10 3.10.1 Whenever practicable, paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues are encouraged.
3.11 Town Functions & Events
3.11.1 All Town-sponsored functions and events must be conducted according to the zero waste practices outlined in this section that address waste reduction, reuse, recycling and composting.
3.11.2 Event organizers will submit a short plan describing actions to be taken for appropriate waste disposal during and after the Town event including the names of the person(s) responsible for waste management.
3.11.3 Event organizers must ensure that all event staff including vendors, volunteers, contractors and cleanup crews are educated on the contents of section 3.11 Town Functions & Events and how to properly identify and separate waste materials.
3.11.4 In accordance with 8.04.040 and 8.04.060 of the Portola Valley Municipal Code wherein Chapter 4.107 of County Code Sanitation and Health was adopted, polystyrene-based disposable food service containers and plastic bags are prohibited from all Town events.
3.11.5 Plastic water bottles of 2.5 gallons or less are prohibited at all Town functions and events.
3.11.6 Event organizers shall ensure that:
3.11.6.1 Reusable dishware is used when possible. If disposable dishware is necessary, use recyclable or compostable
options for food and drink items such as cups, plates and cutlery and require the same of caterers.
3.11.6.2 Where practicable, drinks and condiments (sugars, ketchup, salad dressings, etc.) are dispensed in bulk
instead of individual packages and servings.
3.11.7 Event organizers must designate a central waste collection area(s) for vendors and event staff to consolidate garbage and recycling materials. Depending on the size of the event, there may be multiple collection areas.
11 3.11.7.1 Garbage and recycling containers must be set up side by side and clearly marked with what items may be placed
in each container.
3.11.7.2 Recycling containers must either be lined with clear plastic bags, or left unlined.
3.11.7.3 Event organizers should consider assigning monitoring staff at primary waste stations to assist event attendees in placing waste in correct container.
3.11.7.4 Any standalone garbage containers shall be paired with a recycling bin, removed or covered throughout the event
area so they cannot be used.
3.11.8 If event organizers are using vendors with booths that require garbage containers, they must also be equipped with recycling containers.
3.11.8.1 Garbage and recycling containers in vendor booths must be set up side by side and clearly marked with what
items may be placed in each container.
3.11.8.2 Recycling containers in vendor booths must either be lined with clear plastic bags, or left unlined.
3.11.9 Due to proximity to the creek, use of balloons is prohibited and event organizers should carefully consider the use of disposable decorations and the provision of giveaway items. If giveaway items are necessary, ensure packaging materials are limited to reduce waste and consider using items manufactured with recycled content.
3.11.10Where practicable, event organizers should use
recycled/compostable materials in any event advertising including promotional materials such as flyers, banners and displays.
3.11.11Event Organizers shall adhere to all other applicable provisions of this policy as well as the Town’s SB 1383 Implementing Ordinance.
3.12 Procurement of Recovered Organic Waste Products
3.12.1 The Town will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following:
12 3.12.1.1 Compost, Mulch, Renewable Gas, or Electricity Procured from Biomass Conversion, all meeting the SB 1383
Guidelines described in Section 2.0.
4.0 VENDOR REQUIREMENTS
4.1 All Town vendors that provide Paper Products shall,
4.1.1 Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and available at equal or lesser price.
4.1.1.1 Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper
Products and Printing and Writing Paper offered or sold to the Jurisdiction. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a
manufacturer or vendor internet website.
4.1.1.2 Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the Jurisdiction is eligible to be labeled with an
unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
4.2 Where practicable, vendors and contractors shall be provided this policy and encouraged to comply with applicable sections of this policy for products and services provided to the Town. Instructors that participate in the Town’s Parks & Recreation program will be notified of and encouraged to comply with this policy in their Instructor Agreement.
4.3 Any vendor or contractor that provides cleaning or pest control services to the Town shall be required to outline in their contracts how they will comply with this policy. Pest control providers shall be required to supply their IPM Certification.
4.4 If a vendor or contractor of the Town is no longer able to provide a product or service that meets the policy requirements, it shall notify the Town Manager and provide written justification for why compliance is no longer possible.
13 5.0 IMPLEMENTATION AND ENFORCEMENT
5.1 This policy is enforceable against third parties through the Town’s SB 1383 Implementing Ordinance.
5.2 The Town Manager shall appoint a lead staff person to implement this policy in coordination with other appropriate personnel.
5.3 Implementation of this policy will be phased based on available resources and Town priorities.
5.4 As applicable, successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate.
5.5 To assist with making purchases that comply with the policy as well as to promote it to a wider audience, all new and existing Town staff, elected officials, volunteers, consultants and contractors will receive a copy of the policy.
5.6 To encourage employee awareness of the policy, a recognition program will be created to recognize those employees that comply with the goals of the policy and propose new, innovative measures.
5.7 Organizers of Town-sponsored functions and events will consult section
3.11 Town Functions & Events prior to planning any Town event to ensure the event meets the zero waste and SB 1383 requirements. Town staff will develop a guide to assist event organizers in complying with this policy.
6.0 EVALUATION AND INSPECTION
6.1 The Town Manager shall appoint a lead staff person to evaluate the success of this policy’s implementation on an annual basis with other appropriate personnel.
6.2 The Appointed Lead staff person shall have the ability to inspect and monitor Town departments, vendors, and direct service providers involved in the procurement of all Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper, as required by S.B. 1383
7.0 RECORD KEEPING
7.1 The Town shall, keep records, including invoices or proof of Recovered Organic Waste Product, Recycled-Content Paper Products and RecycledContent Printing and Writing Paper procurement and submit records to the lead staff person on a schedule to be determined by the lead staff person.
14 7.1.1 All Town vendors and direct service providers shall keep and provide records to the lead staff person
7.2 Records shall include:
7.2.1 General procurement records, including:
7.2.1.1 General description of how and where the product was used and applied, if applicable;
7.2.1.2 Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were
procured;
7.2.1.3 Type of product;
7.2.1.4 Quantity of each product; and,
7.2.1.5 Invoice or other record demonstrating purchase or procurement.
7.2.2 For Compost and Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and Mulch provided to residents. Records shall be maintained and submitted to the lead staff person in accordance with the requirements specified in Section 3.2.A.3.
7.3 The lead staff person shall compile and submit to CalRecycle, an annual report on the Town’s direct procurement, and vendor/other procurement on behalf of the Town, of Recovered Organic Waste Products, RecycledContent Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2
Update Adopted by Town Council on October 27, 2021
Attachment 3
EXHIBIT C: TECHNICAL PROPOSAL AND TRANSITION PLAN
issued by the following State and local regulatory agencies:
✓ California Department of Toxic Substances Control (DTSC); ✓ California Department of Industrial Relations (OSHA); ✓ California Regional Water Quality Control Board (RWQCB); .If' California Air Resources Board (GARB);
✓ City of San Jose;
✓ County of Santa Clara; and,
✓ San Jose Fire Department.
The GreenWaste MRF has complied with all permits and environmental documents since its inception. At its request, GreenWaste can provide the Cities with all documentation verifying compliance. Safety is of the utmost importance at the GreenWaste MRF, and following all applicable local, state, and federal laws and regulations allow for the GreenWaste MRF to boast its excellent safety and compliance record.
5.b Mixed Compostable Materials Processing
Mixed Compostable Materials will be transported directly to the GreenWaste MRF, located at 625 Charles Street in San Jose, CA for initial processing. The resulting compostable fraction will be transported to the Z-Best Composting Facility, located at 980 State Highway 25 in Gilroy, California for composting.
MRF Processing Operations
The municipal solid waste processing building is capable of processing up to ninety (90) tons per hour of material, while consistently recovering up to 70% of processed material. 27
EXHIBIT C: TECHNICAL PROPOSAL AND TRANSITION PLAN
What follows are the details of the various stages of the Municipal Solid Waste (MSW) processing facility, where the Towns' Mixed Compostable Materials will be brought for initial processing. , Floor Sort I Mixed Compostable Material will be tipped and undergo an initial manual floor sort, where sorters remove large recoverable items. After the floor sort, a bucket loader operated by a MRF employee feeds material into the metering bin.
, Pre-Sort I The pre-sort process includes manual sorters at stations along conveyors where sorters remove large items, film plastics, bagged shredded paper, and rigid plastics prior to the material stream entering the mechanical portion of the facility. Staffing levels and locations are determined by the composition of the feedstock being processed. The pre-sort stations are essential to MRF operations and increase the total system throughput, improve the efficiency of machinery separation, and result in higher quality output products. -,,. Bag Breaker I The bag breaker mechanically opens the bags and releases the contents onto the conveyor belt towards the disc screens.
, Screens I There are six screens that separate material by size. The first set of screens separate items that are six (6) inches or larger, the second set of screens separate items that are smaller than six (6) inches, larger than two (2) inches, and finally the last set of screens are the fines which are two (2) inches or smaller. The items from the first two sets of screens continue on for further processing. The lower screen, which transports all organics and fine material, is sent to the compost pile.
, Nihot Air Separator I The two Nihot Air Separators separate the light and heavy materials. One unit sorts the items from the 6 inches or larger stream and the other sorts items from the 6 inches or smaller stream. From both machines, light items are transported over the machinery and continue onto the polishing screens. The heavier items fall back down to the compost stream for further processing.
, Magnet I Heavy items on the compost line proceed to the magnet which removes metals from the stream. , Dual Max Al™ I After the metals are removed from the stream, the metals continue to the dual Max Al™ last chance recovery where remaining plastics and aluminum are recovered from the stream. , Post Sort I At the end of the compost line, additional manual sorters remove any remaining recoverable items from the stream before the material is sent to the compost pile for transport to Z-Best. , Polishing Screen I The light material from the Nihot Air Separator travels to the polishing screen where spinning disks send fibers such as paper, cardboard and newsprint over the top and the remaining items fall back and continue through the process. Fines and Compostable items fall to the bottom conveyor and are transported out to the compost pile.
, Optical Sorters I A series of 4 optical sorters separate various types of plastics from the rest of the material. ✓ #1 Paper Optical Sorter I Paper that was not captured during the polishing screen is recovered here. ✓ #2 HOPE Optical Sorter I HOPE color and natural containers are optically sorted. ✓ #3 PET Optical Sorter I PET beverage containers are optically removed from the stream. ✓ #4 Plastics 2-7 Optical Sorter I Plastic containers #2 through #7 are optically sorted. , Eddy Current Separator I The Eddy current separator has a strong magnetic belt that has positive and negative loops of electrical current. This causes non-ferrous metals to go flying over and separated into its own stream which ends in a bunker.
28
EXHIBIT C: TECHNICAL PROPOSAL AND TRANSITION PLAN
, Max Al™ I The Max Al™ units are programmed to identify specific material types and extract anything that does not belong in the stream.
✓ #1 Max Al™ I Removes anything other than HOPE natural and color from the stream. ✓ #2 Max Al™ I Removes anything other than PET from the stream ✓ #3 Max Al™ I Removes anything other than Plastics 2-7 from the stream. ✓ #4 Max Al™ I Removes anything other than aluminum from the stream ,- Post-Sort I After each optical sorter are quality control stations where sorters pull off any material that isn't PET, HOPE, or Plastics 2-7 to ensure optimum marketability of the recovered commodities. , Baler [ Two (2) balers prepare material for market. One machine is primarily used for mixed paper, while the other is primarily used for OCC. Both balers are adapted to use for various materials and computer systems connected to the material bunkers notify MRF employees when there is enough material accumulated for baling. 2-B'est Processing Operations
After the Mixed Compostable Materials are processed and sorted at the GreenWaste MRF in San Jose, the compostable fraction will be sent to be composted at Z-Best Composting Facility (Z-Best) in Gilroy.
