community, and participate directly with key meetings at decision points.
• The Town Attorney would provide legal oversight and advice. • The Senior Planner would manage the day-to-day details with oversight by the Planning & Building Director.
• The Assistant Planner would provide support on specific tasks as needed. • The Communications & Community Engagement Analyst would assist with communications, web updates, and Town News.
• The Public Works Director would provide technical advice on studies and policies within his purview.
Woodside Fire Protection District staff will also be invited to participate in the process and have a role in reviewing the Draft Safety Element, as described above.
FISCAL IMPACT
The cost to update the Safety Element is $89,466, plus the contingency of $10,890 that may be necessary for evacuation modeling, for a total cost of $100,256. As discussed above, it may be possible to complete the work for less using outside agency and Countywide resources. The cost will be spread over this fiscal year (2021-2022) as well as next fiscal
Safety Element Update - Process and Contract August 11, 2021
year. The current fiscal year budget includes $25,000 for this work. Staff will incorporate the additional funds as needed into the budget revision scheduled for September 8, 2021.
ATTACHMENTS
1. Agreement with Urban Planning Partners
#9
There are no written materials for Finance Department Presentation
TOWN OF PORTOLA VALLEY
Colleagues Memo
TO:
FROM:
DATE:
RE:
Members of the Town Council
Mayor Hughes
February 23, 2022
Revisit the Committee Handbook policies on harassment
RECOMMENDATION
The council should form a subcommittee to develop changes to the Committee Handbook section on harassment, and/or direct such work to the Race & Equity committee. Additional related elements of the Handbook might also need amendment, for example the policy on removal of committee members, which currently requires the concurrence of all three of the Mayor, the council liaison, and the committee chair.
Any proposed changes would be subject to adoption by the full Council.
BACKGROUND
On Feb 10, 2021, this council adopted amendments to our Committee Handbook incorporating for the first time the beginnings of a “Code of Conduct” for committee members and commissioners, prohibiting them from engaging in harassment. While this policy on harassment is a good start, I believe that we should revisit it to incorporate a few additional elements not currently present.
The primary concern is that while the policy prohibits “physical, verbal, and visual conduct when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment”, as well as harassment based on Protected Status, it does not, as written, encourage the opposite – positive engagement, support for other committee members, staff, and the public, and the fostering of a sense of inclusion for all in the work of the committees.
Many organizations do have such positive encouragement elements in their codes of conduct for volunteers.
The National League of Cities published a document that reports 81% of surveyed local officials have experienced harassment, threats, and violence. 87% report that such incidents have increased in recent years. Here are the NLC Report and Western Cities article discussing the report and related issues.
In recent years in Portola Valley, multiple committee members have resigned from committees because they were made uncomfortable or worse while volunteering there.
Such experiences dissuade constructive involvement in the work of the Town and undermine the spirit of Portola Valley. We should ensure that our committees and commissions are not a burden on volunteers; volunteers should not dread attending their committee meetings for fear of being attacked or having to watch others be attacked or demeaned.
EXAMPLES FROM OTHER ORGANIZATIONS
This list is by no means complete:
A short example from the DNC: https://democrats.org/wp-content/uploads/2019/07/VirtualVolunteer-Code-of-Conduct-website.pdf Many sections of the AIHA (The American Industrial Hygiene Association) do not apply, but some of the elements under “Respect”, “Honesty”, “Responsibility”, “Professionalism”, “Community” may have useful elements to draw on:
https://www.aiha.org/membership/member-center/aiha-membership-and-volunteer-code-ofconduct The Institute for Local Government has compiled a list of Codes of Conduct and civility policies from cities in California: https://www.ca-ilg.org/civility
#11
There are no written materials for Council Liaison Committee and Regional Agencies Reports
#12
There are no written materials for Town Manager Report
TOWN COUNCIL WEEKLY DIGEST
Thursday – February 10, 2022
1. Agenda – Architectural & Site Control Committee – Monday, February 14, 2022
2. Agenda (Canceled) – Parks & Recreation Committee – Tuesday, February 15, 2022
3. Agenda – Trails & Paths Committee – Wednesday, February 16, 2022
4. Agenda (Canceled) – Planning Commission – Wednesday, February 16, 2022
5. Agenda – Sustainability Committee – Thursday, February 17, 2022
6. Email from B. Blum re Suspend SB-9 lot splits
7. Email from C. Vertongen re Cal Water, Fire Hydrants, and Fire Prevention Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. Notice from County of San Mateo Superior Court re Grand Jury Selection
______________________________________________________________________________
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 COVID19 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.
Below are instructions on how to join and participate in a Zoom meeting.
Join Zoom Meeting Online:
Please select this link to join the meeting:
https://us06web.zoom.us/j/88349601879?pwd=SU5FdjhkbUtkK0dMdWZuTUI0MHpBZz09 Or: Go to Zoom.com – Click Join a Meeting – Enter the Meeting ID Meeting ID: 883 4960 1879 Passcode: 764842
Or Telephone:
1.669.900.6833
1.888.788.0099 (toll-free) Enter same Meeting ID and Passcode *6 - Toggle mute/unmute. *9 - Raise hand.
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 12:00 PM on the day of the meeting. All comments received by that time will be distributed to Commissioners prior to the meeting. All comments received are included in the public record.
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.
TOWN OF PORTOLA VALLEY
4:00 PM – Architectural Site Control Commission Meeting Monday, February 14, 2022
THIS SPECIAL MEETING IS BEING HELD
VIA TELECONFERENCE ONLY
#1
Agenda – ASCC
February 14, 2022
4:00 PM - CALL TO ORDER
Commissioners Cheung, Koch, Sill, Vice-Chair Wilson, Chair Ross
ORAL COMMUNICATIONS
Persons wishing to address the Architectural and Site Control Commission on any subject not on the agenda may do so now.
