22 includes, but is not limited to, the following information: a list of all contracts with Food Recovery Organizations and Food Recovery Services, the amount and type of Edible Food donated to Food Recovery Organizations and Food Recovery Services, the schedule of Edible Food pickup by Food Recovery Organizations and Food Recovery Services, a list of all types of Edible Food categories they generate, such as “baked goods,” that are not accepted by the Food Recovery Organizations and Food Recovery Services with whom they contract, the contact information for the manager and all staff responsible for Edible Food Recovery, and certification that all staff responsible for Edible Food Recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, Tier One and Tier Two Commercial Edible Food Generators may coordinate with their Edible Food Recovery contractors to supply this information. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.
(8) Mandate their Edible Food Recovery staff learn and follow the donation guidelines and attend trainings conducted by Food Recovery Organizations or Food Recovery Services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(9) Tier One and Tier Two Commercial Edible Food Generators who self-haul Edible Food shall require those transporting Edible Food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food. (d) Nothing in this Ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
23 8.08.060. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND
SERVICES
Applicability: This Chapter shall go into effect immediately. (a) Food Recovery Services operating in the Town of Portola Valley and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food by type collected from each Tier One and Tier Two Commercial Edible Food Generator per month. (3) The quantity in pounds of Edible Food by type transported to each Food Recovery Organization or redistribution site per month. (4) The name, address, and contact information for each Food Recovery Organization or redistribution site that the Food Recovery Service transports Edible Food to for Edible Food Recovery.
(b) Food Recovery Organizations operating in the Town of Portola Valley and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, or receiving Edible Food from Food Recovery Services or from other Food Recovery Organizations, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization from which the organization collects or receives Edible Food. (2) The quantity in pounds of Edible Food by type collected or received from each Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization per month.
(3) The name, address, and contact information for other Food Recovery Organizations or redistribution sites that the Food Recovery Organization transports Edible Food to for Edible Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall inform Tier One and Tier Two Commercial Edible Food Generators from which they collect or receive Edible Food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this Ordinance.
24 (d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley and collecting or receiving Edible Food from Tier One and Tier Two Commercial Edible Food Generators or any other source shall report to the Lead Staff Person the following:
a detailed Edible Food activity report of the information collected as required under this Ordinance, including weight in pounds by type and source of Edible Food, the schedule/frequency of pickups/drop-offs of Edible Food from/to each Edible Food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support Edible Food Recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts or agreements established as required under this Ordinance. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This Edible Food activity report shall be submitted quarterly, or at the discretion of the Designee for Edible Food Recovery, less frequently, and shall cover the activity that occurred since the period of the last submission. (e) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall contact the Designee for Edible Food Recovery to discuss the requirements of this Ordinance before establishing new contracts or agreements with Tier One or Tier Two Commercial Edible Food Generators and in order to maintain existing contracts or agreements for the recovery of Edible Food with Tier One and Tier Two Commercial Edible Food Generators. (f) In order to provide the required records to the State, the Town of Portola Valley, or the Designee for Edible Food Recovery, and Tier One or Tier Two Commercial Edible Food Generators, contracts between Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley and Tier One and Tier Two Commercial Edible Food Generators shall either:
(1) Use the Model Food Recovery Agreement developed by the State of California’s Department of Resources Recycling and Recovery (CalRecycle,) and include a clause requiring the Food Recovery Organization or Food Recovery Service to report to the Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts the annual amount of Edible Food recovered and to inform them of the tax benefits available to those who donate Edible Food to non-profits (2) Or include in their contracts the following elements:
(A) List/description of allowable foods the Food Recovery Organization/Food Recovery Service will receive.
(B) List/description of foods not accepted by the Food Recovery Organization/Food Recovery Service.
25 (C) Conditions for refusal of food.
(D) Food safety requirements, training, and protocols.
(E) Transportation and storage requirements and training. (F) A protocol for informing the Tier One or Tier Two Commercial Edible Food Generators of a missed or delayed pickup.
(G) Notice that donation dumping is prohibited.
(H) Provisions to collect sufficient information to meet the record-keeping requirements of this Ordinance.
(I) Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of Edible Food.
(J) Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.
(K) Information supplying the Tier One or Tier Two Commercial Edible Food Generators with the annual amount of Edible Food recovered and informing them of the tax benefits that may be available to those who donate Edible Food to non-profits.
(L) Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for Edible Food Recovery.
(M) Food Recovery Organizations accepting self-hauling of Edible Food from Tier One and Tier Two Commercial Edible Food Generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the Edible Food to be accepted.
(g) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of Edible Food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.
26 (h) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of Edible Food recovered from Tier One and Tier Two Commercial Edible Food Generators for the duration of the transportation of the Edible Food for redistribution, including Edible Food transported by private vehicles.
(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping, Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall provide documentation that all redistribution sites which are not themselves Food Recovery Organizations to which they deliver Edible Food have a feeding or redistribution program in place to distribute, within a reasonable time, all the Edible Food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
(j) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley unable to demonstrate a positive reduction in GHG emissions for their Edible Food Recovery operational model cannot contract with Tier One and Tier Two Commercial Edible Food Generators in the Town of Portola Valley for the purpose of recovering Edible Food as defined in this Ordinance. Food Recovery Organizations and Food Recovery Services contracting to recover Edible Food from a Tier One and Tier Two Commercial Edible Food Generator for redistribution shall consult with the Town of Portola Valley’s Designee for Edible Food Recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.
(k) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall visually inspect all Edible Food recovered or received from a Tier One and Tier Two Commercial Edible Food Generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, Food Recovery Organizations and Food Recovery Services shall immediately notify the Designee for Edible Food Recovery using the process found on the County of San Mateo Office of Sustainability’s website. The notice shall include:
(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the Tier One or Tier Two Commercial Edible Food Generator which provided the food.
27 (4) The date and time the food was picked up or received. (5) A brief explanation of why the food was rejected or refused. (l) Contracts between Tier One or Tier Two Commercial Edible Food Generators and Food Recovery Organizations or Food Recovery Services shall not include any language prohibiting Tier One or Tier Two Commercial Edible Food Generators from contracting or holding agreements with multiple Food Recovery Organizations or Food Recovery Services listed on the County of San Mateo Office of Sustainability website.
(m) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to Tier One and Tier Two Commercial Edible Food Generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption. (n) Edible Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other such studies, Food Recovery Services and Food Recovery Organizations operating in the Town of Portola Valley shall provide information and consultation to the Town of Portola Valley and its Lead staff person upon request, regarding existing, or proposed new or expanded, Edible Food Recovery capacity that could be accessed by the Town of Portola Valley and its Tier One and Tier Two Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town of Portola Valley and its Lead staff person shall respond to such requests for information within 60 days.
(o) Allow the Town of Portola Valley’s enforcement entity or their Lead staff person to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the Town or the Lead staff person.
8.08.070. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS Applicability: Chapter 8.08.070(b) shall go into effect immediately. Chapter 8.08.070(a) shall become effective on July 1, 2023.
28 (a) Requirements for Haulers
(1) Exclusive Franchised Hauler and Permitted haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before July 1 or as requested for CalRecycle reporting, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostable Materials. For Exclusive Franchised Hauler provide on the frequency required in the franchise agreement, or annually if the processing facilities outlined in the agreement were to change or not meet CalRecycle requirements.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) If authorization is not otherwise contained in the operative agreements between the Jurisdiction and applicable hauler, obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Chapter 8.08.090
(Compliance with CALGreen Recycling Requirements) of this ordinance, and Jurisdiction’s C&D ordinance.
(2) Exclusive franchised hauler and Permitted haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Jurisdiction.
(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the Jurisdiction shall respond within 60 days.
29 (2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.
8.08.080. SELF-HAULER REQUIREMENTS
Applicability: Chapter 8.08.080(a) shall become effective immediately. Chapter
8.08.080(b) through (f) shall become effective July 1, 2023. (a) Self-Haulers that are Commercial Businesses shall obtain a business license from the Jurisdiction as required to do business within the Jurisdiction. (b) Self-Haulers shall source separate all Recyclable Materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
30 (d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide the records documented in 8.08.080(c) to Jurisdiction if requested and/or register with the Jurisdiction.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information outlined in 8.08.080 (c) and 8.08.080(d).
8.08.090. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS Applicability: This Chapter shall go into effect immediately. (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alternations shall comply with the requirements of this Chapter and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the Portola Valley Building Code, and the amendments as adopted. If the requirements of CALGreen are more stringent then the requirements of this Chapter, the CALGreen requirements shall apply.
Project applicants shall refer to Town’s Building Code or Municipal Code for complete CALGreen and/or other applicable requirements. (b) For projects covered by CALGreen or more stringent requirements of the Jurisdiction, the applicants must, as a condition of the Jurisdiction’s permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Gray Container and/or Green Container materials, consistent with the three- or two-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container, Gray Container and/or Green Container materials, consistent with the three-or two-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended
31 requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Jurisdiction’s C&D ordinance, Chapter 8.09 of Jurisdiction’s municipal code, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
8.08.100. PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS,
DIRECT SERVICE PROVIDERS, AND VENDORS
Applicability: This Chapter shall go into effect immediately. (a) Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction’s most current Policy concerning Environmentally Preferable Purchasing and Practices and Recycled-Content Paper procurement policy.
8.08.120. GARBAGE REGULATIONS
Applicability: This Chapter shall go into effect immediately. (a) Collection, removal and disposal only by authorized persons. (1) The Town shall authorize, permit, regulate and control the collection, removal and disposal of all refuse generated at all places or premises. For this purpose, the Town may enter into a collection agreement with one or more solid waste enterprises with or without advertising for bids. The collection agreement may be exclusive as to services specified in the agreement.
(2) No person shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any type of refuse from within the Town of Portola Valley for a fee, service charge or other consideration therefor, except if licensed or under contract by the Town to perform such services or if employed by the Town. (3) No person shall interfere in any manner with the lawful operations of the Exclusive Franchised Hauler and Permitted haulers or their duly authorized agents or subcontractors.
(4) Except as otherwise provided in this chapter, each residential householder and commercial business owner shall utilize the services of the Exclusive Franchised Hauler for the collection of refuse from the residential or commercial premises held or occupied by that owner or occupant and shall pay the fees for services as approved by the Council. No residential householder or commercial business owner shall enter into an agreement with a solid waste enterprise for the collection of refuse except as otherwise provided in this chapter.
32 (b) Frequency of refuse collection; hours
(1) The Exclusive Franchised Hauler or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within Portola Valley at least once a week, unless the director authorizes a different frequency of collection.
(2) Refuse shall be collected only between the hours of 8:00 a.m. and 5:30 p.m. (c) Refuse containers
(1) All types of refuse containers shall be kept in a sanitary condition with the lids closed except whenever they are being loaded or unloaded. (2) Refuse containers suitable for residential places or premises shall be provided by the Exclusive Franchised Hauler. Any container shall be of a size based upon the subscription service level requested by the person responsible for the payment of charges therefor or as may be required by this chapter. (3) Refuse containers shall be collected by the Exclusive Franchised Hauler whenever the containers are placed in a refuse enclosure or at the authorized collection area. Collection may be made at another location upon approval of the Town Manager or designee, based upon the subscription service level requested. (4) All commercial property owners, commercial business owners and persons shall provide access to the Town or the Exclusive Franchised Hauler for the inspection of internal and external refuse containers and enclosures. The Town Manager or designee shall be authorized to conduct inspections of commercial premises, as permitted by law, to ensure compliance with this chapter, including this section. (5) Commercial property owners, commercial business owners and persons shall ensure that all refuse containers and refuse enclosures are accessible and easily serviceable by the Exclusive Franchised Hauler. Service vehicles shall have a safe and clear passage and access to refuse enclosures to provide for the efficient service to customers.
(d) Refuse Containers—Location
Containers shall remain on private property and not in the public right-of-way except as necessary to accommodate scheduled collection. Containers are permitted in the public right-of-way only during the day preceding the day of scheduled collection and terminating the day following such collection. Containers shall not be placed in a public right-of-way so as to constitute a nuisance.
(e) Maintenance and placement of containers
The commercial business owners and residential householder shall maintain their containers at their places and premises and the areas where the containers are located in good, usable, clean and sanitary condition, and shall ensure that the lids on the container are kept closed and shall ensure that there is no litter underneath or surrounding the containers. No refuse shall be placed outside of the container, unless as prearranged
33 for collection by the Exclusive Franchised Hauler; Yard Trimming may be placed out as permitted for the Woodside Fire Protection District’s annual chipper program. Containers shall be maintained in a manner that will prevent leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed outside of retail areas, shall also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter. (f) Discarding of refuse; source separation
(1) No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any refuse upon private property either with or without the intent to later remove the same from that place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property. (2) All persons shall separate their refuse according to its characterization as solid waste, compostable materials, or recyclable materials, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse, or deposit refuse of one type in a collection container designated for refuse of another type, except as otherwise provided in this chapter. This does not prohibit the placement of refuse in public solid waste or recycling receptacles, or in containers for collection in accordance with the provisions of this chapter. This section does not prohibit any person from engaging in home composting.
(g) Contract for collection and disposal
The council may, by resolution, award a contract or franchise for the collection and disposal of solid waste to any person which the council believes qualified and equipped to perform the work. The contract may be awarded through a competitive process or by direct negotiation and may be an exclusive contract or franchise. (h) Collection of fees
The Exclusive Franchised Hauler shall have authority to charge such fees as may be determined by the council to be reasonable, and to collect such charges either in advance, or otherwise, at such times as may be fixed in the agreement with the Exclusive Franchised Hauler.
(i) Liability for payment of rates
Unless otherwise exempt, every person with residential premises or commercial premises within Portola Valley shall be liable for the payment of the refuse service rates, including any collection rates authorized by the Town.
(j) Litter, spillage or leakage of refuse
All types of refuse hauled by any person over public streets in Portola Valley shall be securely tied and covered during hauling in order to prevent litter and the leakage, spillage, blowing or dropping of refuse of any type on to public streets. No person shall allow any type of refuse to leak, spill, scatter, blow or drop from any vehicle operated on public streets within Portola Valley.
(k) No accumulation of refuse
34 No person shall permit any type of refuse to accumulate at its place or premises for a period in excess of one calendar week, except the director may authorize by written rules and regulations a different frequency of collection, removal and disposal of refuse for compactors at commercial premises. This provision shall not be construed to prohibit any person from temporarily storing building materials at any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, storing wood in an orderly pile at the place or premise for household use, or retaining compostable materials for home composting purposes.
(l) Burning, burial, or dumping of restrictions
(1) No person shall burn any refuse within Portola Valley at any time unless authorized by the Woodside Fire Protection District.
(2) No person shall bury or dump any type of refuse within Portola Valley.
Compostable materials may be buried on-site by the occupant of the residential place or premises.
(m) Hazardous waste.
No person shall deposit any hazardous waste in a container. (n) Source Separation.
(1) No person shall place any prohibited container contaminant into any collection container serviced by the Exclusive Franchised Hauler.
(2) Every person depositing solid waste for collection with the Exclusive Franchised Hauler shall source separate their solid waste and place materials in the appropriate collection containers designated by the Exclusive Franchised Hauler for collection of organic waste, recyclable materials, and remaining solid waste. (o) Special permits in hardship cases.
Upon a showing of hardship by the owner, occupant or tenant of a place or premise, the director may issue a special written permit authorizing a variance with the provisions of this chapter yet the variance will be subject to the imposition of terms and conditions as the director may deem necessary to protect the public safety and welfare. (p) Administration by Town Manager.
(1) The Town Manager or designee shall adopt written rules and regulations, not inconsistent with this chapter, as may be necessary for the proper administration and enforcement of this chapter. The written rules and regulations may include, but are not limited to, regulations relating to the required frequency of refuse collection from various types of places or premises, the types of special containers required for placement at places or premises, and regulations governing the vehicles used in making collections. (2) The Town Manager shall resolve all disputes concerning the administration or enforcement of this chapter, and his or her decision shall be final.
35 8.08.130. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION Applicability: This Chapter shall go into effect immediately. (a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Chapter 8.08.020(b) or Chapter 8.08.030(b) of this ordinance, Jurisdiction may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Chapter
8.08.030(k) of this ordinance.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment; and/or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Anonymous complaints must be in writing, shall specify the name of violator if known; the location and date of the alleged violation and shall be directed to the Town Manager or designee.
36 8.08.140. ENFORCEMENT
Applicability: This Chapter shall go into effect immediately. (a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the Town Manager or their designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official.
(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Jurisdiction Enforcement Officials and/or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Chapter 8.08.130 establishes Jurisdiction’s right to conduct Inspections and investigations.
37 (2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers, Jurisdiction, or its designee, will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within seven (7) days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container contents addressed under Chapter 8.08.140(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction’s administrative penalty ordinance (Chapter 1.12.045) and Table 1 of this ordinance. The Town may also elect at its discretion to use the County’s administrative penalty ordinance.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations
Unless otherwise specified by Town Council resolution, the penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
In the event the Town Council’s resolution and this ordinance contain different penalty amounts, the higher amount shall apply.
38 (f) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Chapter 8.08.140 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Forces of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (h) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.
39 SECTION 3. EFFECTIVE DATE
Unless otherwise specified herein, this ordinance shall become effective on the thirtieth date following adoption.
INTRODUCED on the ___ day of March, 2022.
PASSED AND ADOPTED as an ordinance of the Town of Portola Valley at a regular meeting of said Council on the _____ day of April, 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTENTIONS: Councilmembers:
ABSENT: Councilmembers:
ATTEST APPROVED
__________________________ __________________________
Sharon Hanlon, Town Clerk Craig Hughes, Mayor
APPROVED AS TO FORM
__________________________
Cara Silver, Town Attorney
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Howard Young, Public Works Director
DATE: April 13, 2022
RE: Annual Street Resurfacing Project FY 2022/2023– Surface Seals Project #2022-PW01
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt the attached resolution approving plans and specifications for the fiscal year 2022/2023 Street Resurfacing project and calling for sealed bids for this project.
2. Authorize the Town Manager to award the project to the lowest responsible bidder with a total contract and change order amount not to exceed $586,598. This would include authorization to add to (or subtract from) the project, additional work and as recommended by the Public Works Director if the allocated amount allows, in an effort to maximize paved areas and utilize the entire allocated amount.
3. Authorize the Town Manager to award any additive bid alternates within budget
4. Authorize the Town Manager to enter into and execute contracts related to construction management, inspection, testing, and support services related to the project within the amounts contained in the applicable fiscal year Town budget.
BACKGROUND
Regular and strategic maintenance of the Town’s roads is a cost-effective way to provide greater safety and usability for road users and extend the life of the roadway system. Each year the Town completes a road maintenance project that incorporates treatments as appropriate.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Annual Street Resurfacing Project Town Council 4/13/22
DISCUSSION
The preparation of construction documents for this year’s street resurfacing program is completed. This project will include extensive repair to the roadway base and apply a preventative maintenance surface seal on sections of roads as listed on Attachment 2.
Also included are additive bid alternates for additional roads. These bid alternates provide flexibility, savings, and efficiency. Bid alternates can be selected if the budget allows. Bid award will be based on the base bid amount.
The street sections selected for treatment this year were based on the Town’s Pavement Management System and field surveys conducted in 2021/2022. A copy of the Plans and Specifications are available for review at Town Hall in the office of the Town Clerk.
The following is our anticipated project schedule for this project weather dependent:
Town publicly advertises for the project: Week of April 18, 2022 Bid Opening: Week of May 9, 2022
Town Manager awards contract: July 2022
Construction window begins: July/August 2022
Construction window completed: October 2022
Additive Bid Alternates
1. Additive Bid Alternate One is an additive bid alternate for one street that may be included should costs allow (Attachment 1).
2. Additive Bid Alternate two is an additive bid alternate for one street section that may be included should costs allow (Attachment 1).
COVID-19 and Oil Pricing
This schedule, and the project, are contingent on COVID-19 developments, and may need to be modified based on new information and fiscal considerations. In addition, due to the current economic and supply shortage environment, oil pricing is fluctuating and may reflect in higher contractor bids.
FISCAL IMPACT
The estimated cost of the base bid of this street resurfacing project is $576,840 including a 10% construction contingency.
The base bid estimate cost does not include the additive bid alternates. Additive Bid Alternate One adds one additional street to the program (Attachment 2) and is estimated at $45,650. Alternate Two adds one additional street section to the program (Attachment 2) and is estimated at $86,790. The additive bid alternates or portions will only be executed if each of the projects budgets allows.
Annual Street Resurfacing Project Town Council 4/13/22
Once bids are opened and considered, staff will include the appropriate amounts and estimates in the proposed fiscal year 2022/2023 budget.
