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Agenda packet

Portola Valley City Council
June 8, 2022

Document
Agenda packet
Meeting
June 8, 2022
Body
Portola Valley City Council
Pages
175
Original file
63.1 MB
Text extracted from the city's file for reading and search. Open the original on www.portolavalley.net. That file is the official record.

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, June 8, 2022
7:00 P.M.

Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember

VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
https://us06web.zoom.us/j/84199471711?pwd=WkFxN1R0U3FDNUVhSVhwWVNFRHQ3dz09 Webinar ID: 841 9947 1711
Passcode: 028520
To access the meeting by phone:
1-669-900-6833 or
1-888-788-0099 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9

HYBRID MEETING
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028 Remote Meeting Covid-19 Advisory: On September 16, 2021, 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. COVID-19 is still a major health concern and virtual attendance to the Town Council meeting is encouraged, particularly during case increases.

Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record.

Additionally, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on your phone to "raise your hand" and *6 to mute/unmute yourself. The meeting Chair will call on people to speak by the phone number calling in.

We encourage anyone who has the ability to join the meeting online to do so. You will have access to any presentations that will be shown on your screen and can easily ask questions using the “raise your hand” feature when the Chair calls for them.

Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.

Availability of Information: Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. In accordance with SB343, Town Council agenda materials released less than 72 hours prior to the meeting, are available to the public at Town Hall, 765 Portola Road, Portola Valley, CA 94028.

Submittal of Agenda Items: The deadline for submittal of agenda items is 12:00 Noon WEDNESDAY of the week prior to the meeting. By law no action can be taken on matters not listed on the printed agenda unless the Town Council determines that emergency action is required. Non-emergency matters brought up by the public under Communications may be referred to the administrative staff for appropriate action.

Public Hearings: Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).

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Town of Portola Valley – Council Agenda
June 8, 2022

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1. CALL TO ORDER

2. REPORT OUT OF CLOSED SESSION
Not applicable/closed session not conducted

3. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items, not on the agenda. Speakers' time is limited to three minutes.

4. PRESENTATIONS - None

5. CONSENT AGENDA
The following items are voted on at once by the body, unless a member of the body requests an item be considered separately. Members of the public are permitted to comment on any item on the consent calendar before the body votes on the consent agenda.
a. Approval of Action Minutes for the Regular Meeting of May 11 and May 25, 2022 b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Receive Annual Housing Element Progress Report for Calendar Year 2021 e. Approve Loan Request from the Wayside II Road Maintenance District f. Review and Approve Amendment to Sustainability Committee Charter

6. REGULAR AGENDA
a. Adoption of a Resolution Authorizing the Mayor to Sign Amendment 2 to Town Attorney Legal Services Agreement
b. Receive Voting Delegate Form from the League of CA Cities and Discuss Attendance at the 2022 Annual Conference in Long Beach, CA September 7-9, 2022 c. Review the Proposed Budget for FY 2022-23

7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives.

There are no written materials and the Town Council does not take action under this agenda item.

8. TOWN MANAGER REPORT
There are no written materials and the Town Council does not take action under this agenda item.

9. WRITTEN COMMUNICATIONS
a. Town Council Digests – May 26 and June 2, 2022

10. ADJOURN TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation; Pursuant to Government Code Section 54956.9(d), (e)(5).

The Town received correspondence from a group of Portola Valley residents (Rusty Day, Kristin Day, Ron Eastman, Bruce Roberts, Shirley Roberts, James Rooney, Jim Vernazza and Ellen Vernazza) alleging that the Wildfire Preparedness Committee violated the Brown Act.

11. ADJOURNMENT
The next Regular Town Council meeting will be held on June 22, 2022 at 7:00 p.m.

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______________________________________________________________________________________

MINUTES
WEDNESDAY, May 11, 2022, 7:00 P.M.

1. Call to Order and Roll Call

Present: Councilmembers Aalfs, Richards and Derwin, Vice Mayor Wernikoff, and Mayor Hughes

Absent: None

2. Report out of Closed Session Report
a. Town Attorney Silver – Report out on the April 13, 2022, closed session.

Town Attorney Silver advised the Council conducted two close sessions on April 27, 2022:
one involving performance review of the Town Manager and the second involving anticipated litigation. There was no reportable action from either session.

3. Oral Communications
The following members of the public addressed the Town Council:
• Karen

4. Presentations
a. Resource Conservation District – Update on Sphere of Influence Kellyx Nelson, Executive Director, San Mateo County Resource Conservation District, gave a presentation on their operations, proposed changes to their boundaries, and opportunities for collaboration with the Town and residents.

Comments/questions were received on this item by Rita Comes and Caroline Vertongen.

5. Consent Agenda
a. Approval of Minutes – Action and Detailed Summary Minutes for the Regular and Special Meetings of April 27, 2022

TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, May 11, 2022

THIS SPECIAL MEETING WAS HELD VIA

VIDEOCONFERENCE ONLY

TOWN OF PORTOLA VALLEY

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b. Approval of Warrant List – May 5, 2022
c. Colleagues Memo from Mayor Hughes – Wildfire Preparedness Committee Charter Revision and Council Liaison Appointment
d. Recommendation from the Part Time Assistant to the Town Manager – Agreement with Recyclist for SB 1383 Recordkeeping Software.
e. Recommendation from Town Manager – Lease of Town Property to Ladera Oaks Councilmember Derwin pulled item 5.a.

M/S Wernikoff/Aalfs to approve items 5.b. through 5.e. on the Consent Agenda. Motion carried unanimously by roll call vote.

5.a. Approval of Minutes – Action and Detailed Summary Minutes for the Regular and Special Meetings of April 27, 2022
The minutes for the April 27th meeting were not approved and will be presented at the meeting of May 25, 2022 for approval.

6. Regular Agenda – Public Hearing
a. Recommendation from Town Attorney – Adoption of Resolution approving Amendment No. 6 to Town Manager Employment Agreement
Town Attorney Silver presented a Resolution approving amendments to the Town Manager’s employment agreement.