OWTier & Operator
SWFP No.
CEOA
Capacity
2-Best Composting Facility
Zanker Road Resource Management~Ltd.
43-AA-0015
SCH # 99072048
Up to 1300 tpd for green material
Up to 700 tpd for MSW feedstock
.,,., Screening and Shredding I All materials are processed in an enclosed 20,000 square foot building to remove noncompostable items, including recyclables and residuals, and to shred the material. .,,., Windrows I The material is ejected into a 320-foot long bag that houses all the compostable wastes. PVC pipes are introduced into the bag and used lo aerate the compostable materials. Retention time in the bags is about four months, at which time the contents are removed, turned and cured prior to screening . .,,., Densimetric Tables I A density separator that uses vibration and forced air fluidization separate the heavies (glass and any rock) from the lights (compost). The compost is fed onto a screen table with small holes in it that is vibrating, the forced air comes from underneath and through the holes, the lighter material (compost) falls one way while the heavier material {glass) is separated out.
,- Final Screening I The materials are transported to a screening system that is used to remove any larger materials, which are then disposed. The smaller compostable materials are stockpiled and cured for an additional four weeks before being screened again and marketed as landscape compost.
5.c Yard Trimmings Processing
GreenWaste will transport all Yard Trimmings collected to the GreenWaste MRF in San Jose. At the MRF, the material will be processed into two categories, 1) processed yard waste fines, and 2) other processed yard waste "overs". The material will be transferred to Z-Best for processing. The Yard Trimmings are processed at Z-Best separate from the Mixed Compostable Materials to yield a high-quality organic compost product.
EXHIBIT C: TECHNICAL PROPOSAL AND TRANSITION PLAN
, Windrows I Upon delivery to Z-Best, the materials will be placed into aerated windrows where they will remain for approximately 10-12 weeks.
, Turning and watering I During the composting process, mechanical turners will go through the windrows and turn the material. This allows air to reach all of the materials to promote the composting process. The piles will also be watered as needed to maintain proper moisture throughout the composting process. , Final screening I After the composting process, the material is screened to 3/8" minus. The 3/8 minus finished compost is stockpiled and sold as a soil amendment for use in agriculture and landscape. The "overs" material is used as a mulch, reprocessed and recomposted, or used as ADC.
5.d Residue Disposal
GreenWaste will, to the maximum extent practicable, ensure that Recyclable Materials, Mixed Compostable Materials and Yard Trimmings are collected and processed in a manner which will ensure that recoverable and marketable materials will not be landfilled and that the Towns will receive credit toward the State diversion mandates. After processing all Mixed Compostable Materials, Recyclable Materials and Yard Trimmings collected from Service Recipients, GreenWaste will transport all residues to the landfill.
Cart Size BASE SERVICES* Cart Size BLUE Cart Only
Service
GREEN Cart Only
Service
20-Gallon GRAY Cart $ 27.18 20-Gallon Cart n/a n/a
32-Gallon GRAY Cart $ 43.52 32-Gallon Cart n/a n/a
64-Gallon GRAY Cart $ 87.01 64-Gallon Cart $ 21.75 $ 65.25 96-Gallon GRAY Cart $ 130.55 96-Gallon Cart $ 32.64 $ 97.91 Cart Size GRAY Cart (Ea.) BLUE Cart (Ea.) GREEN Cart (Ea.) 20-Gallon Cart n/a n/a n/a
32-Gallon Cart $ 21.76 n/a n/a
64-Gallon Cart** $ 43.50 n/a n/a
96-Gallon Cart $ 65.28 $ 6.53 $ 32.64
≤ 3 Carts 4 - 5 Carts
11' - 100' $ 33.66 11' - 25' $ 44.88 $ 67.32 $ 22.44
101' - 200' $ 67.32 26' - 100' $ 89.76 $ 134.64 $ 44.88 201' - 300' $ 89.76 Each Add'l 100' $ 89.76 $ 134.64 $ 44.88 301' - 400' $ 112.20
401' - 500' $ 134.64
****Includes all GRAY Carts and BLUE Carts.
*****Includes Base Service Carts
*****Applicable for each additional GRAY or BLUE Cart
Material Type Per Each Set-out Set-out Equivalent Service Description Per Item Rate Excess GRAY Material $ 10.88 32-gallon Bulky Item Pick-up $ 51.00 Excess BLUE Material $ 0.54 32-gallon Bulky Item (w/ Freon) $ 56.10 Excess GREEN Material $ 2.72 32-gallon
Account RE-START Fee – Administrative Fee $ 10.20 Account Reinstatement Fee Cart RE-DELIVERY Fee – Delivery of Removed Cart(s) $ 30.60 Per Vehicle Trip Cart DELIVERY/SWAP Fee – Beyond 1x Per Year $ 30.60 Per Vehicle Trip Cart CLEANING/SWAP Fee $ 30.60 Per Vehicle Trip
Cart NON-SCHEDULED Collection Go-Back/Trip Fee $ 30.60 Per Vehicle Trip COLLECTION Fee - Excess Services $ 3.06 Per Cart
LATE Fee – Periodic monthly rate on past due balances of 30-days or more. 1.5% APR of 18%, minimum $2.00 fee Residential ENCLOSURE Fee (w/ lock) (w/o lock) $ 5.10 Per Month, Per Enclosure Residential ENCLOSURE Fee (w/ lock) $ 7.65 Per Month, Per Enclosure Cart REPLACEMENT Fee – if damaged by customer. $ 61.20 Per Cart
EXCESS SERVICES BULKY ITEM SERVICES
RESIDENTIAL - ADDITIONAL MISC. CHARGES
BASE SERVICES***** EXTRA
CART******
***GREEN Carts cannot be collected CURBSIDE LIMITED
ACCESSIBILITY or ON-PREMISES
RESIDENTIAL COLLECTION RATES - MONTHLY NON-RECURRING SERVICES ON-PREMISES (DRIVE-ON Services)*** ON-PREMISE (WALK-ON Services)*** Distance DRIVE-ON
Charge****
**Manure Service is provided in 64-gallon GRAY
No change 7/1/2020 No change 7/1/2020
*BASE SERVICES include two (2) 96-gallon BLUE Carts and either up to three (3) GREEN Carts (CURBSIDE FULL ACCESSIBILITY) or up to two (2) additional GRAY Carts for no additional charge (CURBSIDE LIMITED ACCESSIBILITY or ON-PREMISES), depending on service location. GREEN Carts must be placed CURBSIDE FULL ACCESSIBILITY for Collection. BASE SERVICE Rates for Eligible Lifeline/CARE Residential Service Recipients are charged at 85% and applicable to BASE SERVICES only.
ADDITIONAL SERVICES
Town of Portola Valley
Rates effective 7/1/2021
CPI Effective 7/1/2021 2.000%
RESIDENTIAL COLLECTION RATES - MONTHLY RECURRING SERVICES Attachment 4
2.000%
Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week Additional Pick Up
32-Gallon $ 46.55 $ 93.10 $ 139.64 $ 186.19 $ 232.74 $ 279.29 $ 11.64 64-Gallon $ 93.07 $ 186.13 $ 279.20 $ 372.26 $ 465.33 $ 558.40 $ 23.27 96-Gallon $ 139.64 $ 279.29 $ 418.93 $ 558.58 $ 698.22 $ 837.87 $ 34.91 1-Cubic Yard Bin $ 206.09 $ 338.87 $ 477.54 $ 622.11 $ 772.68 $ 929.29 $ 51.52 2-Cubic Yard Bin $ 296.35 $ 494.56 $ 692.72 $ 890.92 $ 1,089.10 $ 1,287.28 $ 74.08 3-Cubic Yard Bin $ 395.45 $ 692.72 $ 989.97 $ 1,287.28 $ 1,584.56 $ 1,882.89 $ 98.86 4-Cubic Yard Bin $ 495.80 $ 892.20 $ 1,288.48 $ 1,684.87 $ 2,081.28 $ 2,477.71 $ 123.95 6-Cubic Yard Bin $ 576.69 $ 1,056.15 $ 1,542.76 $ 2,015.13 $ 2,494.61 $ 2,974.13 $ 144.18 8-Cubic Yard Bin $ 744.81 $ 1,384.10 $ 2,023.49 $ 2,667.82 $ 3,302.11 $ 3,941.39 $ 186.20 2 Cubic Yard Compactor $ 740.87 $ 1,236.40 $ 1,731.81 $ 2,227.29 $ 2,722.74 $ 3,218.19 $ 185.22 3 Cubic Yard Compactor $ 988.63 $ 1,731.81 $ 2,474.94 $ 3,218.19 $ 3,961.40 $ 4,707.23 $ 247.16 4 Cubic Yard Compactor $ 1,239.49 $ 2,230.51 $ 3,221.20 $ 4,212.18 $ 5,203.19 $ 6,194.28 $ 309.88 Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week Additional Pick Up
96-Gallon $ 69.82 $ 139.64 $ 209.47 $ 279.29 $ 349.11 $ 418.93 $ 17.45 2-Cubic Yard Bin $ 148.17 $ 247.28 $ 346.36 $ 445.46 $ 544.55 $ 643.64 $ 37.05 Push/Pull Distance 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week Additional Pick Up
Per Cart (10' - 25') $ 15.30 $ 30.60 $ 45.90 $ 61.20 $ 76.50 $ 91.80 $ 3.83 Per Cart (Ea. Add'l 25') $ 10.20 $ 20.40 $ 30.60 $ 40.80 $ 51.00 $ 61.20 $ 2.55 Per Bin (10' - 25') $ 45.90 $ 91.80 $ 137.70 $ 183.60 $ 229.50 $ 275.40 $ 11.48 Per Bin (Ea. Add'l 25') $ 30.60 $ 61.20 $ 91.80 $ 122.40 $ 153.00 $ 183.60 $ 7.65 Account RE-START Fee – Administrative Fee $ 10.20 Account Reinstatement Fee Cart RE-DELIVERY Fee – Delivery of Removed Cart(s) $ 40.80 Per Vehicle Trip Container DELIVERY/SWAP Fee – Beyond 1x Per Year $ 45.90 Per Vehicle Trip Cart CLEANING/SWAP Fee $ 45.90 Per Vehicle Trip
Bin CLEANING/SWAP Fee $ 45.90 Per Bin
Cart NON-SCHEDULED Collection Go-Back/Trip Fee $ 40.80 Per Vehicle Trip Bin NON-SCHEDULED Collection Go-Back/Trip Fee $ 40.80 Per Bin One-Time ADDITIONAL COLLECTION - Collection Charge $ 20.40 Per Collection One-Time ADDITIONAL COLLECTION - Processing Charge 25% of the 1x/week collection Non-Residential ENCLOSURE Fee (w/ Lock) $ 15.30 Per Collection Non-Residential ENCLOSURE Fee (w/o Lock) $ 10.20 Per Collection LOCKING BIN Installation Charge $ 51.00 Per Installation Cart REPLACEMENT Fee – if damaged by customer. $ 61.20 Per Cart Bin REPLACEMENT Fee – if damaged by customer. 25% - 50% of current cost of an equivalent Bin based on extent of the damage.
LATE Fee – Applies on past due balances of 30-days or more. 1.5% Periodic monthly rate (APR of 18%, minimum $2.00 fee) Town of Portola Valley
Rates effective 7/1/2021
NON-RESIDENTIAL COLLECTION RATES - MONTHLY RECURRING SERVICES NON-RESIDENTIAL - ADDITIONAL MISC. CHARGES
CPI Effective 7/1/2021
Non-Residential MIXED COMPOSTABLES Monthly Collection Rates Non-Residential YARD TRIMMINGS Monthly Collection Rates Non-Residential PUSH/PULL Monthly Collection Rates
7.13.1 Commercial Recyclables Materials Containers - Commercial Service Recipients who subscribe to Mixed Compostable Materials Service are eligible for Recyclable Materials Collection and may subscribe to Recyclables Collection for the following Container Sizes: one (1 ), two (2), three (3), four (4), six (6) or eight (8) cubic yard Bins or 64- or 96-gallons Carts.