Please note however, that the Architectural and Site Control Commission is not able to undertake extended discussion or action tonight on items not on the agenda.
NEW BUSINESS
1. Architectural Review of an application to rebuild and upgrade an existing pump station located off Sioux Way, File # PLN_ARCH0014-2021, APN 077-310-030, California Water Service (S. Avila)
COMMISSION, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS
2. Annual Election of Chair and Vice Chair
3. Commission Reports
a. Update on Ad Hoc Housing Element Committee (Commissioner Sill)
4. Staff Report
a. Update on Safety Element (L.Russell)
APPROVAL OF MINUTES
5. ASCC Meeting of October 11, 2021
6. ASCC Meeting of January 10, 2022
ADJOURNMENT
AVAILABILITY OF INFORMATION
For more information on the projects to be considered by the ASCC at the Special Field and Regular meetings, as well as the scope of reviews and actions tentatively anticipated, please contact Carol Borck in the Planning Department at Portola Valley Town Hall, 650- 851-1700 ex. 211. Further, the start times for other than the first Special Field meeting are tentative and dependent on the actual time needed for the preceding Special Field meeting.
Any writing or documents provided to a majority of the Town Council or Commissions regarding any item on this agenda will be made available for public inspection at Town Hall located 765 Portola Road, Portola Valley, CA during normal business hours. Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall.
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 Planning Department 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.
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 Architectural and Site Control Commission at, or prior to, the Public Hearing(s).
_________________________________________________________
PARKS & RECREATION
COMMITTEE MEETING
CANCELLATION NOTICE
The regular meeting of the Parks & Recreation Committee scheduled for Tuesday, February 15, 2022, has been
canceled. The next regularly scheduled meeting of the Parks & Recreation Committee is Tuesday, March 15, 2022.
Town of Portola Valley
Parks & Recreation Committee Meeting
Tuesday, February 15, 2022 – 7:30 pm
MEETING CANCELLATION NOTICE
#2
____________________________________________________________________________________________________________
SPECIAL VIDEOCONFERENCE 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.
Join Zoom Meeting:
https://us06web.zoom.us/j/84554700397?pwd=amZVc0xNUWk0amw3Nzc0L0dVbHlJZz09 Meeting ID: 845 5470 0397
Password: 520163
To access the meeting by phone, dial:
1-699-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute - press *6
Raise Hand - press *9
1. Call to Order
2. Oral/Community Communications
3. Approval of Minutes from January 19, 2022, meeting
4. Old Business
a. Trail Conditions, Work, and Budget for January 2022: Howard update/discussion b. Cherokee Trail Sign Change/Addition to correspond to trail/path easements: Group - continue discussion/recommendation
c. Alpine Trail/Safe Route to Schools Subcommittee: Group – discussion/update d. PV Trail Map Subcommittee: Group – discussion/update
6. New Business
a. 3915 Alpine Road – Alpine Inn – PG&E equipment installation project: Group – review/ discussion/comments to planning department
b. PV Donates – 2022 project recommendations
6. Other Business
a. 2022 Horse Fair: Group - discussion
7. Adjournment
Next scheduled meeting is March 16, 2022
TOWN OF PORTOLA VALLEY
Trails and Paths Committee Meeting
Wednesday, February 16, 2022, 9:00 AM
Special Videoconference Meeting via Zoom
#3
NOTICE OF MEETING CANCELLATION
PORTOLA VALLEY PLANNING COMMISSION MEETING
REGULARLY SCHEDULED FOR
Wednesday, February 16, 2022
Notice is hereby given that the Portola Valley Planning Commission meeting regularly scheduled for Wednesday, February 16, 2022 has been cancelled.
The next regular meeting of the Portola Valley Planning Commission is scheduled for Wednesday, March 2, 2022 at 7:00 PM.
TOWN OF PORTOLA VALLEY
7:00 PM – Regular Meeting of the Planning Commission
Wednesday, February 16, 2022
Historic Schoolhouse
765 Portola Road, Portola Valley, CA 94028
#4
_________________________________________________________________________________________________
SPECIAL VIDEOCONFERENCE 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.
Join Zoom Meeting:
https://us06web.zoom.us/j/81571773663?pwd=VVFSMHZmSGh4QWMwbWsvejA1bnh5dz09 Meeting ID: 815 7177 3663
Password: 682673
To access the meeting by phone, dial:
1-699-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute - press *6 / Raise Hand - press *9
1. Call to Order
2. Oral Communications
3. Introductions
4. Approval of 1-20-2022 Minutes
5. Old Business *Italics denotes the primary focus anticipated for the meeting a. Updates from Maryann
b. Updates from Brandi
c. Updates by Subcommittees, if any
d. Website Progress Updates, if any
i. Scott/Walt – Climate Change and Energy
ii. Rebecca – Water
iii. Stefan – Transportation
iv. Volunteers for Waste, Clean Air and Dark Sky/Light Pollution e. Upcoming seminar for April
f. Develop sustainability inputs to checklist to be used with ADUs, as input to Ad Hoc Housing Element Committee of Committees*
g. Any other feedback fro Committee of Committees*
6. New Business
a. Projects Sustainability Committee would recommend for PV Donates
7. Next Meeting and Proposed Agenda Topics: March 17 , 2022, 7 pm a. Committee priorities for the next year
8. Adjournment
TOWN OF PORTOLA VALLEY
Sustainability Committee Meeting
Thursday, February 17, 2022 7:00 PM
Special Videoconference Meeting
#5
1 Sharon Hanlon
From: Town Center
Subject:
-----Original Message-----
From: barb blum
Sent: Monday, February 7, 2022 12:59 PM
To: Town Center <[email protected]>
Subject: Cougars
Dear Town Coucilmembers,
I respectfully ask that you enforce state law and suspend SB-9 lot splits until Fish & Game have made a decision on placing our mountain lions on the endangered species list. Development is seriously threatening their habitat up and down California, and the peninsula is no exception. I would hate to see the demise of the elusive and impressive cougar.