Motion
M/S Derwin/Aalfs to adopt the Resolution approving Amendment No. 6 to Town Manager Employment Agreement. Motion carried unanimously by roll call vote. b. Update – Green Building Ordinance Update
Assistant to the Town Manager Brandi de Garmeaux presented an update to the Green Building Ordinance, followed by Council questions and discussion.

Discussion item only. No motion taken.

7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS All five Council members provided reports on the last two week’s regional meetings, local committee meetings, subcommittee meetings, and other items of note.

8. TOWN MANAGER REPORT
The Town Manager provided his regular report.

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9. WRITTEN COMMUNICATIONS
The Council reviewed written communications for the body over the last two weeks.

10. ADJOURN TO CLOSED SESSION
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section §54957(b)(1)
Title – Town Attorney
Adjournment - The meeting was adjourned at 8:56 p.m.

The next regularly schedule meeting is scheduled for May 25, 2022 at 7:00 p.m.

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______________________________________________________________________________________

MINUTES
WEDNESDAY, May 25, 2022, 7:00 P.M.

1. CALL TO ORDER AND ROLL CALL

Present: Councilmembers Aalfs and Richards, Vice Mayor Wernikoff, and Mayor Hughes

Absent: Councilmember Derwin

2. REPORT OUT OF CLOSED SESSION
Not applicable/closed session not conducted

3. ORAL COMMUNICATIONS
The following members of the public addressed the Town Council:
• Rita Comes Whitney
• David Cardinal
• Leslie Kriese

4. PRESENTATIONS
a. Issue Proclamation to Paul Trudelle, Woodside Priory Teacher The Council congratulated Paul Trudelle from the Woodside Priory School on his retirement after 39 years of service
Public comments were received from:
• Danna (no last name provided)
• Patrick Ruff
b. Issue Proclamation Recognizing June 2022 as LGBGQ Pride Month The Council adopted a proclamation recognizing June 2022 as LGBTQ month

TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, May 11, 2022

THIS SPECIAL MEETING WAS HELD VIA

VIDEOCONFERENCE ONLY

TOWN OF PORTOLA VALLEY

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Public comments were received from:
• Tea Beat
c. Receive Presentation by Midpeninsula Regional Open Space District – Hawthorns Open Space Planning Efforts
The Council heard a presentation from the Midpeninsula Regional Open Space District on the ongoing development of the Hawthorns Open Space Preserve.

Public comments were received from:
• Leslie Kriese
• Caroline Vertongen
• Mary Cooper
• Rita Comes Whitney
• Kristi Corley
d. Receive recommendation from the Parks and Recreation Committee for a Permanent Pickleball Court
The Council heard a presentation from the Parks and Recreation Committee on the conversion of one of the courts at the All Sports Court to a full-time pickleball court.

The Town Council did not adopt the Committee’s recommendation and recommended additional engagement with residents on their thoughts and ideas.

Public comments were received from:
• Leslie Kriese
• David Cardinal
• Caroline Vertongen
• Steven Levin
• Unidentified speaker
• Greg Franklin
• Bob Adams
• Chris White
• Anne Kopf-Commissioner Sill
• Steve Rowe
• Taryn Lamm
• Tim T

5. CONSENT AGENDA
a. Approval of Action Minutes for the Regular Meeting of April 27, 2022 b. Approval of Warrant List for the date of April 19, 2022 c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Adoption of a Resolution Allowing a Rate Increase Under the Franchise Agreement for Collection and Processing of Mixed Compostable Materials, Recyclables and Yard Trimmings between the Town of Portola Valley and GreenWaste Recovery, Inc.

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e. Adoption of a Bicycle, Pedestrian, and Traffic Safety Committee Charter Amendment f. Adoption of a Parks and Recreation Commission Charter Amendment g. Receive Resignation Notices from Wildfire Prevention Committee Member and Sustainability Committee Member
h. Appointment of Members to the Historic Resources Committee and Wildfire Prevention Committee:
• Patty Dewes (Historic Resources)
• Dee Bailey (Wildfire Prevention)
• Wanda Ginner (Wildfire Prevention)
Public comments were received from:
• Rita Comes
• Caroline Vertongen
• Chris White
• Kristi Corley
• Caroline Vertongen
Motion
M/S Wernikoff/Aalfs moved to approve the Consent Agenda. Motion carried 4-0, with Councilmember Derwin absent, by roll call vote.

6. REGULAR AGENDA
a. Approve Updated Committee Handbook Policies on Code of Conduct The Council approved updates to the Town Committee and Commission Handbook Public comments were received from:
• Rita Comes
• Caroline Vertongen
Motion
M/S Richards/Aalfs to approve the updates to the Committee Handbook Policies on Code of Conduct. Motion carried 4-0, with Councilmember Derwin absent, by roll call vote. b. Approve Not-For-Profit Agency Funding Requests
The Council approved requests from regional not-for-profits for funding in the FY 2022-23 budget.

Public comments were received from:
• Caroline Vertongen

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Motion
M/S Aalfs/Wernikoff to approve the Not-For-Profit Agency Funding Requests. Motion carried 4-0, with Councilmember Derwin absent, by roll call vote.

7. COUNCIL LIAISON COMMITTEE AND REGIONAL REPORTS
All five Council members provided reports on the last two week’s regional meetings, local committee meetings, subcommittee meetings, and other items of note.

Public comments were received from:
• Kristi Corley

8. TOWN MANAGER REPORT
The Town Manager provided his regular report.

Public comments were received from:
• Rita Comes

9. WRITTEN COMMUNICATIONS
The Council reviewed written communications for the body over the last two weeks.

10. ADJOURN TO CLOSED SESSION
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section §54957(b)(1)
Title – Town Attorney
Adjournment – The meeting adjourned at 9:58 p.m.

The next regular meeting is scheduled for Wednesday June 8, 2022.