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
Cara Silver, Town Attorney
Adrienne Smith, Senior Planner
DATE: March 23, 2022
RE: Housing Element Update Discussion – Work Program, Timeline, Resources, Budget
RECOMMENDATION
Staff recommends that the Town Council receive a staff report and public comments, and provide direction on the proposed work program, priorities, proposed resources, and budget for the Housing Element Update.
BACKGROUND
The Housing Element is part of Portola Valley’s General Plan and identifies policies and programs to meet the housing needs of the Town’s current and future residents. State law (Government Code Sections 65580-65589.8) requires that every city/town and county in California adopt a Housing Element approximately every eight years. Portola Valley’s current Housing Element covers the planning period from 2014-2022 and was adopted in 2015. The new Housing Element will cover 2023-20311 and is called the 6th Cycle. In addition, the State Department of Housing and Community Development (HCD) reviews and certifies that each jurisdiction’s Housing Element meets all the requirements of the law.
Every jurisdiction in California receives a target number of homes to plan for. This is called the Regional Housing Needs Allocation or RHNA (pronounced ‘ree-nuh’). Cities/towns do not need to build the housing, but do need to put in place the proper zoning and address constraints so the private sector can build the housing. The RHNA is broken down by income category. Portola Valley’s income specific RHNA is:
1 Some stakeholders use the start date of 2022, because some of the modeling starts in this year. Because Portola Valley’s Housing Element will likely not be adopted until 2023, this report uses the later date.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Housing Element Update March 23, 2022
Reasons Why 6th Cycle Housing Element Is Different from Previous Cycles There have been many changes to Housing Element law since the Town prepared the last Housing Element. Those changes are highlighted below.
Increased Allocation: Virtually all cities in California have experienced a tripling or quadrupling of their RHNA allocations. This is largely due to extreme demand for housing in California coupled with the historic lack of housing production. In Portola Valley, much of our increased allocation is attributable to an equity adjustment. This is based on the State’s policy that more affluent, well-resourced communities should accommodate more housing, in particular increased lower income housing.
Restrictions on Sites: The State has modified its site selection criteria, on the one hand, to prioritize vacant sites between .5 acre and 10 acres and, on the other hand, to deemphasize built out sites.
Affirmatively Furthering Fair Housing: There is a new requirement to ensure that site selection is furthering fair housing goals and that affordable housing is not located in one particular area.
Multi-family housing and “Mullin Default Density”: Many cities find it challenging to prove to HCD that the selected sites will in fact yield true affordable housing. To address this, State Assemblymember Mullin sponsored legislation that instead permits municipalities to rely on specified default densities to achieve their affordable housing quota. The Mullin default density (the name references the bill’s author) for Portola Valley is 20 units per acre. In most cities, it is fairly easy to designate sufficient sites with this density. Because multifamily zoning is a new concept to Portola Valley (and much more challenging to envision in rural communities), this represents a major change to the Town’s longstanding single family zoning.
Town’s Physical Constraints: The Town has a series of physical constraints that make site selection more difficult. These include wildfire risk, evacuation concerns, seismic and geological risks, and extensive parks and open space. The numerous constraints result in fewer sites which in turn results in the need for higher density at those sites.2 2 Based on HCD’s review of housing elements from other municipalities with similar constraints, including wildfire and sea level rise, HCD does not appear willing to make adjustments for such physical constraints. Instead their response is to increase density in otherwise developable areas.
Income Level Number of Units
Very Low Income (<50% of Area Median Income) 73
Low Income (80% of Area Median Income) 42
Moderate Income (80-120% of Area Median Income) 39
Above Moderate Income (>120% of Area Median Income 99
Total 253
Housing Element Update March 23, 2022
HCD Oversight: HCD has been taken a more proactive and scrutinizing role in reviewing housing elements and with urging from many advocates has been granted more authority – and resources-- to enforce the Housing Element law. HCD has also increased their review period, creating scheduling challenges for cities (see the “Zoning Code Amendments” section below for details on HCD oversight after a housing element is adopted).
Previous Town Council Direction
On October 14, 2020, the Town Council authorized the Town to enter into an agreement to collaborate on the Housing Element Update process with all the other jurisdictions in the County through 21 Elements. On April 28, 2021, the Town Council provided direction on the overall approach to the Housing Element update, including appointment of a Council Subcommittee and formation of the Ad Hoc Housing Element Committee. On July 14, 2021, Town Council approved a contract with Urban Planning Partners for Housing Element consulting services. The contract included the initial steps to evaluate the level of environmental review that would be required but did not include the funding for the analysis and production of the document, which will be part of the FY 2022-23 budget.
DISCUSSION: UPDATE ON TOWN PROCESS
The Ad Hoc Housing Element Committee (AHHEC) has met eight times since August 2021, and continues to advance its charge to develop a Housing Element that complies with State law and will be certified, while maintaining Town values.
The AHHEC has also studied, discussed and as applicable, provided guidance to staff and consultants regarding the following key building blocks of the Housing Element update process:
• Organization/evaluation of existing Housing Element - challenges and opportunities • Portola Valley demographic and housing trends
• Housing affordability income categories
• Housing Element law – The California Department of Housing and Community Development (HCD) annual reporting requirement and consequences of not meeting Town’s Regional Housing Needs Allocation (RHNA) • RHNA Zoning Target Concept (buffer) – including State’s No Net Loss Law • Accessory Dwelling Units (ADUs) – past and forecasted Town production and affordability categorization
• Resilience and safety - wildfire risk and geology and seismic considerations • Housing Element interaction with other General Plan Elements • The Town’s Affiliated Housing Program – expansion or revision of the program • Implications of SB9
Housing Element Update March 23, 2022
Particularly critical to the AHHEC’s work is to recommend key sites for the Housing Sites Inventory, an inventory of land suitable for residential development, including vacant sites and sites with potential for redevelopment. The Committee first discussed housing sites at its October 18, 2021 meeting (see p. 5 for introduction to topic). As a first step, staff presented to the committee an analytical framework for sites analysis in the form of land use maps to identify constraints such as fire risk, geologic safety and limiting topography that may impact the analysis of potential housing sites. Staff then presented to the Committee several housing site scenarios previously assessed for market feasibility by the Town’s Housing Element consultant 21 Elements.
The Committee expressed interest in continued analysis of the two scenarios demonstrating the highest housing unit yield: Scenario B – increase density in Community Commercial (C-C) and Administrative Professional (A-P) districts by allowing increased Floor Area Ratio (FAR) and residential use and Scenario C – allow multi-family (minimum 20 dwelling units/acre) along Alpine Road and Nathhorst Triangle area. The 20 dwelling units/acre is widely accepted by the State as a minimum “default density” required to facilitate the development of affordable housing units.
The AHHEC resumed housing sites discussions at its February 21, 2022 meeting – see staff report (beginning on p. 5) – where the Committee reviewed a new series of maps (p. 17-28) to further refine the analysis of housing site scenarios B and C. In its discussion, the Committee expressed support for ongoing consideration of both site scenarios however, requested that staff and consultants provide an analysis of the Glen Oaks parcel of land owned by Stanford on Alpine Road to ascertain whether the parcel could serve as a potential housing site.
The February 28, 2021 AHHEC meeting – see staff report (beginning on p. 5) – again focused on housing sites analysis. The meeting was well-attended, with over 160 members of the public joining the virtual meeting. Typical meeting attendance is approximately 30 members of the public. Most public comment on the housing sites agenda item was provided by residents of the Nathhorst Triangle area who largely expressed opposition to Scenario C – establishment of a new multi-family zone. The Committee also received some comments from business owners opposing Scenario B – allow residential in C-C and A-P zones. In response, Committee discussion culminated in the following new direction to staff:
1. Explore new housing sites including further analysis of the Glen Oaks Stanford parcel, the El Mirador parcel behind Town Hall and the Neely property on Portola Road
2. Further study the potential for mixed use in the Town’s C-C and A-P zones while preserving local-serving businesses
3. Further study the development potential of the two vacant parcels on Alpine Road as sources of multi-family housing
Housing Element Update March 23, 2022
4. Explore an “opt-in” approach where property owners could volunteer for upzoning
5. Investigate dispersing housing sites throughout the community via an overlay zone allowing for up to six dwelling units/acre, with the understanding that such units would be market rate with the potential for a small number of affordable units
6. Revisit the list of Town-owned property to see if there is development potential
7. Consider using the Town’s affordable housing fund to provide incentives for affordable housing (such as multifamily or ADUs)
8. Revisit ADU process to see if additional streamlining is possible For the remainder of its tenure, the AHHEC is anticipated to review the following:
• Housing Element policies and programs
• Continue Housing Sites Inventory discussion
• Implementing Housing Element Concepts – including necessary zoning code amendments to accommodate new housing sites
• Review Draft Housing Element
DISCUSSION: COMPONENTS OF COMPLETE HOUSING ELEMENT UPDATE The update to the Housing Element necessitates three important steps by the Town: 1) Update to the Housing Element itself; 2) Zoning Code Amendments to implement the policies in the Housing Element; and 3) Environmental review under the California Environmental Quality Act (CEQA). There is a complex interplay between the timing and requirements for the Housing Element, Zoning Amendments, and CEQA review. Each of these items is discussed below, with additional details about timing and legal requirements.
The timeline for completion is very challenging and the different components have complex interdependencies. The information presented in this report is the best available at this time. As communication with HCD continues, the situation may continue to evolve.
Housing Element
As cities/towns throughout California have been updating their housing elements, additional information has become available on HCD approach and timing:
• Since our initial scoping for the Housing Element Update, Urban Planning Partners now has a better sense of HCD’s review process and expectations for these documents (based on reviewing comment letters in Southern California and Sacramento areas)
• We expect more than just one round of review given some cities are receiving three review letters. (Two to three is the norm in the SCAG region). • HCD will try to accommodate two 90-day review periods, but this timeline is not guaranteed.
• We cannot rely on any informal or expedited review process (unlike in previous years).
Housing Element Update March 23, 2022
From a practical point of view, the first submittal to HCD can be thought of as the rough draft and the second submittal as the final draft. Different cities are taking a different approach to the timing of each of these submittals. There is no clear best practice on how to approach the timing questions. Here are key issues for the Town Council to be aware of, working backwards from final certification:
• The Housing Element due date for certification by HCD is January 31, 2023 • There is a 120 day period beyond that date that can be used for the final HCD review and certification. If the Town is being conservative, this 120 day period should not be thought of as a grace period for the Town to use. Instead, it is intended to use for the back and forth with HCD to receive certification. The HCD review could take up to 90 of the 120 days.
• Intensive public meetings will be required in October-December 2022. Special meetings of the Planning Commission and Town Council may be required. • HCD review is anticipated from late June to late September. This is considered the latest feasible submittal window. Some cities are submitting their draft housing elements as early as April.
• There is a required 30 day public review period prior to submittal to HCD. • The full draft Housing Element needs to be completed to meet the above requirements and also go through appropriate public review. • It is critical for the work of the Ad Hoc Housing Element Committee to continue at a brisk pace to meet the schedule outlined above.
Zoning Code Amendments: the case for local control
In the last few years, State law has changed the requirements for zoning code amendments that are associated with housing elements. In past housing element cycles, it was common for jurisdictions to adopt a housing element with a “program” that required that city/town to adopt zoning code amendments after the housing element was approved.