Thank you,
Barb Blum
#6
1 Sharon Hanlon
From: Town Center
From: caroline Vertongen
Sent: Tuesday, February 8, 2022 1:04 PM
To: Town Center <[email protected]>
Cc: Sarah Wernikoff <[email protected]>; Craig Hughes <[email protected]>; Jeff Aalfs <[email protected]>; Maryann Moise Derwin <[email protected]>; John Richards <[email protected]>
Subject: Issues with Cal Water/fire hydrants/ and fire prevention Good evening Chair Tomars and members of the Wildfire Prep committee, I hope you get this email well. Last email to Vice Chair Pfau was intercepted by Jeremey Dennis and I needed to confirm that the email was not sent to him but to the Wildfire Preparedness Committee First of all I would like to thank you all for the time you spend to ensure the safety of our community. I hope your efforts are geared towards “fire and wildfire prevention” Town council relies on “resiliency” and sadly enough has failed to uphold the guidelines of our General Plan and failed repeatedly to take action when residents expressed their concerns.
Thank you for requesting Mr. Moritz to present his thorough study and findings.
Our General Plan, Safety Element and other guidelines referenced this map and findings since 2009‐ We, PV residents, have addressed our concerns at Emergency preparedness meetings, meetings with Fire department officials, Town Council and staff for many years …….
Water supply, water quality, and water pressure have also been the concerns of many residents for many years.
We have spoken at Town Council meetings, Emergency Preparedness meetings, sent many emails to staff and other officials like our fire department, CalWater ….and got the runaround. I have no other choice but to involve CUPC because it is just ridiculous …
Please review the Town Council minutes of January 26 included in the package for this upcoming Town Council meeting. My concerns were addressed to the Sustainability Committee and was dismissed according to Council member Derwin , but I have not gotten a response from Mr Unnash, who at the time was listed as Chair ( I guess my email prompted town staff to update their website). I had intended to attend that meeting, but I could not at the last minute so I do not really know at this time what happened.
Again Town staff did not include all information I have sent to them over the years ‐ there’s is study from CalWater showing that the water pressure at the hydrants on Palmer Lane were as low as 29 PSI ‐ and I had submitted pictures to show how damaged our infrastructure is ‐ Palmer Lane is one of the newer streets in Portola Valley, but like many other residents in town we have addressed the issues with our water pressure, fire hydrants, and quality of water for at least 4 years now….After all these years CalWater came out and subcontractors performed 2 emergency repairs in the last 4 months, but the issues only seem to get worse.
Last Thursday February 3, 2022 CalWater performed a fire flush out for the new construction at 85 and 77 Palmer lane dropping our water pressure from 39 to 30 PSI ‐
#7
2 Fire prevention is important and we need to make sure that our infrastructure and fire department is ready to prevent fire and definitely prevent any spread of fire. As you heard at your last m eeting Mr Don Bullard confirmed that our fire station #8 does not have the ladder needed to access the Multifamily home approved and built accross the street at Woodside Priory ‐ he confirmed they depend on a fire truck to come from Menlo Park in case there is a fire ….
Please note many PV residents appreciate your work and we will continue to support your efforts.
Thank you,
Caroline Vertongen
Palmer Lane
.~ ...... - ;, : ,~
TOWN COUNCIL WEEKLY DIGEST
Thursday – February 17, 2022
1. Agenda – Ad-Hoc Housing Element Committee – Tuesday, February 22, 2022
2. Agenda – Conservation Committee – Tuesday, February 22, 2022
3. Notice – Town Hall Closure in Observance of Presidents’ Day – Monday, February 21, 2022
4. Invitation to Council of Cities Dinner Meeting – Friday, February 25, 2022
5. Email from K. O’Hanlan re AZEK Building Material for Deck Remodel – February 3, 2022
6. Email from C. Vertongen and reply from Planning and Building Director re Zoning Map Update and additional questions – February 16, 2022
Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. None
______________________________________________________________________________
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 COVID19 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.
Below are instructions on how to join and participate in a Zoom meeting.
Join Zoom Meeting Online:
Please select this link to join the meeting:
https://us06web.zoom.us/j/89987685763?pwd=MW9BQ0UwZGMvY2NWajF4UTRDdjNyZz09 Or: Go to Zoom.com – Click Join a Meeting – Enter the Meeting ID Meeting ID: 899 8768 5763 Passcode: 644998
Or Telephone:
1.669.900.6833
1.888.788.0099 (toll-free) Enter same Meeting ID and Passcode *6 - Toggle mute/unmute.
*9 - Raise hand.
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 12:00 PM on the day of the meeting. All comments received by that time will be distributed to Committee Members prior to the meeting. All comments received are included in the public record.
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 provide comments using the “raise your hand” feature when the Chair calls for them.
Approximate timeframes are provided for agenda items as a guide for the Chair, Committee Members, and the public. Actual times may vary.