ATTACHMENTS
1. Street sections for base bid and additive bid alternates
2. Resolution
ATTACHMENT #1
2022/2023 Street Resurfacing Project Street sections
Street No. Street Approx. Begin Limit Approx. End Limt Engineers estimate with 10% contingency
1 Alpine Road Los Trancos 110' N/O Hillbrook Drive
2 Bayberry Valley Oak Cul De Sac
3 Cervantes Road Minoca Road Kiowa Court
4 Cherokee Court Cherokee Way End
5 Cherokee Way Cervantes Road Cul De Sac
6 Cima Way Corte Madera Road End
7 Deer Meadow Golden Hills Drive Cul De Sac
8 Golden Oak Drive Alhambra Court
(#255)
#125 Golden Oak Drive
9 Hillbrook Drive Pavement Change Alpine Road
10 Holden Ct Golden Oak Dr Cul De Sac
11 Montara Court Sausal Drive Cul De Sac
12 Old La Honda Skyline Boulevard Pavement Change
13 Peak Lane Cervantes Road Golden Oak Drive
14 Sausal Drive Hillbrook Drive West End
15 Valley Oak Acorn 425' SW/O Bayberry
Base Bid $ 576,840.00
No. Street Begin Limit End Limt
1 Possum Lane Westridge Drive Town Limit $ 45,650.00
No. Street Begin Limit End Limt
2 Corte Madera Road Alpine Road Portola Road $ 86,790.00
BASE BID
ADDITIVE BID ALTERNATE 1
ADDITIVE BID ALTERNATE 2
RESOLUTION NO. 2022
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF PORTOLA VALLEY
APPROVING PLANS AND SPECIFICATIONS AND
CALLING FOR BIDS FOR THE
2022/2023 STREET RESURFACING PROJECT – SURFACE SEALS
No. 2022-PW01
The Town Council of the Town of Portola Valley does RESOLVE as follows:
Section 1. The Town Council hereby approves and adopts plans and specifications for the work in the Town of Portola Valley known as the 2022/2023 Street Resurfacing Project – Surface Seals No. 2022-PW01.
Section 2. Due to public interest and convenience, the Town Council hereby orders that the work and improvements, as set forth and described in said plans and specifications, be advertised for bid and performed subject to an acceptable bid. The Town Council further orders that all of the work and improvements will be done under the direction of and to the satisfaction of the Public Works Director; and all of the work shall be done in accordance with the plans and specifications.
Section 3. Not less than the prevailing rate of per diem wages and holiday and overtime work shall be paid for any work proposed to be performed in the performance of the public work under the plans and specifications.
Section 4. The Town Clerk of the Town is hereby directed to post by two (2) successive postings in the three (3) public places that have been designated by ordinance as the places for posting public notices, there being no newspaper published in the Town, and not less than five (5) days apart, a notice inviting sealed proposals or bids for the construction of the work and improvements and referring to the plans and specifications on file in the Office of the Town Clerk, the first of which postings shall be at least ten (10) days prior to the time fixed for opening bids.
Section 5. All proposals or bids shall be accompanied by a certified check payable to the order of the Town, or cash, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to the Town, signed by a corporate surety or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The check shall be forfeited, or the bond shall become payable to the Town, if the bidder does not, after the contract has been awarded, and within the time specified in the plans and specifications, enter into a contract with the Town, in the form set forth in the specifications. The faithful performance of the contract shall be assured by an undertaking in the amount of one hundred percent (100%) of the amount so bid, with sureties satisfactory to the Town, and which shall be accompanied by a payment bond (labor and materials) in a sum not less than one hundred percent (100%) of the amount of the bid.
ATTACHMENT #2
Section 6. The sealed proposals or bids shall be delivered to the Public Works Director of the Town as stated on the Notice Inviting Bids, or other later date as directed by the Public Works Director, at the Office of the Town Clerk in the Town Hall, 765 Portola Road, in the Town, said time being not less than ten (10) days from the time of the first publication of said notice. Bids will be publicly opened, examined, and the Town Manager will take action awarding the contract or rejecting all bids not later than ninety (90) days after the expiration of the time prescribed for the receipt of bids; provided the award may be made after the expiration of the specified times, if the bidder shall not have given to the Town notice in writing of the withdrawal of such bid on proposal. The Public Works Director is authorized to add or subtract work to comply with budget requirements.
Section 7. The Town Council of the Town hereby reserves the right to reject any and all bids.
Section 8. The Town Manager is authorized to enter into and execute contracts related to construction management, inspection, testing, and support services related to the project within the amounts contained in the applicable fiscal year Town budget.
PASSED AND ADOPTED this 13
th day of April 2022.
Mayor
ATTEST:
Town Clerk
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: April 13, 2022
RE: Approval of Two Affordable Housing Agreements between the Town and Benedictine Fathers Priory Inc. governing (1) two of six apartments and (2) 102 Gambetta Lane
RECOMMENDATION
Staff recommends that the Town Council approve and authorize the Town Manager to sign the two attached Affordable Housing Agreements (Attachments 1 and 2).
BACKGROUND
Priory is governed by Conditional Use Permit (CUP) X7D-30 first approved in 1968 and last amended in 2021. The CUP governs maximum number of students, teachers, and support staff. It also governs the maximum floor area, impervious surfaces, and on-site parking space quantities for the campus. Important amendments to the CUP were approved in 2005 and 2016. An Overall Master Plan map of the campus, which was created in 2005 and last amended in 2016, visually implements the development standards as detailed in the CUP language. This map also identifies the location of structures, parking spaces, and on-site circulation paths of the campus.
DISCUSSION
In 2020, the Priory applied to amend Conditional Use Permit X7D-30 for: (1) permanent installation of two modular buildings, (2) increase in maximum number of students, teachers, and support staff, (3) clarify that the method of calculating student population is average daily attendance (ADA), and (4) increase in maximum number of on-site parking spaces for the Woodside Priory School campus located at 302 Portola Road. The Planning Commission approved the CUP amendment on December 15, 2021.
A condition of approval of the current CUP provides:
Occupancy of the new faculty and staff housing units in terms of conformity with the below market rate (BMR) housing provisions of Mitigation Measure LU-3. In particular, two of the twelve new faculty housing units shall be limited to BMR occupancy by deed restriction. One (1) deed restricted unit shall be provided with the construction of three or more new units and two (2) with the construction of six (6) or more units. Further, the annual report shall address the actual occupancy of the seven (7) faculty housing
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Approval of BMR Agreements April 13, 2022
units constructed in 2003-04 in Master Plan Zone I so as to ensure they achieve, to the extent reasonably possible, the below market rate town housing element objectives as called for in the approval of the plans for the seven units. Specifically, the objectives anticipate that at least one unit would be for a very low income household, one unit for a low income household, and three units for moderate income households.
The Priory recently constructed six new apartments and the first Affordable Housing Agreement deed restricting two of those units implements this condition. Those two units are now part of the Town’s supply of deed-restricted housing stock. In addition, the Priory has requested to demolish one existing Below Market Rate (BMR) unit at 104 Gambetta due to its dilapidated condition. The Priory has offered to replace this unit with a comparable unit at 102 Gambetta. The second agreement implements this replacement request.
Both agreements deed restrict the affordable units to low income households as defined under applicable regulations for a period of 55 years. In addition, the Priory is required to monitor and report on compliance with these agreements on an annual basis in connection with the CUP monitoring report.
FISCAL IMPACT
There is no fiscal impact associated with these agreements. Monitoring of the agreements will be accomplished in conjunction with the Annual Reporting on the CUP.
ENVIRONMENTAL REVIEW
This project has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15314, which exempts minor additions within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less.
ATTACHMENT
1. Housing Agreement for two units in new six-unit development
2. Housing Agreement for 102 Gambetta
This document is exempt from a recording fee pursuant to Government Code Sections 6103 and 27383.
REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
Attention: Town Clerk
(APN 079-071-lO0)AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT (this "Agreement"), dated as of April 14, 2022 (the "Date of Agreement"), is entered by and between the TOWN OF PORTOLA VALLEY, a California municipal corporation (the "Town"), and Benedictine Fathers Priory Inc., a California public benefit corporation, aka the Woodside Priory (the "Owner").
RECITALS
A. Owner is the owner of an approximately fifty (50) acres on Alpine Road, Portola Valley, California (the "Property"). The Property is further described in the Legal Description attached hereto as Exhibit "A" and incorporated herein.
B. Owner intends to construct and operate a six (6) unit townhouse project on the Property (the "Project"), with two of such units restricted for occupancy by lower income households (the "Affordable Units").
C. Pursuant to Condition no. 9(c) of Conditional Use Permit Amendment X7D-30, Owner is required to limit two units in the Project "to BMR occupancy by deed restriction." D. The execution and recordation of this Agreement as an encumbrance to the Property is intended to satisfy Condition no. 9( c) of Conditional Use Permit Amendment X7D30.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS.
"Affordability Period" means the period commencing on the date on which this Agreement is recorded in the Official Records of the County of San Mateo, California and ending fifty-five (55) years from the date the Town issues a Certificate of Occupancy for the Project.
1 ATTACHMENT #1
"Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by tenants of the Affordable Units. Affordable Rent for Lower Income Households shall be 30% x 60% of AMI for a household size appropriate to the unit. Household size appropriate to the unit shall be two persons for a one bedroom unit.
"Affordable Unit" is defined in Section 2.01.
"Agreement" is defined in the initial paragraph of this Agreement. "AMI" means the median family income ( adjusted for household size) for San Mateo County promulgated and published annually by HCD pursuant to Title 25, Section 6932 of the California Code of Regulations. If HCD ceases to annually publish median incomes, the Parties shall agree upon an adequate substitute manner for determining AMI. "Certificate of Occupancy" means the final certificate of occupancy issued by the Town for the completion of construction of the Project.
"Date of Agreement" is defined in the initial paragraph of this Agreement. "Default" is defined in Section 6.01 of this Agreement. "HCD" means the California Department of Housing and Community Development. "Lower Income Household" means a person or household with an income which does not exceed the lower income limits applicable to San Mateo County, as published and periodically updated by HCD pursuant to Section 50079.5 of the California Health and Safety Code, or successor statute.
Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Owner which are required of all tenants, other than security deposits, ( c) a reasonable allowance for an adequate level of service of utilities not included in ( a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, and ( d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Owner. In the event that all utility charges are paid by the Owner rather than the tenant, no utility allowance shall be deducted from the rent. "Notice" means a notice in the form prescribed by Section 12.01 of this Agreement. "Owner" is defined in the initial paragraph of this Agreement.. "Parties" means jointly, Town and Owner. Town and Owner are each a "Party." "Project" is defined in Recital B of this Agreement..
"Property" is defined in Recital A of this Agreement.
2
"Town" is defined in the initial paragraph of this Agreement.
SECTION 2. AFFORDABLE UNITS.
Owner shall provide for the Affordable Units as follows:
2.01 Provision of Affordable Units. Owner shall make available, restrict occupancy to, and rent two (2) of the units in the Project to Lower Income Households at an Affordable Rent throughout the Affordability Period ("Affordable Units"). Owner may restrict the maximum income level and rents of tenants of any of the Affordable Units to lower levels than the foregoing. The location of the Affordable Units within the Project may be changed from time to time in the discretion of the Owner.
2.02 Selection of Tenants. Owner shall be responsible for the selection of tenants for the Affordable Units from Owner's workforce in compliance with all lawful and reasonable criteria and fair housing laws. The Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective tenants.
2.03 Occupancy By Lower Income Household Tenants. An Affordable Unit occupied by a Lower Income Household who qualified as a Lower Income Household at the commencement of the occupancy shall be treated as occupied by a Lower Income Household until a recertification of such tenant's income in accordance with Section 2.04 below demonstrates that such tenant no longer qualifies as a Lower Income Household and a reasonable transition to obtain alternative housing has expired. An Affordable Unit previously occupied by a Lower Income Household and then vacated shall be considered occupied by a Lower Income Household until the Affordable Unit is reoccupied, provided Owner uses its best efforts to release the vacant Affordable Unit to another Lower Income Household. Any vacated Affordable Unit shall be held vacant until re-leased to a Lower Income Household.
2.04 Initial Income Computation and Certification. Prior to a tenant's occupancy of an Affordable Unit, Owner shall obtain an income computation and certification from the proposed tenant. Copies of tenant income certifications shall be available to Town upon request. Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five (5) years.
2.05 Annual Income Recertification. Owner shall annually recertify the income of each Lower Income Household tenant by obtaining a completed income computation and certification from the tenant. Copies of annual tenant income recertifications shall be available to Town upon request. Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five (5) years. 3
2.06 Increase in Tenant Income. If, after renting an Affordable Unit, the tenant's household income increases above the income level permitted for a Lower Income Household, that household may be permitted to remain in the Unit for a reasonable transition period.
2.07 Reporting to the Town. During the term of this Agreement, and following the date Town issues a Certificate of Occupancy for the Project, Owner shall pursuant to its annual reporting requirements set forth in Conditional Use Permit Amendment X7D-30, advise Town of the occupancy of the Affordable Units during the preceding calendar year stating whether the Affordable Units of the Project have been rented to and are occupied by Lower Income Households.
2.08 Monitoring and Record Keeping. Representatives of Town shall be entitled, upon not less than forty-eight ( 48) hours' notice, to inspect the records of the Property with respect to tenant income and rents paid, and to conduct an independent audit or inspection of such records, in order to monitor compliance with this Agreement. Owner agrees to cooperate with Town in making such records available for such inspection or audit. Owner agrees to maintain records in a businesslike manner, and to maintain copies of original tenant certifications for five (5) years.
2.09 Remedy For Violation of Rental Requirements. It shall constitute a default for Owner to charge or accept for any Affordable Unit rent amounts in excess of the amount provided for in Section 3.01 of this Agreement. In the event that Owner charges or receives such higher rental amounts, Owner shall be required to reimburse the tenant that occupied such Affordable Unit at the time the excess rent was received for the entire amount of such excess rent received, provided that such tenant can be found following reasonable inquiry.
2.10 Residential Use. None of the Affordable Units in the Project will at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park.
2.11 Maintenance. Owner shall maintain the Affordable Units in a decent, safe and sanitary manner, free of debris, waste and graffiti, in compliance with all applicable provisions of the Town Municipal Code, and in accordance with the custom and practice generally applicable to comparable high quality, well managed townhomes.
SECTION 3. NONDISCRIMINATION.
Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person, or group of persons on any basis set forth in Section 12955 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, or any part thereof, nor shall Owner, or any person claiming under or through Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sub lessees, or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land.
4
SECTION 4. TOWN IS BENEFICIARY OF REGULATORY AGREEMENT.
Town is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, without regard to whether Town has been, remains or is an owner of any land or interest therein in the Property or in the Project. Town shall have the right, if this Agreement or any of the covenants herein are breached, to exercise all rights and remedies as set forth in Section 6 hereof. The covenants contained in this Agreement shall remain in effect until the expiration of the Affordability Period, except that the covenants regarding discrimination as set forth in Section 3 shall remain in effect in perpetuity.
SECTION 5. ASSIGNMENT.
5.01 Transfers. This Agreement constitutes a covenant and legal restriction on the Property and shall run with the land during the course of the affordability period. Owner may transfer ownership of the Property and/or the Project to any person or entity in Owner's sole discretion, and the consent or approval of Town shall not be required for any such transfers.
Owner shall enter into an agreement for the assignment and assumption of this Agreement with any such transferee of the Property and/or the Project.
5.02 Release of Owner. Upon any such transfer made in compliance with Section 5.01 above which is evidenced by a written assignment and assumption agreement, Owner shall be released from any liability under this Agreement arising from and after the date of such assignment.
SECTION 6. DEFAULTS AND REMEDIES.
6.01 Default. Failure by either Party to perform any action or covenant required by this Agreement within the time periods provided herein and therein following Notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A Party claiming a Default shall give written Notice of Default to the other Party specifying such Default. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other Party, and the-other Party shall not be in Default if such party within thirty (30) days from receipt of such Notice, cures, corrects or remedies such failure or delay, or if such Default cannot reasonably be cured within thirty (30) days, such Party commences such cure within thirty (30) days of receipt of such Notice and thereafter diligently prosecutes such cure to completion.
6.02 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.
6.03 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and 5
maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
6.04 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles.
SECTION 7. GENERAL PROVISIONS.
7.01 Notices, Demands and Communications Between the Parties. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Agreement from one Party to another (collectively, "Notices") may be personally delivered, delivered by reputable courier that provides a receipt with the date and time of delivery, or deposited with the United States Postal Service for mailing, postage prepaid, to the address of the other Party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery, delivery by courier, or, if mailed, on the second day following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows:
Ifto Town:
With a copy to:
Ifto Owner:
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
Attention: Town Manager
Town Attorney
Woodside Priory
302 Portola Rd
Portola Valley, CA 94028
Attn: Patrick Ruff, Head of School
7.02 No Third Party Rights. With the exception of the Town, the Parties intend that no rights or remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
7.03 Town Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by Town, the Town Manager is authorized to act on behalf of Town unless this Agreement specifically provides otherwise or the context should require otherwise.
7.04 Countemarts. This Agreement may be signed in multiple counterparts which, when signed by all Parties, shall constitute a binding agreement. 7 .05 Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. Each Party is entering this Agreement based solely upon the representations set forth herein and upon each Party's own independent investigation of any and all facts such party deems material. This Agreement constitutes the entire understanding and agreement of the Parties, notwithstanding any previous 6
negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
7.06 Attorneys' Fees. In any action between the Parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with, any of the terms or provisions of this Agreement, the prevailing Party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs, expenses including, without limitation, litigation costs, reasonable attorneys' fees, and expert witness fees.
7.07 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of this Agreement or of any of its terms.
Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise.
7.08 Interpretation. As used in this Agreement, masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both Parties.
7.09 No Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of Owner and Town. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 7 .10 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party.
7 .11 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
7 .12 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
7 .13 Legal Advice. Each Party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly 7
chosen not to consult legal counsel as to the matters set forth in this Agreement, and they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
7 .14 Time of Essence. Time is expressly made of the essence with respect to the performance by Town and Owner of each and every obligation and condition of this Agreement. 7 .15 Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sigri any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.
[Signatures on Following Page]
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Date of Agreement.
9 TOWN:
TOWN OF PORTOLA VALLEY,
a California municipal corporation
By: ___________ _
Jeremy Dennis, Town Manager
Attest:
By: ___________ _
Town Clerk
Approved as to Form:
By: ____________ _
Cara Silver, Town Attorney
OWNER:
BENEDICTINE FATHERS PRIORY INC.
By: �J,
Patrick Ruff, Head of School
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of , le\ "' ty'}c\. +-e...o )
)
On Apr," I ol f �QJ- , before me,t:1�,:w j\11,lwtl A,y ·l,_� Vob fJJ,t (insert name and title of the officer)
Notary Public, personally appeared ?0\-\-1", c.,,k R,"' P-8:
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
10 Signature,Jn.J.,,f_ _J~~ p
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____ _
)
)
On -----------·
, before me, --------------�
(insert name and title of the officer)
Notary Public, personally appeared--------------------� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ _ (Seal)
11
EXIDBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All of that certain real property located in the Town of Portola Valley, County of San Mateo, State of California, described as follows:
LEGAL DESCRIPTION
Order Number. 4102-3915502
Pa.QI;! �umber. 13.
Real property in the Town of Portola Valley; County of San Mateo; State of California, described as follows:
PARCEL l:
Tt-lAT CERTAIN GRANT DEED FILED FOR RECORD ON MAY 6, 1969 AS DOCUMENT NO. 33797AC,IN VOLUME 5635 AT PAGE53 OFOFFICIALRECORDS, SAN MATEO COUNTY; Tt-lATCERTAIN GRANT DEED FILED FOR RECORD ON OCTOBER 30, 1973 AS DOCUMENT NO. 87381AG, IN VOLUME 6495 AT PAGE i OF OFFICIAL RECORDS, SAN MATEO COUNTY; AND ALL OFTt-lE LANDS DESCRIBED IN THE FOLLOWING DOCUMENTS:
THAT CERTAIN GRANT DEED FILED FOR RECORD ON 1ANIJARY 21; 1965 .
AS DOCUMENT NO.
8741Y, IN VOLUME 4881 AT PAGE 73 OF OFFICIAL RECORDS, SAN MATI:O COUNTY; THAT CERTAIN GRANT DEED FILED FOR RECORD ON AUGUST 12, 1970 AS DOCUMENT NO. 38727AD, IN VOLUME 5818 AT PAGE430 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THAT CERTAIN GRANT DEED FILED FOR REC:QRD ON OCTOBER 24, 1956 AS DOCUMENT NO, 98313N, IN VOLUME .3116 AT PAGE, 385 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THAT CERTAIN GRANT DEED FILED FOR RECORD ON DECEMBER 22, 1976.AS DOCUMENT NO. 61771AK, IN VOLUME 7335 AT PAG� 117 OF OFFICIAL RECORDS, SAN MATEO COUNTY;
THAT CERTAIN JUDGMENTOF PRELIMINARY DISTRIBUTION FILED FOR RECORD ON AUGUST 13, 1987 AS DOCUMENT NO. 87177790 OF OFFICIAL RECORDS, SAN MATEO COUNTY, .�ND ALL .OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTI-iERLY CORNER OF THE LANDS DESC:RIBED IN SAID [)OCUMENT NO. 87177790; THENCE ALONG THE SOUTHWESTERLY UNEOF SAID LANDS ANDTHE SOUTHERLY LINE OF THE.LANDS DESCRIBED IN SAID DOCUMENT NO. 98313N, NORTH 48.0 10' 31" WEST, 411.14 FEET TO THE EASTERLY CORNER OFTHE LANDS DESCRIBED IN SAID DOCUMENT NO. 38727AD; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LANDS Tl-IE FOLLOWING THREE COURSES:
l)SOUTH 37° 21' 41" WEST, 283.20 FEET;
2) NORTH 83° 48' 19'' WEST, 146.56 FEET;
3) NORTH 72° 40' 19" WEST, 46.27 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE. RIGHT FROM Wl·tIC:tf POINT A RADIALUNE BEARS NORTH 06° 13' 05" EAST;
THENCE CONTINUING ALONG SAID SOUTHERLY UNE AND ALONG THE SOUTHERLY UNE OF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 98313N, ALONG SAID CURVE HAVING A RADIUS OF 765.00 FEET,, THROUGH A CENTRAL ANGLE OF 32° 34' 24", AN ARC LENGfH OF 434.91 FEET; THENCE CONTINUI.NGALONG SAlD SOUTHERLY UNE NORTH !>1° 12' 3'1" WEST� 294.1f3 FEET TQ THE MOST WESTERLY CORNER OF SAID LANDS;: THENCE ALONG THE WESTERLY LINE OF SAID LANDS NOR.TH 42° OS" 29" EAST, 550.23 FEET TO THE MOST SOUTHERLY CORNER OF THE LANDS DESCRIBED IN SAID DOCUMENT NO .. 87381AG; THENCE ALONG.THE SOUTHWESTERLY UNE OF SAID LANDS NORTH 54° 37' 31" WEST, 430.57 FEET TO THE MOST SOUTHERLY CORNER OF THE LANDS DESCRIBl:D IN THAT CERTAIN QUITCLAIM DEED FILED FOR RECORD ON OCTOBER 23, 1979 AS DOCUMENT NO. 7631iAQ IN rlrst American T,t/e
-12-
.