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apachreg Town of Portola Valley ntanori 06/03/2022 09:41 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2202 79 CALIFORNIA WATER SERVICE CO 358.00 06/08/222203 124 COMCAST 188.16 06/08/222204 136 CSI CUSTOM HOMES 2,000.00 06/08/222205 218 MISSIONSQUARE RETIREMENT 6,065.14 06/08/222206 244 JEANNETTE HOLLIDAY 4,776.87 06/08/222207 247 JEFF MORGAN 1,000.00 06/08/222208 269 KATHY WADDELL 1,152.00 06/08/222209 332 N.C.E. 16,131.25 06/08/222210 354 PATRICK BURRELL 2,809.93 06/08/222211 368 PG&E 358.00 06/08/222212 372 PINNACLE BUILDING & DESIGN 1,000.00 06/08/222213 385 RAY ROTHROCK 600.00 06/08/222214 399 ROBERT SICK 2,620.80 06/08/222215 406 RR DONNELLEY 591.02 06/08/222216 428 SHARP BUSINESS SYSTEMS 183.81 06/08/222217 445 STANDARD INSURANCE CO. 572.52 06/08/222218 448 STATE COMP INSURANCE FUND 5,315.25 06/08/222219 518 GOT GOPHERS? 1,050.00 06/08/222220 580 CABLECOM 1,676.17 06/08/222221 632 ROMERO CONSTRUCTION 2,000.00 06/08/222222 695 RYAN BREEN 800.00 06/08/222223 697 CYNTHIA ROWE 1,280.00 06/08/222224 698 MIA DIGIOVANNI 1,280.00 06/08/222225 719 KEVIN FORD 1,000.00 06/08/222226 727 JENNIFER FRASER 2,791.15 06/08/222227 734 BART DOLMATCH 1,141.74 06/08/222228 741 AMERICAN EAGLE ROOFING 1,000.00 06/08/222229 763 GODBY CONSTRUCTION 1,176.00 06/08/222230 767 KARL HEISELMAN 733.33 06/08/222231 834 ART OF CONSTRUCTION 219.00 06/08/222232 835 JENNIFER STALLEY 618.00 06/08/222233 836 MASTEC NORTH AMERICA 3,657.23 06/08/222234 837 SEPULVEDA LANDSCAPING 500.00 06/08/222235 838 VIRGINIA PISTILLI 1,000.00 06/08/222236 839 DAVID BARROW 1,200.00 06/08/222237 840 TODD JOHNSON 600.00 06/08/222238 841 CHRISTOPHER BADGER 600.00 06/08/222239 842 SEBASTIAN NAJBJERG 600.00 06/08/222240 843 KENNETH BROWNE 800.00 06/08/222241 844 STEVE DUSSE 1,200.00 06/08/222242 845 THOR AUDIO SOLUTIONS 7,500.00 06/08/22

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apachreg Town of Portola Valley ntanori 06/03/2022 09:41 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 80,145.37ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 80,145.37Check totals: 80,145.37ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 80,145.37

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apapdinv2 ntanori Town of Portola Valley Page 1
09:41 06/03/22 Paid Invoices by Date
From: 06/08/2022 to 06/08/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 79 CALIFORNIA WATER SERVICE CO
06/08/22 2202 Deposit Refund, 35 Prado 358.00 358.00 PW0080-2021 Vendor: 124 COMCAST
2203 WIFI 05.21.22 - 06.20.22 188.16 188.16 1945-JUN22
Vendor: 136 CSI CUSTOM HOMES
2204 Deposit Refund, 155 Willowbrook 2,000.00 1,000.00 BLDR0035-2021 Deposit Refund, 177 Brookside 1,000.00 BLDR0051-2021
Vendor: 218 MISSIONSQUARE RETIREMENT
2205 Defer Comp, May 2022 6,065.14 6,065.14 MAY2022_DEFCOMP Vendor: 244 JEANNETTE HOLLIDAY
2206 Deposit Refund, 160 Fawn 4,776.87 4,776.87 PLN_ARCH0004-20 Vendor: 247 JEFF MORGAN
2207 PV Palooza Summer Music Festival 2022 1,000.00 1,000.00 06112022 Vendor: 269 KATHY WADDELL
2208 Spring 2022 Classes 1,152.00 1,152.00 SPRING-2022
Vendor: 332 N.C.E.
2209 2022 Street Resurfacing Project Through 04/08/2022 16,131.25 16,131.25 424275502 Vendor: 354 PATRICK BURRELL
2210 Deposit Refund, 40 Sioux Way 2,809.93 844.25 BPLR0010-2020 Deposit Refund, 40 Sioux Way 1,276.18 BLDR0180-2018-4Deposit Refund, 40 Sioux Way 689.50 BLDR0022-2021 Vendor: 368 PG&E
2211 Deposit Refund, 846-850 Portola 358.00 358.00 PW0047-2020 Vendor: 372 PINNACLE BUILDING & DESIGN
2212 Deposit Refund, 501 Portola 12K 1,000.00 1,000.00 BLDR0197-2021 Vendor: 385 RAY ROTHROCK
2213 PV Palooza Summer Music Festival 2022 600.00 600.00 06112022 Vendor: 399 ROBERT SICK
2214 Deposit Refund, 20 Navajo 2,620.80 2,620.80 BLDR0217-2019-3 Vendor: 406 RR DONNELLEY
2215 White Envelopes 591.02 591.02 246521980