TOWN OF PORTOLA VALLEY
4:30 PM – Ad Hoc Housing Element Committee Meeting
Tuesday, February 22, 2022
THIS MEETING IS BEING HELD
VIA TELECONFERENCE ONLY
Page
#1
69 Agenda – AHHEC
February 22, 2022
Committee Members:
Jeff Aalfs - Town Council Subcommittee Al Sill - ASCC Representative and Vice-Chair Aimee Armsby Jocelyn Swisher - Chair
Sue Crane Nicholas Targ - Planning Commission Representative Sarah Dorahy Bob Turcott
Erik Doyle Janey Ward
William Kelly Sarah Wernikoff - Town Council Subcommittee Anne Kopf-Sill - Planning Commission Representative Helen Wolter Andrew Pierce - Race and Equity Committee Representative Staff Contacts:
Laura Russell - Planning & Building Director
Adrienne Smith - Senior Planner
4:30 PM - CALL TO ORDER AND ROLL CALL
ORAL COMMUNICATIONS
Persons wishing to address the Ad Hoc Housing Element Committee on any subject not on the agenda may do so now. Please note however, that the Ad Hoc Housing Element Committee is not able to undertake extended discussion or action tonight on items not on the agenda. Comments will be limited to two minutes per person.
PRESENTATION
1. Woodside Fire Protection District Update – (15 Minutes)
COMMITTEE DISCUSSION
2. Housing Sites Inventory Part II of III (2 Hours 15 Minutes) a. Process for Committee recommendations
b. Review Part I discussion and key takeaways from 10/18/2021 meeting c. Presentation of updated constraints maps
d. Review overall Regional Housing Needs Allocation according to income category e. Preliminary discussion on specific sites to include in the Sites Inventory
STAFF UPDATE
3. Review forthcoming Committee meeting topics and schedule (5 Minutes)
APPROVAL OF MINUTES
4. Ad Hoc Housing Element Committee Meeting of 1/31/22 (5 Minutes)
ADJOURNMENT
COMMUNICATIONS DIGEST
Public comments received since the last meeting will be distributed to the Committee at the end of each agenda packet.
Agenda – AHHEC
February 22, 2022
AVAILABILITY OF INFORMATION
For more information on the items to be considered by the Committee, please email [email protected].
Any writing or documents provided to a majority of the Town Council or Commissions regarding any item on this agenda will be made available for public inspection at Town Hall located 765 Portola Road, Portola Valley, CA during normal business hours. Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall.
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 Planning Department 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.
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 Committee at, or prior to, the Public Hearing(s).
SPECIAL VIDEOCONFERENCE 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.
To access the meeting by computer, click on the link below:
https://us06web.zoom.us/j/86111931039?pwd=WWtmOUpEY1I5Z1c4dG9mWGIwdSttdz09 To access the meeting by phone, dial:
1-699-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute - press *6 Raise Hand - press *9
Meeting ID: 861 1193 1039
Password: 131880
SPECIAL MEETING AGENDA
1) Call to Order
2) Oral Communications
3) Approval of Minutes for January 25, 2022
4) Site Permits
a) 300 Alamos – done
b) 1195 Westridge – done
c) 385 Westridge –
5) Tree Permits
a) 501 Portola Rd – done
6) Old Business
a) Broom Pull
b) Oversight of significant Town-owned properties
i) Town Center (Murphy)
ii) Spring Down (Murphy)
iii) Frog Pond (Zimmerman) - (Appendix A1 and A2)
iv) Triangle Park
v) Ford and Zott’s Fields (Walz)
vi) Hawthorns
c) Committee/Town Cooperation
i) Public Works – Guidance for Sequoia’s trail maintenance (Appendix B). ii) Trails and Paths (Coleman)
TOWN OF PORTOLA VALLEY
Special Conservation Committee
Virtual Meeting
Tuesday, February 22, 2022 – 7:00 PM
Special Videoconference Meeting via Zoom
#2
iii) Open Space (Chiariello)
iv) Committee on Committees for Housing Element (Murphy) v) Sustainability (Murphy)
vi) Wildfire Preparedness (Chiariello)
d) Backyard Habitat (Plunder)
e) Tip of the Month (Magill)
f) What’s Blooming Now? (Magill)
i) Relationship with Fire Department
g) Kudos (Plunder)
h) Redwood Sub-Committee (Plunder)
i) Review Recommended Plant Lists (Magill)
j) Conservation items for ADU and other ministerial Checklists 7) New Business
a) PV Donates – Suggestions for projects we might pursue with additional funding (Appendix C) 8) Next Meeting Tuesday, March 2022 7:00 pm Zoom
9) Adjournment
Appendix A: Frog pond plan and budget
Appendix B: Sequoias trail maintenance program
1. March – remove weeds: oxalis, thistles, broom, small oaks and Bay trees. Weed-whacking or clippers for small trees
2. August – remove any Dittrichia
Appendix C: PV Donates
PORTOLA VALLEY
TOWN HALL
WILL BE CLOSED
Monday,
February 21, 2022
In observance of Presidents’
Day
In Case of Emergency: Sheriff’s Office: 911
#3
Dinner Meeting Announcement
Friday, February 25, 2022
Hosted by City of Millbrae
Everyone is encouraged to attend these monthly meetings. This is a great opportunity to meet colleagues from other cities, work together on solutions for our county, get to know how other cities handle issues, make friends and helpful connections, and learn what’s going on with the “big” issues we seldom have time to discuss at council meetings.