Order Number: 4102�3915502
Page Number: 14
VOLUME 7906 AT PAGE 1840 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THENCE ALONG THE EASTERLY UNE OF THE LANDS DESCRIBED IN $AID DOCUMENT �ORTH 11 ° 28' 29" EAST,
80.09 FEET TO THE B.EGINNING OF A TANGENT CURVE TO THE. LEFT; THENCE CONTINUING ALONGSAID EA.STERLYLINE ANDALONG THE EASTERLY.LINE OF THE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FILED FOR RECORD ON OCTOBER.23, 1979 AS DOCUMENT NO; 76310AO;IN VOLUME 7906 AT PAGE 1835 OF OFACIALRECORDSi SAN MATEO COUNlY, ALONG SAID ClJRVE HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 37° 45'00",AN ARC.LENGTH OFHS.60 FEET; THENCfCbtmNUINGALONGSAID EASTERLY UNE NORTH 26° 16' 3111 WEST, 159 ;78 f.1:ET TO THE f3EGINNING OF A TANGENT ClJRVE TO WE LEFT; THENCE CONTINUING ALONG SAID EASTERLY LJNE, ALONG SAID CURVE HAVING A RADIUS OF 101.00 FEET, THROUGHA CENTRAL ANGLE OF 439 37' 43'', AN ARC LENGTH OF
76.91 FEET TO.A POINT ON THE NORTHWESTE
RLY UNE OF THELANDS DESCRIBED INSAID
QOCUMENT NO. :33797AC; THENCE ALONG SAIQ NORTHWESTERLY LINE NORTH 21° 48' 29'' EAST; 30L51 FEET TO THE WESTERLY CORN!=R OF THE LANDS DESCRIBED IN THAT CERTAIN GRANT .DEED FILED. FOR RECORD ON OCTOBER 25, 1978 AS DOCUMENT NO. 31082AN, IN VOLUME 7791 AT PAGE 2084 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THENCE ALONG THE BOUNDARY OF SAID LANDS THE FOLLOWING ffiREE .COURSES:
1)SOUTH 68° 11' 3.1" EA5T, 47.00 FEET
2) NORTH 21° 48' 291f EAST,25.0Q FEET
3) NORTH 68° 11' 31"WEST, 47.00 FEETTOA POINT ON THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 8741Y;
THENCE ALONG SAID SOUTHWE$TERL'( UN(N0RTH 79° 46' 3t" WEST, 10.21 FEET TO DIE MOST WESTERLY CORNER OF SAID LANDS;- THENCE Al.ONG THE WESTERLY LINE OF SAID LANDS NORTH 21 ° 48' 29" EAST, 20.42 FEET TO ffiE NORTHWESTERLY CORNER OF SAID LANDS; THENCE ALONG THE NORTI-fERLY AND NORTHEASTERLY UNES OF SAID LANDS: THE FOLLOWING THREE COURSES:
l)SOUTH 79° 46' 31" EAST� 381.66 FEET
2) NORTH SQ<? 4'f 59" EAST, 14933 FEET
3)SOUTH 45° 01' 31" EAST, 793.42 FEET TO THE MOST EASTERLY CORNER OF SAID LANDS; THENCE ALONG THE SOUTHERLY LJ:NE CJF SAID LANDS SOUTH 50° 35' 27" WEST, 118.92 FEET TO Tl-!E MQST NORTHERLY CORNER Of= THE LANDS DESCRIBEP,JN SAID DOCUMENT NO. 61771AK; THENCE ALONG THE NORTHEASTERLY UNE OF SAID l.ANDS.'THE FOLLOWINGTHREE COURSES:
l)SO_UTH 40° 52' 21" EAST, "347.09 FEET
2) SOUTH 65° 35' 28" EAST, 292.14 FEET
3) SOUTH 5.7° 56' 06" EAST, 398.60 FEET TO THE MOST EASTERLY CORNER OF SAID LANDS; THENCE ALONGn:tESOUTHERLY LINE OFSAID LANDS SOUTH 41Q 28' 11" WEST, 238.61 FEET; THENCE ALONG !HE SOUTHWESTERL'r' Ll'.NE OF SAID LANDS NORTH 41° 35' 31." WEST, 112.17 FEET TO JI-IE EASTERLY CORNER OF THE LANDS DESCRIBEDJN SAID DOCUMENT NO. 87177790; THENCEALONG THE SQUTHEASTERLYUNE OF SAID LANDS SOUTH 41° 49' 29" WEST, 294,13 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERL YUNE SOUTH 48q 10' 31'' EAST, 125.00 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY L1NE SOUTH 41° 49' 29'' WEST, 260.34 FEET TO TiiE J>OINTOF BEGINNING.
THE ABOVE ,LEGAL DESCRIPTION IS PURSUANT TO THAT NOTICE OF MERGER RECORDED MAY 4, 200,6 AS INSTRUMENT NO. 2006:--067007 OFFICIAL RECORDS.
PARCEL2:
BEGINNINC3 AT A POINTON THE NORTHEASTERLY LIN!; OFTHEQOUNTY ROAD LEADING FROM First Ainerfcan Title
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Order Ni.u:nber: .4102-3915502
Page Number: 15
SEARSVILLE TO THE MARTINEZ RANCH, COMMONLY KNOWN .AS THEPORTOLA ROAD, AT THE MOST SOUTHER.LY �ORNER OF LOT l, AS SHOWN ON THE MAP 0.F THE PARTITION OF THE ESTATE OF MARIA.IGNACIO MAR.11NEz: DE MI�MONTES, ALED' FOR RECORD AP R
.IL 13, 1896
IN BOOK ''A" OF MAPS ATPAGE 74 AND.A COPY ENTERED IN B001< 2 OF MAPSAT PAGE 77, RECORDS OF SAN MAJEO.COUNTY, CALIFORNIA; RUNNING THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 41° 15' EAST 541.20 FEET; TI-tENCE SOUTI-148° 30' EAST 873.18 FEETTO AN ANGLE POINT ON THE NORTHEASTERLY LINE OF SAID ROAD; TI-tENCE ALONG SAID LINE� NORTH 67° 00' WEST 80.52 FEET; SOUTH 66° 30' WEST 700.26 FEET; NQRTH, 69° 45' WEST 3 5.64 FEET ANO l'-JORTH 52° 00' WEST 278 .52 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYEDTO THE COUNTY OF SAN MATEO FOR THE WIDENil'JG OF PORTOLA ROAD, BY DEED D_A TED APRIL 20, · 1951 AND RECORDED OCTOBER 19, 1951 IN BOOK 2145 QF OFACIAL RECORDS AT PAGE 374 (ALE NO. 66471-J), RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED to MITZI S. BRIGGS, AN UNMARRIEDWOMAN; BY DEEDQATED APRIL 26, 1963 AND RECORDED MAY 6, 1963 IN BOOK 4450 OFOFFICIAL RECORDS AT PAGE 49 (ALE NO; 8�485-V), RECORDS OF SAN MATEO
COUNTY, CALIFORNIA AND DESCRIBED IN THATCERTAIN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 21, 2010 ASINSTRUMENT NO. 2010-108938.
PARCU3:
PARCEL A, AS SHOWN ON THAT CERTAIN.MAP ENTITLED, "PARCEL MAP .LANDS OF
BENEDICTINE FATHERSOFTHEWOODSIDE PRIORY, TOWN OF PORTOLAVALLEY, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE Of THE COUNJY RECORDER OF SAN MATEO COUNTY, STATE OFCALIFORNIA ON DECEMBER 7� 2000 IN BOOK 73 OF PARCEL MAPS AT PAGE$ 30AND3L
APN: 079-053-050 (Affects: Portion of Parcel 1);
079-053-'130 (Affects: Portion of Parcel 1);
079-'0SJ-329 (Affects: Port:jon of Parcel 1);
079-053-390 (Affects: Portion of Parcel .1);
079-'0.53-400 (Affects: Portion of Parcel 1);
079-:0.53-420 (Affects: Portion of Parcel 1);
079-'07HOO (Affects: Portion of Parcel 1);
079-053-140 (Affects: Parcel 2) and
079-'220-040 (Affect.s: Parcel 3)
JPN:
079-,005-053-03A (Affects: Portion of Parcel 1);
079-005-053;.04A (AffeGts: Porth:>n of Parcel.1);
079-005-'053-05A (Affects: Portion Of Parcel .. 1);
079-005-"053-09A {Affects: Portion of Parcel 1);-
079-005--053-BA {Affects: P-0rtion of Parcell);
079�
005
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05H8A{Affects: Portion of Parcel 1);
_079-007-071-lOA (Affects: Portion qf Parcel 1);
079-'005-,Q53-14A (Affects: Parcel 2);
.079-005-053-09.01 (Affect'.$: Port!Qn of Parcel 3).and 079-'007--071-09.01 (Affects: Portion of Parcel 3)
First American Title
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Page Number; ::02-3915502
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This document is exempt from a recording fee
pursuant to Government Code§§ 6103 and 27383.
REQUESTED BY
AND WHEN RECORDED MAIL TO:
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
Attention: Town Clerk
AFFORDABLE HOUSING AGREEMENT
APN: 079-071-100
This AFFORDABLE HOUSING AGREEMENT (this "Agreement"), dated as of April 14, 2022 (the "Date of Agreement"), is entered by and between the TOWN OF PORTOLA VALLEY, a California municipal corporation (the "Town"), and Benedictine Fathers Priory Inc., a California public benefit corporation, aka the Woodside Priory (the "Owner").
RECITALS
A. Owner is the owner of an approximately fifty (50) acres on Alpine Road, Portola Valley, California (the "Property"). The Property is further described in the Legal Description attached hereto as Exhibit "A" and incorporated herein.
B. The Revised Initial Study/ Mitigated Negative Declaration for Amendment of Conditional Use Permit X7D-30 dated December 21, 2004 makes reference to a deed restriction unit created with Subdivision X6D-180 (page 65). Neither Town nor Owner can locate the recorded deed restriction ("Original Deed Restriction"), however Owner has treated that certain unit located at 104 Gambetta Lane on the Property as deed restricted for below market rate occupancy ("Original BMR Unit") and has reported its occupancy to the Town as part of its annual reporting requirements set forth in Conditional Use Permit Amendment X7D-30.
C. Owner now intends to demolish the Original BMR Unit which is no longer habitable and, in its place, proposes to restrict another similar unit on the Property commonly known as 102 Gambetta Lane for below market occupancy.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS.
"Affordability Period" means the period commencing on the date on which this Agreement is recorded in the Official Records of the County of San Mateo, California and ending fifty-five (55) years from the date the Town issues a Demolition Permit for the Original BMR Unit.
1 ATTACHMENT #2
"Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by tenants of the Affordable Unit. Affordable Rent for Lower Income Households shall be 30% x 60% of AMI for a household size appropriate to the unit. Household size appropriate to the unit shall be two persons for a one bedroom unit.
"Affordable Unit" is defined in Section 2.01.
"Agreement" is defined in the initial paragraph of this Agreement. "AMI" means the median family income ( adjusted for household size) for San Mateo County promulgated and published annually by HCD pursuant to Title 25, Section 6932 of the California Code of Regulations. If HCD ceases to annually publish median incomes, the Parties shall agree upon an adequate substitute manner for determining AMI. "Date of Agreement" is defined in the initial paragraph of this Agreement. "Default" is defined in Section 6.01 of this Agreement. "Demolition Permit" means the demolition permit issued by the Town for 104 Gambetta Lane.
"HCD" means the California Department of Housing and Community Development. "Lower Income Household" means a person or household with an income which does not exceed the lower income limits applicable to San Mateo County, as published and periodically updated by HCD pursuant to Section 50079.5 of the California Health and Safety Code, or successor statute.
Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Owner which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, and ( d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Owner. In the event that all utility charges are paid by the Owner rather than the tenant, no utility allowance shall be deducted from the rent. "Notice" means a notice in the form prescribed by Section 12.01 of this Agreement. "Owner" is defined in the initial paragraph of this Agreement.. "Parties" means jointly, Town and Owner. Town and Owner are each a "Party." "Property" is defined in Recital A of this Agreement.
2
"Town" is defined in the initial paragraph of this Agreement.
SECTION 2. AFFORDABLE UNIT.
Owner shall provide for the Affordable Unit as follows:
2.01 Provision of Affordable Unit. Owner shall make available, restrict occupancy to, and rent the unit located at 102 Gambetta Lane to Lower Income Households at an Affordable Rent throughout the Affordability Period ("Affordable Unit"). Owner may restrict the maximum income level and rents of tenants of the Affordable Unit to lower levels than the foregoing. The location of the Affordable Unit may be changed from time to time upon the written approval of the Town Manager, which approval shall not be unreasonably withheld.
2.02 Selection of Tenants. Owner shall be responsible for the selection of tenants for the Affordable Unit from Owner's workforce in compliance with all lawful and reasonable criteria and fair housing laws. The Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Affordable Unit which have the effect of precluding occupancy of the Affordable Unit by such prospective tenants.
2.03 Occupancy By Lower Income Household Tenants. An Affordable Unit occupied by a Lower Income Household who qualified as a Lower Income Household at the commencement of the occupancy shall be treated as occupied by a Lower Income Household until a recertification of such tenant's income in accordance with Section 2.04 below demonstrates that such tenant no longer qualifies as a Lower Income Household and a reasonable transition to obtain alternative housing has expired. An Affordable Unit previously occupied by a Lower Income Household and then vacated shall be considered occupied by a Lower Income Household until the Affordable Unit is reoccupied, provided Owner uses its best efforts to release the vacant Affordable Unit to another Lower Income Household. Any vacated Affordable Unit shall be held vacant until re-leased to a Lower Income Household.
2.04 Initial Income Computation and Certification. Prior to a tenant's occupancy of an Affordable Unit, Owner shall obtain an income computation and certification from the proposed tenant. Copies of tenant income certifications shall be available to Town upon request. Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five ( 5) years.
2.05 Annual Income Recertification. Owner shall annually recertify the income of the Lower Income Household tenant by obtaining a completed income computation and certification from the tenant. Copies of annual tenant income recertifications shall be available to Town upon request. Owner shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five (5) years. 3
2.06 Increase in Tenant Income. If, after renting an Affordable Unit, the tenant's household income increases above the income level permitted for a Lower Income Household, that household may be permitted to remain in the Unit for a reasonable transition period.
2.07 Reporting to the Town. During the term of this Agreement, and following the date Town issues a Demolition Permit, Owner shall pursuant to its annual reporting requirements set forth in Conditional Use Permit Amendment X7D-30, advise Town of the occupancy of the Affordable Unit during the preceding calendar year stating whether the Affordable Unit has been rented to and is occupied by a Lower Income Household.
2.08 Monitoring and Record Keeping. Representatives of Town shall be entitled, upon not less than forty-eight (48) hours' notice, to inspect the records of the Property with respect to tenant income and rents paid, and to conduct an independent audit or inspection of such records, in order to monitor compliance with this Agreement. Owner agrees to cooperate with Town in making such records available for such inspection or audit. Owner agrees to maintain records in a businesslike manner, and to maintain copies of original tenant certifications for five (5) years.
2.09 Remedy For Violation of Rental Requirements. It shall constitute a default for Owner to charge or accept for any Affordable Unit rent amounts in excess of the amount provided for in Section 3.01 of this Agreement. In the event that Owner charges or receives such higher rental amounts, Owner shall be required to reimburse the tenant that occupied such Affordable Unit at the time the excess rent was received for the entire amount of such excess rent received, provided that such tenant can be found following reasonable inquiry.
2.10 Residential Use. The Affordable Unit shall not at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park.
2.11 Maintenance. Owner shall maintain the Affordable Unit in a decent, safe and sanitary manner, free of debris, waste and graffiti, in compliance with all applicable provisions of the Town Municipal Code.
SECTION 3. NONDISCRIMINATION.
Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person, or group of persons on any basis set forth in Section 12955 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, or any part thereof, nor shall Owner, or any person claiming under or through Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sub lessees, or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land.
SECTION 4. TOWN IS BENEFICIARY OF REGULATORY AGREEMENT. 4
Town is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, without regard to whether Town has been, remains or is an owner of any land or interest therein in the Property. Town shall have the right, if this Agreement or any of the covenants herein are breached, to exercise all rights and remedies as set forth in Section 6 hereof. The covenants contained in this Agreement shall remain in effect until the expiration of the Affordability Period, except that the covenants regarding discrimination as set forth in Section 3 shall remain in effect in perpetuity.
SECTION 5. ASSIGNMENT.
5.01 Transfers. This Agreement constitutes a covenant and legal restriction on the Property and shall run with the land during the course of the affordability period. Owner may transfer ownership of the Property to any person or entity in Owner's sole discretion, and the consent or approval of Town shall not be required for any such transfers. Owner shall enter into an agreement for the assignment and assumption of this Agreement with any such transferee of the Property.
5.02 Release of Owner. Upon any such transfer made in compliance with Section 5.01 above which is evidenced by a written assignment and assumption agreement, Owner shall be released from any liability under this Agreement arising from and after the date of such assignment.
SECTION 6. DEFAULTS AND REMEDIES.
6.01 Default. Failure by either Party to perform any action or covenant required by this Agreement within the time periods provided herein and therein following Notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A Party claiming a Default shall give written Notice of Default to the other Party specifying such Default. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other Party, and the other Party shall not be in Default if such party within thirty (30) days from receipt of such Notice, cures, corrects or remedies such failure or delay, or if such Default cannot reasonably be cured within thirty (30) days, such Party commences such cure within thirty (30) days of receipt of such Notice and thereafter diligently prosecutes such cure to completion.
6.02 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.
6.03 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
5
6.04 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles.
SECTION 7. GENERAL PROVISIONS.
7.01 Notices, Demands and Communications Between the Parties. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Agreement from one Party to another (collectively, "Notices") may be personally delivered, delivered by reputable courier that provides a receipt with the date and time of delivery, or deposited with the United States Postal Service for mailing, postage prepaid, to the address of the other Party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery, delivery by courier, or, if mailed, on the second day following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows:
Ifto Town:
With a copy to:
Ifto Owner:
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
Attention: Town Manager
Town Attorney
Woodside Priory
302 Portola Rd
Portola Valley, CA 94028
Attn: Patrick Ruff, Head of School
7.02 No Third Party Rights. With the exception of the Town, the Parties intend that no rights or remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
7.03 Town Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by Town, the Town Manager is authorized to act on behalf of Town unless this Agreement specifically provides otherwise or the context should require otherwise. 7 .04 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all Parties, shall constitute a binding agreement.
7.05 Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. Each Party is entering this Agreement based solely upon the representations set forth herein and upon each Party's own independent investigation of any and all facts such party deems material. This Agreement constitutes the entire understanding and agreement of the Parties, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
6
7.06 Attorneys' Fees. In any action between the Parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with, any of the terms or provisions of this Agreement, the prevailing Party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs, expenses including, without limitation, litigation costs, reasonable attorneys' fees, and expert witness fees.
7.07 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of this Agreement or of any of its terms.
Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise.
7.08 Interpretation. As used in this Agreement, masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both Parties.
7.09 No Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of Owner and Town. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 7 .10 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party.
7.11 Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
7.12 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
7 .13 Legal Advice. Each Party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement, and they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or 7
attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
7 .14 Time of Essence. Time is expressly made of the essence with respect to the performance by Town and Owner of each and every obligation and condition of this Agreement. 7 .15 Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements.
[Signatures on Following Page]
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Date of Agreement.
9 TOWN:
TOWN OF PORTOLA VALLEY,
a California municipal corporation
By: ____________ _
Jeremy Dennis, Town Manager
Attest:
By: ____________ _
Town Clerk
Approved as to Form:
By: ____________ _
Cara Silver, Town Attorney
OWNER:
BENEDICTINE FATHERS PRIORY INC.