As a result, the zoning code amendment process typically followed the housing element process. State law now discourages that practice by requiring prescriptive regulations if the zoning is adopted after the housing element. If the Zoning Amendments are not approved by January 31, 2023 then the Town:
• Must rezone sufficient sites to accommodate the lower income shortfall within three years and 120 days from the beginning of the planning period. All rezoned sites must allow for at least 20 units per designated site and must accommodate at least 16 units.
• Ensure a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for
Housing Element Update March 23, 2022
mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.3 • Must permit owner-occupied and rental multifamily uses by right for developments in which 20 percent or more of the units are affordable to lower income households.
By right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval.
Note these requirements are in place for the whole Housing Element cycle, not just until zoning amendments are completed.
As a result, the Town has been proceeding with the Housing Element Update process under the assumption that the Zoning Code Amendments should be completed by January 2023 to retain more local control, if at all possible. According to the current work program, the Ad Hoc Housing Element Committee would lead the initial development of the Zoning Amendments to compliment the Housing Element. The formal review of zoning code amendments requires a specific procedure under State law, including a public hearing by Planning Commission and two reviews by the Town Council. As currently conceptualized, the Zoning Amendments would have a light touch, with only the necessary changes and limited graphics or exploration of options.
The Town Council may wish to consider whether completing the Zoning Amendments by January 2023 is a critical priority, or whether it would be acceptable to complete them soon after the Housing Element is adopted. From a practical point of view, completing the Zoning Amendments after the Housing Element would mean if a housing developer submitted a multi-family project for one of the sites in the Town’s Site Inventory consisting of 16 market rate units and 4 lower income units, the Town would be required to approve the project by right. This means the project would not be subject to a Planned Unit Development (PUD), Conditional Use Permit (CUP), design review or even site development discretionary review. This by right approval is similar to the by right approval required for ADUs and SB 9 projects. However since the Town does not currently have any adopted development standards for multi-family housing projects, the developer would likely assert they are not subject to even the basic setbacks and height requirements. Further since the project is ministerial or “by right”, the California Environmental Quality Act would not apply to the project either.
It is not possible to know how likely it will be for a developer to come in right after Housing Element adoption to propose a project. As such, it is a judgement decision for the Town Council to consider the benefits and consequences of implementing the Zoning Code Amendments after adoption of the Housing Element.
3 Government Code section 65583(f) and Government Code section 65583.2(h).
Housing Element Update March 23, 2022
Environmental Review
Housing Element and zoning code amendments require environmental review under the California Environmental Quality Act (CEQA). Implementation of CEQA requires specific types of analysis in defined topic areas depending on the scope of the project/program.
Additionally, it necessitates its own timeline including a public comment period. In order for the CEQA analysis to begin, the scope of the project/program that you are studying needs to be (relatively) set. Typically, there is no way to expedite the environmental review process beyond coordination with the consultants performing the analysis. As the Council is aware, consultants that conduct this type of work are very busy because all of the jurisdictions in the Bay Area are undertaking their Housing Element Updates at the same time. To complete the CEQA document in time, the work needs to begin in April and proceed without significant changes to the project scope.
In addition, State laws for environmental review have changed in recent years to require a different type of traffic analysis; Vehicle Miles Traveled (VMT) has replaced Level of Service (LOS). Staff has been working with the consultant team since last fall on the initial steps required for the Town to implement VMT for the Housing Element Update so that this step would not delay the review process.
The current Urban Planning Partners contract includes the initial VMT analysis; however, the contract does not include the full environmental analysis or production of the CEQA document itself. In July 2021, when the contract was approved, it was not known what type of environmental analysis would be required. Staff recommended starting the initial steps and returning to Town Council when additional information became available. The preliminary work on the CEQA topic areas indicates that a Mitigated Negative Declaration (MND) is the appropriate CEQA document for the Housing Element and associated Zoning Amendments. The budget for that work is $152,918, not including a staff-recommended contingency. This is anticipated to be budgeted in the FY 2022-23 budget.
DISCUSSION: CONSEQUENCES OF NON-CERTIFICATION
State law has always required HCD to certify Housing Elements. In the past failure to receive certification carried little consequence. Over the past few years the State legislature has ratcheted up the consequences for failing to comply with the Housing Element law. As part of the 2021-2022 state budget, HCD received additional staff to grow its accountability efforts and formed the Housing Accountability Unit (HAU). The HAU also has authority to refer enforcement actions to the California Attorney General for prosecution.4 As described below, there are now also consequences for submitting a late housing element as well as failing to submit a compliant housing element. And most significant, there are now consequences for failing to actually produce the housing planned for in the Housing Element, though those penalties are currently not as robust as the penalties for not submitting a housing element.
4 A recent example of the vigilance of the HAU or “Housing Force Strike Team” is the recent warning issued by the Attorney General to Woodside relative to their SB 9 ordinance.
Housing Element Update March 23, 2022
Consequences of Submitting a Late Housing Element
Towns that fail to adopt a valid housing element within 120 days of the statutory deadline to revise the housing element must complete all necessary rezones within one year (as opposed to three years) of that statutory deadline. Towns that adopt more than one year from the statutory deadline cannot be found in substantial compliance with Housing Element Law until the local government has completed any required rezoning.
Consequences of Not Submitting a Housing Element to HCD Below is a summary of the most common penalties for not adopting a compliant Housing Element.
Additional Housing Element Costs. If the City Council fails to adopt the Housing Element on schedule, the Town Council will be required to revise its Housing Element more frequently in the future. Per Government Code Section 65588(e) (4), the eight-year cycle will be revised to a four-year cycle until the Town has adopted at least two consecutive revisions by the statutory deadline. By increasing the submission frequency, the Town will experience a substantially increased administrative burden and cost. Depending on the timing of the updates, the Town may be subject to completing as many as three updates within an eight-year period in order to realign its update schedule with the required schedule.
Financial Consequences. If the Town Council fails to adopt a compliant Housing Element, the Town will no longer be eligible for State funding grants, such as planning and transportation grants which the Town has received in the past.
Fines. In accordance with State Law (AB 101), HCD is required to publish a list of cities that have failed to adopt a certified Housing Element consistent with State Law. HCD is also required to notify the California Office of the Attorney General of all towns that are out of compliance. Should the Attorney General or a housing advocate file a lawsuit and should a Court find that the Town is in violation of State Housing Law, the court has the power to issue progressive fines from $10,000 to $600,000 per month, until the Council adopts a compliant Housing Element.
Litigation Costs. If the Town fails to adopt a compliant Housing Element, the Town should be prepared to defend itself against litigation and/or enforcement action brought against the Town and incur potentially significant litigation costs. If the Town loses the litigation, it not only pays for its own defense costs but also pays the attorney’s fees of the advocates bringing the action. Some examples include:
• In 2006, local advocates filed a lawsuit against the City of Pleasanton, because the Pleasanton City Council refused to adopt a Housing Element in compliance with State law. The California Attorney General joined the suit in 2009. In its unsuccessful effort to defend itself, the Pleasanton City Council paid $1.9 million just to cover the plaintiff’s legal fees.
• In 2012, the City of Menlo Park settled a lawsuit filed by three housing advocate groups for failure to adopt a Housing Element. Menlo Park paid $114,000 in attorney’s fees to plaintiffs to cover the filing of the lawsuit.
Housing Element Update March 23, 2022
• The City of Mission Viejo lost in its defense and was required to pay attorney’s fees of more than $800,000.
• The City of Huntington Beach lost in its defense. In addition to its legal fees, the City of Huntington Beach estimated that it missed out on the opportunity to receive as much as $625,000 in SB2 planning grant funds.
Staff is not aware of a single California city that has failed to adopt a compliant Housing Element and has successfully defended its decision in court.
Loss of Local Land Use Control. If the Town Council fails to adopt a compliant Housing Element, the Town Council should be prepared to lose its ability to regulate local land use. If a court finds that the jurisdiction’s Housing Element is inadequate, it must include one or more of the following remedies in its order:
• Suspension of the jurisdiction’s authority to issue building permits or related permits prior to the issuance of such permits for housing projects; • Suspension of the jurisdiction’s authority to grant zoning changes, variances, and map approvals;
• Mandated approval of residential housing projects. (Gov. Code 65755). • If a town has not adopted a compliant Housing Element within 18 months following a court order, the court may appoint a receiver to take all governmental actions necessary to bring the jurisdiction’s Housing Element into compliance. (Gov. Code 65585).
Consequences for Failing to Build Units Listed on Inventory In 2017, SB 35 was adopted to allow for a Streamlined Ministerial Approval Process for developments in towns that have not yet made sufficient progress towards their allocation of the regional housing need. SB 35 requires towns to file an Annual Progress Report (APR) on April 1 of each year, reporting on how many housing units it permitted in the prior calendar year compared to the number of units projected in the housing element. If the Town does not meet its housing quota for the year, developers are allowed a streamlined ministerial permitting process for qualifying multi-family projects. Eligible developments must include a specified level of affordability, be on an infill site, comply with existing residential and mixed-use general plan or zoning provisions, and comply with other requirements such as locational and demolition restrictions. The affordable housing percentage required to qualify depends on the local jurisdiction’s progress toward meeting their Regional Housing Needs Allocation (RNHA) targets. The other locational restrictions are similar to those contained in the new SB 9 legislation.
In Portola Valley, it is likely that SB 35 eligible sites would be the new multi-family sites designated in the Housing Element inventory. Since SB 35 sites must meet some additional criteria above and beyond the criteria necessary for inclusion on the housing
Housing Element Update March 23, 2022
inventory, staff does not anticipate developers to take advantage of SB 35. However, because the RHNA is so high this cycle and it will be more challenging to comply with the annual housing production requirements, staff wants to emphasize the potential impact of this new penalty. In addition, staff anticipates the Legislature will continue to increase penalties for failing to build housing units.
DISCUSSION: WORK PLAN AND TIMING
There are several factors currently influencing the work plan and timing. First is the latest information about the HCD review process that compresses the time the Town has to complete the first full draft of the Housing Element (discussed above). Second is the planned leave of one of the Town’s key staff members. Third is the robust public engagement and detailed work of the Ad Hoc Housing Element Committee.
At their February 28th meeting, the Ad Hoc Housing Element Committee expressed the desire to consider additional approaches to the Site Inventory5that would require additional time and resources. It appeared as if the additional time necessary to complete this analysis would mean that the original schedule and budget could no longer be met. As a result, staff has been in communication with the consultant team, additional consultants, other municipalities (particularly similarly-sized with similar land use patterns), and colleagues to develop possible options to move forward. As the Council may recall, the State laws that govern timing of the Housing Element and Zoning Amendments are new with this update and are all subject to interpretation. This discussion is based on the best available information.
At this point in the Housing Element Update, it is clear that additional resources will be necessary to reach completion. Staff has identified a range of options for the Council to consider.
1. Additional Resources- Critical for Completion
• Urban Planning Partners - $85,410 ($98,222 with contingency) These additional funds would cover the planned leave of a full time staff member, additional funds to explore the Ad Hoc Housing Element Committee’s ideas, and additional funds to coordinate with HCD and make revisions per their comments. Some of these funds would be expended this fiscal year and some next fiscal year.
• Economic Feasibility Firm - $15,000 - $30,000 (depending on scope) Based on the recent work of Ad Hoc Housing Element Committee, staff’s opinion is that additional financial feasibility analysis will be required. This proposal includes a new contract with a firm that conducts financial feasibility analysis for land development. Staff has identified a firm that will likely be available but it will depend on the final timing and the Town’s needs. The 5 The Site Inventory is the part of the Housing Element that designates specific sites for increased housing development, including affordable housing. This typically requires upzoning.