Please contact Chair Rico E. Medina if you wish
to bring up an item for group discussion or give a committee report. email: [email protected]
Individual Boxed Dinner
$50.00 per person
Registration
Please RSVP by Wednesday, February 23, 2022 via Eventbrite:
https://www.eventbrite.com/e/millbrae-council-of-cities-tickets-266490258537 or email [email protected] to RSVP and mail check to City of Millbrae
c/o Eduardo Gonzalez
621 Magnolia Ave
Millbrae, CA 94030
For questions please contact Eduardo Gonzalez
at [email protected] or (650) 259-2414.
Schedule:
5:30pm City Selection Committee
Meeting
6:00pm Boxed Dinner
6:30pm Presentation and Tour of
New Recreation Center
7:00 pm Adjourn
Location:
477 Lincoln Circle, Millbrae, CA 94030
In Person
Millbrae Recreation Center
477 Lincoln Circle
Millbrae, CA 94030
(650) 259-2414
Parking is available from Laurel Ave
#4
San jlf ateo County
COUNCIL of CITIES
MAP and DIRECTIONS to:
477 Lincoln Circle, Millbrae, CA 94030
MAP
DIRECTIONS
Parking Available on Laurel Avenue noted in blue on the map From South to Millbrae via US-101 N
• Take Exit 421 E Millbrae Avenue, Use left 2 lanes to turn Left onto E Millbrae Avenue • Follow E Millbrae Avenue, turn Right onto Palm Avenue • Turn Left onto Richmond Drive
• Turn Left onto Lincoln Circle
From North to Millbrae via US-101 S
• Take Exit 420 E Millbrae Avenue, Use right two lanes to turn Right onto E Millbrae Avenue • Follow E Millbrae Avenue, turn right onto Palm Avenue • Turn Left onto Richmond Drive
• Turn Left onto Lincoln Circle
Millbrae Pancax:e House
Green Hills Country Club '
Trader Joe's f f sa eway
•
irk
Vagabond In - San Francis
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Tay1orM1ddle $chool 9 T~a,.,t.
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Floor & Decor«
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1 Sharon Hanlon
Subject: deck materials at Buckeye in Portola Valley Ranch From: Kate O'Hanlan, MD
Sent: Thursday, February 3, 2022 10:53 PM
To: Carol Borck <[email protected]>; Ron La France Cc: Lisa Parramore; Leonie Walker; Iris Harrell
Subject: Re: [External Sender] Re: AZEK [ ref:_00D50JLxV._5001T1d9lLu:ref ] Dear Carol and Ron,
I am not sure to whom this letter should be addressed, but we are hoping to address some concerns before submitting our application for a building permit for our deck remodel.
We are grateful to the Portola ValleyTown Council for its efforts to make our town safe and green, and we join you in seeking to maintain high FireWise standards for our Portola Valley USA-certified FireWise community.
We have received approval from the Portola Valley Ranch Design Committee for a new deck on all four sides of our home using Timbertech's product AZEK. This pure PVC material is WUI compliant and carries a Class A Flame Spread index.
According to the FireWise Construction: Site Design & Building Materials, page 20, the certification for materials in very high-risk communities such as ours requires "1-hour fire resistance from the exterior side...or ignition-resistant building materials." According to the FireWise standards, as used by other USA FireWise-certified communities, ignitionresistant building materials such as AZEK qualify under Extended ASTM E 84 testing.
Iris Harrell, a former Portola Valley Ranch resident, is a certified Firewise assessor and Chair of the FireWise Committee for Oakmont, a 3,700-home WUI community in Santa Rosa, and high fire risk community that sustained a massive fire just a few years ago that nearly encircled Oakmont. That community approves AZEK for decking plans because it is considered non-ignitable by FireWise standards.
Iris Harrell has consulted with Dave Shew, a national consultant for Firewise USA who lives in Sonoma, another high-risk FireWise community. He said FireWise USA communities are all allowing non-flammable or non-combustible materials for decking.
Non-flammable choices are more varied and affordable and meet the spirit of the law to keep homes from igniting from the numerous and massive decks throughout Portola Valley. The cost factor for requiring literal non-combustible materials will make replacing decks completely unaffordable in our already unaffordable town and state. #5
2 With this information, we hope that AZEK is among the acceptable decking materials for Portola Valley. We want to submit our plans this month, and would find a great hardship having to redo the design and engineering. We would ideally submit our plans to the Building Department with an acceptable FireWise plan using AZEK.
Kate and Lé
1 Sharon Hanlon
Attachments: RE: Updated Portola Valley zoning map and other suggestions From: Laura Russell <[email protected]>
Sent: Wednesday, February 16, 2022 3:06 PM
To: Caroline Vertongen
Cc: Jeremy Dennis <[email protected]>; Town Center <[email protected]>; Sharon Hanlon <[email protected]>; Town Center <[email protected]>; Town Center <[email protected]>; Craig Hughes <[email protected]>; Jeff Aalfs <[email protected]>; Sarah Wernikoff <[email protected]>; John Richards <[email protected]>; Maryann Moise Derwin <[email protected]>; Cara Silver <[email protected]> Subject: RE: Reply to your comments of February 14, 2022 Hello Caroline,
Planning Commission and ASCC are included in the Bcc per your request. The original email string is attached so that everyone has the same information.
Regarding Zoning Maps – State law, case law and industry standard practices establish how zoning codes and zoning maps are established and updated. Zoning Maps are only updated when the Town Council adopts an ordinance formally updating the Zoning Map. It would not be legal or appropriate to change the Zoning Map when projects are approved. That is not the function of a Zoning Map. I’m not familiar with a “density map” as you describe below. That is not a part of normal zoning practice in California.