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apapdinv2 ntanori Town of Portola Valley Page 2
09:41 06/03/22 Paid Invoices by Date
From: 06/08/2022 to 06/08/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 428 SHARP BUSINESS SYSTEMS
2216 April Copies 183.81 183.81 9003795541
Vendor: 445 STANDARD INSURANCE CO.
2217 LTD/Life Premium 572.52 572.52 2022-MAY
Vendor: 448 STATE COMP INSURANCE FUND
2218 WC Premium, 05/19/22 - 06/19/22 5,315.25 5,315.25 1000669670 Vendor: 518 GOT GOPHERS?
2219 Town Fields Gopher Trapping - May 2022 1,050.00 1,050.00 28609 Vendor: 580 CABLECOM
2220 Deposit Refund 1,676.17 1,676.17 PW0002-2016
Vendor: 632 ROMERO CONSTRUCTION
2221 Deposit Refund, 319 Corte Madera 2,000.00 1,000.00 BLDR0084-2020 Deposit Refund, 166 Crescent 1,000.00 BLDR0031-2021
Vendor: 695 RYAN BREEN
2222 PV Palooza Summer Music Festival 2022 800.00 800.00 06112022 Vendor: 697 CYNTHIA ROWE
2223 Spring 2022 Classes 1,280.00 1,280.00 SPRING-2022
Vendor: 698 MIA DIGIOVANNI
2224 Spring 2022 Classes 1,280.00 1,280.00 SPRING-2022
Vendor: 719 KEVIN FORD
2225 Deposit Refund, 235 Nathhorst 1,000.00 1,000.00 BLDR0089-2020 Vendor: 727 JENNIFER FRASER
2226 Deposit Refund, 105 Santa Maria 2,791.15 2,791.15 BLDR0110-2019-2 Vendor: 734 BART DOLMATCH
2227 Deposit Refund, 16 Santa Maria 1,141.74 1,141.74 BLDR0281-2017-4 Vendor: 741 AMERICAN EAGLE ROOFING
2228 Deposit Refund, 230 Corte Madera 1,000.00 1,000.00 BLDR0034-2022 Vendor: 763 GODBY CONSTRUCTION
2229 Deposit Refund, 40 Sioux Way 1,176.00 863.00 PW0027-2021 Deposit Refund, 40 Sioux Way 313.00 PW0031-2020

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apapdinv2 ntanori Town of Portola Valley Page 3
09:41 06/03/22 Paid Invoices by Date
From: 06/08/2022 to 06/08/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 767 KARL HEISELMAN
2230 Deposit Refund, 295 Cervantes Rd 733.33 733.33 BLDR0089-2021 Vendor: 834 ART OF CONSTRUCTION
2231 Deposit Refund, 175 Fawn 219.00 219.00 PW0053-2021 Vendor: 835 JENNIFER STALLEY
2232 Deposit Refund, 19765 Skyline 618.00 583.00 BLDR0055-2021 Deposit Refund, 19765 Skyline 35.00 PLN_ARCH0012-20
Vendor: 836 MASTEC NORTH AMERICA
2233 Deposit Refund, 4330 Alpine 3,657.23 396.07 PW0017-2019 Deposit Refund, 1 Sierra 640.35 PW0007-2019Deposit Refund, Cervantes Rd 1,074.80 PW0049-2019Deposit Refund, 15 Golden Oak 1,546.01 PW0018-2019 Vendor: 837 SEPULVEDA LANDSCAPING
2234 Deposit Refund, 15 Adair Lane 500.00 500.00 PW0015-2019 Vendor: 838 VIRGINIA PISTILLI
2235 PV Palooza Summer Music Festival 2022 1,000.00 1,000.00 06112022 Vendor: 839 DAVID BARROW
2236 PV Palooza Summer Music Festival 2022 1,200.00 1,200.00 06112022 Vendor: 840 TODD JOHNSON
2237 PV Palooza Summer Music Festival 2022 600.00 600.00 06112022 Vendor: 841 CHRISTOPHER BADGER
2238 PV Palooza Summer Music Festival 2022 600.00 600.00 06112022 Vendor: 842 SEBASTIAN NAJBJERG
2239 PV Palooza Summer Music Festival 2022 600.00 600.00 06112022 Vendor: 843 KENNETH BROWNE
2240 PV Palooza Summer Music Festival 2022 800.00 800.00 06112022 Vendor: 844 STEVE DUSSE
2241 PV Palooza Summer Music Festival 2022 1,200.00 1,200.00 06112022 Vendor: 845 THOR AUDIO SOLUTIONS
2242 PV Palooza Summer Music Festival 2022 7,500.00 7,500.00 13638 Check Date Totals 80,145.37

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Grand Total 80,145.37

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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
June 8, 2022
Claims totaling $80,145.37 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Sharon Hanlon, Town Clerk Mayor

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: June 8, 2022
RE: Adoption of Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely

RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely.

BACKGROUND
On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The bill extends the teleconference procedures authorized in Executive Order N-29-20 (set to expire September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill.

Effective October 1, 2021, cities must comply with AB 361 if they want to conduct remote meetings.

AB 361 applies to meetings during a proclaimed state of emergency and the legislative body has made a finding that meeting in person would "present an imminent risk to the health or safety of attendees". “State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.

AB 361 requires several procedural safeguards, such as giving the public ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, requirement to stop meeting if call-in or internet-based option fails due to measures under the control of the Town, comments may not be required to be submitted in advance, and pre-registrations (except as required by callin or internet platform) are prohibited.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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Resolution Confirming Need to Conduct Remote Public Meetings June 8, 2022

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Public members must be given a reasonable time to register to provide public comment and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired.

If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.

DISCUSSION
Town staff has installed a new system in the Schoolhouse to accommodate hybrid remote meetings. This system has also been installed in the Community Hall. On April 27, 2022, the Council conducted its first hybrid meeting and plans to continue meeting this way.

However, some members of the Council, its commissions/committees, staff and the public may want to continue attending remotely. Given the continued presence of COVID-19 in the community, in person meetings would present an imminent risk to the health or safety of certain attendees.

AB 361 requires the Council to make a regular finding confirming the state of emergency and the need for continued remote meetings. Staff will therefore be agendizing this finding on every Council meeting agenda until a decision to transition to completely in person meetings has been made. Council will also be requested to make these findings on behalf of its commissions and committees as well, so there is a uniform policy on public meetings.

FISCAL IMPACT
There is no fiscal impact associated with continued remote meetings.