Byw
Patrick Ruff,
�
Head
'2---
of School
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of So."" rol,\1< �
)
)
On A pY1' / 0 l, 'J,v).;).. , before me, Ha '1 '6t/ J .. ".1 t Juq /bv, "u......, /lJvt'1/:'1 P.,IJ,t:
(inie,µ name and title of the officer)
Notary Public, personally appeared _]3_C\ _____ � ..... r_i_"��-______.R ........... u-'--�----------------� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature��P- (Seal)
10
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of -----
)
)
On ___________ , before me, ______________ _,
(insert name and title of the officer)
Notary Public, personally appeared ____________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________ _ (Seal)
11
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All of that certain real property located in the Town of Portola Valley, County of San Mateo, State of California, described as follows:
LEGAL DESCRIPTION
Orner Number: 4102-'3915502
Page Number: 13
Real property in the Town of Portola Valley, County of San Mateo, State of California, described as follows:
PARCEL 1:
THAT CERTAIN GRANT DEED FILED FOR RECORDON MAY 6, 1969 AS DOCUMENT NO. 33797AC, IN VOLUME 5635 AT PAGE53 OF OFFICIAL RECORDS/SAN MATEO COUNTY; THAT CERiAIN GRANT DEED FILED FOR RECORD ON OCToaER 3Q, 1973 AS DOCUMENT NO; 87381AG, IN VOLUME 6495 AT PAGE 1 OF OFFICIAL RECORDS, SAN MATEO COUNTY; AND ALL OF THE LANDS DESCRIBED IN THE FOLLOWING DOCUMENTS:
THAT CERTAIN GRANT PEED FILED FOR RECORD <::iN JANUARY 21, 1965 AS DOCUMENT NO. 8741V, INVOLUME 4881 AT PAGE 73 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THAT CERTAIN GRANT DEED FILED FOR RECORD 0NAUGUST12,1970 ASDOCUMENTNO. 38727AD, IN VOLUME 5818 AT PAGE 430 OFOFFICIAL RECORDS, SAN MATEO COUNTY; THAT CERTAIN GRANT Dl:ED FlLED FOR RECORD ON OCTOBER 24, 1956 AS DOCUMENT NO. 98313N,IN VOLUME 3116 AT PAGE 385 OF OFFICIAL RECORDS,. SAN MATEO COUNTY; THATCERTAIN GRANT DEED FILED FOR RECORD ON DECEMBER 22, 1976 AS DOCUMENT NO. 61]71AK, IN VOLUME 7�35 AT PAGE 1i7 OF OFFIC:IAL RECORDS, SAN MATEO COUNTY;
THAT CERTAIN JUDGMENT OF PRELIMINARY DISTRIBUTION FILED FOR RECORD ON AUGUST 13, 1987 AS DOCUMENT NO. 87177790 OF OFFICIAL RECORDS, SAN MATEO COUNTY, AND ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY CORNER OF THE .LANDS DESCRIBED IN SAID DOCUMENT NO. 87177790; THENCE ALONG THE SOUTHWESTERLY LINFOF SAID LANDS AND THE SQUTI-:IERLY LINE OF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 98313N, NORTH 48° 10' 31"WEST, 411.14 FEET TO THE EASTERLY CORNER OF THE LANDS DESCRIBEDIN SAID DOCUMENT NO. 38727AD; TI-:IENCE ALONG TI-:IE SOUTHERLY BOUNDARY OF SAID LANDS THE FOLLOWING TI-:IREE COURSES:
,l}SOUTH 37° 21' 41" WEST, 283.20 FEET;
2) NORTH 83° 48' 19" WEST, 146:56 FEET;
3.) NORTH 72° 40' 19" WEST,·46;27 FEETTO TI-:IE BEGINNING OFA NON-TANGENT CURVE TO THE RIGHT FROM WHICH POINT A RADIAL LlNE BEARS NORn:t 06° 13' 05" EAST; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND ALONG TI-:IE SOUTHERLY LINE OF TI-:IE LANDS DESCRIBED IN SAID DOCUMENT NO. 98313N, ALONG SAID CURVE HAVING A RADIUS OF 765.00 FEET, THROUGH A CENTRAL ANGLE OF 32° 34' 24", AN ARC LENGTH OF 434.9.1 FEET; THENCE.
CONTINUING ALONG SAID SOUTHERLY.LINE NORTH 5l0 12' 31" WEST, 294.18 FEEiTOTHE MOST WESTERLY CORNER OFSAID LANDS; THENCE ALONG THE WESTERLY LINE OF SAID LANDS NORTH 42° 08' 29" EAST, 550.23 FEET TO THE MOST SOUTHERLY CORNEROF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 87381AG; TI-:IENCE ALONG THE SOUTHWESTERLY LINE OFSAID LANDS NORTH 54° 37' 31" WEST, 430.57 FEET TO THE MOST SOUTI-:IERLY CORNER OF THE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM PEED ALED . FOR RECORD ON OCTOBER 23, 1979 AS DOCUMENT NO; 76311AO IN -12-
Fir$l~Title
Order Number: 4102�3915502
Page Numl;,er: 14
VOLUME 7906 AT PAGE 1840 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THENCE ALONG THE EASTERl;.Y LINE Qf THE LANDS DESCRIBED JN SAID DC>CUMENT NORTH 11° 28' 29" EAST, .80.09 _FEET TO THE BEGINNING OF A TANGENT CURVE TO Tt-!E LEFT; THENCE CONTINUING
ALONGSAID EASTERLY UNEANDALONGTHEEASTERLYUNE QFTHE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FILED FOR RECORD ON OCTOBER 23; 1979 AS DOCUMENT NO. 763l0AO; IN VOLUME7906 AT PAGE 1835OF OFACIALRECORDS, SAN MATEO COUN"TY; ALONG SAID ClJRVE HAVING A RADIUS OF 180.00 FEET, TliROUGH ACENTRAL ANGLE OF 37° 45' 00\ AN ARC LENGTH OF 118.60 FEET; THENCE CONTINUING ALON_GSAID EASTERLY UNE NORTH26° 1(5' 31" WEST,159.78 FEETTO THE BEGINNING OFA TANGENT CURVE.TO THE LEFT; THENCE CONTINUING ALONG SAID EASTERL YUNE, ALONG SAID CURVE HAVING A RADIUS OF 101.00 FEET, THROUGH A CENTRAL ANGLE OF 43" 37' 43'', AN ARC LENGTH OF
76.91 FEET TO A POINT ON THE NORTHWESTERLY UNE OF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 3J797AC; THENCE ALONG SAID NORTHWESTERLYLINE NORTH 21° 48' 29j' EAST, 30L51 FEET TO THE WESTERLY CORN!=R OF THE LANDS DESCRIBED JN THAT CERTAIN GRANT DEED FILED FOR RECORD ON OCTOBER 25, 1978 AS DOCUMENT NO. 31082AN, IN VOLUME 7791 AT PAGE 2084 OF OFFICIAL RECORDS, SAN MATEO COUNTY; THENCE ALONG THE BOUNDARY OF SAID LANDS THE FOLLOWING THREE COURSES:
1) SOUTH 68° 11' 31" EA.ST; 47.00 FEET
2) NORTI-f 21° 48' 29" EAST,25.00 FEET
.3JNORTI-f 68°-· 11' 31"WEST,47.00 FEETTOA POINT ON THESOUTHWESTERLYUNE OF THE LANDS DESCRIBED IN SAID DOCUMENT N0 .. 8741Y;
TI-fENCE ALON<3 SAID SOUTHWESTERLY UN� NORTH 79° 46' 1111 WEST, 10.21 FEET TO DIE MOST WESTERLY CORNER OF SAID LANDS; THENCE ALONG THE WESTERLY LlNE OF SAID LANDS NORTH 21° 48' 29" EAST, 20.42FEETTO THE NORTHWESTERLY.CORNER OF SAID LANDS; THENCEALONGTHE NORTHERLY AND NORTHEASTERLYUNES OF SAID LANDS THE FOLLOWING THREE COURSES:
!)SOUTH 79° 46' 31" EAST, 381.66 FEET
2) NORTI-f 50° 44' 59"·E AST, 149.33 FEET
3)SOUTH 45° 01' 31" EAST,793.42 FEET TO THE MOST EASTERLY CORNER OF SAID LANDS; THENCE ALONGTHE SOUTHERLY LINE OF SAID LANDS$OUTI-f 50° 35' 27" WEST, 118.92 FEET TO TH.E MOST NORTHERLY CORNER OF THE LANDS DESCRIBED IN SAID DOCUMENT NO . 61771AK; THENCE ALONG THE NORTHEASTERLY UNE OF SAID LANDS THE FOLLOWING THREE COURSES:
ll SOUTH 40° 5,2' 2111 EAST, 347.09 FEET
2) SOUTH 65° 35' 28" EAST, 292,14 FEET
3) S_OUTH 57° 56' 06" EAST, 398.60 FEET TO THE MOST EASTERLY CORNER OF SAID LANDS; THENCE ALONG THE SOUTHER.LY LINE OFSAID LANDS SOUTH 41° 28' 11" WEST, 238.61 FEET; THENCE ALONG THE SOUTHWESTERLYL!NE OF SAID LANDS NORTI-f 41° 35' 311! WEST,112.17 FEET TO .THE EASTERLY CORNER OF THE LANDS DESCRIBED IN SAID DOCUMENT NO. 87177790; TI-fENCE.ALON(; THE SOUTHEASTERLYUNE OF SAID l,.ANDS SOUTI-f 41° 49' 29" WEST, 294.13 FEET; THEN.CE CONTINUING ALONG SAID SOUTHEASTERLYUNE SOUTH 48° 10' 31" EAST, 12s:oo .FEET; TI-fENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTI-f 41° 4�' 29'' WEST, 260�34 FEET TO TI-f E POINTOF BEGINNING.
TI-f E ABOVE LEGAL DESCRIPTION IS PURSUANT TO TI-fAT NOTICE OF MERGER RECORDED MAY 4, 2006AS INSTRUMENT NO. 2006-067007 OFFICIALRECORDS .
PARCEL 2:
BEGINNING AT A POINT ON THE NORTHEASTERLY L1NE OF THE COUNTY ROAD LEADING FROM Rrst Ainerk:an Title
-13-
QrderNumber: 4102-3915502
Page Number: 15
SEARSVILLE TO THE MARTINEZ RANCH, COMMONLY KNOWN AS l"HE PORTOLA ROAD, AT THE fvlOST SOUTHERLY CORNER OFl,.QT1L ASSH0WNDN THE MAP OF THE: PAKTITI0I\IOF THE ESTATE OF MARLMGI\IACIQ MAR11NEZ DE MIRAMONTES" FILED FOR RECORD.APRIL .13, 1El96 IN BOOK "A" OF MAPS AT PAGE 74 AND A COPY ENTERED IN BOOK 2 OF MAPS AT PAGE 77, RECORDS OF SAN MA TEO C0UNlY, CALIFORNIA; RUNNING THENCEAL0NG THE SOUTHEASTERLY LINE 0FSAID LOT 1, NOR.TH41° 15' EAST 54l.20'FEET; THENCES0UTH48° 30' EAST 873.18 FEETTO AN ANGLE POINT ON THE NORlHEASTERLY UNE OF SAID ROAD; THENCE ALONG SAID U:NE, NORTH 67° 00' WEST 80.52 FEET; SOUTH 86° 30i WEST 700;26 FEET; N0RTl-f 69° 15' WEST :35.64 FEET At-JD NORTH 52° ,00' WEST 278.�2 FEl:T TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED Tb THE C0UNlY OF SAN MATEO FOR THE WIDENINGOF PORTOLA R.0AD, BY DEED DATED APRIL 20;, 1951 AND �EC0RDED OCTOBER 19, 1951 IN BOOK 2145 OF QFFIC]AL RECORDS AT PAGE 374 (FILE NO. 66471-l), RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO MITZI S. BRIGGS, AN UNMARRIEDWOMAN; BY DEED DATED APRIL. 26, 1963 AND R�CORDED MAY 6, 1963 IN BOOK 4450 OFOFFICIAL RECORDS AT .PAGE 49 (FILE l'JO; 89485-V), RECORDS .OF SAN MATEO COUNJY,'CALIFORl'JIAAND DESCRIBED IN THAT CERTAIN CERTIFICATE'OF COMPLIANCE RECORDED SEPTEMBER 21, 2010 AS INSTRUMENT NO. 2010-1089.3-8.
PARCEL 3:
PARCEL A, -AS'.SHOWN ON THAT CERTAIN MAP ENTITLED, "PARCEi,. MAP LANDS OF BENEDICTINE FATHERS OF THEW00DSIDE PRIORY� TOWN OF PORTOLAVALLEY, SAN MATEO COUNTY, CALIFORNIA•, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNlY, STATE OF CALIFORNIA ON DECEMBER 7,.2000 IN BOOK 73 OF PARCEL MAPS AT PAGE$ 30 AND 31,
APN: 079-"053-050 (Affects:· Portion-of Parcel t);
079-053-'130 (Affects: Portion of Parcel 1);
079-053,-320 (Affects: Portion of Parcel 1);
07Q-053-39Q (Affects: Portion of Parcel. 1);
079--053-400 (Affects: Portion of Parcel.1);
079,-053-420 (Affects: Portion of Parcel 1);
079-071-100 (Affects: Portion of Parcel 1);
079,-053,-140 (Affects: Parcel 2) and
079-220-040 (Affect$: Parcel 3)
JPN:
079-:005-053-03A {Affects: Portion of Parcel 1);
079-005-053�04A (Affects: Portiqri of Pi:lrcel 1);
07Q-005-053-05A (Affects: P9rtibn Qf P�rcel 1);
079..:005-053-09A(Affects: Portion of Parcel lJ;,
079-00S�053�13A (Affects: Portion of Parcell);
079�
005-053-18A (Affects: Portion of Parcel 1);
079-'007-071�10A .(Affects: Portion of Parcel 1);
079-'095-053-14A(Affect:s: Parcel 2);
079-005-'053-09.01 (Affect:$: Portion of Parcel 3) and
079-007-071-09.01 (Affects: Portion of Parcel 3)
First Ainerlcan Title
-14-
Order Number: 4102·3915502
Page Number: 16
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#11
There are no written materials for this item
#12
There are no written materials for this item
4 April 2022
Town of Portola Valley
Town Council
RE: Race & Equity Committee Town Seal Project
Dear Mayor and Town Council:
The Race & Equity Committee is requesting your consideration and approval of a communitybased project exploring our town seal.
The project is designed to engage the community in a dialogue about our current town seal with three primary goals: 1) to learn about the history of the place we call home, 2) to facilitate a conversation about how to best address the more challenging aspects of our history, and 3) to gather community feedback about whether our town might reimagine our town seal for the 21st century. We seek to use the town seal project as an opportunity to practice listening to one another so as to increase capacity for difficult conversation and reduce polarization. Our priority is not to change the town seal, but rather to engage the community and practice these skills.
We propose to facilitate community focus group conversations around this subject, as well as offer educational seminars to the community about related topics — for example local indigenous history, the history of Portola Valley's town seal, or best practices in difficult political conversations.
We propose to conclude with a report to the Town Council to include: 1) a summary of feedback gathered from the community, 2) a summary of our learning, 3) and recommended action on the town seal for the Town Council.
Sincerely,
Kim Marinucci, Chair
Johnathan Clark, Vice Chair
Lucy Neely, Secretary
Cole Kawaja, Town seal subcommittee member
#14
There are no written materials for Presentation and Public Works Department Overview
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Howard Young, Public Works Director
DATE: April 13, 2022
RE: Public Works Department – Future Staffing Needs Discussion
RECOMMENDATION
Staff recommends the Town Council receive a report and provide direction on the request to consider future staffing needs for the Public Works Department.
BACKGROUND
The Public Works Department consist of operations and engineering services divisions (see Attachment 1). Due to its nature, the Public Works Department is unique from other departments as it deals with not just Committees and applicants, but 100% of the community plus its visitors.
The staff consists of the Public Works Director and three direct reports; Recreational Facilities Coordinator-Worker, and two maintenance workers to maintain the town’s infrastructure which includes 36 miles of road, 36 miles of trails, 4 fields, a park, and an 11-acre Civic Center. Current staffing is less than before 2002 and is still currently the smallest department in the Town and the smallest public works department among surrounding communities offering similar services.
The current staffing is still based upon the needs of the Town back when the Town Center consisted mainly of an old elementary campus with minimal maintenance requirements. It was a small staff representing small government providing minimum services. That changed when the new Town Center was built, and the Town continued to expand services. The maintenance required to accommodate this growth increased and yet the staffing mix was never adjusted to accommodate the growth.
DISCUSSION
Over the last 20 years, the work of the Public Works Department has become more varied and complex. Conditions have significantly changed from what it was 20 years ago and staff
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Public Works Department Staffing and Resources April 13, 2022
has taken on many new major services without additional resources and funding. Changes to Town demographics, internal and external service needs, and level and complexity of maintenance needed are the norm. Staff is facing numerous challenges resulting from many new significant programs and events, upsurge in Capital Improvement Projects, expansion of total square footage of facilities, introduction of new sustainable policies, increased Committee demands, requests, staff requests, and higher levels of service needed.
A general summary of the issues the Department currently manages with the existing staffing levels is below:
1. Level of service and expectations are changing from minimal to higher than expected due to changing demographics reflected by the changing property values.
2. Staffing is a challenge when a member of staff needs to take sick or vacation time or attend training opportunities that may impact delivery of emergency services to the public.
3. Succession and advancement opportunities are limited.
4. The need to implement proper administration for handing grants, special funding, water programs, and changes to State mandates.
5. Proactive planning for future growth and aging infrastructure.
6. Lack of a formal cycle of systematic upgrades, repairs, and maintenance.
7. Lack of methodology for matching resources to requests.
8. Reactive approach to challenges versus proactive.
9. Lack of time to review and streamline processes for efficiency.
10.The need to establish systems to collect and compare use data for future decisions.
11.Continuously meet internal and external customer expectations.
After having reviewed years of data, this report is submitted to you in order reestablish proper structure and staffing in the Public Works Department that is (A) in alignment with the increased services and will enable us maintain level of service the public expects; (B) equitable to the staffing size required to support similar-sized surrounding communities; and (C) to proactively prepare for further growth and capital improvement services. This will help the Town meet expectations of its current residents who may be accustomed to services of the surrounding area. As proud as the Department is of the sustained levels of effort to meet the changing expectations and support all the added programs over the last 20 years, this level of staffing is and will be unsustainable.
Staffing Needs
Based on our analysis of the data and the resources needed to sustain the level of service required, the Department recommends the addition of one (1) full-time Engineering, one (1) Maintenance Supervisor, and one (1) half-time Customer Service staff and/or provision of funding to bring on consultants to provide relief if adding positions is not feasible at this time.
Attachment 2 outlines key changes and projects that have impacted staffing levels in the department.
Engineering
The department’s Engineering Division by code reviews all site development (residential and commercial development and building permits) applications during
Public Works Department Staffing and Resources April 13, 2022
the Planning phase and therefore it is directly related to the review workload of the Planning and Building Department. During the Building permit phase, the department oversees the inspection of site grading and drainage on these permits and well as final sign off for occupancy. There are also encroachment permits associated with private developments where private and public property meet and for utilities. As indicated by the Building and Planning Director, there is significant increase in activity, code compliance, complexity, and communications in these applications on both phases that have required more time and resources from Engineering Services as well. There is also a corresponding increase in administration and maintenance of Capital Improvement Projects such as utility undergrounding, trails, traffic and pedestrian improvements, radio antennas, electronics, and State requirement compliance.
Other areas requiring significant support include pavement and road system management, the increase in State mandates related to Storm Water Pollution and Prevention programming, new Site Development requirements as it applies to residential and commercial building, and new Municipal Regional Permit requirements such as Green Infrastructure. The addition of an Engineering position to support this surge is essential to continuing to provide timely services to applicants and other stakeholders.
Customer Service
The department has historically shared a Permit Technician with the Planning and Building Department. However, with the growth of planning and building needs, the Public Works Department has been notified that a shared position may no longer work going forward. Therefore, there may not be a Public Works front desk presence for customer service.
Permit applicants require high levels of customer support. The shared Permit Technician was vital in taking applications, coordinating inspections, and providing customer service. Customer service is core to our mission, but it has strained existing resources that was meant for service level from 20 years ago. The addition of a part-time staff to provide dedicated customer support will allow us to maintain a front desk presence.
Maintenance Supervisor
As illustrated in Attachment 2, the number of visits to the new Town Center has increased by over 100% since 2008, creating a significant increase in maintenance needs and programming that continue to evolve. In 2019, the Town brought in a consultant to assess and determine a preventative maintenance program for the new buildings. The consultant estimated that 1.03 of dedicated FTE is required for such maintenance, but currently the Department utilizes 30% of an employee.
Over the last 20 years, the Town has also renovated its sports field complexes including its grounds, bleachers, and irrigation systems. There has also been an increase sports turf/field usage and demands and increased in level of service and
Public Works Department Staffing and Resources April 13, 2022
expectations. Also, in 2018 the Town and Conservation Committee determined the need to protect and restore its open space properties through capital improvements and invasive plant removal program. Furthermore, the Town added open space properties including Spring Down, Shady Trail and Herb Dangler Preserve. In addition, with the adoption of sustainable and environmental practices, not only did maintenance practices change but the scope of maintenance coverage has also changed.
A working Maintenance Supervisor is needed to not only provide the needed maintenance but to also help coordinate and oversee all maintenance activities.
The above are just some of the highlights of the changing work in Public Works and why the Department is considering additional staffing.
Staffing Study alternative
Alternatively, the Town can consider bringing on a consultant to review and assess other aspects of the organizational structure, operational functions, levels of staffing, and impact of anticipated new programs/services and the changing landscape and recommend solutions that would best prepare the organization to respond to future changes in operations and level of service. Other agencies in the surrounding area have conducted a similar study.
FISCAL IMPACT
The method and cost associated with implementing the report recommendations will be determined when such recommendations are brought forward in the budget for implementation. The estimated cost associated with adding the three recommended staff positions based on salaries of adjacent agencies is $85,000-$159,000 for an Engineering and Project Manager Class position and $101,000-$142,000 for a position in the Supervising Maintenance Worker class, and a part time permit technician for $26,000-$48,000, not including benefits.
Some costs are expected to offset through recalibrated fees for the Public Works Director’s time for engineering for land use projects, pass through opportunities related to engineering tech support, and other strategies.
Staff is developing a phased approach to present to the Town Council on additional positions, and does not plan to request all of the aforementioned positions in the FY 2022-23 budget.