Here are the answers to your questions below:
Q: Has the Planning Commission seen all Traffic reports by all consultants hired by Woodside Priory and the Neely project.
A: Yes, the recent traffic reports were included as attachments to the staff reports.
Q: Was there a traffic study for Willow Commons, the Fire Station, Corte Madera and Ormondale? A: Willow Commons and the Fire Station were exempt from review under the California Environmental Quality Act so no traffic analysis was prepared. For the school projects, the School District is the lead agency, not the Town. The Town does not have any legal authority to require a traffic study.
Q: Why was there no input from BPTS?
A: The Neely traffic analysis did go before BPTS.
Q: Will the comments from Consultant Krupka stating he has observed bad and illegal driving be made public in the minutes and be taken into consideration when the Planning Commission makes a decision? A: Yes, Planning Commission did consider his comments when they made their decision Thanks,
Laura
From: Caroline Vertongen
Sent: Wednesday, February 16, 2022 1:31 PM
To: Laura Russell <[email protected]>
Cc: Jeremy Dennis <[email protected]>; Town Center <[email protected]>; Sharon Hanlon <[email protected]>; Town Center <[email protected]>; Town Center <[email protected]>; Craig Hughes <[email protected]>; Jeff Aalfs <[email protected]>; Sarah Wernikoff <[email protected]>; John Richards <[email protected]>; Maryann Moise Derwin <[email protected]> Subject: Reply to your comments of February 14, 2022
Good afternoon Laura,
Thank you for your email response. Unfortunately I had no access to your answers before the ASCC meeting earlier this week. Please make sure the ASCC and the Planning Commission as well as Town Council and staff receive my reply.
The Zoning Map I had attached to my original email on February 12, is outdated. It was established in 2007. As you confirm Town Council has approved ordinances that have impacted the text of the zoning code You state none of these ordinances have impacted the zoning map and you might be right, but the ordinances have impacted our density, impacted traffic, impacted our infrastructure, impacted our water supply, impacted our energy supply, and impacted our public safety.
The zoning map might not change, but an updated “density map’ should be drafted. #6
2 You now confirmed the problem. You state “ When we have a project before the ASCC or Planning Commission, the “we” body makes a decision about how much information to include that is necessary for the body to make a decision.
How many times have we, the residents, confirmed with evidence that the information used by the “we” body is inaccurate and incomplete? How many times have we, PV residents, requested to use accurate information, abide by the guidelines and proposals stated in our General Plan? And how many times have PV residents with professional experience provided help? Portola Valley is a unique community - In order to uphold our values and conserve the uniqueness of our Community, residents established the “ General Plan”, which is a comprehensive Plan specific for the Town of Portola Valley.
The Town of Portola Valley adopted this General plan in 2015 - the plan is a long-range, comprehensive and general guide to the future physical development of Portola Valley. Our General Plan consists of a detailed guide on land use, open space, housing, circulation, safety, conservation and noise, and includes a recreation element, a historic element, a scenic roads and highways element and trails and path element.
We had a safety plan that was adopted in 2010. PV had the comprehensive Moritz Map since 2009- yet we continued building in high fire hazard zones.
This comprehensive plan included proposals that needed to be carry out in order to accommodate future changes.
You also stated that the “we” body typically include background that is related to the decision at hand, not a complete history of the project.
That is another problem and I had hoped the examples attached in my email would helped you understand the problem. Allow me to elaborate:
Woodside Priory continues to expand amending the Master Plan of 2005, using the original Traffic Plan of 2004, amending the CUP, violating existing CUP, and amending the BMR, using consultants who only looked at the “Project” at hand, not the impact of all accumulated projects.
Woodside Priory, Corte Madera and Ormondale, as stated in our general Plan are here to serve the community of Portola Valley. We now know that only 20 % of students attending Woodside Priory live in Portola Valley and we still do not know if that percentage includes boarders. We also heard from our public schools that only 10% of students attending Ormondale and Corte Madera live in Portola Valley. That includes people who rent in Portola Valley to avoid worse scenarios in other school districts.
Both institutions have increased traffic on our two scenic roads; Alpine and Portola Road.The only 2 main roads used for evacuation shared with our neighbors at Woodside, Blue Oaks, La Honda, and Los Trancos. It seems that these institutions also have increased the impact of our public safety; why did we have to install ALPR’s - and why are our Tax payers dollars now paying for expanded drugs and alcohol related services for minor students, staff, and families? Public safety has been an issue for many years. In 2017 parents again urged the Town to improve public safety at the crossings by Woodside Priory, Corte Madera and Ormondale. The Town of Portola Valley did conduct a comprehensive traffic safety study and Town Council approved the study in 2019 on the condition to incorporate suggestions by town residents. The Town of Portola Valley also approved 285 K to implement these improvement with input from residents.
But 5 years later; Corte Madera, Ormondale, and Woodside Priory continue to expand their campus, add more students, staff and service providers from outside our community, while none of the safety improvements at the crossings connecting our trails and bike paths, none of the guidelines as stated in our General Plan and proposals have been implemented. As a result the situation is only getting worse.
Besides the construction of new buildings at our institutions, the Town has also approved other projects like, the new Fire Station, the Neely Winery, and the Willow Commons Project; all adding to existing problems.
You also state: As you know, the Commissions sometimes ask for more information and we provide it.
Commissioners and Committee members need to understand the full history so they can decide if they need to request more information. That is why it is so important that the Planning Department provides them with all information pertaining a specific project including a summary of all new ordinances approved by Town Council affecting the decision making.