ATTACHMENT

1. Resolution

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1 RESOLUTION NO. ____

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA

VALLEY CONFIRMING EXISTING STATE EMERGENCY AND AUTHORIZING CONTINUED REMOTE PUBLIC MEETINGS UNDER AB 361
The Town Council of the Town of Portola Valley does RESOLVE as follows:

WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic and the State of Emergency remains in effect; WHEREAS, beginning in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting; WHEREAS, Executive Order N-08-21 extended the previous order until September 30, 2021;
WHEREAS, the Town Council and the Town’s boards, commissions, and committees have conducted their meetings virtually, as authorized by the Executive Order, since March 17, 2020;
WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (“AB 361”), which provides that a local agency legislative body may continue to meet remotely without complying with otherwise-applicable requirements in the Brown Act related to remote/teleconference meetings by local agency legislative bodies, provided that a state of emergency has been declared and the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees, and provided that the legislative body continues to make such findings at least every 30 days during the term of the declared state of emergency;
WHEREAS, Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”) require certain employers to implement social distancing requirements in the work place during the current COVID-19 pandemic; and effective February 14, 2022, the Town Manager issued updated work place guidelines imposing safety protocols on persons attending Town Hall facilities;
WHEREAS, in the last few months, while hospitalizations and severe illnesses have gone down, new COVID-19 variants have emerged and continued to impact the County’s hospital capacity;
WHEREAS, these variants are believed by medical experts to be even more contagious as previous variants, and data has shown the variant has increased transmissibility even among some vaccinated people;

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2 WHEREAS, due to uncertainty and concerns about the continuing presence of COVID-19 variants, many workplaces that had announced a return to regular in-person operations have pushed back the full return date until later in the year or next year; WHEREAS, virtual meetings have not diminished the public’s ability to observe and participate and have expanded opportunities to do so for some communities; and WHEREAS, given the heightened risks of the predominant variant of COVID-19 in the community, holding meetings with all members of the legislative body, staff, and the public in attendance in person in a shared indoor meeting space would pose an unnecessary and immediate risk to the attendees.

WHEREAS, the Council has again reconsidered the circumstances of the state of emergency and finds that the state of emergency continues to impact the ability of members of the Town Council, commissions and committees and public to meet in person because there is a continuing threat of COVID19 to the community, and because Town meetings have characteristics that give rise to risks to health and safety of meeting participants (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to participate fully in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings);
WHEREAS, persons experiencing any potential symptoms of COVID-19, or who test positive but are asymptomatic, or who are exposed to someone with COVID19, should follow medical advice regarding self-isolation or self-quarantine, avoiding public gatherings such as in-person meetings of public agencies, and should be able to do so without sacrificing their right to participate in public business during periods of self-isolation or selfquarantine; WHEREAS, the onset of symptoms of COVID-19 or a positive test may occur too close to the start of a meeting for alternative arrangements for attendance to be made consistently with the Brown Act, such that a remote attendance option for public meetings should be maintained for as long as COVID transmission remains a potential risk of inperson meetings; WHEREAS, the Town Council has an important interest in protecting the health and safety of those who participate in public Town meetings; and WHEREAS, the Town Council finds that this state of emergency continues to directly impact the ability of members of the Town Council and its commissions and committees to meet safely in person and that meeting in person would present imminent risks to the health or safety of attendees, and the Council will therefore continue to invoke the provisions of AB 361 related to teleconferencing for meetings of the Town Council and its commissions and committees in order to provide its members as well as staff and members of the public with

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3 the option of participating in its meetings remotely whenever necessary or advisable for them to do so.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:

1. The Town Council adopts the recitals set forth above as findings of fact.

2. The Town Council finds that meeting in person would present imminent risks to the health or safety of attendees.

3. In accordance with AB 361, based on the findings and determinations herein, meetings of the Town Council and Town commissions and committees will be held virtually, either completely or partially, with Brown Act teleconferencing rules suspended.

4. Staff is directed to return no later than thirty (30) days after the adoption of this resolution to consider making the findings required by AB 361 in order to continue meeting under its provisions.

PASSED AND ADOPTED this 8th day of June 2022.

By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Melissa Thurman, Town Clerk

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
DATE: June 8, 2022
RE: Receive Annual Housing Element Progress Report for Calendar Year 2021

RECOMMENDATION
Staff recommends receiving the report and providing any comments to staff for inclusion in the submittal to Department of Housing and Community Development.

BACKGROUND
The Town of Portola Valley’s (Town) Housing Element examines the success of past housing efforts, evaluates the need for and status of housing in the town, considers constraints to expanding the housing supply, and identifies sites available for housing. The Housing Element also responds to requirements set forward in California Government Code.

State law also requires that the Town submit a Housing Element Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD) and the governor’s Office of Planning and Research (OPR). This report must be provided on forms developed by HCD and completed by Town staff each year. The information collected for the report covers each calendar year. The Town’s progress towards meeting its goals is tracked through issued building permits in the calendar year. Staff have prepared the Town’s APR covering the 2021 Calendar Year.

Additionally, the State requires that all local governments adequately plan to meet the housing needs of everyone in the respective community. The HCD works with regional planning bodies to meet affordable- and market-rate housing production goals which are described in each region’s Regional Housing Needs Allocation (RHNA) Plan. HCD calculate statewide housing needs based upon population projections and regional population forecasts. The Town is currently updating its Housing Element; detailed information is available on the Town’s website at www.portolavalley.net/housingelement.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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Housing Element Annual Report June 8, 2022
The APR also includes brief descriptions and updates on the programs from the Town’s adopted 2015 Housing Element, which was certified by the California Department of Housing and Community Development on January 30, 2015.

State law requires that the governing body consider the APR at a public meeting where members of the public are invited to comment. The Planning Commission reviewed the annual report at their June 1, 2022 meeting.

DISCUSSION
The Town of Portola Valley’s RHNA is 64 net new units for the 2015 to 2023 housing cycle.

In 2021, 12 building permits were issued for net new housing units. Those permits included 11 new Accessory Dwelling Units (ADUs) and one single-family home. The new total number of net new units during this RHNA cycle is 101. Portola Valley has continued to make progress towards increasing the housing stock and has exceeded the total number of units assigned to the Town through the RHNA process; however, there is a deficiency in the lowincome category. The units are distributed across income categories as shown in the table below.

Town’s Progress in Meeting RHNA Goals
Income
Category
RHNA
Allocation
2021 Units
(permits issued)
Total Units to
Date
Remaining
RHNA
Very Low 21 6 38
Low 15 1 8 7
Moderate 15 1 15
Above
Moderate
13 4 39
Total 64 12 100
The Annual Report also includes reports on the Programs in the Housing Element, which are included below.