Housing Element Update March 23, 2022
scope of the work and the costs will depend on the specific implementation of the Committee’s ideas. The previous firm that conducted analysis for the Town is not available to complete additional work. These finds would be needed this fiscal year.
2. Additional Resources – for Council Consideration
• Zoning Amendments - $75,000 – 125,000 (depending on scope) One of the firms that bid on the Housing Element update contract had originally only provided a proposal to the Town for just the Zoning Amendments. Staff reached back out to them to see if they would be interested in joining the team. Bringing this firm on board provides benefits to the overall process. First, they have architects and urban designers on their staff so they can provide more of a graphics based approach to the zoning code amendments. Based on suggestions from the community, this may be a helpful skillset to bring into the process. Second, their approach to the Zoning Amendments would be more comprehensive, which may better meet the expectations of the community. Third, their participation would open up capacity for Urban Planning Partners to complete other work as needed. This work would be spread over this fiscal and next, with the majority of the work next fiscal year.
If the Council decides that it is not a priority to complete the Zoning Amendments by the deadline (as discussed above), then these funds are not needed at this time.
• Additional Department Support - $20,000
Add additional consultant staffing to the Planning and Building Department to increase overall capacity. Given the community’s high level of involvement and requests for additional communications, it would benefit the process for the Director to spend additional time on this work. The additional funds would be spent on a Management Analyst to assist the Planning and Building Director with management of the department, such as contract amendments, scheduling the many priorities of the department with a project management approach, grant administration, and reporting. These funds are for this fiscal year only.
FISCAL IMPACT
The environmental review under CEQA is a required component of the Housing Element Update. The budget for the Mitigated Negative Declaration is $152,918 (Attachment 1).
Staff would also recommend adding a 10% contingency to this amount.
Staff has provided a series of options for the Council to Consider to augment the existing resources. They may not all be implemented, but if they are, the total would be as follows:
Housing Element Update March 23, 2022
CEQA Review $168,210 (with contingency)
Urban Planning Partners $98,222 (with contingency)
Economic Feasibility $15,000 – $30,000
Zoning Amendments $75,000 – $125,000
Additional Dept Staffing $20,000
Total $376,432 – $441,432
Given the time sensitive nature of the Housing Element Update, staff is seeking Council feedback prior to preparing a detailed budget analysis. After Town Council discussion, staff will prepare the appropriate detailed scopes of work, contract amendments, and budget analysis. At this time, staff expects to have to use reserves for all of the additional expenditures for the Housing Element Update.
CONCLUSION
The Town Council should consider their priorities for the Housing Element Update and associated Zoning Amendments. Staff is asking for direction on the following topics:
• Does Council have any direction to staff and the Ad Hoc Housing Element Committee on the overall timeline? Is on-time completion the primary goal? Or should the Town spend a bit more time on exploration of the site inventory even if that risks the potential to get certified on time, knowing that there may be consequences, but it is hard to identify how impactful they would be. • Should the Town continue to pursue the Zoning Code Amendments with the Housing Element update for completion by January 2023 in the fashion described above? Or should those amendments be undertaken after the Housing Element to keep the focus and resources on the Housing Element itself? • Any other direction for the Ad Hoc Housing Element Committee or staff.
ATTACHMENTS
1. CEQA Budget
2. Urban Planning Partners budget for increased services
Curtis Banks
Principal-in-Charge
Carla Violet
Associate Principal
Planner/Graphics
Word Processing
Hourly Rate: $225 $205 $125 $130
Task A. Project Initiation
1. Kick-off Meeting 2 2 - - $ 860 $ - $ - $ - $ - $ 860
2. Project Description 1 4 6 1 1,925 $ $ - $ - $ - $ - $ 1,925 Subtotal for Task A 3 6 6 1 2,785 $ $ - $ - $ - $ - $ 2,785 Task B. Conduct Environmental Analysis
1. Land Use and Planning - 4 6 - 1,570 $ $ - $ - $ - $ - $ 1,570
2. Transportation and Traffic 2 4 2 1 1,650 $ $ 35,000 - $ $ - $ - $ 36,650
3. Cultural and Tribal Cultural Resources - 2 2 - $ 660 $ - $ - $ 17,825 - $ $ 18,485
4. Biological Resources - 2 2 1 790 $ $ - $ 9,700 - $ $ - $ 10,490
5. Air Quality - 2 2 1 790 $ $ 7,800 $ - $ - $ - $ 8,590
6. Geology and Soils - 1 1 - $ 330 $ 3,800 $ - $ - $ - $ 4,130
7. Greenhouse Gas Emissions - 2 2 1 790 $ $ 6,500 $ - $ - $ - $ 7,290
8. Hydrology and Water Quality - 2 1 - $ 535 $ 4,600 $ - $ - $ - $ 5,135
9. Hazards and Hazardous Materials - 2 1 - $ 535 $ 4,500 $ - $ - $ - $ 5,035
10. Noise and Vibration - 2 1 1 665 $ $ 7,800 $ - $ - $ - $ 8,465
11. Population/Housing - 2 4 1 1,040 $ $ - $ - $ - $ - $ 1,040
12. Public Services/Utilities/Recreation - 3 10 1 1,995 $ $ - $ - $ - $ - $ 1,995
13. Wildfire 2 4 6 0 2,020 $ $ - $ - $ - $ - $ 2,02014. Aesthetics - 2 4 1 1,040 $ $ - $ - $ - $ - $ 1,04015. Other Topics - 2 4 - $ 910 $ - $ - $ - $ - $ 91016. Mandatory Findings of Significance - 1 1 - $ 330 $ - $ - $ - $ - $ 330 Subtotal for Task B 4 37 49 8 15,650 $ $ 35,000 $ 35,000 $ 9,700 $ 17,825 $ 113,175 Task C. Prepare Environmental Document and MMRP
1. Administrative Draft Document 6 8 6 4 $ 4,260 - - - - 4,260
2. Screencheck Draft Document 2 6 12 4 3,700 $ - - - - 3,700
3. Public Review Draft Document 1 4 8 2 2,305 $ - - - - 2,305 4. Response to Comments 2 4 4 2 2,030 $ - - - - 2,030 5. MMRP - 2 4 2 1,170 $ - - - - 1,170 Subtotal for Task C 11 24 34 14 13,465 $ $ - $ - $ - $ - $ 13,465 Task D. Project Management
1. Project Management 4 8 6 - 3,290 $ - - - - 3,290
2. PC Public Hearing 4 6 - - 2,130 $ - - - - 2,130
Subtotal for Task 2D 8 14 6 - 5,420 $ - $ - $ - $ - $ 5,420 Hours 26 81 95 23 - - - -
$ 5,850 $ $ 16,605 11,875$ 2,990$ 37,320 $ 35,000 $ 35,000 $ 9,700 $ 17,825 $ 134,845
DIRECT COSTS
1. Printing and Misc. Direct Costs (assumes bulk of documents will be digital) $ 250 $ 250
2. Cultural Records Requests and Mailings $ - $ 2,070 $ 2,0703. Subconsultant Mark-up (10%) $ 9,753 $ 9,753 $ 10,003 $ - $ - $ - 2,070 $ $ 12,073
$ $ 47,323 $ 35,000 $ 35,000 $ 9,700 $ 19,895 $ 146,918
OPTIONAL TASK
1. Re-Run VTA Model and Prepare VMT Estimates (up to 2 more scenarios) $ - $ 6,000 - $ $ - $ - $ 6,000 $ $ 47,323 $ 35,000 $ 41,000 $ 9,700 $ 19,895 $ 152,918 Team TOTAL
Labor Subtotal
BASELINE ENVIRONMENTAL
TOTAL
FEHR & PEERS TOTAL
ENVIRONMENTAL
COLLABORATIVE TOTAL
COGSTONE TOTAL
Initial Study/ Mitigated Negative Declaration
Total (Labor + Direct Costs)
Total with Optional Task
Portola Valley Housing Element CEQA Document Fee Estimate
URBAN PLANNING
PARTNERS TOTAL
Direct Costs Subtotal
ATTACHMENT #1
I I I I I I I I
Curtis Banks
Project DirectorCarla VioletProject ManagerPlanner/ Support Word Processing Hourly Rate: $225 $205 $125 $130
Task 1. Project Management and Coordination
Weekly Team Meetings (24 mtgs/6 mos total) 24 40 8 - $ 14,600 Ad Hoc Committee Prep (6 mtgs) 10 48 12 - $ 13,590
Ad Hoc Committee Meeting Attendance (6 mtgs, 4 hrs) 20 25 - - $ 9,625 54 113 20 - $ 37,815
Task 2. Sites Inventory
Admin Draft Sites Inventory Scenarios 8 20 25 - $ 9,025 Public Review Draft Sites Inventory Scenarios 4 8 12 - $ 4,040 12 28 37 - $ 13,065
Task 3. Draft Housing Element
Admin Draft Housing Element 12 20 24 8 $ 10,840
Public Review Draft Housing Element 8 10 8 4 $ 5,370
HCD Review Draft Housing Element 4 4 - - $ 1,720
24 34 32 12 $ 17,930
Task 4. Final Draft, Final Adoption
Final Draft Housing Element 12 24 12 4 $ 9,640
Final Housing Element 6 18 10 2 $ 6,550
18 42 22 6 $ 16,190
TOTAL LABOR ESTIMATE
hours 108 219 111 18
24,300 44,895 13,875 2,340 $ 85,410
RECOMMENDED CONTINGENCY
15% Contingency - May only be used as authorized by client $ 12,812 $ 98,222
Urban Planning Partners
TOTAL ESTIMATED FEE WITH CONTINGENCY
PVHE Update Budget Amendment
Total
TASK 1 SUBTOTAL
TASK 2 SUBTOTAL
TASK 3 SUBTOTAL
TASK 4 SUBTOTAL
https://urbanplanningpartners.sharepoint.com/sites/FS/Shared Documents/Projects/21-029 PVHE/ADMIN/Contract/03-Contract PDVs/PVHE Budget_Amend.xlsx ATTACHMENT #2
#14
There are no written materials for Council Liaison Committee and Regional Agencies Reports
#15
There are no written materials for Town Manager Report
TOWN COUNCIL WEEKLY DIGEST
Thursday – March 10, 2022
1. Agenda – Architectural & Site Control Commission – Monday, March 14, 2022
2. Agenda (Cancelled) – Parks & Recreation Committee – Tuesday, March 15, 2022
3. Agenda – Trails & Paths Committee – Wednesday, March 16, 2022
4. Agenda (Cancelled) – Planning Commission – Wednesday, March 16, 2022
5. Agenda – Sustainability Committee – Thursday, March 17, 2022
6. San Mateo County Sheriff’s Office Incidents Report – 4 th Quarter 2021
7. Invitation – March for Meals Community Champions Breakfast – Tuesday, March 22, 2022
8. San Mateo County Mosquito and Vector Control District - March 2022 Newsletter Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. Invitation – HIP Housing, Cheers to 50 Years! – Thursday, May 12, 2022
______________________________________________________________________________
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/81008143695?pwd=NkFPZVdNRFU0QjN3RGc4QXN1aXF1dz09 Or: Go to Zoom.com – Click Join a Meeting – Enter the Meeting ID Meeting ID: 810 0814 3695 Passcode: 572555
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, March 14, 2022
THIS SPECIAL MEETING IS BEING HELD
VIA TELECONFERENCE ONLY
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144
Agenda – ASCC
March 14, 2022
4:00 PM - CALL TO ORDER
Commissioners Cheung, Sill, Wilson, Vice-Chair Koch, 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 for a new spa, deck, pathway, and minor alterations to the main residence in the Blue Oaks Planned Unit Development, File # PLN_ARCH0021-2021, APN 080-241-360, Toor (J. Garcia)
COMMISSION, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS
2. Commission Reports
3. Staff Report
a. Update on return to in-person meetings
APPROVAL OF MINUTES
4. ASCC Meeting of February 14, 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
MEETING CANCELLATION
NOTICE
The regular meeting of the Parks & Recreation Committee scheduled for Tuesday, March 15, 2022, has been
canceled.