Commissioners and committee members have often requested additional information, but often it was not available at the time of the decision making. Here are some examples. The Planning Commission requested to have the soil inspected for the new Fire Station.
The Planning Commission had questions about the Masterplan from 2005 for the Woodside Priory. Has the Planning Commission seen all Traffic reports by all consultants hired by Woodside Priory and the Neely project. Was there a traffic study for Willow Commons, the Fire Station, Corte Madera and Ormondale? Why was there no input from BPTS Will the comments from Consultant Krupka stating he has observed bad and illegal driving be made public in the minutes and be taken into consideration when the Planning Commission makes a decision?
3 Portola Valley is governed by its residents and we established a General Plan to help guide us. So why are our concerns and our suggestions being ignored?
Commissioners and Committee members have requested information regarding previous rulings to ensure fair and equal decision making, but the Planning Department often does not have information at hand regarding previous guiding interpretations for " impervious surface” , drive ways, generators, and deed restrictions etc.
Our General Plan is a comprehensive plan that should be consulted as an entity by all decision makers. Portola Valley adopted that Plan in 2015.
it is the responsibility of the “we” body to abide by our governing documents, guidelines and proposals as adopted in 2015. We, PV residents are committed to preserve this unique community, but is the “we” body committed? Thank you,
Caroline Vertongen
1 Attachments: SB-9 Ordinance Complaint.pdf
From: Rafa Sonnenfeld
Sent: Tuesday, February 8, 2022 8:39 PM
To:
Cc: Compliance Review@HCD Laura Russell <[email protected]> Subject: Portola Valley SB‐9 Implementation Complaint
Good Evening,
YIMBY Law is a 501(c)(3) non-profit organization whose mission is to increase the accessibility and affordability of housing in California. It has come to our attention that the City of Portola Valley has likely violated multiple state housing laws in their attempt to control development allowed under Senate Bill 9.
The urgency ordinance adopted by the town on December 8th is available here: https://www.portolavalley.net/home/showpublisheddocument/15444/637742434823630000 Cities must allow ministerial lot splits that meet the requirements of SB-9, and cannot place restrictions which disallow a state-granted ministerial approval process. Of particular note, the ordinance requires " Any lot split or development under this chapter and/or chapter 18.27 is prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet." Please also see the attached complaint letter.
Thank you,
Rafa Sonnenfeld he/him
Director of Legal Advocacy
Closed Session Item #15
□
I
I YIMBY
LAW
YIMBY Law
57 Post St, Suite 908
San Francisco, CA 94104
2/8/2022
Dear Local Municipality,
YIMBY Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and affordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws. YIMBY Law has become aware of your municipality’s ordinance or other policy which places restrictions on the 2021 by-right duplex and lot split legislation, SB-9; we have reason to believe you are in violation of state law. Should you fail to follow the law, YIMBY Law will not hesitate to pursue any and all available means to ensure the law is followed.
Senate Bill 9 and a number of other state housing laws allow a limited amount of local discretion to regulate housing developments. While cities are permitted to apply various objective standards to SB-9 developments, those standards must not contravene other housing laws. Your jurisdiction may be in violation of one or several other state housing laws because of the nature of your urgency and/or regular ordinance or use of other local police power. These laws include, but are not limited to SB-9 itself, the Housing Crisis Act of 2019 (SB-330), state ADU law, or state laws which cover urgency ordinances used to restrict multifamily housing developments. Violations of SB-330, ADU law, and Housing Element law have also been designated by the legislature to fall under the authority of HCD, which may refer cases to the Attorney General’s office for resolution.
Additionally, your regulations may be considered to be constraints to housing, or barriers to development of SB-9 units by the Department of Housing and Community Development, which will burden your efforts to achieve a certified, legally compliant Housing Element, should you wish to include potential SB-9 unit capacity in your 6th RHNA Cycle Housing Element. Having a legally non-compliant or uncertified Housing Element during the 6th RHNA cycle will also expose your jurisdiction to various limits on your local authority to restrict housing developments, including loss of authority to deny zoning non-compliant housing projects, or even the possibility of loss of land use authority altogether.
Violations of SB-9
The California legislature intended SB-9 to be a significant change to the approval process for specified lot splits, single family home, and two-unit developments. While the legislature has allowed cities to create local implementation ordinances, this was not an open invitation for cities to subvert the law. SB-9 is clear that when parcels or developments meet certain specified standards, they shall be approved ministerially. Cities may not invent new standards that are more restrictive than the state allows if those standards have the effect of preventing a development application that otherwise meets the statewide standards from being approved.
Under SB-9, local agencies must provide a ministerial approval process for any proposed 1 YIMBY LAW
housing development consisting of one or two residential units within a single-family residential zone, and for any proposed subdivision of an existing parcel within a single-family residential zone into no more than two parcels. (Gov. Code, §§ 65852.21, subd. (a), 66411.7, subd. (a).) Both of these provisions apply to parcels satisfying certain requirements identified in section 65913.4 of the Government Code. Examples of local implementation ordinances or policies which may violate the provisions of SB-9 include regulations that would physically preclude a lot split or two-unit development applications that meets all of the state’s requirements, as well as regulations which would expand on the scope of the policies which state law provides exclusions for, such as those found in section 65913.4.
Violations of SB-330
Government Code Section 66300(b)(1), commonly known as the no-net-loss provision of the Housing Crisis Act of 2019, or SB-330, makes it clear that affected jurisdictions cannot reduce the intensity of land use without a commensurate upzoning:
(b) (1) Notwithstanding any other law except as provided in subdivision (i), with respect to land where housing is an allowable use, an affected county or an affected city shall not enact a development policy, standard, or condition that would have any of the following effects:
(A) Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of subparagraph (B) or subdivision (i). For purposes of this subparagraph, “reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity.