Program 1: Inclusionary Housing
The Town Council adopted the Housing Strategic Plan in 2016 and the implementation is ongoing. At that time, Council postponed additional work on the inclusionary housing program to ensure the approach was comprehensive in light of other housing efforts. In late 2018, Council formed a Subcommittee to discuss the potential changes to the Inclusionary Housing Program and how to use the existing funds. That work was postponed by the pandemic. The Town Council recognized that the increase in the Town’s RHNA for the 2023- 2031 Housing Element Update would be significant and that more broad housing solutions would be necessary to meet the Town’s housing obligations in coming years. Updates to the Inclusion Housing Program and use of the available funds are being discussed as part of the Housing Element Update process happening how.

Page 23 of 175 ends
Page 3 ends

Housing Element Annual Report June 8, 2022
Program 2: Affiliated Housing
Priory School completed construction on six units of housing in 2021. Stanford’s 39 unit housing project (inclusive of 12 BMR units) for the Wedge Property is currently in review.

The Sequoias conducted geologic feasibility studies and is considering a project with additional senior units and workforce housing. The Town Council voted to expand the Affiliated Housing Program to add two additional partners.

Program 3: Second Units / Accessory Dwelling Units (ADUs) Town Council approved the amendments outlined in the Housing Element in 2015.

Additional amendments were adopted in compliance with 2017 State law changes. In 2017, the Town received a grant from Home for All to conduct community workshops on housing topics, which were held in 2018. Accessory Dwelling Units became a focus of that effort. In fall of 2018, additional zoning code amendments were considered to further encourage ADUs and allow ADUs in all zoning districts. The ordinance was adopted in early 2019. In 2021, the Town adopted another set of amendments for compliance with State law.

Program 4: Shared Housing
The Housing Element calls for the Town to work with HIP Housing to publicize their home sharing program to help increase resident participation. HIP Housing is a non-profit organization based in San Mateo County that seeks to invest in human potential by improving housing and lives. Staff helped promote the program by providing a booth at the Farmers’ Market and forwarding their informational fliers to the PV Forum. Information on HIP’s program is also available at Town Hall and the library, and on the Town’s website.

Staff plans to expand exposure to the program by including it in future discussions and promotion of ADUs and housing options.

Program 5: Fair Housing
The Town has publicized the County-wide fair housing program Project Sentinel, a housing counseling agency, by making brochures and handouts available at both Town Hall and the library. Information on Project Sentinel is available on the Town website.

Program 6: Energy Conservation and Sustainability
Town Council approved the Green Building Ordinance in 2020 and staff has been reviewing applications for compliance since it went into effect. The Town Council recently held study sessions and provided feedback for another update to the Green Building Ordinance.

Program 7: Explore Future Housing Needs
Council identified housing as a significant priority three years in a row. In 2019, the Ad Hoc Housing on Town-Owned Property Committee reviewed properties owned by the Town that may be suitable for housing and reported back to Council. That process was valuable and resulted in a list of sites that have been used in the Housing Element Update process.

Communications with residents on housing topics continued at a high level in 2021. The Ad Hoc Housing Element Committee was appointed and began meeting in August 2021.

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Page 4 ends

Housing Element Annual Report June 8, 2022
Program 8: Transitional and Supportive Housing Ordinance Amendments The Transitional and Supportive Housing Code amendments have been drafted and will be reviewed by the Planning Commission and Town Council in summer 2022. In December 2021, the Town approved a Supportive Housing project with 11 units for adults with developmental delays.

ATTACHMENT

1. EXCERPT: Annual Housing Element Progress Report for Calendar Year 2021

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Page 1 of 12 ends

Jurisdiction Portola Valley ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Unit 2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Summary Row: Start Data Entry Below 0 2 11 0 0 0
079-101-220 370 Golden Oak PLN_ARCH17-2020 ADU R 1
077-051-030 35 Possum PLN_ARCH01-2021 SFD O
077-051-030 35 Possum PLN_ARCH01-2021 ADU R 1
079-030-150 214 Grove PLN_ARCH02-2021 SFD O
079-072-120
4388 Alpine PLN_ARCH18-2021
5+ R 11
076-380-110 531 Wayside PLN_ARCH15-2020 SFD O
079-060-940 77 Palmer PLN_ARCH03-2021 SFD O
077-070-140 138 Goya PLN_ARCH06-2020 SFD O
077-070-140 138 Goya PLN_ARCH06-2020 ADU R
079-011-050 229 Grove BLDR0174-2021 ADU R
079-151-260 150 Corte Madera BLDR0109-2021 ADU R
079-011-080 155 Grove BLDR0110-2021 ADU R
079-101-220 370 Golden Oak BLDR0093-2021 ADU R
079-181-240 166 Crescent BLDR0031-2021 ADU R
080-020-080 5588 Alpine BLDR0023-2019 SFD O
079-011-150 45 Stonegate BLDR0099-2020 ADU R
1 4
(CCR Title 25 §6202)
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlem

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Page 2 of 12 ends

Jurisdiction Portola Valley ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Unit 2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Summary Row: Start Data Entry Below 0 2 11 0 0 0
1 4
(CCR Title 25 §6202)
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlem 079-074-210 10 Paso del Arroyo BLDR0154-2020 ADU R
077-253-020 151 Cervantes BLDR0133-2020 ADU R
079-072-030 235 Nathhorst BLDR0089-2020 ADU R
079-121-210 145 Bear Gulch BLDR0216-2019 ADU R
079-160-130 225 Portola BLDR0066-2020 ADU R
076-261-160 848 Portola BLDR0051-2019 ADU R
076-261-160 848 Portola BLDR0051-2019 SFD R
076-261-180 850 Portola BLDR0052-2019 SFD O
076-261-180 850 Portola BLDR0098-2020 ADU R
079-102-070 345 Golden Oak BLDR0303-2017 ADU R
077-070-110 200 Goya BLDR0286-2017 ADU R
077-225-090 175 Fawn BLDR0169-2019 ADU R
077-310-040 40 Sioux BLDR0182-2018 ADU R
077-242-110 25 Kiowa BLDR0075-2019 ADU R
077-090-200 727 Westridge BLDR0056-2018 ADU R
079-073-120 67 Hillbrook BLDR0230-2018 ADU R