Town of Portola Valley
Parks & Recreation Committee Meeting
Tuesday, March 15, 2022 – 7:30 pm
MEETING CANCELLATION NOTICE
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____________________________________________________________________________________________________________
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/87336307912?pwd=c0RlcVM4QjZrQW9IelU2MXloUStsQT09 Meeting ID: 873 3630 7912
Password: 624671
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. Welcome Jacquelyn Davis to Trails & Paths
3. Oral/Community Communications
4. Approval of Minutes from February 16, 2022, meeting
5. Old Business
a. Trail Conditions, Work, and Budget for February 2022: Howard update/discussion b. Cherokee Trail Sign Change/Addition to correspond to trail/path easements:
Group/Howard – update on new sign locations
c. Alpine Trail/Safe Route to Schools Subcommittee: Group – discussion/update d. PV Trail Map Subcommittee: Group – discussion/update
6. New Business
a. 2022 Horse Fair: Group - discussion on new date
b. 2022 Community Hike: Group - planning
7. Other Business
8. Adjournment
Next scheduled meeting is April 20, 2022
TOWN OF PORTOLA VALLEY
Trails and Paths Committee Meeting
Wednesday, March 16, 2022, 9:00 AM
Special Videoconference Meeting via Zoom
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NOTICE OF MEETING CANCELLATION
PORTOLA VALLEY PLANNING COMMISSION MEETING
REGULARLY SCHEDULED FOR
Wednesday, March 16, 2022
Notice is hereby given that the Portola Valley Planning Commission meeting regularly scheduled for Wednesday, March 16, 2022 has been cancelled.
The next meeting of the Portola Valley Planning Commission is scheduled for Wednesday, April 6, 2022 at 7:00 PM.
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Planning Commission
Wednesday, March 16, 2022
Historic Schoolhouse
765 Portola Road, Portola Valley, CA 94028
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_________________________________________________________________________________________________
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/84153930202?pwd=S3BWUGJ0NXJYYXBrbUZoSmlxM1Y5UT09 Meeting ID:
841 5393 0202
Password:
123233
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 2-17-2022 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
e. Advertising for seminar in April
f. Ad Hoc Housing Element Committee of Committees news, if any g. Priorities for 2022* (Pre-read included on 2nd page)
6. Next Meeting and Proposed Agenda Topics: April 21, 2022, 7 pm
7. Adjournment
TOWN OF PORTOLA VALLEY
Sustainability Committee Meeting
Thursday, March 17, 2022, 7:00 PM
Special Videoconference Meeting
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SUSTAINABILITY COMMITTEE POTENTIAL GOALS 2022
1. Update Website with actionable information to reduce GHG and water usage
2. Community Education : PSAs (monthly) to encourage GHG and water reduction
3. Sustainability Book and Podcast Club (Need facilitator and rules. Chapter a week. In depth sharing.) (minor potential costs)
4. PV Seminar and Movie Series (in collaboration with Nature& Science, Cultural Arts, Conservation) (see prior budget)
5. Smart water meter usage with Cal Water education and outreach - postcard expense.
6. Energy Efficiency Goal for reduction in GHG for PV? How to measure
7. Smart Meters and gadgets
8. Drought Action
9. Ordinances and Regulations
10. Building Efficiency
11. Housing element
12. Green Building Ordinance
13. Climate Action Plan
14. Demos
15. OTHERS TO BE ADDED
0 10 20 30 40 50
Residential Burglary
Commercial Burglary
Vehicle Burglary
Robbery
Grand/Petty Theft
Assault- Felony
Assault-Misdemeanor
Auto/Trailer Thefts
Domestic Violence
Sexual Assaults
Others
OCT - DEC 2021
SAN MATEO COUNTY
SHERIFF'S OFFICE
Below you will find statistical information related to incidents reported in the Town of Portola Valley from October 1 to December 31, 2021.
TOWN OF PORTOLA VALLEY
1 2
3 42
1 #6
TRAFFIC INCIDENTS AND
CALLS FOR SERVICE
1 (4) 1 (2) 5
Traffic Accident
- Major Injury
0 0 0
DUI Collisions Hit and Run
- No Injury
Traffic Accident
- Minor Injury
Traffic Accident
- No Injuries
Traffic Accident
- Fatal Injuries
999
Calls for
service
Total
Citations
24 -' ' ' ' ' . , ' . . '.
We would like to invite you to Peninsula Volunteers, Inc. (PVI) Meals on Wheels "March for Meals - Community Champions Breakfast". This year marks the 44th anniversary of PVI Meals on Wheels service to residents of San Mateo County. We hope you will join us for this annual celebration.
We would be honored if you could participate in the March for Meals campaign by helping to deliver or make wellness calls for our senior clients during the month of March 2022.
Every year, PVI Meals on Wheels participates in "March for Meals", a nationwide annual effort to recruit volunteers and increase public awareness of senior hunger in our community. This national event offers community champions the chance to experience our program and recipients firsthand. In doing so, you can connect with your constituents in our community and help PVI Meals on Wheels gain much-needed visibility.
Date & Time: Tuesday, March 22nd, 2022 at 9:00 am
Location: Peninsula Volunteers, Inc. Little House Courtyard 800 Middle Avenue, Menlo Park, CA 94025
Opportunities to experience our program:
• Ride-a-long:
o Join a PVI delivery driver for an in-person opportunity to experience delivery routes and Meals on Wheels recipients in your district. This is a shortened route that will take no longer than 1 hour. o Monday through Friday
o Routes available from 10 am - 2 pm
• Wellness Calls
o Partner with a PVI teammate for a telephonic experience completing wellness calls for Meals on Wheels recipients.
o Monday through Friday
o Wellness call sessions are available from 10 am -2 pm. We invite you to participate in one 45 minute session.
Please RSVP by March 1st, 2022, and don't hesitate to contact us with any questions. We can be reached at (650) 323-2022 [email protected].
Thank you for your consideration of our request.
Jos Bols
Director, PVI Nutrition Services
For almost 75 years, Peninsula Volunteers, Inc., a duly recognized 501 (c) (3) non-profit, has enabled seniors to age in place, driven by a profound legacy of caring and our core values of respect, commitment, trust, dedication and compassion. Our four core programs serve over 6,000 households and address the most pressing issues of aging adults by offering critical services to sustain their daily physical, nutritional, emotional and mental health while achieving dignity and independence in their lives. PVI’s programs include Nutrition Services/Meals on Wheels; Adult Day Services at Rosener House; Health, Wellness and Lifetime Enrichment offerings at Little House; and on-demand Transportation Services at Little House.
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TOWN COUNCIL WEEKLY DIGEST
Thursday – March 17, 2022
1. Agenda – Ad-Hoc Housing Element Committee – Monday, March 21, 2022
2. Agenda – Conservation Committee – Tuesday, March 22, 2022
3. Invitation – Council of Cities Virtual Dinner Meeting – March 25, 2022
4. Invitation – Working together to end Homelessness Virtual Meeting – Friday, April 22, 2022
5. Letter from R. and K. Allen re RHNA Housing and Residents Affidavits – March 17, 2022
6. Letter from C. Reed with Hopkins Carley Law Corporation representing R. and K. Allen re Housing Element Update and RHNA – Monday, March 14, 2022
7. Letter from Emergency Preparedness Committee Chair, M. Tomars, Geologic Safety Committee Chair, C. Wrucke and Wildfire Preparedness Committee Chair, M. Tomars re Concerns with Safety Element Update – Sunday, March 13, 2022
8. Letter from K. Vahtra for the Portola Valley Independent Safety Element Committee re Draft Safety Element
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/83462019614?pwd=RmpQNkpYOW51YkkxWjdXMWIrRlMxZz09 Or: Go to Zoom.com – Click Join a Meeting – Enter the Meeting ID Meeting ID: 834 6201 9614 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
Monday, March 21, 2022
THIS MEETING IS BEING HELD
VIA TELECONFERENCE ONLY
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Agenda – AHHEC
March 21, 2022
Committee Members:
Jeff Aalfs - Town Council Subcommittee Al Sill - ASCC Representative and Vice-Chair Aimee Armsby Jocelyn Swisher - Chair
Sarah Dorahy Nicholas Targ - Planning Commission Representative Erik Doyle Bob Turcott
William Kelly Janey Ward
Anne Kopf-Sill - Planning Commission Representative Sarah Wernikoff - Town Council Subcommittee Andrew Pierce - Race and Equity Committee Representative Helen Wolter 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.
COMMITTEE DISCUSSION
1. Housing Element Policies and Programs (2 Hours 15 Minutes) a. Review and discuss existing policies and programs from current RHNA Cycle 5 and new proposed policies and programs for RHNA Cycle 6
STAFF UPDATE
2. Staff to provide updates to Committee (15 Minutes)
a. Review forthcoming Committee meeting topics and schedule b. Update on item for Town Council for March 23, 2022
APPROVAL OF MINUTES
3. Minutes of February 22, 2022 and February 28, 2022
ADJOURNMENT
COMMUNICATIONS DIGEST
Public comments received since the last meeting will be distributed to the Committee at the end of each agenda packet.
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/88350820260?pwd=N2lIcHRCenNlR0VVcG5xc0dINEZpZz09 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: 883 5082 0260
Password: 030906
SPECIAL MEETING AGENDA
1) Call to Order
2) Oral Communications
3) Approval of Minutes for February 22, 2022
4) Site Permits
a) 385 Westridge – waiting for Architect to arrange
b) 3 Buck Meadow – 5 yr easement restoration
c) 41 Stonegate
d) 9 Buck Meadow
5) Tree Permits
a) 50 Hayfields
b) 350 Grove
d) Sequoias – Two almost dead Redwoods
6) Old Business
a) Oversight of significant Town-owned properties
i) Town Center (Magill)
ii) Spring Down (Murphy)
iii) Hawthorns
b) Committee/Town Cooperation
i) Public Works – Guidance for Sequoia’s trail maintenance ii) Trails and Paths (Coleman)
TOWN OF PORTOLA VALLEY
Special Conservation Committee
Virtual Meeting
Tuesday, March 22, 2022 – 7:00 PM
Special Videoconference Meeting via Zoom
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iii) Open Space (Chiariello)
iv) Sustainability (Murphy)
v) Wildfire Preparedness (Chiariello)
c) Backyard Habitat (Plunder)
d) Tip of the Month (Magill)
e) What’s Blooming Now? (Magill)
f) Kudos (Plunder)
g) PV Donates – suggestions for projects we might pursue with additional funding h) Review Recommended Plant Lists (Magill)
i) Conservation items for ADU and other ministerial Checklists 7) New Business
a) Mt lion study at MROSD
b) Ready for Wildfire Sprint (R4W Sprint) – Community building/fuels management i) ROW clean-up
ii) Alhambra Ct. first
c) Housing element & town open space – are the parcels legally protected from building for this case
8) Next Meeting Tuesday, April 26, 2022 7:00 pm Zoom
9) Adjournment
Meeting Announcement
FRIDAY, MARCH 25, 2022
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 Medina if you wish
to bring up an item for group discussion or give a committee report. email: [email protected]
Location:
Virtual Meeting via Zoom
(register using link below)
Questions: Email Leilani Ramos at
[email protected]
Schedule:
Join early for Social Time!!