This no-net loss provision of SB 330 limits the potential SB 9 project development standards the jurisdiction may adopt as follows:
• The jurisdiction cannot adopt standards such as greater setbacks, a lower height limit, lower Floor Area Ratio, or greater open space requirements for units built under SB 9 than apply to single-family residences constructed within the same zoning district. • The jurisdiction can continue to impose existing objective development standards (setbacks, height, parking space size requirements, etc.) as long as those standards don’t conflict with the mandatory SB 9 standards or preclude the construction of SB 9 units. • The jurisdiction can adopt new development standards as long as those standards don’t reduce the setbacks, height, floor area ratio, or other standards that would reduce the building YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 2
envelope per parcel from below what was allowed in the R-1 Zoning Districts as of January 1, 2018.
Abuse of the Urgency Ordinance Process
Cities cannot make the meritable, substantial findings necessary to justify an urgency ordinance that would be required in order to make zoning ordinance modifications which restrict construction of housing. Gov. Code section 65858 allows cities to pass interim zoning ordinances without following the procedures otherwise required for zoning ordinances, with certain limitations. See below.
Government Code Section 65858 (c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a significant component of multifamily housing may not be extended except upon written findings adopted by the legislative body, supported by substantial evidence on the record, that all of the following conditions exist:
(1) The continued approval of the development of multifamily housing projects would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body. (2) The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance.
In California Charter Schools Association v. City of Huntington Park, et al., 35 Cal. App. 5th 362 (2019) Huntington Beach attempted to pass an urgency ordinance placing a moratorium on new charter schools which contained findings that a current and immediate threat to public health existed because, among other reasons, Huntington Park had received “numerous inquiries and requests for the establishment and operation of charter schools,” “the HPMC did not have development standards specifically for charter schools.” The court of appeal found that the facts presented did not meet the urgency standard under section 65858.
Of particular note, cities cannot meet the requirements to lawfully extend an urgency ordinance limiting SB-9 because they do not have objective written health and safety YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 3
standards that SB-9 would negatively impact that cannot be mitigated. Cities also already have the power to disapprove projects which would cause specific adverse public health or safety impacts; there is no urgency in limiting development for public health and safety which cities already have the power to limit.
ADU Law
In recent years the California state legislature has strengthened the rights of property owners to construct Accessory Dwelling Units, or ADUs, by limiting local jurisdictions' ability to deny these housing projects. Government Code section 65852.2(e) specifies that local jurisdictions “shall ministerially approve an application for a building permit” for “One accessory dwelling unit and one junior accessory dwelling unit per lot” if specified conditions are met.
While SB-9 specifies that cities may restrict ADUs or Junior ADU development in situations where both the lot split provision and ministerial duplex provisions of the law are being utilized, cities are still required to follow ADU state ADU law by ministerially permitting ADUs in situations where only one of the two provisions has been utilized:
GC 65852.21(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
Cities may not create new restrictions to ADU development that would be in conflict with the law, such as by restricting the permitting of ADUs on an unsplit lot when state law requires a city to allow both an ADU and a Junior ADU to be constructed on that unsplit lot by-right.
Barriers to Development
Many cities across California are currently updating their Housing Elements of their general plans to meet the requirements of the 6th Cycle Regional Housing Needs Allocation process, which involves a certification from the California Department of Housing and Community Development (HCD). Local restrictive provisions which, though they may be legal to implement, can be barriers to development. Such provisions might include, but are not limited to: utility connection moratoriums, front entry requirements, parking requirements, trees and bushes requirements, affordable housing program deed-restrictions, owner-occupancy restrictions, tenancy in common or condo-creation restrictions, basement restrictions, or other cumbersome, complicated design requirements which impact feasibility of projects.
HCD describes the statutes (Government Code sections 65583(a)(5) & (6)) which require cities to address constraints in their housing development on their website [https://www.hcd.ca.gov/community-development/building-blocks/index.shtml]:
“The housing element must identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels, including housing for people with disabilities. The analysis should identify the specific standards and processes of these YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 4
local efforts to remove constraints that hinder a jurisdiction from meeting its housing needs.” determine whether local, regulatory standards pose an actual constraint and must also demonstrate constraints and evaluate their impact on the supply and affordability of housing. The analysis should result in the City’s housing element not being certi
Cycle Regional Housing Needs Allocation (RHNA) requirements. Failure to do so will likely Housing Element if the City is planning to rely on any SB-9 unit production to meet its Sixth which increase barriers to development, these Standards need to be accounted for in the City’s Should a city approve Objective Standards such as those listed above, or other land use policies fied by HCD, and the lack of local control
non-compliant housing applications, or even loss of local land which will follow. Such lack of local control could include loss of discretion to deny zoning use authority entirely.
Housing advocates, the legislature and the governor believe in the Conclusion
spirit of this SB-9: to create
undermine the law, they are putting these opportunities further more housing for every day Californians and easing housing costs overall. When cities out of reach.
When cities break the law, it is our mission to ensure that justice prevails. YIMBY Law will not violations to the Attorney General’s o
hesitate to take legal action to ensure that the law is enforced. We are also reporting law ffice, who has a new team dedicated to housing law
resident of California who is a
I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a enforcement.
ffected by the shortage of housing in our state.
YIMBY Law
Executive Director
Sonja Trauss
Sincerely,
YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 5 \
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