Alternative to approving the positions, the Town Council could also request that a consultant undertake in-depth staffing review and analysis of current situation to confirm the recommendations outlined in this report or provide alternate staffing model or solution. This would require an RFP and the cost of the consultant which is estimated at $30,000 as per early discussions with consultants.
ATTACHMENTS
1. Department divisions and general duties summary chart
2. Added Services and growth highlights
Public Works Director
Public Works Right-of-Way,
requests, questions, 24/7
emergencies.
Public Works
Committee
Vegetation
Management
Staff &
Maintenance
agreements
Storm Drains
Staff &
Maintenance
agreements
Road Surface
Staff &
Maintenance
agreements
Encroachment
permits
Engineering and
Construction
Management
consultants
Utility Companies
Coordination
CM Consultant
Public Works Infrastructure &
Facilities Maintenance
Committees
Fields, Parks Open Space:
Recreational Facilities
Worker 70% FTE
Trails:
2- Maintenance
Worker II
Town Center:
Recreational Facilities
Worker 30%- bldgs. 2-Maintenance Worker
II- 20%-other
Maintenance
contractor
agreements
Capital Improvement Program
Engineering Consultant
Public Works
Committee
Design
Engineering
consultant
Construction
Management
Staff & Consultant
Design
Engineering
Consultant
Geotech Review
Town Geologist
Materials Testing
& Inspection
consultant
Engineering Services: Site
Development and Encroachment
Permits
Plan review
Engineering
Consultant
Public Works
Inspection
CM Consultant
Legal
Town Attorney
Inspection
Consultant
Shared Permit
Tech- 20%
Committees
As assigned
Trails
(actively attend all
meetings)
Traffic
(actively attend all
meetings)
Cable
(Worked with)
Conservation
(work with actively)
Public Works
(work with actively)
Parks and Rec
(work with)
Town of Portola Valley
Public Works Department – Divisions and General Duties Summary Chart .
ATTACHMENT #1
I
I I I I I
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- -
-
-
-
-
- -
-
- -
-
-
-
-
- -
-
-
-
- -
- - -
-
ATTACHMENT 2: ADDED SERVICES AND GROWTH HIGHLIGHTS
A. New Town Center
The Town redeveloped a 1950’s school facility to an 11-acre Civic Center (completed in September 2008). We went from a stagecoach to the latest Mercedes without a sense of the maintenance and management may be in the future. The project was a success for community resiliency, a gathering place, continuous adding of programs, and a regional draw, all new prior to 2008.
The chart below illustrations more than a 100% increase in visits to the Town Center. The limit of services has not been determined and has not stopped introduction of new ideas by the community, Council, and internally. This has created significant new maintenance and programs that continue to evolve as demands increase and changing demographics. A plan to support and fund these added public services was not determined. A consultant was obtained in 2019 to visit the site and determine a preventative maintenance program for the buildings. The program estimated the need of 1.03 fulltime dedicated employees required.
We currently have 30% of an employee. Some examples of added services:
1. Increased footprint and all associated offerings, creek and native planting, performance lawn
2. Sq./ft. of landscaping
3. Sq./ft. of buildings and patio and use differences
4. Community Resiliency
5. Events and Classes added
6. Summer Concert series, year round weekly Farmers markets, and various classes
7. Skate ramp and Pickle ball
8. Larger department staffs reflects larger and more formal needs
9. Preventive maintenance report for Town Center and tasks
10.Library support, footprint and events. Use has increased +200%, (see table).
11.Number of toilets have increased
12.Level of quality has increased, from rural to more formal
13.Raised expectation for all facilities and maintenance.
14.Creek daylighting
15.Water heater and added features for farmers market and others
16.COVID-19 related improvement and protocols, in addition pent up demand for facility use
17.Coming soon, School house zoom room and Community Hall Zoom room ATTACHMENT #2
Tube counts at driveways Mon Tues Weds Thurs Fri Sat Sun Total Week 2004 Sept average 357 483 490 494 429 289 349 2891
2019 Oct 795 861 782 1108 707 611 677 5541
Increase in vehicles incoming 438 378 292 614 278 322 328 2650 % increase from 2004 to 2019 122% 78% 59% 124% 65% 111% 94% 94% Library visits and program attendance:
"' C.
·;::
....
bO
C:
·e
0 u
.!:
V,
...
:~
>
Town Center incoming vehicle trips 2004 vs 2019
After new Town Center
1200 1108
1000
795 861
800
600
400
200
0 35
I
782
i ii i Ii 211' 31i
140,000
120,000
100,000
80,000
60,000
40,000
20,000
0 Mon Tues Weds Thurs
day
Fri
■ 2004 Sept average ■ 2019 Oct
Library Building Visits
... .... .... .... ·····
,--··r1··r·
Sat Sun
Fiscal
Year Visits Program Attendance Notes
2007-08 33,765 4,562 final full year in old
building
2008-09 60,300 6,645 partial year in new
building
2009-10 81,837 6,746 first full year in new
building
2010-11 81,416 6,118
2011-12 91,174 7,595
2012-13 90,496 8,129
2013-14 98,150 9,230
2014-15 100,000 ~10,000 approximate figures
2015-16 119,215 14,146
extra traffic in part
from Woodside
renovation
2016-17 106,589 15,568
2017-18 108,939 19,873
2018-19 105,450 16,764
2019-20 72,400 ~9,300 partial Covid closure
2020-21 n/a n/a Covid closure
B. Parks and Recreation
Originally, the fields were built for informal use. Over the last 20 years, the Town has renovated its sports field complexes including its grounds, bleachers, and irrigation systems utilizing staff resources.
1. Increased sports turf field usage and demands
2. Increased level of service and expectations of turf resulting in annual field renovations
3. Addition of exercise programs at Town Center
4. Skate Ramp and Pickle Ball
5. Use of Triangle Park as school drop off
6. Rental of Redwood Groves, Parking Lots, and Town Center spaces for events C. Traffic and Safety Improvements
Recently there has been a large focus on traffic improvements for pedestrians by the public and the BPTS Committee as compared to the minimalist approach in the past. The history is reflected on the Town’s website within the BPTS division.
1. Automatic License Plate Readers and maintenance
2. Additional traffic improvements and signs at 9 locations
3. Upcoming electronic Rapid Flashing Beacons at 2 intersections
4. Upcoming electronic vehicle speed feedback signs
5. Trend of increasing and additional traffic related requests as demographic change and regional visit demands increase for bicycling, hiking, and our open spaces.
D. Citizens Engagement and Communications
The ease of submitting requests has generated more requests internally, from the Community, and users. Directed efforts to provide more communications and transparency has increased and changed work processes.
1. PV Connect – Maintenance service requests
2019 – 281 inputted service requests
2020- 194 inputted service requests
2021 – 291 inputted service requests
Not all requests are made or recorded through PV Connect
2. More current information supplied to website and social media
3. Changing demands
4. Committees have evolved from physical participation to advisory
5. Dependence on volunteer Public Works Committee on after hours service and if this model will be acceptable in the future as Committee membership for hands on work is seen less.
E. Fire Mitigation Program
Staff created this program to be proactive to address wild fire and potential concerns from the Community. This is above and beyond the normal roadside clearing performed by in house crews.
1. Crew of 6 performing work 2 days a week year round. Support and oversight
2. On road right of ways and open space
3. To be expanded to Town owned parcels.
F. Open Space Management and Restoration
As of 2018, the Town and Conservation Committee determined the need to protect and restore its open space properties by capital improvements and invasive plant removal.
The Town has also added open space properties.
1. Spring Down open space: 6 acres developed in 2008 and added perimeter trails and pond
2. Herb Dangler Preserve: 11 acres added with added trails
3. Shady Trail open space
4. Maintenance of open space per Conservation Committee, authorized by the Town Council.
G. State Storm Water Pollution and Prevention program requirements
1. Annual report increasing in effort due to increasing mandates
2. Town took over Business inspections that County discontinued
3. New Trash load reduction requirements
4. New Site Development requirements as it applies to residential and commercial building
5. Administration of new Municipal Regional Permit requirements such as Green Infrastructure
H. Pavement and road system management
1. The desire to maintain roads at a higher pavement condition index
2. Roadside invasive weed control in the scenic corridor
3. Direction to provide adequate room and condition on road shoulders for bikes on arterials without official bike lanes.
4. Development related Pavement Impact fee discontinued to fund road repairs I. Sustainable and environmental practices
Since 2007, adoption of policies that limited efficiencies to be sustainable, creating alternatives that lengthen work and oversight.
1. No Spraying of herbicides, pre-emergent, post emergent on road shoulders, trails, and fields
2. No rodenticides, mechanical trapping
3. Organic fertilizer program
4. No gas leaf blowers for daily use, clearing wet roads, accidents, and other activities unless authorize by written consent. Potential future electric tool consideration.
Electric battery powered is not as efficient and powerful. Up to 30% inefficient in commercial setting.
5. EV Charging stations
6. Water heater for Farmers market
7. Water Conservation and audits
8. Purchasing and other polices that require research time for best alternatives J. Engineering Site Development review and Encroachment permits administration The engineering division by code reviews all site development (residential and commercial development and building permits) applications and therefore is directly related to the review workload of the Planning and Building Department. The department oversees the inspection of site grading and drainage on these permits and well as final sign off for occupancy. There are also encroachment permits associated with private developments where private and public property meet and for utilities. As indicated by the Building and Planning Director, there is significant increase in activity, complexity, and communications in these applications.
1. More permits, complexity, and communications for both site development and encroachment permits.
2. Increased code enforcement as it applies to the right of way and easements
3. Administration and maintenance of more requests of capital improvement projects:
Utility undergrounding, trails, Town Center, traffic and pedestrian improvements, radio antennas, electronics, State funding requirements
4. Chart of encroachment permit activity:
V,
.'!=
§
(1)
Cl.
....
0 ....
(1)
..c
E
::J
z
120
100
80 60
40 20
0 Encroachment permits issued
08-0909-1010--1111-1212-1313-1414-1515-1616-1717-1818-1919-20 20--21 Fiscal Year
#16
There are no written materials for Council Liaison Committee and Regional Agencies Reports
#17
There are no written materials for Town Manager’s Report
TOWN COUNCIL WEEKLY DIGEST
Thursday – March 24, 2022
1. Agenda (Cancellation) – Architectural & Site Control Commission – March 28, 2022
2. Email from B. Allen re Housing Affidavits – March 21, 2022
3. Email from K. O’Hanlan re Ordinance and Deck Material – March 21, 2022
4. Email from E. Vernazza re Housing in Nathhorst Neighborhood – March 22, 2022
5. Letter from Portola Valley Ranch Association re Opposition to Home Hardening Urgency Ordinance - March 22, 2022
6. Email from R. Allen and Response from Mayor Hughes re Opposition to Rezone Family Home and Neighborhood – March 22, 2022
7. Email from E. Jelich re Jelich Stores Rezoning Objection – March 23, 2022
8. Email from M. Cristina re Housing Comments – March 23, 2022
9. Email from B. Russell re Portola Valley Housing Crisis – March 23, 2022
10. Email from D. Anderson re Roberts Market Rezoning Objection – March 23, 2022 Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. None
NOTICE OF MEETING CANCELLATION
ARCHITECTURAL AND SITE CONTROL COMMISSION
MEETING REGULARLY SCHEDULED FOR
Monday, March 28, 2022
Notice is hereby given that the Portola Valley Architectural and Site Control Commission meeting regularly scheduled for March 28, 2022 has been cancelled.
The next meeting of the Portola Valley Architectural and Site Control Commission is scheduled for Monday, April 11, 2022 at 4:00 PM.
TOWN OF PORTOLA VALLEY
4:00 PM – Special Meeting of the Architectural and Site Control Commission (ASCC)
Monday, March 28, 2022
Historic Schoolhouse
765 Portola Road, Portola Valley, CA 94028
#1
1 Sharon Hanlon
From: robert allen
Sent: Monday, March 21, 2022 9:18 AM
To: Housing; Town Center
Cc: Craig Hughes; John Richards; Jeff Aalfs; Sarah Wernikoff; Maryann Moise Derwin; Bob Turcott; jswisher; jamie koblick; Kevin Ford; Celeste Ford; Janice Tomer; Jeff Booth; Karen Allen; Tammy Cole; ellen vernazza; Laura Russell; Jeremy Dennis; Cara Silver; Chuck R. Reed; Bob Adams; robert allen; Caryl Russell
Subject: Additional Housing Affidavits
Attachments: kane aff.docx; Halpern aff.docx; wong af.pdf; Momtazee Affidavit.pdf Good morning,
Please see these additional affidavits from Applewood and Nathhorst area…more will be coming Thank you
Bob Allen
#2
Affidavit
Dale Kane & Elinor Mertz
We, Dale Kane and Elinor Mertz Trustees of the Kane - Mertz Living Trust, declare under penalty of perjury as follows:
• We have lived in our home at 3 Hill brook Drive Portola Valley 94028 for over IO years and plan to live here for the rest of our lives. We are a young couple in our 4o·s, so we plan on being here for another 40-50 years.
• Our estate plan is set up so that our 9 year old son Rusch has first right of refusal to inherit the house; ne>..'t our 7 year old daughter Serafina has the option to inherit the house; finally our 5 year old son August has the option to inherit the house. It is our intention to have one of our children. and their eventual family live at 3 Hillbrook. l declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on th.is 16th day of March 2022 at 3 Hillbrook Drive Portola Valley. California 94028.
x~~ Dale Kane
x
Elinor Mertz
021/
I
""
Affidavit
We. undersigned Georges & Emiko Halpern, certify and declare the following true and correct:
.. Wo are the owners of our home at 9 Hillbrook Drive. Portola Valley, where we have lived for 41 years and intend to contmLJe to do so.
Our heirs and children were raised here and consider ,t their family home: so do our grandchildren.
The older one ,s a physiciao-m-trairnng in the area, and he wishes to raise his future family here. signed on March 15 2022
Georges M.Halpern Emiko Halpern
�� l fief. )
I
Warren Wong
4330 Alpine Road
Portola valley Ca 94028
Affidavit
I, Warren Wong, hereby declare under perjury as follows:
I have lived in my home at 4330 Alpine Road, Portola Valley for 36 years and plan to be here indefinitely. I do not have any plans to sell my house.
I declare that the foregoing is true and correct, and that this declaration was executed on this 15th day of March 2022 at 4330 Alpine Road, Portola Valley, California.
Affidavit
James Momtazee
I, James Momtazee, declares under penalty of perjury as follows:
1. We have continuously lived in our home at 280 Nathhorst Avenue, Portola Valley for six years.
2. Our youngest child is 3 years old, and our family has every intention of living in this home at least until our children are in college which would mean a minimum of 15 years.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 19th day of March 2022 at 280 Nathhorst Avenue, Portola Valley, CA.
James Momtazee
1 Sharon Hanlon
Subject: Comment to the Town Council
From: Kate O'Hanlan, MD
Sent: Wednesday, March 21, 2022 8:24 AM
To: Sharon Hanlon <[email protected]>
Subject: Re: Comment to the Town Council
There is no reason to have an ordinance that has no evidential basis, and that was implemented immediately, with no opportunity for PV citizens to ask that the Council recognize our California experts who have already reviewed the research and issued evidence‐ based policies. Requiring non‐combustible materials for deck replacement in Portola Valley homes, when the evidence for non‐ flammable AZEK material was reviewed and approved by the California Fire Marshall and Firwize USA renders this new ordinance costly, overreaching and ultimately dissuasive of fire safety.
There was no indication for the PV town council to have written the ordinance with urgent or immediate implementation without having given even any warning to PV citizens who were already deeply into their architectural planning. Portola Valley Ranch, a Firewize community for over ten years, has 200 homes with at least three and often five wooden decks that need to be replaced in the near future given that PVR homes are 30‐50 years old. PV Ranch approved our deck remodel plans, consistent with Firewise USA.
Since November of 2020, we have been generating architectural and engineering plans for our deck remodel, which we just submitted to PV Council. We have already spent over $100,000 for these plans.
To have the ordinance, as currently written, implemented immediately, two years into our plans, and one month before our submission will require costly changes, and confer no benefit. I hope that the mediation event, once facts are in evidence, will convince the PV Council that the ordinance, as written, is harmful, costly and ineffective, adding no consequential benefit to existing evidence‐based standards as instituted by our state recognized experts.
PV Council should have implemented just those policies researched and approved by the State Fire Marshall and the Firewise USA experts. Please advise me how this ordinance can be revised. We all want to prevent fires and preserve our homes. #3
1 Sharon Hanlon
From: Ellen Vernazza
Sent: Tuesday, March 22, 2022 4:54 PM
To: Town Center
Subject: Please forward this email to all council members and adhoc housing element committee members To the Town Council and ad hoc Housing Element Committee You have proposed to eliminate more than 11 long time families in the Nathhorst neighborhood and replace them with hundreds of other people from out of town to take our places. We have been told by town staff and elected officials that after rezoning these homes, some home owners will die and high density housing can be put where that house is and then the neighboring home owners will also either die or wish to move because they will be surrounded by a large 3 story, high density housing project. Which then allow more high density to be built etc‐ You wish to remove 44 people in just this one area to let hundreds of other people move in. Please do the math.
The consequences of your actions to these 11 families plus their neighbors would be many.
First of all the property values would drop dramatically for both the 11 family homes and the surrounding homes.
Second of all, if one should sell, the capital gains tax that would need to be paid would wipe out any financial possibility of buying another home on the peninsula. We would not only be losing our long time family homes and friends but would have to move out of the area completely. And this is all so other people can move here instead?? If you have no feelings for your 11 + neighbors whose lives and stability you would be changing forever, then please consider the lives of the thousand people living on the western side of Portola Rd.. Your proposal of adding hundreds of people and cars directly on the busiest intersection of town would make a wildfire evacuation of those thousand residents extremely more dangerous and life threatening than it already is. In addition to the evacuation debacle The fuel density alone of the proposed high density structures and cars would more powerfully feed a wildfire than that of any natural trees and foliage.
I guess you have personally come to the conclusion that these 11 families and their neighbors are all disposable. I don’t see any of your homes or neighbors homes on the chopping block .
Just to let you all know, all the 11 families living in the proposed rezoning area have already signed affidavits that they will not be moving in the next 10+ years and not many of us are getting ready to die yet.
Why are our families lives considered dispensable when there are many other options available such as rezoning on town owned land and actually promoting ADUs?
Let’s revisit spreading the housing onto town owned properties. Who ever visited it in the past did not stay long enough.
Ellen Vernazza
#4
#5
March 22, 2022
Dear Members of the Portola Valley Town Council and Town Staff, In response to the Urgency Ordinance on Home Hardening passed by Council on December 8, 2021, the Portola Ranch Association and its Fire Risk Management Committee respectfully request the following:
That Council act promptly to reverse or waive the provision of the Urgency Ordinance requiring only noncombustible materials be used to repair or replace decks of existing structures.
Reasoning:
• The benefit/ cost equation is upside down. The purported benefit of this prohibition, intended to reduce the likelihood of decks igniting and spreading fire to attached structures, is far outweighed by the likelihood that residents will postpone repair or replacement of existing decks to avoid the cost and complications of using only noncombustible materials. And it's not just materials, the additional engineering and costs to properly support these structures will be a disincentive to making improvements. This does not contribute to safety. • Good alternatives exist. and are approved for other applications (roofs). Many decks are well above ground and unlikely to be ignited by a ground fire. Firebrands or flying embers may ignite a combustible deck, but less costly methods and materials (for example, Azek) are available with robust fire ratings that would greatly reduce ignition potential for decks of any height.
Homeowners should be encouraged, not prevented, to ~erform deck replacements and upgrades with such materials.
• Increased seismic risk. Placing large amounts of heavy and inflexible materials such as tile, stone, or concrete in deck structures increases the risk of collapse and damage both to the structures on which they are attached and to neighboring structures on which they may fall.
Homeowners will be rightfully reluctant to enable such a dangerous outcome.
In summary, the Urgency Ordinance provisions as they relate to decks and deck materials, including the cladding requirement for the underside of low decks, are a textbook example of unintended consequences and perfect-as-the-enemy-of-good. Good fuel reduction practices and the use of highly rated materials will do much more to improve our safety.
Respectfully submitted,
Jon Keller, President Portola Ranch Association
1 Indian Crossing
Portola Valley, CA 94028
Mac Irvin, Chair Fire Risk Management Committee
(650) 851-1811
[email protected]
March 22, 2022
Mayor Hughes,
Robert Allen
Nathhorst Ave
Portola Valley, CA
94028
I did not make any threat at our Sunday yard meeting to "do everything to bankrupt the town " It is unfortunate that you expanded on this line of personal attack on the PV forum. Wow.
I have contacted all in attendance. 100 % agree that I made NO threats of any kind.
I want the Town to follow the law. I do not want the Town to rezone my family home or those of my neighbors for high density housing. If the Town chooses that course, it will be rejected by the State for reasons specified in State law. If the Council does not to follow the law, it will be responsible for any negative impacts on the Town.
I hired an attorney to enforce my rights under the law. The Town has an attorney at every meeting. I am going to retain a lobbyist. The town already retains lobbyist.
I never received ANY written notice regarding rezoning of my home. Since no one will explain how my home was put on a map, I requested copies of public records surrounding that decision.
It is not dark to ask why your home is being threatened, it is effort to shed light on why.
Ask anyone who has tried to get approvals from Town about their experience. I doubt they will sympathize with the time to comply with a documents request! We need a solution which spreads out the obligation across Town. I said that we need positive energy to solve this - not an attack on a small group of homeowners or individuals.