Link will open at 5:00 pm
5:30 pm Business Meeting
5:45 pm Program
6:30 pm Adjournment
Registration
Please RSVP by Wednesday, March 23, 2022 via
Zoom Registration link below:
https://bit.ly/DalyCityCouncilofCities
After registering, you will receive a confirmation email from Zoom containing information about joining the meeting. If you have any issues, please register directly with Assistant to the City Manager Leilani Ramos at [email protected]
There is no charge for this program.
NOTE: This meeting is being held virtually as the Daly City Council has not yet resumed in-person meetings
as of the date this agenda was created.
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San jlf ateo County
COUNCIL of CITIES
Business Meeting at 6:30pm
FRIDAY, MARCH 25, 2022
5:30 pm
• Call to Order by Chair Rico Medina
• Roll Call and Introduction of Mayors, Council Members and Guests • Business Meeting
• Approval of Minutes of Previous Meeting and Treasurer’s Report • Committee Reports
• Old Business
• New Business
• Announcements
5:45 pm
• Program
• Introduction by Mayor Roderick Daus-Magbual, Daly City • Spotlighting Daly City’s Youth
6:30 pm (approximately)
• Meeting Adjourned
San .M.aLeo Count ~of~
COUNCIL ef CITIES
From: Don Horsley
Sent: Thursday, March 17, 2022 1:48 PM
Subject: Join Us: April 22 Working Together to End Homelessness Dear Community Partner,
2022 is Our Year of Ending Homelessness Together in San Mateo County. Ending homelessness is the highest priority for the County of San Mateo and the Board of Supervisors, but we can’t do this alone.
Please join us at our first event, a virtual convening on April 22, 2022 from 10:00 am to 12:00 noon where we will learn, discuss, and commit to ending homelessness. Register for this convening here.
Watch the video invitation from County Manager Mike Callagy here. Visit our website for more information and event dates: smcendinghomelessness.org.
We look forward to seeing you on April 22nd and at future Year of Ending Homelessness Together events.
Sincerely,
#4
WORKING TOGETHER
TO END HOMELESSNESS
San t o County Supervisor Don Ho loy
00 county Cent r
Redwood C ly, CA 9 063
650-363-4569 (office
ho y@ moo v.org
unty up rvis t Carol G in
ter
R • 9063
650-363· S68
COUNTY SAN ATEO
#5
ALLEN FAMILY TRUST
211 Nathhorst Avenue
Portola Valley, CA
94028
To: Ad Hoc Committee Members and Town Council
Date: March 11, 2022
Dear Group,
We support the town's efforts to comply with the RHNA.
The current approach ofrezoning occupied homes is contrary to the citizen's stated desire to see housing distributed throughout the town.
Since February 28th when owners first learned of this, there has been NO communication to the homeowners as to whether they are still a target of this discriminatory approach.
Our family home is not and will not be available for any development during the planning period. Our home has zero demonstrated potential for development.
We enclose affidavits from our Trust as well as from other citizens. More will be forthcoming.
We offer the following alternatives, in addition to the ones already proposed.
Consider a bond measure supported by the citizens to raise funds to buy suitable property but to partially support actual construction. That would distribute the objective across our town.
Consider rezoning a few acres of vacant land on Portola Road. If the town can consider rezoning occupied homes, it surely can rezone a tiny fraction of open space.
It is the duty of the Town Council to represent its citizens first as it works to comply with state mandates.
s~ (lt_
Robert Allen
Trustee
~ Karen Allen
Trustee
AFFIDAVIT
I, Robert Allen, Trustee, and I, Karen Allen, Trustee, of the Allen Family Trust declare under penalty of perjury as follows:
I. Our home at 211 Nathhorst Avenue Portola Valley has been owned by the Allen Family Trust for the last 15 years.
2. That Trust has provisions for its long-term maintenance and viability as a single-family home for our child and future generations.
3. That Trust has a specific endowment for the maintenance and taxes of the home for any beneficiary of the trust and provisions not to sell the property in the event of the demise of either of its Trustees.
4. We have just completed a major remodel of the property costing well into 6 figures.
5. We have no intentions ofleaving our great community.
We declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on this 11th day of March 2022 at Portola Valley, California.
Robert Allen Karen Allen
Trustee Trustee
AFFIDAVID
Town of Portola Valley housing committee and Town Council.
Sue and I have lived at 285 Nathhorst Ave. for over 40 years. The house and property are held in the Jamie G. Koblick and Susan J. Koblick Trust dated 2007. Susan and I are trustees of the trust. The beneficiaries are our two children. One of whom is currently living here.
Our long-term plans have always been to continue to reside here for the foreseeable future. We would either live in the main house or our guest house with one of our children living in the other. At some point in the distant future (10 to 20 years), if our children are unable to care for us, both children said they would love to live here for a considerable time. My son and his family in the main house and my daughter in the guesthouse. This estate plan was structured around three main criteria. 1), what better place to live than in Portola Valley. 2), make it possible for us to live in our home for as long as possible. 3), to pass on our house via the IRS step up. Thereby avoiding huge capital gains taxes.
On another note.
On February 23, 2022 we were blindsided by the towns plans to upzone our property to multi unit.
Our plans have always been to enlarge the guest house to facilitate our plan. This act would prevent us from adding any square footage to our property. Currently All Portola Valley residence have the legal right to develop their property as they see fit, as long as it conforms to the towns guidelines. Changing these guidelines midstream unfairly and disproportionately infringes on our rights as Portola Valley citizens.
We swear that all the facts regarding the trust are valid and true. Text unrelated to the trust are subject to interpretation.
Koblick
a,n;:;)
s:e::q-~ 5/</lz 2-
1 1 /
AFFIDAVIT
I, Jeffrey J Booth, Trustee, and I, Janice Lee Tomer, Trustee, of the Jeffrey J Booth and Janice Lee Tomer Trust dated July 22, 1997 declare under penalty of perjury as follows:
I. Our home at 250 Nathhorst Avenue Portola Valley was purchased by Jeffrey Booth in 1975 and has been his continued residence for 47 years. For the last 25 years our home has been owned by the Jeffrey J Booth and Janice Lee Tomer Trust.
2. We have just completed a third major remodel of the property.
3. We plan to live in this property for at least the next 10 years and have no provisions to sell the property in the event of the demise of either of its Trustees.
We declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on this 9th day of March 2022 at Portola Valley, California.
J~eyt
Trustee
AFFlDAVIT
We, Kevin Edward Ford and Celeste Vol~ Ford, Co-Trustees of the Ford FamjJy Revocable Trust Dated October 10, 1996 (the "Ford Family Revocable Trust", or the "Tnisl") hereby declare under penalty of perjury as follows:
I. Our home at 235 Nathhorst A venue, Portola Valley, CA ( our "Residence") has been owned by the Tru t since the inception or the Trust in 1996 (i.e., for the past 26 years), and \\C have owned and lived at our Residence since 1993 (i.e., for nearly 30 years).
2. The Trust has provisions that provide for the long-tenn maintenance and viability of our , home as a single-family home for the benefit of our children and future generations.
3. Each of our three children are also the beneficiaries of separate Intentionally Defective Grantor Trusts (''IDGT" Trusts) that can provide them with discretionary funds for their living expenses, as well as the purchase, maintenance and taxes of their homes (including our Residence, if so desired).
4. We are nearing completion of a major (high six figures) remodel of the property to add a new Auxiliary Dwelling Unit ('' ADU") on the site. This entire process has taken over two years, including securing the necessary approval and permits from the Town and the County.
From the beginning, our clear long-term intent for this ADU is for the two of us to eventually downsize and transition from the main house Residence to the ADU, while one of our children/grandchildren move into the Main house to provide close-by support for us in our advanced years.
5 \\e haq:· li\ed at thi property since 1993, and have no plans to dispose of this property during our lifetimes (life e'{pectancy 15 - 20 years), nor do our children (inheritors of our <.',tate) ha,e an) intention to dispose of this property upon our demise (particularly given our dear intent to personal!} utilize the ADU in the future).
We declare under penalty of perjury that the foregoing is true and correct, and that this declarallon "as e,ecuted on this 8"' day of March, 2022 at Portola Valley, California. /}£itJ(k· _ Ke,m E. Ford
Co-Trustee
Celeste V. Ford
Co-Trustee
DocuSign Envelope ID: 9CB4F01 F-6469-48O3-A708-8ACCD555568C
AFFIDAVIT
I, Daniel Cole, Trustee, and I, Tammy Cole, Trustee, of the Cole Family declare under penalty of perjury as follows:
l. Our home at 145 Nathhorst Avenue Portola Valley has been owned by the Cole Family for the last 14 years.
2. We are in the process now of completing our family trust which will name our four children all being appointed with an interest in the long-term viability as a single-family home for their use and future generations.
3. This trust on completion will have a specific endowment for the maintenance and taxes of the home for any beneficiary of the trust and provisions not to sell the property in the event of the demise of either of its Trustees.
4. We plan to live in this property for at least the next 20 years We declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on this 8th day of March 2022 at Portola Valley, California.
Daniel Cole
Trustee
Tammy Cole
Trustee
AFFIDAVIT
I, James L. Vernazza, Trustee, and I, Ellen L. Vernazza, Trustee, of the Vernazza Family Trust declare under penalty of perjury as follows:
1. Our home at 120 Nathhorst Avenue Portola Valley has been owned by the Vernazza Family Trust for the last 23 years.
2. We plan to live in this property for at least the next IO years. ~ Vernazza - trustee
AFFIDAVIT
I, Marilyn Jean Tudal•Fidge , Trustee of the Marilyn Jean Tudal-Fidge Family Trust declare under penalty of perjury as follows:
1. My home at 4320 Alpine Road in Portola Valley has been owned by the Tudal-Fidge Famiy Trust for the last 38 years
2. I plan to live on this property for at least the next ten or more years.
Mari!ynJ.Tuai=Filige - trustee
Tu~ )D I i ~ ,'.}, '}-
Date
Chuck Reed
[email protected]
T. 408.299.1409
F. 408.998.4790
Palo Alto San Francisco San Jose
4870-1642-6516.1 Hopkins & Carley A Law Corporation hopkinscarley.com San Jose
70 South First Street
San Jose, CA 95113
T. 408.286.9800
F. 408.998.4790
March 14, 2022
By Email: [email protected]
Portola Valley Ad Hoc Housing Element Committee
Portola Valley
765 Portola Rd.
Portola Valley, CA 94028
Re: Housing Element Update
Dear Committee Members:
Hopkins & Carley represents the Allen Family Trust, Robert and Karen Allen, trustees, who make their home at 211 Nathhorst Avenue, Portola Valley.
The Allens recognize the difficulties of updating your Housing Element in order to meet your RHNA allocation and appreciate the hard work that has been done by staff and the Ad Hoc Committee. As a former Mayor, Councilmember and Planning Commissioner for San Jose and Santa Clara County, I understand how hard it is to comply with state law when your community is opposed to what the State makes you do.
However, the State law must be followed. Unfortunately, the Town’s current approach of relying on the rezoning of owner occupied homes is contrary to the state statutory requirements. A Housing Element submitted to the state that relies on single family owner occupied housing sites will not be approved and it is a mistake to assume it will be accepted. I speak for the Allens, but they are not alone and many of their neighbors have similar circumstances that do not allow their homes to be included in your land inventory.
The sites in your inventory of land suitable for residential development must have a “realistic and demonstrated potential for redevelopment during the planning period.” Government Code section 65583 (3)
The Allens have submitted clear and convincing evidence that their family home is not and will not be available for any development during the planning period. Their home has zero demonstrated potential for development. The Town cannot include their property in the Town’s inventory.