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Page 3 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
079-101-220 370 Golden Oak PLN_ARCH17-2020
077-051-030 35 Possum PLN_ARCH01-2021
077-051-030 35 Possum PLN_ARCH01-2021
079-030-150 214 Grove PLN_ARCH02-2021
079-072-120
4388 Alpine PLN_ARCH18-2021
076-380-110 531 Wayside PLN_ARCH15-2020
079-060-940 77 Palmer PLN_ARCH03-2021
077-070-140 138 Goya PLN_ARCH06-2020
077-070-140 138 Goya PLN_ARCH06-2020
079-011-050 229 Grove BLDR0174-2021
079-151-260 150 Corte Madera BLDR0109-2021
079-011-080 155 Grove BLDR0110-2021
079-101-220 370 Golden Oak BLDR0093-2021
079-181-240 166 Crescent BLDR0031-2021
080-020-080 5588 Alpine BLDR0023-2019
079-011-150 45 Stonegate BLDR0099-2020
1 Project Identifier
Cells in grey contain auto-calculation formulas
ts
5 6 8
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
8 21 0 6 0 1 0 1 4
5/24/2021 1 1 10/7/2021
1 8/18/2021 1
8/18/2021 1
1 10/6/2021 1
2 12/13/2021 13
1 9/15/2021 1
1 6/28/2021 1
1 1/13/2021 1
1 1/13/2021 1 1 8/30/2021
0 1 12/20/2021
0 1 9/24/2021
0 1 11/29/2021
0 1 10/7/2021
0 1 10/1/2021
0 1 2/8/2021
0 1 7/6/2021
7 Note: "+" indicates an optional field
ent Affordability by Household Incomes - Building Permits

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Page 4 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
1 Project Identifier
079-074-210 10 Paso del Arroyo BLDR0154-2020
077-253-020 151 Cervantes BLDR0133-2020
079-072-030 235 Nathhorst BLDR0089-2020
079-121-210 145 Bear Gulch BLDR0216-2019
079-160-130 225 Portola BLDR0066-2020
076-261-160 848 Portola BLDR0051-2019
076-261-160 848 Portola BLDR0051-2019
076-261-180 850 Portola BLDR0052-2019
076-261-180 850 Portola BLDR0098-2020
079-102-070 345 Golden Oak BLDR0303-2017
077-070-110 200 Goya BLDR0286-2017
077-225-090 175 Fawn BLDR0169-2019
077-310-040 40 Sioux BLDR0182-2018
077-242-110 25 Kiowa BLDR0075-2019
077-090-200 727 Westridge BLDR0056-2018
079-073-120 67 Hillbrook BLDR0230-2018
Cells in grey contain auto-calculation formulas
ts
5 6 8
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
8 21 0 6 0 1 0 1 4
7 Note: "+" indicates an optional field
ent Affordability by Household Incomes - Building Permits 0 1 6/10/2021
0 1 6/4/2021
0 1 5/26/2021
0 1 7/14/2020
0 1 11/2/2020
0 1 7/16/2020
0 1 7/16/2020
0 0
0 0
0 0
0 0
0 0
0 0
0

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Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
079-101-220 370 Golden Oak PLN_ARCH17-2020
077-051-030 35 Possum PLN_ARCH01-2021
077-051-030 35 Possum PLN_ARCH01-2021
079-030-150 214 Grove PLN_ARCH02-2021
079-072-120
4388 Alpine PLN_ARCH18-2021
076-380-110 531 Wayside PLN_ARCH15-2020
079-060-940 77 Palmer PLN_ARCH03-2021
077-070-140 138 Goya PLN_ARCH06-2020
077-070-140 138 Goya PLN_ARCH06-2020
079-011-050 229 Grove BLDR0174-2021
079-151-260 150 Corte Madera BLDR0109-2021
079-011-080 155 Grove BLDR0110-2021
079-101-220 370 Golden Oak BLDR0093-2021
079-181-240 166 Crescent BLDR0031-2021
080-020-080 5588 Alpine BLDR0023-2019
079-011-150 45 Stonegate BLDR0099-2020
1 Project Identifier
9 # of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
12 0 6 0
1 0
0 0
0 0
0 0
1 1
1 1
1 1
1 1
Afforda

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Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
1 Project Identifier
079-074-210 10 Paso del Arroyo BLDR0154-2020
077-253-020 151 Cervantes BLDR0133-2020
079-072-030 235 Nathhorst BLDR0089-2020
079-121-210 145 Bear Gulch BLDR0216-2019
079-160-130 225 Portola BLDR0066-2020
076-261-160 848 Portola BLDR0051-2019
076-261-160 848 Portola BLDR0051-2019
076-261-180 850 Portola BLDR0052-2019
076-261-180 850 Portola BLDR0098-2020
079-102-070 345 Golden Oak BLDR0303-2017
077-070-110 200 Goya BLDR0286-2017
077-225-090 175 Fawn BLDR0169-2019
077-310-040 40 Sioux BLDR0182-2018
077-242-110 25 Kiowa BLDR0075-2019
077-090-200 727 Westridge BLDR0056-2018
079-073-120 67 Hillbrook BLDR0230-2018
9 # of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
12 0 6 0
Afforda
1 1
1 1 1
1 1
1 0
0 1
0 1
0 1
0 1
0 1
0 0
0 0
0 0
0