I ask that you retract your statements, in writing, that I "threatened to do everything to bankrupt the town". I will ask all those in attendance to meet with you in a public forum if that is what you choose.
Let's take the temperature down and solve this.
To
Ro
a#
i�
o� ,I.$,,
See the following page which for a statement from some of those in attendance.
Cc: Town Council, Ad Hoc Committee, Almanac
#6
PAGE TWO
The undersigned were present at the meeting with the Mayor. They hereby state that Robert Allen did not any threat to bankrupt the town.
In attendance: �K�
Bill Russel� C�ll
I am asking the other people in our small group from Sunday to comment as well on the alleged assertion.
/JJ
1 Sharon Hanlon
From: Craig Hughes
Sent: Tuesday, March 22, 2022 8:28 PM
To: Maryann Moise Derwin; Housing; Town Center; John Richards; Jeff Aalfs; Sarah Wernikoff; Laura Russell; Jeremy Dennis; Cara Silver; @embarcaderomediagroup.com; robert allen Cc: Chuck R. Reed; Bob Adams; Bill Russell; Caryl Russell; Karen Allen; Tammy Cole; Bob Turcott; Karen Askey; Celeste Ford; Kevin Ford; jamie koblick; Jeff Booth Subject: Re: Open Letter to Mayor Hughes
Robert,
If you read “do everything he can” as stand‐alone, that was not my intention. Your specific threats were limited to a public records requests, lawsuits, and lobbyists, and that is what I meant if you read the full sentence that I wrote.
I did not intend to be having this discussion on the forum; I was responding to specific assertions by Bob Adams.
I did not initiate the article that the Almanac published, though when I heard that Angela was writing an article on the town’s housing element process I did contact her to let her know about what I had heard at our meeting.
Your threats (though delivered politely and with a smile) were just one part of that conversation about what I felt was overall a positive meeting where we all shared a range of thoughts and view and concerns. I can understand why many present might not have taken totem as threats, but again, you said that you intended, if you did not like the outcome of the process, and if you felt your propriety value was at risk that:
1. The entire town would feel pain if you felt pain
2. You would sue the town, hire a lobbyist to oppose the town, and submit the town to onerous procedural requests
3. You were willing and ready to spend hundreds of thousands of dollars to do this
4. You believed this would lead to the bankruptcy of the town If I misunderstood any of the above statements, please let me know.
I stated several times that the town fully intended to comply with the law in every respect. You made the above statements, some of them several times, anyway. They did not to me seem conditional on the town doing anything illegal.
I’m not even disputing that you may have the right to do the above things; that part is up to you.
C
On Mar 22, 2022, 7:42 PM ‐0700, robert allen <[email protected]>, wrote:
file:///private/var/mobile/Containers/Data/Application/A9781B77‐A47F‐4B20‐A6AD‐ B64D7CF7822F/tmp/EWS/52016639‐47CB‐4545‐9006‐978C9C4A455B‐000000.html
1 Sharon Hanlon
From: Yahoo Mail <>
Sent: Wednesday, March 23, 2022 4:36 PM
To: Sharon Hanlon
Cc: Sandi Anderson; Kent Mitchell; P.E. Don N. Anderson; @; @; joycepilk; Dan Adams Subject: 104-116 Portola Road (Jelich Stores LLC) Rezoning Letter of Opposition Attachments: Jelich Stores LLC Rezoning Objection.docx
Town Council and Ad Hoc Housing Element Committee:
Please find attached our objection to the proposed rezoning of our property 104-116 Portola Road (Jelich Stores LLC) to the proposed Residential Low Cost Housing.
Ed Jelich
Stores Manager
#7
March 7, 2022
Ad Hoc Housing Element Committee
Town of Portola Valley
765 Portola Valley, CA 94028
Re: AD HOC Housing Element – Re-zoning
Jelich Stores
Dear Ad Hoc Housing Element Committee,
We the owners of the Jelich Stores, (Jelich Stores LLC) are writing this letter to voice our opposition to having our property 104-116 Portola Road, Portola Valley, CA. (San Mateo Parcel # 079-072-100) rezoned from Commercial to the new Residential Low-Cost Housing. This property was commercially developed in the late 1950’s by our parents as a four store complex containing a Grocery Store, Hardware Store, Drug Store, and Liquor Store. Over the 60+ plus years our Business Location has evolved to what it is today, a Realtor Office, a Hardware Store, a Physical Exercise/Sports Medicine Facility, and a Hair Salon.
As you can see, our property has been fully developed for over 60+ years. All businesses have minimum 5-year leases with options to extend for an additional 5 years of business. The lone exception is the Hardware Store which has a 10 year lease (4 of which are used) with an option for 5 additional years. It is our intent to execute these leases to their fullest extent including the additional option years. As each lease comes due, we intend to grant more 5 year leases plus the option for an additional 5 years to our tenants. It is also our intent and those of our heirs, to continue this operation for the foreseeable future as we have neither the intention of selling the business nor changing of our buildings to a noncommercial or other use. In regards to excess property on our land, with the relocation of Portola Road and Alpine Road to its current junction in the mid 90’s, the Jelich Brothers donated the excess land on our property to form the current Town of Portola Valley’s Triangle Park now located adjacent to our existing facility.
Our main objection to this rezoning is that our Property does not meet the State’s Department of Housing and Community Development (HCD) requirement that there will be a change of use during the next 8 years Planning Period. As we understand it, the Town cannot rely on rezoning of our property to satisfy its state requirement, unless it provides the HCD with “substantial evidence that the current uses of our property are likely to be discontinued during the planning period”, i.e. during the next 8 years.
We also understand the Town is required to explain in its application to the HCD how it has made a determination, considering “all factors including the extent to which existing uses may constitute an impediment to additional resident development…existing leases and other contracts that would perpetuate the existing use or prevent redevelopment of the site” during the next 8 years. As noted above, all of our leases exceed the 8 year Planning period requirements of the HCD and we will extend
AD HOC Housing Element - Rezoning
Jelich Stores
March 7, 2022
them again as they come up for renewal. We’ve also explained that we have no intent in the foreseeable future but to continue our operation as it is today
Per this letter, we are demanding that this letter of OBJECTION to a rezoning our property be filed with the Town of Portola Valley’s submission to the HCD for their Rezoning Plan for Low Cost Housing. This letter clearly shows what our future intentions are for this property and it clearly exceeds the 8 year Planning Period required by the State HCD filing requirements.
Sincerely,
JELICH STORES, LLC
Ed Jelich
Managing Partner
Cc: George Jelich
Don & Sandi Jelich Anderson
Joyce Jelich
Jeannie Ladley
Zelda Jelich Trust
Dan Adams (Turner, Huguet, & Adams)
1 Sharon Hanlon
From: Maria Cristina
Sent: Wednesday, March 23, 2022 3:43 PM
To: Sharon Hanlon <[email protected]>
Subject: Housing comments ‐ Tow Council Input
*Suggest before any other possible housing locations be identified at a public meeting, a committee member should pick up the phone for a short conversation to see what comments the property owners have to contribute. Or drop a note in their mailbox, and ask them to call you. With emotions currently riding so high, I think this could help.
*Residents should be able to apply to have their property be taken under consideration. *Is it possible to allow special permits on a case by case basis instead of permanent rezoning? There could be several situations identified, and basic permit requirements standardized for easier and faster approval. I'd think this would be particularly helpful for residents considering a remodel to an existing part of their home or garage.
*A community center with apartments or communal type buildings could be created and rented to people that have a long commutes. They would not have to move, but would have a place to stay during the work week. These could be partially subsidized with Town funds and created in such a way that they comply with state requirements for low income units. Not everyone necessarily wants to move to Portola Valley and leave their existing communities. * If the owners were interested, the lots identified at the entry to town on Alpine Rd. could be an ideal location & perhaps combined with housing at Ford Field. There would be quick easy access out of town for commuters, or should we have an emergency. The buildings would not be too much of contrast with the rural nature of PV due to their proximity to Ladera stores and businesses. *Given the current public interest, I'd think a ground up philosophy might work better than imposing top-down requirements.
*I believe that the Town may need to offer financial incentives, or interest free loans to residents as not everyone who would like to help, can afford the extra building expenses. Best to try to keep this local rather than having out of town developers move in. *There is so much information and so many political requirements, I would think that a one page info. sheet could be sent to residents. This could include basic goals, a short list of what as been identified to achieve these goals, some estimated costs (ie: to build an ADU), etc.
Thanks for all your work on this,
Maria
#8
1 Sharon Hanlon
From: Bill Russell
Sent: Wednesday, March 23, 2022 1:52 PM
To: Sharon Hanlon <[email protected]>; Bob Adams < >; Tammy Cole < >; Greg Franklin < >; Celeste Ford < >; Jeff Booth < >; jamie koblick < >; Housing <[email protected]> Subject: Portola Valley Housing Crisis
Introduction:
"They paved paradise and put up a parking lot
They took all the trees, and put em in a tree museum
And then they charged the people a dollar and a half to see them No, no, no
Don't it always seem to go
That you don't know what you got 'tll it's gone
They paved paradise and put up a parking lot."
Joni Mitchell
"It's a beautiful day in this neighborhood
A beautiful day for a neighbor
Would you be mine?
Could you be mine?
Fred Rodgers (deceased)
The Crisis
Portola Valley faces a crisis not of its own making. The State of California has mandated that this town submit a proposal for 253 dwellings to meet the state's need for additional reduced cost housing. And, to compound this already difficult task, the state has demanded that a preliminary report be produced within the next 5 1/2 months (although I was recently advised the town, along with other towns and cities within our county, are seeking an extension of time to produce the required plans.) The town is working diligently to complete this task. I submit that we must not let arbitrary deadlines dictate our conduct and that we continue the work at hand and when the project is complete and acceptable to the informed town residents, then, and only then, we submit the proposed plan to the state.
DO NOT FEAR THE BIG BAD WOLF
Let's remember: state law specifically states that the plan does not have to be implemented at the time of the plan submission. Second, state law provides that this is just a proposal, nothing more and nothing less. Third, state law provides for extensions of time. Fourth, this is not a situation where we appealed the initial unit designation from the state, were turned down, and are now begging for more concessions. To the contrary, the town has willingly accepted the designation and is doing everything within its power to comply. Fifth, once the plan is presented and it is apparent that it is in keeping with the state mandate and that good progress is being #9
2 made to implement it, is there anything that the state can or would want to do except work with us in a continued cooperative fashion?
A footnote: much of what I say here requires an opinion of counsel. Fortunately, we have a town attorney who can actively assist in the process. Throughout this discussion, when I see a legal issue that needs comment I will designate it with: " ask our lawyer."
What do the Town Residents Want?
From the recent town survey conducted by the Ad Hoc Housing Committee and the comments of the more than 100 residents attending the 2/28/2022 committee meeting, the expressed wishes of the town's residents are:
l. Protect and preserve the scenic corridors along Alpine and Portola Road.
2. Protect and preserve the existing commercial establishments in this town.
3. Encourage the continued construction of ADUs by streamlining the process
4. Do not build high density housing in the town such as apartment buildings and the like.
5. Do not rezone occupied single family residences against the wishes of their owners.
The Possible Solutions:
l. Increase the number of ADUs.
2. Make vacant land owned by the town available for development.
3. Acquire privately owned vacant land through donations or purchases that can be made available for development.
3. Expand the use of existing commercial properties within the town to include housing, through mixed use zoning.
4. "Upzone" some or all of the single family homes in town against the wishes of the owners in order to permit construction of as many as 20 housing units per one acre lot (a draconian measure favored by virtually no one.
The Measuring Stick For All of the Proposals
All of the proposals must be measured with the following considerations in mind:
l. Is the conduct contemplated by the proposal voluntary or coerced?
2. Is the proposal likely to increase the density of housing in a way that reduces the beneficial enjoyment of the homes already owned by the town's residents?
3. Is the proposal likely to cause the monetary value of existing single family residences to be reduced?
4. Is the proposal likely to increase the already existing fire hazards within the town and associated need to exit in a timely and safe uncongested fashion?
3 5. To the extent that increased housing is perceived as a burden rather than an opportunity does the proposal spread the burden equally throughout the town's residents or does it target a small segment of the population to shoulder what, equitably, should be the responsibility of all 1700 homeowners? Accessory Dwelling Units
Additional ADUs are, I believe, the very best opportunity to satisfy the state's mandate. ADUs meet all of the above criteria. They are voluntarily undertaken, the density increase is minimal and spread throughout the town, the ADUs will likely increase the value of the homes that contain them and will not negatively affect either the value or enjoyment of neighboring homes. Here's how we get there:
l. Adopt pre-approved plans for the development of ADUs. This is what the Town of Piedmont did. This will eliminate the current beauracratic nightmare (as Bill Kelly calls it, the "Routine Torture") of gettng a plan approved by this town. Many residents have complained of an extraordinarily costly (above $100,000) and time consuming (exceeding one year) process just to get approval of a plan before breaking ground. At the last Ad Hoc Housing Committee Meeting Laura Russell said that she did not know what else to do because the process had already been streamlined, and we still want to look at all geologic and fire hazards and don't want to lose "control" (not sure what she meant by this) over the process. I submit that there are still creative ways to further streamline this process without compromising safety. As for fire dangers, how can we contemplate putting 20 housing units on a single acre and then find it so troubling that someone might put a single 800 square foot fire retardant ADU on that same acre? Time to think out of the box.
2. Incentivize all of us to develop ADUs. This state's health and safety code requires that cities and counties develop a plan as part of their Housing Element that incentivizes and promotes the creation of ADUs that are offered as affordable rent for very-low, low, and moderate income households. I previously suggested that an emergency letter be sent to every member of the town advising them of the following:
A. the state's plan for forced increased housing.
B. the opportunity to turn this into a benefit by encouraging all homeowners to develop an ADU through a streamlined process with three possible pre-approved plans eliminating the expensive and time consuming process for plan approval and that increased ADUs will benefit all of those who work and serve us but cannot afford to live here----i.e. teachers, firefighters, police, store clerks, C. offer a cash reimbursement of $25,000 for each homeowner who constructs such an ADU which will help defray the cost of architectural plans and construction.
As to "C" above, the town has almost $4.0 million in cash that can be used for this purpose. If 100 residents construct an ADU, that would cost $2.5 million and, likely, solve the housing crisis. Further to this point, the Cal HFA ADU Grant Program provides grants to reimburse homeowners for pre-development costs associated with the construction of an ADU. Under this program, the California Housing Finance Agency (Cal HFA) will review the submission package and contribute up to $25,000 directly to construction escrow. The funds can be used to reimburse borrowers for eligible costs, including but not limited to architectural designs, permits, soil test, impact fees, property survey and energy reports. Finally, the Local Housing Trust Fund Program can provide matching funds to local housing trust funds (think the almost $4.0 million) this town possesses. Eligible uses include the construction of ADUs or JADUs. Previously, with respect to the LHTF Program, I suggested that the housing committee reach out.
3. Contact any number of local builders and ask them if there is a cost benefit to constructing 20, 30, or more ADUs of the same plan type at the same time? Think economy of scale.
4 I never received a formal or informal response from the housing committee to these prior proposals by me; which brings up another point. By letter, weekly staff report or any other form of written communication, the housing committee must:
l. Respond meaningfully in writing to each suggestion of the town residents to solving the housing crisis.
2. Advise of the status of all investigations being conducted by the housing committee to explore housing alternatives and the result(s) of those ongoing investigations.
THIS IS THE ONLY WAY TO HAVE AN INFORMED ELECTORATE AND ENSURE ALL OF US THAT
THE COMMITTEE AND THE PLANNING DEPARTMENT ARE DOING EVERYTHING WITHIN THEIR POWER TO SOLVING THIS PROBLEM.
Ask our lawyer: what does the state require in order to qualify a proposed ADU as part of the 253 requirement: a formal application for permission to construct an ADU or a letter of intent or something else? (I believe that no deed restriction is required, true?)
VACANT LAND OWNED BY THE TOWN
There are multiple sites of vacant land owned by the town--Rosatti field, Ford Field, Town Center, Blue Oaks acreage, part of Spring Down, just to name a few. Considering the constraints outlined above, this may be an equally good solution to the crisis as expanding the ADUs. Almost all of these sites are geographically removed from the central housing locales within Portola Valley so that their development will not interfere with the existing homeowners' peaceful enjoyment of their homes nor is there any likelihood that the development of one or more of these parcels will have an affect on the monetary value of existing homes. Many of these sites are geographically located near Alpine and Portola Road, making for easy transportation ingress and egress, so necessary when there is an evacuation emergency.
In the Staff Report from the town dated September 27, 2017 there is a listing of 34 vacant properties owned by the Town. That report says that "the four that may be worth a further examination are: Town Center, Townowned property adjacent to Ford Field, Blue Oaks subdivision remnant property on Los Trancos Road, Road Right-of-Way along the Alpine Road adjacent to Corte Madera School." There are more than these four candidates. For many suitable parcels referenced in the September 27, 2017 report, they were rejected because of designation of the lands as "Open Space." What is not at all clear are the following:
l. Was the designation of any of the parcels as "Open Space" a designation that the town made that the town, itself, could reverse and use for affordable housing in the current crisis? (ask our lawyer)
2. To the extent that the land grantors deeded the land with an open space declaration and assuming that it is otherwise binding (ask our lawyer) wouldn't it make sense to ask the grantors to remove or revise the open space designation in light of the current housing crisis? Although I never received a response to this earlier suggestion from me, a different town resident raised it at the March 21, 2022 housing committee meeting. Laura Russell said, "I'm not aware of anyone making any phone calls to any of the grantors, but they probably wouldn't agree anyway since they gave the land as open space." My humble suggestion: PICK UP THE PHONE.
3. Contact any of the numerous local developers to determine the feasibility of constructing affordable housing units on the vacant lands with specifics as to the type of structure, number of units possible and likely
5 development costs. Just like the "no calls" to those who deeded land to the town in number 2 above, I don't know that the town planners have contacted anyone.
4. Work with possible developers to develop a firm plan for sale of the land and development through the process outlined in Government Code Section 54220 (Surplus Land Act). Under this act an agency has been created to facilitate the sale and development of designated surplus land.
5. Contact the Local Housing Trust Fund to determine if matching dollar for dollar funds would be available for the town's acquisition of additional lands or as builder incentives.
Once again, I have no idea if any of the above suggestions are being implemented.
IS THERE A BIAS AGAINST USING TOWN OWNED VACANT LANDS?
After 40 years of practicing law I've developed some modest skills at reading between the lines. I am developing a sense that, despite everything said above, there is a bias in the ad hoc housing committee against using vacant lands for increased housing. I'm the first to admit that I could be terribly wrong but the inaction and negativity that I observe makes me wonder.
MIXED USE COMMERCIAL
I am not aware of any attempt by the planning commission or the ad hoc housing committee to reach out to the owners of commercial space to discuss adding housing (think Santana Row) to the existing space or the committee considering re-zoning the space for mixed use. A status and feasibility report would be helpful.
Since, for the most part, the commercial centers of town are removed from concentrated housing centers, a further development would not cause harm, economic or land use enjoyment, to existing homeowners.
Upzoning Privately Owned Vacant Land
This is a possibility. There are multiple sites of privately owned lands that would be suitable for development. I am told that the town is reaching out to some of these property owners. This is not the best option but certainly better than upzoning existing single family homes (discussed below). Upzoning privately owned vacant land might result in increased density and might, conceivably interfere with the neighbors enjoyment of their properties but the upzoning of the vacant lands might actually increase the value of the lands.
Upzoning Single Family Residences
This is the worst option of all for a number of reasons:
l. It is forced, not voluntary.
2. It will destroy the character of any neighborhood to which the designation is attached. 20 unit apartment buildings do not mix with single family residences.
3. It will substantially reduce the value of those single family residences that are upzoned and cannot be expanded, have an ADU added or rebuild on the destruction by fire or earthquake of the home itself. Further, no one seeking a single family home is going to buy one that has been upzoned with all of the attendant limitations.
As for sale to developers, there is absolutely no evidence that upzoning single family residences valued at $4-$7 million will increase the value of the residences (even assuming you could ever find a developer willing to invest that sum only to tear it down and construct low cost housing). One knowledgeable town resident has
6 estimated that the reduction in value to the Nathhorst Triangle proposed rezoning is between $30 and $40 million.
4. It will substantially reduce the value of the homes of the neighbors of single family residences that are upzoned. Those seeking to move into Portola Valley will not be interested in purchasing a home that is across the street from a 20 unit apartment building or if they were, the price to be paid will be substantially less than if that apartment building were not there.
4. It will substantially reduce the beneficial enjoyment of single family residences of those who are neighbors to upzoned parcels. Consider the noise, dust, traffic congestion, etc. that exists when your neighbor across the street constructs a 20 unit apartment building over 2-3 years.
5. It deprives the targeted homes and their neighbors from securing the fair market value of their homes if they choose to sell. Many of the homeowners in this town are senior citizens who have occupied their homes for decades. If they felt compelled to sell because their home had been targeted or they were an affected neighbor, the capital gains taxes would be in the millions. In any attempted sale to developers, this would be an added cost that the homeowners would extract before selling (another reason why no sale to developers would ever occur, thus defeating the goal of providing affordable housing).
6. Upzoning a single neighborhood flies in the face of the specific admonition from the state that increased housing should be spread throughout the town and not concentrated in one neighborhood (ask our lawyer).
The Nathhorst Triangle/Applewood Debacle
It started horribly, and then got worse. The Ad Hoc Committee, at its 2/22 meeting stated that, at the next meeting it was going to vote on upzoning a number of specified homes in the Nathhorst Triangle. This is what is known:
l. Absolutely no notice was given by the committee to those homeowners prior to the 2/28 meeting. At the 2/28 meeting the chair of the committee apologized and said that the agenda for the meeting should have said that there was only going to be a "discussion" and not a vote.