The Town “shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site . . .” Government Code section 65583.2.(c) The Town has no evidence that supports a determination that the Allens’ property can accommodate any development during the planning period. The Town cannot include their property in the town’s inventory. #6
@Rkins carley
Portola Valley Ad Hoc Housing Element Committee
March 14, 2022
4870-1642-6516.1
Government Code section 65583.2 (g) (1) requires the Town to take specific steps when considering “nonvacant” sites. The Town “shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.
That methodology “shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development . . .” Government Code section 65583.2 (g) (1)
The Town has failed to provide any methodology used to determine the development potential of the Allens’ “nonvacant” owner occupied family home. It is not available for any development. The town cannot include their property in the town’s inventory.
In addition, the Town must produce substantial evidence that the Allens’ use of their family home is likely to be discontinued during the planning period. The Allens’ existing use of their property is “presumed to impede additional residential development.” Government Code section 65583.2 (g) (2) The Town has no evidence to rebut that presumption. In fact, all the evidence supports that presumption.
The Town cannot include the Allen’s property in the town’s inventory.
The State HCD will not accept homes with no development potential during the planning period for the Portola Valley housing inventory. HCD will see the inclusion of such properties as a poorly disguised attempt to get around state law.
The Town should not expect that its Housing Element can be submitted and reviewed by HCD without these deficiencies being noticed. A single picture of the Allen’s family home will show clearly and quickly that the Housing Element does not comply with state law.
The Town has reasonable alternatives to including owner occupied family homes in the land inventory, such as allowing mixed uses in commercial areas or acquiring vacant property. Some of those alternatives have been suggested by the Allens. The Town should take them seriously and avoid adopting a Housing Element that is bound to be rejected. No one will enjoy the consequences of a rejection.
On behalf of the Allen family, I respectfully request that rezoning of single family homes be dropped from consideration.
Sincerely,
HOPKINS & CARLEY
A Law Corporation
Chuck Reed
cc: Town Council, Planning Commission, Town Attorney (By email: [email protected])
1 Dear Mayor Hughes and Members of the Town Council:
We are writing to express our shared concern about the update to the Safety Element (“SE”), its current stage of development, and the role of our respective committees in the review and editing process.
We understand that consultants have been developing the SE update for the past six or seven months.
We also understand that our committees will be receiving regular updates as progress on the SE advances. Further, based on representations made by the Town staff, it is our expectation that our committees will be provided an opportunity to review drafts of the SE during the April to May timeframe. Given these facts, we have serious concerns with respect to the nature and scope of the work product, as well as the time provided to review drafts of the SE update. Our concerns include but are not limited to the following items:
1. It would be most helpful if a contingent from each committee could meet with the consultants to understand their progress on the SE update, as well as provide input prior to dropping the entire document for review at a committee meeting. A subcommittee of the Wildfire Preparedness Committee (“WPC”) has found that direct involvement with the consultant working on the Evacuation Traffic Study has been helpful in developing a superior product.
2. We have significant concerns regarding the timeline as currently presented. To provide sufficient time to review the materials for the SE update, the Geologic Safety Committee (“GSC”) has been told to anticipate the need for at least several meetings. The GSC is willing to work with the consultants if given the opportunity. The Emergency Preparedness Committee (“EPC”) is currently unable to find a consensus date for a Veoci demo, and it is unlikely that a quorum could be established for special meetings of the EPC. The further we advance into the summer, the less likely that the SE update will receive the review that is duly warranted.
3. We have received no information on the sections of the SE that will require review, or the number of public meetings that are planned or required. We have also not been provided access to the consultants or specialized alternative consultants that are working on this project.
We have listed a few suggestions below to improve the process flow.
1. As soon as possible, set up a meeting between the consultants and contingents from EPC, WPC, and GSC to understand the following:
a. the status of the SE update;
b. sections that each committee will need to review; and c. specific tasks where the committees can gather information, survey residents, or otherwise provide support to the consultants.
Early engagement with the consultants will have the benefit of front-loading multiple processes, which should expedite overall results in the long run.
2. Plan a joint meeting of all three committees where the consultants can be introduced, and an overview of the SE can be presented. This joint meeting would eliminate the need for separate meetings with each committee. To ensure transparency to the community, this meeting should be recorded and made accessible for public view. Such recording may also be viewed by members of the EPC, WPC and GSC who were unable to attend the meeting.
3. Plan a joint discussion with the Committee Chairs to determine how best to proceed with committee reviews of the Safety Element – alternatives include special meetings of the EPC, WPC and GSC and/or their respective subcommittees and/or public meeting.
The EPC, WPC and GSC stand ready to contribute their expertise and offer their oversight in connection with the development of SE update – a critical document that supports multiple safety protocols for our #7
2 Town. In response to this letter, please reach out to the EPC, WPC, and GSC so that we can begin to collaborate on how to achieve a desirable outcome.
Regards,
Chet Wrunke
Chair Pro-Tem and Secretary, Geologic Safety Committee
Michael Tomars
Chair, Wildfire Preparedness Committee
Dale Pfau
Chair, Emergency Preparedness Committee
cc: Jeremy Dennis, Town Manager
Sharon Hanlon, Town Clerk
March 14, 2022
Dear Portola Valley,
For three years now, our town government has repeatedly delayed initiatives with respect to the threat to wildfire in our community. In 2015, the town ignored the state mandate to update our Safety Element. Now in 2022, the town is required to update both the Safety Element and the Housing Element of our General Plan. Instead of updating the Safety Element first to provide an informed and safe basis for development of additional housing, an update of the Housing Element has been proceeding forward for months now.
We as concerned residents recognize that the Safety Element needs updating as soon as possible in order to guide the Housing Element.
To guide that effort a group of wildfire experts in town have applied all of the existing objectives and principles of our 2010 Safety Element to the hazards and risk posed by wildfire. We have applied those long-standing and well-accepted objectives and principles to sketch out in detail the Safety Element provisions that we believe they require for wildfire prevention and safety in our community.
We have limited our effort to drafting only those provisions of a Safety Element that relate to wildfire prevention and safety. We have not addressed provisions related to fault displacement, ground shaking, landslide, ground settlement, soil liquefaction, flood, erosion and sedimentation, expansive soils and soil creep, or general emergency preparedness, trusting that the Geologic Safety Committee and Emergency Preparation Committee are more qualified and better suited to address those provisions. In some areas, the existing Safety Element may require little or no revision or update.
We have prepared this draft to help our residents understand and consider what a conscientious, effective program of wildfire prevention and safety will entail in our community. Please review this document. We hope that you join us in supporting our draft of a Safety Element that will reduce the severe wildfire hazards and risks we all confront.
Portola Valley Independent Safety Element Committee
#8
Hazard and Risk Assessment
The Town should prepare and regularly update a comprehensive assessment of wildfire hazards and risks throughout the town and its immediately surrounding fire ecosystem that identifies the different types and levels of hazard (Very High, High and Moderate) affecting the town. This hazard and risk assessment should incorporate the following elements:
1. A detailed analysis of the topographic, climatic, seasonal and weather conditions and how that impacts potential fire behavior.
2. A detailed analysis of the man-made and vegetative fuel loads and how that impacts potential fire behavior. The fuel load assessment needs to use both ground surveillance as well as aerial and lidar data. Because the built environment and vegetation changes over time, this analysis needs to occur every 5 years as conditions change.
3. A comprehensive, peer-reviewed methodology to identify, categorize and distinguish areas within the town’s fire ecosystem that comprise Very High, High and Moderate Fire Hazard Severity Zones based on the respective fire conditions and fuel load of the area.
4. Identify, map and designate by town ordinance all Very High and High Fire Hazard Severity Zones in town and publish these maps every 5 years as conditions change.
5. Specify a hazard and risk assessment process to determine the lives, properties and essential infrastructure placed at increased risk of wildfire by any proposed development within Very High and High Wildfire Zones or any public infrastructure development within the town boundaries.
6. Organize and obtain grant-funding to conduct community-wide programs to restore healthy forests and reduce flammable vegetation and other fuels through ecological thinning and prescribed fire to mitigate the risk of wildfire ignition and spread on both large and small parcels both privately and publicly owned.
7. A comprehensive town-wide assessment of wildfire and evacuation hazards posed by existing utility infrastructure (gas, electric, internet, etc..) and prioritized mitigation measures.
8. A comprehensive town-wide assessment of the vulnerabilities of existing essential infrastructure (water, gas, electric, and communications (phone, internet and radio)) to disruption or failure during a fire, earthquake, or a fire subsequent to an earthquake.
9. A comprehensive analysis of evacuation capacity throughout the town’s fire ecosystem and prioritization of measures needed to improve and increase that capacity such as widening roads.
10.Develop a comprehensive program and written procedures to prepare residents within the town’s fire ecosystem for evacuation that includes:
1. Delineation of authority, responsibilities and roles for initiating and conducting any evacuation.
2. A comprehensive written plan identifying alternative evacuation strategies, procedures, roles and assigned responsibilities for notification, implementation and supervision of any evacuation, shelter and post-evacuation relief and recovery.
3. A comprehensive program of public education to inform and educate residents regarding evacuation plans, procedures, safe routes of escape with a published map, points of contact, methods of communication and annual town-wide evacuation drills.
Hazard Mitigation
1. Establish wildfire prevention and fire-safe development and construction as an overriding objective of the town’s land use, site development, subdivision, zoning and building ordinances.
2. Grant WFPD authority and jurisdiction to interpret and enforce the wildfire prevention and fire-safe development and construction standards of the town’s land use, site development, subdivision, zoning and building ordinances.
1. Require periodic WFPD property inspections.
2. Require large property owners (Mid Peninsula Open Space District, Stanford, and others owning 50 acres or more) to prepare a hazard assessment and mitigation plan for approval by WFPD.
3. Regulate the parcel size, siting, development, location and positioning of all new (non-replacement) construction based on the fire hazard severity of the proposed site. These regulations should address:
1. Minimum road width standards for concurrent access and egress
2. Minimum parcel size
3. Minimum property line setbacks
4. Minimum structure-to-structure separation
5. Maximum non-vegetative fuel load per parcel
6. Minimum defensible space standards
4. Adopt by town ordinance within all Very High Fire Hazard Severity Zones development regulations at least as stringent as the state’s minimum fire safe development standards.
5. Continually improve town ordinances for wildfire prevention.
1. Home hardening provisions of building code
2. Structure separation, fuel loading and positioning
3. Internal automatic fire sprinklers in all construction
6. Employ a Town Safety Officer to work jointly with WFPD, town staff, utility providers, developers, Firewise and neighborhood groups, emergency operations personnel, and large landowners to implement and manage wildfire prevention and emergency programs.
7. Continually encourage and facilitate proactive fire prevention initiatives.
1. Pursue public and private grant funding for wildfire prevention and safety.
2. Encourage homeowners to harden their homes particularly for ember intrusion.
3. Harden critical emergency infrastructure and equipment (including working with utility providers) .
8. Continually improve community-wide vegetation management and defensible space
1. Clean up town owned rights of way (aka evacuation routes) from fire hazards including brush and flammable trees such as Eucalyptus and Pines.
2. Clean up fire hazards within town’s open spaces and trail easements.
3. Extend defensible space requirements for steep slopes.
4. Require removal of the Flammable Five (Eucalyptus, Pine, Acacia, Juniper and Cypress) when building permits are issued for new construction or major remodels.
5. Create an enforceable mechanism for defensible space such that WFPD can perform the work and put a lien on the property for timely repayment.
9. Working with our neighbors in Palo Alto, Woodside and San Mateo County modify our road infrastructure where needed to support evacuation.