2. Absolutely no written analysis of any kind was done of the proposed sites to determine their viability for upzoning to a 20 unit apartment building or related complex. Contrast the town's required analysis before it will approve an 800 square foot ADU. No explanation was given as to why some homes were included for upzoning and others were not. There was no rational basis for any of the committee's conduct.
3. Then the mayor got involved. After the "meet the mayor" meeting he had issued newspaper-reported negative statements of one homeowner whose property had been targeted for upzoning. What followed was a written response from that homeowner along with one or more responsive emails from other homeowners who were in attendance at the meet the mayor meeting. The mayor's recitation of the events of that meeting were rebutted in the responsive emails. The mayor then responded further with an additional email, in essence doubling down on his earlier reported comments. This town council will be acting in a quasi-judicial fashion when it votes on the ultimate housing element plan to be submitted to the state. Town council members must remain neutral and unbiased in quasi-judicial matters. When they fail to do so they must recuse themselves from further consideration of the matter or from voting on the matter. (ask our lawyer). It is essential for the integrity of the vote by the council that any biased council member be recused because if not, any action taken by the council will be nullified (even if the vote of the biased council member did not change the outcome) (ask our lawyer).
It is clear from the newspaper article and the subsequent communications from the mayor that he has developed an animus towards more than one of the homeowners in the Nathhorst Triangle. For the good of everyone the mayor should voluntarily recuse himself.
7 To the merits, the proposed upzoning of the Nathhorst Triangle is contrary to law and will not satisfy the state requirements for the housing element (ask our lawyer)
1. The state admonishes the cities and towns to spread the responsibility for housing across the town itself and not isolate it in one neighborhood.
2. The state mandates that whenever a town or city wants to include a particular site in its required allotment and that site is not vacant the town has an affirmative duty to explain why there is a reasonable likelihood that the property will actually be available for development during the applicable cycle. Here, all of the affected homeowners have signed affidavits under penalty of perjury stating they will not be moving during the cycle.
Those affidavits are admissible in evidence (ask our lawyer). There is no contrary evidence to present to the state. Even the mayor himself at the "meet the mayor" meeting acknowledged that the state may not accept any such designation but, in defense he said, "well those affidavits didn't "guarantee" that the residents would not move. The affidavits and their evidentiary value speak for themselves. Including these homes in the 253 required allotment, in the face of the affidavits violates the law (ask our lawyer). The law provides a private cause of action against the town when this takes place.
3. Nobody wants to sue the town. And, yes, if suits are filed, the legal costs to the town will likely be in the millions and if the private parties succeed, it is possible that the town will have to pay their fees. All of this may be in addition to actions for inverse condemnation (ask our lawyer). Meanwhile, while the litigation progresses over years there will be no building of low cost housing. Who benefits and who suffers? Maybe we should just upzone all of Portola Valley to R-3??? Let's all head in another direction.
Bill Russell
1 Sharon Hanlon
From: Don N. Anderson, P.E.
Sent: Wednesday, March 23, 2022 4:43 PM
To: Sharon Hanlon
Cc: Sandi Anderson
Subject: Housing Element Update - Rezoning Objection
Attachments: Roberts Market Rezoning Objection (Signed)_032322.pdf Town Council:
Attached is our objection letter to the proposed Housing Element Update rezoning.
Please try and include the letter in the Council's packet.
Thanks,
Don & Sandi Anderson
Don N. Anderson, P.E.
Anderson-Nelson, Inc.
#10
March 23, 2022
Ms. Laura Russell
PV Planning and Building Director
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Re: Housing Element Update
4420 Alpine Road
Commercial Property Rezoning
Dear Ms. Russell:
As owners of the commercial property known as Robert’s Market located at 4420 Alpine Road (Parcel #079-072-090), we are voicing our opposition to the re-zoning of this property from Commercial to Multi-family (minimum 20 units per acre). The property is leased to George Roberts, Roberts of Portola Valley grocery store. The property has been under lease since 1976 and serves the Town with its grocery needs. The current 55 year lease will not expire until September of 2031, 9 years from this coming September. There are two (2)-22 year extension options associated with the lease which we intend to execute to its fullest extent. This property has been in our family for three generations and we intend to pass it on to the fourth generation, who will continue the lease agreement and current use for many years to come.
Our main objection to this rezoning is that our Property does not meet the State’s Department of Housing and Community Development (HCD) requirement that there will be a change of use during the next 8 years Planning Period. As we understand it, the Town cannot rely on rezoning of our property to satisfy its state requirement, unless it provides the HCD with “substantial evidence that the current uses of my property is likely to be discontinued during the planning period”, i.e. during the next 8 years. We also understand the Town is required to explain in its application to the HCD how it has made a determination, considering “all factors including the extent to which existing uses may constitute an impediment to additional resident development…existing leases and other contracts that would perpetuate the existing use or prevent redevelopment of the site” during the next 8 years. As noted above, as stated above the lease exceed the 8 year Planning Period requirements of the HCD and we will extend them again as they come up for renewal. We’ve also explained that we have no intent in the foreseeable future but to continue the current use as it is today.
Commercial Property Rezoning
4420 Alpine Road
March 23, 2022
Per this letter, we are demanding that this letter of OBJECTION to a rezoning our property be filed with the Town of Portola Valley’s submission to the HCD for their Rezoning Plan for Low Cost Housing. This letter clearly shows what our future intentions are for this property and it clearly exceeds the 8 year Planning Period required by the State HCD filing requirements.
Sincerely,
Sandra Jelich Anderson
Cc: George W. Jelich
TOWN COUNCIL WEEKLY DIGEST
Friday – April 1, 2022
1. Agenda – Wildfire Preparedness Committee – Tuesday, April 5, 2022
2. Agenda – Bicycle, Pedestrian & Traffic Safety Committee – Wednesday, April 6, 2022
3. Agenda (Cancellation) – Planning Commission – Wednesday, April 6, 2022
4. Agenda – Emergency Preparedness Committee – Thursday, April 7, 2022
5. Western City Magazine – April 2022
Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. None
TOWN OF PORTOLA VALLEY
Wildfire Preparedness Committee
Tuesday, April 5, 2022, 4:00 PM
Virtual Meeting
_______________________________________________________________________________________________
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/87023862176?pwd=djB2c3VTdjBPTlp6SWp2RUpJRVZoZz09 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: 870 2386 2176
Password: 185944
MEETING AGENDA
1. Call to Order
2. Oral Communications for Items not on Agenda
3. Town Attorney Update on Brown Act Cease and Desist Notice and Public Records Act Request Directed to Wildland Preparedness Committee
4. Approval of Minutes of the March 1, 2022, Meeting
5. Discuss Safety Element Update / Wildfire Section (K. Vahtra)
6. Review and Approve Proposal for Wildfire Preparedness Fair (MJ Lee)
7. Review and Approve Certain Waivers for Pilot Project – Ready for Wildfire Sprint (MJ Lee)
8. Presentation and Discussion of the NIST 2205 Paper (R. Younge) (The NIST 2205 Paper can be accessed here – https://doi.org/10.6028/NIST.TN.2205)
9. Review and Discuss Letter from Committee Chairs to Town Council on Safety Element Update (M. Tomars)
10. Subcommittee Updates
a. Vegetation Management / Home Hardening (J. Youstra / MJ Lee) (J. Youstra) b. Finance / Insurance (J. Hammer)
c. Evacuation (D. Pfau)
11. Safety Element Update (J. Dennis)
#1
12. Standing Items – As Needed
* Fire Marshal Update
* Staff Updates
* Review of Committee Correspondence / Items of Note
13. Adjourn
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/83488603281?pwd=MGE2YjNYUC9qQjVIWGxnZUVKMi9qQT09 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: 834 8860 3281
Password: 371139
1. Roll Call.
2. Review/Approval of the Minutes of the February 2
nd
, 2022 Meeting
3. Resident and Committee Open Comments
4. Sheriff's report:
a. Accidents and Citations
i. Request for statistical details of tickets issued.
b. Request for Monitoring:
i. Speeding
ii. Stop sign violations.
5. Public Works Update:
a. General update
6. Ongoing Committee Business
a. Review and discussion of Visitor Parking Study submitted by Krupka Consulting (See attached material)
b. Proposal and Vote to recommend adoption of measures outlined in the Visitor Parking Study
c. Chair update on Committee Chairs quarterly meeting
d. Portola Valley Housing Element (HE) update Discussion of Committee Priorities and concerns
e. Request for updates on the “Stanford Wedge” EIR
7. Events:
a. 2022 Event ideas
8. Matters Arising
9. Next meeting scheduled May 4th, 2022. Default time 8:15 AM, Via Zoom Adjournment
TOWN OF PORTOLA VALLEY
Bicycle, Pedestrian and Traffic Safety
Committee Meeting
Wednesday, April 6, 2022 – 8:15 AM
Zoom Teleconference
#2
NOTICE OF MEETING CANCELLATION
PORTOLA VALLEY PLANNING COMMISSION MEETING
REGULARLY SCHEDULED FOR
Wednesday, April 6, 2022
Notice is hereby given that the Portola Valley Planning Commission meeting regularly scheduled for Wednesday, April 6, 2022 has been cancelled.
The next meeting of the Portola Valley Planning Commission is scheduled for Wednesday, April 20, 2022 at 7:00 PM.
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Planning Commission
Wednesday, April 6, 2022
Historic Schoolhouse
765 Portola Road, Portola Valley, CA 94028
#3
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/84285464932?pwd=MklrbjlUNnRlNm9sNkVJRTVhVXlPZz09 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
Webinar ID: 842 8546 4932
Password: 392067
1. 8:00 Call to order
o Members: Dave Howes, Dale Pfau/Chair, Chris Raanes/Vice Chair, Ray Rothrock, Jerry Shefren, Craig Taylor, Bud Trapp, Vic Schachter, Marianne Plunder, Rob Younge
o Guests: John Richards/Town Council, Rob Lindner and Selena Brown WFPD
2. 8:01 Roll Call
3. 8:03 Oral Communications
o Note that issues brought up under oral communications that are not on the agenda will be limited to 2 minutes
4. 8:05 Review and approval of minutes;
o Motion; Approve minutes of March 3, 2022
o Appointment of Secretary
5. 8:06 Welcome New Member
o Rob Younge
6. 8:07 WPV-CERT/WFPD Report (Brown/Lindner)
TOWN OF PORTOLA VALLEY
Regular Meeting of the
Emergency Preparedness Committee
Thursday, April 7, 2022 - 8:00 AM
Via Zoom
765 Portola Road, Portola Valley, CA 94028
#4
7. 8:17 FY22 –FY 23 Budget Discussion and Approval (Pfau) o Budget worksheets for prior years and coming year (attached)
8. 8:27 Discussion and Approval – Neighborhood Outreach Subcommittee (Schachter)
o Neighborhood Resource Guide (attached)
9. 8:37 Discussion – Potential transfer of Evacuation Study from WPC to EPC (Pfau)
10.8:45 Subcommittee Reports
o Communications (Rothrock)
o Wildfire Committee Report (Pfau)
o CERT/Town/Woodside Integration Committee (Raanes)
o WPV-Ready Liaison (TBD)
11.8:50 Town Report (Dennis)
o Ray Rothrock agreement
o Update on AM Radio Signs
o Update on Backup for Town Internet
o Update on Cal Water site – AM Radio relocation
o Update on Safety Element
12.8:52 SMC Alert - Department of Emergency Management (DEM) Discussions (R. Younge)
13.8:54 Update – Town medical supplies and CERT medical supplies (Shefren/Brown/Taylor)
14.8:57 Update - Letter from Committee Chairs to Town Council on Safety Element Update (Pfau)
o (attached)
15.9:00 Scheduling Next Meeting
o Quorum check
o Agenda Items for next meeting
o Upcoming Activities
▪ April 22 - VEOCI CERT demo
▪ April 30 - CERT Command Post Exercise
▪ June 25 – Annual Communications and Safety Day
16.9:00 Adjourn
TOWN COUNCIL WEEKLY DIGEST
Thursday – April 7, 2022
1. Agenda (Cancellation) – Architectural & Site Control Commission – Monday, April 11, 2022
2. Agenda – Woodside Highlands Road Maintenance District RAC Committee – Tuesday, April 12, 2022
3. Agenda – Race & Equity Committee – Tuesday, April 12, 2022
4. Agenda (Cancellation) – Cultural Arts Committee – Thursday, April 14, 2022
5. Agenda – Nature & Science Committee – Thursday, April 14, 2022
6. Invitation to the April Council of Cities Dinner Meeting – Friday, April 22, 2022
7. Resident letter from B. Turcott re Hazard Mitigation Plan and Public Participation – April 4, 2022
Attached Separates (Council Only)
(placed in your Town Hall mailbox)
1. None
NOTICE OF MEETING CANCELLATION
ARCHITECTURAL AND SITE CONTROL COMMISSION
MEETING REGULARLY SCHEDULED FOR
Monday, April 11, 2022
Notice is hereby given that the Portola Valley Architectural and Site Control Commission meeting regularly scheduled for April 11, 2022 has been cancelled.
The next meeting of the Portola Valley Architectural and Site Control Commission is scheduled for Monday, April 25, 2022 at 4:00 PM.
TOWN OF PORTOLA VALLEY
4:00 PM – Special Meeting of the Architectural and Site Control Commission (ASCC)
Monday, April 11, 2022
Historic Schoolhouse
765 Portola Road, Portola Valley, CA 94028
#1
__________________________________________________________________________________________
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 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.
Join Zoom Meeting:
https://us06web.zoom.us/j/89493180310?pwd=QzROdlFmVVErVU1rQWQ0cmRIbkhDQT09 Phone into Zoom Meeting:
1-669-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
Meeting ID: 894 9318 0310
Password: 182552
1. Call to Order
2. Roll Call: Members present, absent and guests; Assign Secretary for meeting
3. Oral Communications
4. Approval of Minutes from February 8, 2022, Meeting
5. Business
1) Projects Schedule & Reports
Paving Subcommittee:
a) 2
nd Phase Planning (Schuele)
b) Resident Input Regarding Road “Stretching”
Drains Subcommittee: Placement (Grant)
Spring Clean Up: April 23, 24, 2022: Comments/Planning/Notices 2) Financial Statement (King)
3) Projects from Prior Meeting: Follow-Through
1. Santa Maria: Yellow Line Along Lower Santa Maria (Aliosio, Godfrey)
2. Mirror Replacement: Lower Santa Maria (Schuele)
3. Drain Repair: below 144 Santa Maria (Godfrey)
4. Santa Maria “Leaning” Tree (Isaacson, Godfrey)
5. Oak Drain Box below 31 Santa Maria (Crow)
4) New Projects
1. 105 Santa Maria: Installation of Steps (Schuele)
6. Other Business:
1) 120/122 Santa Maria Complaint (Godfrey)
2) Erosion of Town Lot between Woodside Highlands and Wayside Neighborhood Note from Assistant Town Manager M. Gaines (Godfrey)
7. Adjournment:
Date & Time of Next Meeting
Town of Portola Valley
Woodside Highlands Road Maintenance District
Residents’ Advisory Committee Meeting (WHRMD RAC)
Tuesday, April 12, 2022 – 5:30 PM
Special Videoconference Meeting via Zoom
Time - Date94028
Time - Date
#2
__________________________________________________________________________________________
VIDEOCONFERENCE MEETING AGENDA
Remote Meeting Covid-19 Advisory: On March 17, 2020, the Governor of California issued Executive Order N29-20, suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the statewide Shelter-In-Place Order issued by the Governor in Executive Order N-33-20 on March 19, 2020, and the CDC's social distancing guidelines which discourage large public gatherings, Portola Valley Town Council meetings are being conducted electronically. 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 Video Meeting:
https://us06web.zoom.us/j/86829365620?pwd=MmpWUlR4eFNnKzNpenBTN3ZOeEZ6Zz09 Phone into Zoom Meeting:
1-669-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
Meeting ID: 868 2936 5620
Password: 552542
1. Call to Order
2. Roll Call
3. Oral Communications for items not on the agenda
4. Approve Meeting Minutes for March 8, 2022
5. Old Business:
1) Subcommittee updates (Housing Element, Housing Subcommittee, Town Seal, Town Policies, etc.)
2) Year-long calendar update
6. New Business:
1) Supporting month demonstration
2) Commemorating George Floyd anniversary of murder: May 25
7. Adjournment
Town of Portola Valley
Race & Equity Committee
Tuesday, April 12, 2022 – 7:00 PM
Special Videoconference Meeting via Zoom
Time - Date94028
Time - Date
#3
NOTICE OF MEETING CANCELLATION
CULTURAL ARTS COMMITTEE MEETING
Thursday, April 14, 2022
The regular meeting of the Cultural Arts Committee scheduled for Thursday, April 14, 2022 is canceled. A special meeting has been called for Thursday, April 21, 2022.
TOWN OF PORTOLA VALLEY
Cultural Arts Committee Meeting
Notice of Meeting Cancellation
Thursday, April 14, 2022 - 1:00 PM
#4
__________________________________________________________________________________________
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 Video Meeting:
https://us06web.zoom.us/j/81606779603?pwd=Q3JqVDA5eGMyaGZTWi9pTnpIZ0xkUT09 Phone into Zoom Meeting:
1-669-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
Meeting ID: 816 0677 9603
Password: 960108
1. Call to Order
2. Oral Communications (Anyone wanting to address the Committee or anyone wanting to speak on an item not on the agenda)
3. Minutes of March 10, 2022, meeting
4. Reports: Mid-Peninsula Regional Open Space District meeting of 3/21
5. Planning: Andrew Pierce May 6, for meteor shower event
6. Report on discussions with other committees about composting event
7. Suggestions for future programs
8. Action Items:
a) Develop budget for 2022-23
b) Program proposals including setting dates
9. Adjournment:
Next meeting – May 12, 2022, at 5:00 pm
Town of Portola Valley
Nature and Science Committee Special Meeting
Thursday, April 14, 2022 – 5:00 PM
Special Videoconference Meeting via Zoom
Time - Date94028
Time - Date
#5
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Meeting Announcement
Friday, April 22, 2022
6:00 p.m.
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.
Location
Arroyo Green Apartments
707 Bradford Street, Redwood City
Community Room, 3
rd Floor
Schedule
5:30 pm Check-in
6:00 pm Business Meeting
6:15 pm Dinner
6:45 pm Program
7:20 pm Adjournment
Walking Tour
Please contact Chair Rico E. Medina if you wish to
bring up an item for group discussion or give a committee report. email: [email protected]
Buffet-Style Dinner
(Marinated Tri-Tip, Roasted Salmon, Vegetable Paella)
$50.00 per person
Please RSVP to [email protected]
or (650) 780-7221 by Monday, April 18, 2022
Checks payable to:
City of Redwood City
c/o City Clerk’s Office
1017 Middlefield Road
Redwood City, CA 94063
#6
cOU~CIL~;, efc1T1Es ~
2 of 2
Parking:
A limited number of reserved parking spaces will be available in front of Arroyo Green Apartments (707 Bradford Street). There is paid street parking on all adjacent streets surrounding the property, as well as a nearby parking garage on Marshall Street:
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AGENDA
******************************************************************************************************* 5:30 p.m. – 6:00 p.m. Check-in
6:00 p.m. Business Meeting
Call to Order by Chair Rico E. Medina
Roll Call and Introduction of Mayors, Council Members and Guests Approval of Minutes of Previous Meeting and Treasurer’s Report Committee Reports
Old Business
New Business
Announcements
6:15 p.m. Dinner
6:45 p.m. Program
Welcome Remarks by Redwood City Mayor Giselle Hale
Presentation: What’s next for Housing and Transportation for all ages and incomes in Redwood City?
7:15 p.m. Closing remarks / Wrap-up by Chair Medina
7:20 p.m.
Adjourn Meeting
Walking tour of Arroyo Green Apartments (707 Bradford Street)
April 4, 2022
Portola Valley Town Council
Town Center
765 Portola Road
Portola Valley, CA 94028
Cc: Chairs of Wildfire, Emergency Preparedness, and Geologic Safety Committees Subject: Hazard Mitigation Plan and public participation Dear Council Member,
I hope you agree that a functioning democracy requires an informed electorate that receives accurate, dependable information about the policy choices of its representatives. Otherwise, the electorate is unable to correct policies that don’t serve its interests.
A clear example of this process failing is the preparation by Portola Valley of its Multijurisdictional Local Hazard Mitigation Plan (HMP) for the Federal Emergency Management Agency (FEMA).
Attentive residents noted that the HMP - over 800 pages, buried in the December 8, 2021 Consent Agenda, and poised for unanimous approval without deliberation by the Town Council - grossly understated our wildfire hazards and risks. Mayor Hughes was forced to acknowledge that the Plan's assessment was “glaringly bad” and should be corrected prior to approval.
That candid acknowledgment lasted all of three weeks before the Town Council reneged on its promise to correct the Plan and instead went on to approve the Plan as drafted. That decision was justified in part by the false claim that residents had been afforded an opportunity on multiple prior occasions to review and comment on the plan.
Despite the gross mischaracterization of our wildfire exposure and risk, despite a “glaringly bad” HMP, residents still don’t know whether and how the process will be improved.
This is urgent. Lessons from the HMP debacle must be learned and must be applied to all processes by which documents and polices that affect our safety are developed, including our Safety Element revision.
Examples of the gross mischaracterizations in the Hazard Mitigation Plan Here are just two examples in which our fire hazard is grossly misrepresented. There are many, many more.
1. The Plan reports that less than 2% of our Town's $4.1B assessed property value and only 9% of our population is exposed to moderate, high, or very high fire hazard severity.
2. The risk scores of natural hazards were provided by each of the local municipalities. As shown in Fig. 1, Portola Valley and Woodside ranked their risks identically for all natural hazards except for wildfire. Woodside identified wildfire as posing its greatest risk, by far.
Portola Valley ranked wildfire well below earthquake, landslide, and weather. Portola Valley Page of 1 6
#7
characterizes its wildfire risk as slightly higher than flooding, barely within the medium risk category.
What went wrong?
At the December 8, 2021 and January 26, 2022 Town Council meetings, we heard from the Council that San Mateo County, the County’s consultant, and Cal Fire were responsible for this “glaringly bad” Hazard Mitigation Plan.
But, in fact, the methodology of the plan and the Letter of Commitment submitted by the Town indicate that the Town of Portola Valley, not the County or Cal Fire, was responsible for the characterization of the Town’s wildfire risk and exposure.
Rather than a denial of responsibility, why did we not instead hear an acknowledgement that the process needs to be improved and hear identification of the ways it will be changed? The denial on the part of the Council was striking.
1. Claims of public engagement that in fact didn’t happen A root cause of the “glaringly bad” HMP was obvious to many residents: lack of public review and engagement. A number of residents, myself included, called for greater public participation in work that affects public safety, including the Safety Element revision.
The response by the Town Council to this request was, in my opinion, one of indignation and denial.
Council Member Richards:
“The notion that this has been done in any way in secret is totally absurd.” Page of 2 6
Fig. 1. Risk Ranking Scores for natural hazards reported by Portola Valley (blue) and Woodside (orange). 60 ~-------P_o_rt_o_la_V_a_lle_y_'_s_2_0_2_1_F_E_M_A_ H_a_z_a_rd_M_it_ig~a_t_io_n_A_ss_e_s_s_m_e_n_t _______ ~ so
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Council Member Derwin:
“To say that this was done with Staff and consultants and no public comment or input is just patently false.”
Are resident assertions about insufficient public participation “totally absurd” and “patently false?”
FEMA required public participation in the development of the Plan. The Letter of Commitment submitted by the Town agreed to promote “community engagement and public outreach in the development of the Plan.”
In the Plan, Portola Valley asserted that it conducted outreach at 3 public meetings (Fig. 2).
I watched the videos of those meetings. I read the agendas and the minutes. I was not able to identify one instance of the HMP being mentioned in any of these 3 meetings. I was not able to locate any details about the HMP in any of the agenda packets. Despite the Council Members’ assertions and despite the Town’s assertions to FEMA, the residents of Portola Valley had no opportunity to review the HMP prior to the 12/8/2021 Town Council vote.
2. Denial of the importance of State-mandated designations of Fire Hazard Severity Zones
At the January 26, 2022 Town Council meeting the following exchange took place:
Resident Bob Turcott:
“I want to thank the Council for pulling the HMP from the Consent Agenda back on Dec 8 for further consideration and the Town Manager for the additional information he’s provided about the Plan today.
As I understand it, the Vol 1 County data that so dramatically underrepresents our risk was derived from the Cal Fire maps, which incorporate the moderate, high, and very high fire hazard designations made by the local jurisdictions.
This is why Woodside’s Very High Fire Hazard Severity Zone (VHFHSZ) is so large - Woodside adopted the Fire District’s findings and Cal Fire incorporated their designation into their map.
Page of 3 6
Fig. 2. Portola Valley’s HMP asserted public outreach at 3 meetings. Video recordings and meeting minutes indicate that the HMP wasn’t mentioned at any of these meetings. Meeting agenda packets contain no information about the HMP. Table 15-17 is from Vol 2 of the HMP, page 15-24.
Table 15-17. Local Public Outreach
Number of People
Local Outreach Activit Date Involved
Discussion at Council Meeting, Town Manager Report
Countywide Survey Promotion
Discussion at Council Meeting, Council Priorities FY 2021-22 Discussion at Planning Commission Meeting, Council Priorities FY 2021-22 2-24-21
3-18-21
4-28-21
5-5-21
1 N/A
N/A
N/A
N/A
It seems to me that the responsibility for the mischaracterizations of Vol 1 lies not with the County or the Staff or with Cal Fire, it lies with all the Town Councils since 2008 that have elected not to designated any moderate, high, or very high FHSZs in Portola Valley.
Regarding Portola Valley’s Chapter in Vol 2, the methodology of the Plan, the formal letter of intent from the Town, and Table 15-1 of Vol 2 make it clear that "This annex was developed by the local hazard mitigation planning team" and goes on to name specific members of the Town Staff, who presumably conducted this work under the supervision of the Mayor and Vice Mayor.
It’s worth citing for the record just how egregiously our hazard is misrepresented. Table 12 of our chapter in Vol 2 lists the Risk Ranking Score assigned to our natural hazards.
Our risk scoring is precisely identical what Woodside assigned for each of its natural hazards. Precisely identical … except for wildfire. Woodside identifies wildfire as its highest risk, by far. In contrast, PV assigns it approximately 1/3 of the risk cited by Woodside, far below earthquake, far below landslide. It’s even lower than weather. It’s barely greater than flooding and barely within the “medium risk” range.
This Plan is a clear example of why it’s critically important to have the public meaningfully engaged in work such as this.
I urge the Council to adopt this approach. Include the public in the revision of the Safety Element and in other planning and policy development that affects life safety, so that a year from now we’re not having this same conversation about issues that are even more consequential than FEMA’s Hazard Mitigation Plan.” Council Members Aalfs:
“Mayor, can I respond to that one?”
Mayor Hughes:
“Yes, I think there were a couple things that were worth correcting there. Go ahead” Council Members Aalfs:
“Yeah, I’ll start. That is simply not true.
The current FEMA map - and Dan and Bart please correct me if I’m getting this wrong - the FEMA map incorporates the High Fire…. the Very High Fire Hazard Severity Zones regardless of the … the fact that we didn’t adopt them in 2009 has no bearing on this hazard risk.
The reason that the hazard risk is ranked lower than it should be is partly because the FEMA[?] maps are inaccurate and partly because it doesn’t incorporate the high and moderate risk … it focuses on the Very High Fire Hazard Severity Zone.
That’s simply … The fact that the Council in 2009 did not adopt those maps does not have any bearing on this. That information was still incorporated in this. We had a low ranking regardless.
That’s the main thing I want to say to correct that, but if there’s anything you want to add, Craig, please.”
Page of 4 6
In fact, Council Member Aalfs’ assertions appear to be entirely incorrect.
A 2008 Almanac article documented the original Cal Fire recommendation for Very High Fire 1 Hazard Severity Zones (VHFHSZs) (Fig. 3, left panel, red) and the much more extensive area identified by Woodside Fire Protection District (orange) for the Town of Woodside. In contrast to Portola Valley, Woodside promptly made the VHFHSZ designations recommended by both fire safety authorities. Portola Valley did not formally designate the area identified by either Cal Fire or the much more extensive area identified by the Fire District as VHFHSZs.
Cal Fire adopted Woodside’s formal designation of VHFHSZ into its official maps, as is apparent in the current version of Cal Fire’s map (right-hand panel).
Compare these two maps to the HMP map for Woodside (Fig. 3, bottom panel). They’re 2 identical. Despite Council Member Aalfs’ claim, Woodside’s designation of VHFHSZ, which was based on the Fire District’s findings, was incorporated into the Cal Fire map, which was then incorporated into the risk assessment for Woodside’s HMP. 1 www.almanacnews.com/news/2008/06/23/woodside-sets-final-votebr-tonight-on-fire-hazard-map 2 Vol 1, page 21-32. www.smcgov.org/cmo/2021-multijurisdictional-lhmp Page of 5 6
Fig. 3. Upper left: Diagram from 2008 Almanac article showing Cal Fire’s original recommendation for Very High Fire Hazard Severity Zone (VHFHSZ) (red) and the much more extensive area identified by Woodside Fire Protection District (orange). Upper right: The current Cal Fire map reflects the VHFHSZs formally designated by the Town of Woodside (red). Bottom: The map included in the HMP for Woodside incorporates the Town’s designation of VHFHSZ.
Kings Mountain
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~ fi¥i? Woodside
+
In the same way, the risk assessment for Portola Valley would have included the effect of Moderate, High, and Very High Fire Hazard Severity Zones had the Town Council formally made such designations.
What the Town Council should do:
1. Immediately ask the Chairs of the Wildfire Preparedness Committee, the Emergency Preparedness Committee, and the Geologic Safety Committee to review the process by which the erroneous HMP was developed and to provide recommendations for improvement, including timely public inclusion of residents in the development and approval of our safety policies.
2. Immediately engage residents in the development of documents and policies that affect life-safety, including the Safety Element revision and the CEQA analysis for the General Plan revisions.
3. Immediately designate as Very High Fire Hazard Severity Zones the VHFHSZs identified by Woodside Fire Protection District and the Highest Hazard Areas identified by the Moritz study.
As pointed out by Zeke Lunder, the Town’s fire safety consultant, at the January 18, 2022 Housing Element meeting, these 14-year-old, 2nd generation maps understate our hazard and thus serve as a minimum characterization of our hazard. In Mr Lunder’s words in reference to the Moritz map: “If I was going to draw the red circles on the map, my map would have more red on it than his [ie, Moritz’s].”
The State mandate to make such designations has been ignored for over 12 years.
Residents have appealed to the Council to make these designations for years. For the sake of public safety, it’s long past time to make these formal designations.
4. Immediately begin the work of bringing Portola Valley into compliance with State mandates and Cal Fire regulations that apply to such VHFHSZs.
Thank you,
Bob Turcott
Page of 6 6
HENRY COHEN (DECEASED)
LA WREN CE A. JACOBSON
SEAN M. JACOBSON
Sharon Hanlon
Town Clerk
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
COHEN AND JACOBSON, LLP
ATTORNEYS AT LAW
66 BOVET ROAD
SUITE285
SAN MATEO, CALIFORNIA 94402
March 30, 2022
Cara Silver
Town Attorney
Town of Portola Valley
765 Portola Road
Portola Valley, California 94028
Re: Brown Act Violations and Public Records Act Request Dear Town Clerk and Town Attorney:
TELEPHONE: (650) 261-6280
FACSIMILE: (650) 368-6221
[email protected]
[email protected]
I write to you together with my co-counsel, Joseph McMonigle of Long & Levit, LLP, regarding violations of the Brown Act as detailed below. I am writing on behalf of the Portola Valley residents identified in the attached Exhibit A (the "Residents") for the following purposes:
1. To deliver this "cease and desist" letter regarding violations of the Brown Act that occurred during an online meeting of the Wildfire Preparedness Committee on March 1, 2022 (the "March 1 Violations") and, based upon content revealed at that meeting, similar violations regarding the business of other legislative bodies of town; to demand full disclosure and acknowledgment of all such violations, including the March 1 Violations; to demand cure and correction of all such violations, including the March 1 Violations; and to give notice of intent to seek further relief with respect to any future violations.
2. To request delivery of public records pursuant to the Public Records Act request set forth below.
We direct this letter to you pursuant to Government Code §54960.2(a)(l) and Government Code §6253. Please immediately provide a copy of this letter to Vice Mayor Sarah Wernikoff, Town Manager Jeremy Dennis, Wildfire Preparedness Committee Chairman Michael Tomars and Committee member Jennifer Youstra and request them to preserve and not delete, erase or destroy any of the records requested in this letter.
Brown Act Violations As Recorded
(California Government Code Sections 54950 et seq.)
The March 1, 2022 Meeting Video
The Wildfire Preparedness Committee held a publicly noticed, video-recorded meeting on March I, 2022 commencing at approximately 4:30 pm and concluding at approximately 7:20 pm. A portion of the video recording of the meeting posted by the Town of Portola Valley (the "March 1 Public Video") is accessible here.
The portion of the video recording time-stamped 2:26:00 through 2:26:50 of the March 1, 2022 meeting reveals clear evidence of non-public internet-based messaging between and among Town Council Liaison and Vice Mayor Sarah Wernikoff, committee members Jennifer Youstra and Michael Tomars, and Town Manager Jeremy Dennis relating to the business of the committee as well as the business of the Emergency Preparedness Committee.
As indicated below, a screenshot of Ms. Wernikoff's computer screen shows a record of private/non-public text messages sent or received by her during a portion of the meeting between 5:52 pm and 6:25 pm, including:
• A message exchanged with Committee Member Jennifer Youstra at 6:01 pm relating to Committee business,
• A message exchanged with Committee Chairman Michael Tomars at 6:14 pm relating to Committee business, and
• A message exchanged with Town Manager Jeremy Dennis at 6:25 pm relating to Committee business.
A Screenshot of a portion of the video displays certain offending communications:
Fig. 1. Screen shot at 2:26:39 showing private communication between Vice Mayor Wernikoff and Town Manager Dennis about the subject under deliberation, and documenting serial communication with Council Member Richards. Messages unrelated to Town business redacted.
The video recording does not reveal the extent of messages exchanged by Ms. Wernikoff regarding the meeting beyond the 33 minute time period between 5:52 and 6:25 displayed in her text box above. Nor does it indicate whether the full content of the messages exchanged at 6:01 and 6: 14 with Ms. Youstra or Mr. Tomars that are displayed.
The video does reveal, however, that the communication with Mr. Dennis at 6:25 entailed several messages, including a request to coordinate voting by members of the Emergency Preparedness Committee on business of that committee.
The March 1, 2022 Meeting Violations
The March 1 Public Video reveals multiple serious violations of the Brown Act, including without limitation:
• Private, internet-based texting between and among certain members of the committee, Liaison to the Town Council, and a town employee during the March 1 Meeting of the
Wildfire Preparedness Committee relating to the business of the Committee and the business of the Emergency Preparedness Committee;
• Non-public access to or disclosure of such private communications; • Private, non-public coordination of votes by the participants in the March 1 Violations and the persons identified in the March 1 Public Video relating to business of the Committee;
• Private, non-public coordination of votes by the Liaison to the Town Council, a town employee and certain members of the Emergency Preparedness Committee relating to business of the Committee; and
• Private, sequential communications of Liaison to the Town Council, a town employee, members of the Wildfire Preparedness Committee and Town Council relating to the business of the Wildfire Preparedness Committee and the Emergency Preparedness Committee.
Requested Actions
The Residents request a thorough investigation and written disclosure by the Town Council, the Wildfire Preparedness Committee, and the other addressees above, of the full extent of this violative conduct in this and other meetings, particularly but not exclusively those in which Sarah Wemikoffhas participated as Vice Mayor, committee member, or Liaison to the Town Council.
The Residents further request a written public acknowledgment that such private communications among public officials and Town employees relating to the conduct of the Town's public business is prohibited and will not reoccur.
With respect to any acknowledgment, cure and correction, the public has a right to know:
• What other non-public exchanges occurred during the March 1 meeting among meeting participants relating to the conduct of the committee's public business, the content of those communications and who was involved in them
• In what other town meetings or decision-making processes Sarah W ernikoff and/ or other town officials identified in the March 1 Public Video have engaged in similar non-public communications, and the identity of all officials involved in such communications • In what other circumstances Sarah W ernikoff and/ or other town officials identified in the March 1 Public Video acted to coordinate or orchestrate non-public decision-making of the town's legislative bodies through Town Manager Dennis, town officials, committee members or otherwise
While the Residents seek compliance with the provisions regarding past violations of the Brown Act, the Residents further hereby give notice of their intention to seek to identify and to seek to prevent, or gain redress with respect to, future violations of the Brown Act.
Legal Basis of The Brown Act Violations
Article 1, section 3 of the California Constitution clearly provides that:
"The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny." In furtherance of this constitutional mandate, the Brown Act expressly provides:
"The people of this State do not yield their sovereignty to the agencies which serve them.
The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." Government Code§ 54950.
Because the Town Council and its subordinate town committees and commissions exist to aid in the conduct of the people's business, their actions must be taken openly and their deliberations must be conducted openly. Id.
Section 54953(a) of the Brown Act provides that
"All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter."
Section 54953(c)(l) provides that:
"No legislative body shall take action by secret ballot, whether preliminary or final." The Brown Act expressly prohibits internet-based messaging among members of a legislative body regarding any matter within the body's jurisdiction:
"A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body." Government Code§ 54952.2(b)(3)(A).
If a legislative body elects to use teleconferencing, such as Zoom, to conduct a meeting, § 54953(b )(3) provides that it shall identify each teleconference location in the notice and agenda of the meeting, provide public access to each teleconference location, and conduct the meeting in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
Section 54952.2(b )(1) provides that:
"A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." The March 1 Public Video openly reveals the use of non-public texting during or regarding town meetings by Vice Mayor and Council Liaison Sarah Wemikoff, the persons identified in the video, and possibly others, including Town Manager Dennis, relating to the conduct of public business.
This practice not only excludes the public from the decision-making process but it also apparently excludes certain members of the committees involved, raising disturbing questions about the impartiality and private coordination of town decision-making. It also raises disturbing questions about serial non-public communications to lobby for or orchestrate decision-making by town committees.
Public Records Request
(Government Code§ 6250 et seq.)
Pursuant to the California Public Records Act, Government Code§ 6250 et seq., the Residents hereby request access to, and reproduction of, the following:
1. All records of all electronic and written communications (including all written reports and correspondence, phone, fax, electronic mail, instant messaging, and any new technologies that may have been utilized in effecting communications ( collectively and non-exclusively, the "Communications")) 1 between or among Sarah Wemikoff and one or more members of the Town Council, the Wildfire Preparedness Committee, the Ad Hoc Housing Element Committee or any town employee relating to the conduct of business of any such legislative body since December 1, 2021. 1 The Portola Valley Commission and Advisory Commission Policy and Procedures Handbook includes the Town's acknowledgment of the various forms of writings that are within the scope of the Brown Act as follows: "NOTE: The Brown Act applies to all forms of communication used in the deliberation of any public business, including but not limited to written reports and correspondence, phone, fax, electronic mail, instant messaging, and any new technologies that may be devised."
2. All records of all electronic and written Communications between or among Jeremy Dennis and one or more members of the Town Council, the Wildfire Preparedness Committee, the Emergency Preparedness Committee or any town employee relating to the conduct of business of any such legislative body since December 1, 2021.
3. All records of all electronic and written Communications between or among Michael Tomars and one or more members of the Wildfire Preparedness Committee, or any Council Liaison or town employee relating to the conduct of business of such legislative body since December 1, 2021.
4. All records of all electronic and written Communications between or among Jennifer Youstra and one or more members of the Town Council, the Wildfire Preparedness Committee, the Ad Hoc Housing Element Committee or any Council Liaison or town employee relating to the conduct of business of such legislative body since December 1, 2021.
The Residents further request that you (a) promptly inform the appropriate personnel of the Town of this public records request to assure timely compliance, (b) instruct each Town official whose records are sought by this request of their obligation and duty to preserve and produce their records of town business and not to delete, erase or destroy any such records, ( c) act to preserve and not destroy or erase any records of the communications referenced in this letter, including the communications covered by this request, and ( d) otherwise avoid all forms of spoilation of the records sought by this request.
Public Records Request Exclusions
The records sought by this request exclude Communications between and/or among individuals who do not serve as an employee of the town or member of the Town Council, the Wildfire Preparedness Committee or the Ad Hoc Housing Element Committee.
The records sought by this request exclude Communications that are subject to privilege or exemption provided, however, that as to any Communications as to which any responding party asserts any privilege or exemption as a basis of exclusion, the response must state the factual and legal basis for such assertions and describe the Communication with sufficient particularity to allow review of the validity of such assertions.
Legal Basis of this Public Records Request
When, as here, a Town official or employee uses a personal cell phone or internet account to communicate about the conduct of public business, the communications are subject to disclosure under the California Public Records Act (CPRA). City of San Jose v. Smith, 2 Cal.5th 608 (2017).
As the California Supreme Court noted in Smith, the California Public Records Act expressly provides that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." The Court in Smith explained the fundamental concept as follows:
"In 2004, voters made this principle part of our Constitution. A provision added by Proposition 59 states: 'The people have the right of access to information concerning the conduct of the people's business and, therefore, the writings of public officials and agencies shall be open to public scrutiny.' (Cal. Const., art. 1, § 3, subd. (b )(1 ).) Public access laws serve a crucial function. Openness in government is essential to the functioning of a democracy. 'Implicit in the democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.'" Proposition 59 further amended the Constitution to provide that rules regulating the people's right of access "shall be broadly construed if it furthers the people's right of access, and narrowly construed ifit limits the right of access." (Cal. Const., art. 1, § 3, subd. (b)(2).) If the Town or any other responding party contends that any portion of the records sought by this request are exempt from disclosure by express provisions of law, Government Code§ 6253(a) requires segregation and redaction of that material in order than the remainder of the records be released.
If the Town or any other responding party contends that any express provision oflaw exempts from disclosure all or any portion of the records sought by this request, Government Code§ 6253(c) requires the Town or other objecting party to notify the Residents of the reasons and basis of such contention not later than 10 days from receipt of this request.
Pursuant to Government Code§§ 6253(d) and 6255(b), any response to this request that includes an assertion of privilege or exemption must be in writing signed by the person responsible for the Town's response.
cc: Joseph McMonigle, Long & Levit LLP
Cohen and Jacobson, LLP
Long & Levit LLP
Exhibit "A"
This communication is sent on behalf of each and all of the following Residents:
Lloyd Day and Kristin Day
Ron Eastman
Bruce Roberts and Shirley Roberts
James Rooney
Jim Vernazza and Ellen Vernazza