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Page 7 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
079-101-220 370 Golden Oak PLN_ARCH17-2020
077-051-030 35 Possum PLN_ARCH01-2021
077-051-030 35 Possum PLN_ARCH01-2021
079-030-150 214 Grove PLN_ARCH02-2021
079-072-120
4388 Alpine PLN_ARCH18-2021
076-380-110 531 Wayside PLN_ARCH15-2020
079-060-940 77 Palmer PLN_ARCH03-2021
077-070-140 138 Goya PLN_ARCH06-2020
077-070-140 138 Goya PLN_ARCH06-2020
079-011-050 229 Grove BLDR0174-2021
079-151-260 150 Corte Madera BLDR0109-2021
079-011-080 155 Grove BLDR0110-2021
079-101-220 370 Golden Oak BLDR0093-2021
079-181-240 166 Crescent BLDR0031-2021
080-020-080 5588 Alpine BLDR0023-2019
079-011-150 45 Stonegate BLDR0099-2020
1 Project Identifier Streamlining Infill
11 12 13 14 15 16
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
1 0 2 4 13 12 0
0 1 N Y
0 0 N N
0 1 N Y
0 0 N N
0 0
N Y
0 0 N Y
0 0 N Y
0 0 N N
0 1 N Y
0 1 N Y
0 1 N Y
0 1 N Y
0 1 N Y
0 0 N Y
0 0 N Y
0 0 N Y
ability by Household Incomes - Certificates of Occupancy Housing with Finan and/or Deed R
10

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Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
1 Project Identifier
079-074-210 10 Paso del Arroyo BLDR0154-2020
077-253-020 151 Cervantes BLDR0133-2020
079-072-030 235 Nathhorst BLDR0089-2020
079-121-210 145 Bear Gulch BLDR0216-2019
079-160-130 225 Portola BLDR0066-2020
076-261-160 848 Portola BLDR0051-2019
076-261-160 848 Portola BLDR0051-2019
076-261-180 850 Portola BLDR0052-2019
076-261-180 850 Portola BLDR0098-2020
079-102-070 345 Golden Oak BLDR0303-2017
077-070-110 200 Goya BLDR0286-2017
077-225-090 175 Fawn BLDR0169-2019
077-310-040 40 Sioux BLDR0182-2018
077-242-110 25 Kiowa BLDR0075-2019
077-090-200 727 Westridge BLDR0056-2018
079-073-120 67 Hillbrook BLDR0230-2018
Streamlining Infill
11 12 13 14 15 16
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
1 0 2 4 13 12 0
ability by Household Incomes - Certificates of Occupancy Housing with Finan and/or Deed R
10 0 0 N Y
0 0 N Y
0 0 N Y
7/15/2021 1 1 N Y
1 8/20/2021 1 0 N Y
1 4/30/2021 1 0 N Y
1 4/30/2021 1 0 N N
1 7/15/2021 1 0 N Y
7/23/2021 1 1 N Y
6/8/2021 1 1 N Y
6/16/2021 1 1 N Y
10/6/2021 1 1 N Y
12/1/2021 1 0 N Y
1 2/10/2021 1 0 N Y
1 2/19/2021 1 0 N Y
1 3/25/2021 1 0 N Y
0 0
0 0

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Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
079-101-220 370 Golden Oak PLN_ARCH17-2020
077-051-030 35 Possum PLN_ARCH01-2021
077-051-030 35 Possum PLN_ARCH01-2021
079-030-150 214 Grove PLN_ARCH02-2021
079-072-120
4388 Alpine PLN_ARCH18-2021
076-380-110 531 Wayside PLN_ARCH15-2020
079-060-940 77 Palmer PLN_ARCH03-2021
077-070-140 138 Goya PLN_ARCH06-2020
077-070-140 138 Goya PLN_ARCH06-2020
079-011-050 229 Grove BLDR0174-2021
079-151-260 150 Corte Madera BLDR0109-2021
079-011-080 155 Grove BLDR0110-2021
079-101-220 370 Golden Oak BLDR0093-2021
079-181-240 166 Crescent BLDR0031-2021
080-020-080 5588 Alpine BLDR0023-2019
079-011-150 45 Stonegate BLDR0099-2020
1 Project Identifier
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
17 18 19
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
0 Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
DB
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
ncial Assistance
Restrictions Demolis

Page 34 of 175 ends
Page 10 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
1 Project Identifier
079-074-210 10 Paso del Arroyo BLDR0154-2020
077-253-020 151 Cervantes BLDR0133-2020
079-072-030 235 Nathhorst BLDR0089-2020
079-121-210 145 Bear Gulch BLDR0216-2019
079-160-130 225 Portola BLDR0066-2020
076-261-160 848 Portola BLDR0051-2019
076-261-160 848 Portola BLDR0051-2019
076-261-180 850 Portola BLDR0052-2019
076-261-180 850 Portola BLDR0098-2020
079-102-070 345 Golden Oak BLDR0303-2017
077-070-110 200 Goya BLDR0286-2017
077-225-090 175 Fawn BLDR0169-2019
077-310-040 40 Sioux BLDR0182-2018
077-242-110 25 Kiowa BLDR0075-2019
077-090-200 727 Westridge BLDR0056-2018
079-073-120 67 Hillbrook BLDR0230-2018
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
17 18 19
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
0 ncial Assistance
Restrictions Demolis
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study
Conservative interpretation of
Countywide study

Page 35 of 175 ends
Page 11 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
079-101-220 370 Golden Oak PLN_ARCH17-2020
077-051-030 35 Possum PLN_ARCH01-2021
077-051-030 35 Possum PLN_ARCH01-2021
079-030-150 214 Grove PLN_ARCH02-2021
079-072-120
4388 Alpine PLN_ARCH18-2021
076-380-110 531 Wayside PLN_ARCH15-2020
079-060-940 77 Palmer PLN_ARCH03-2021
077-070-140 138 Goya PLN_ARCH06-2020
077-070-140 138 Goya PLN_ARCH06-2020
079-011-050 229 Grove BLDR0174-2021
079-151-260 150 Corte Madera BLDR0109-2021
079-011-080 155 Grove BLDR0110-2021
079-101-220 370 Golden Oak BLDR0093-2021
079-181-240 166 Crescent BLDR0031-2021
080-020-080 5588 Alpine BLDR0023-2019
079-011-150 45 Stonegate BLDR0099-2020
1 Project Identifier Notes
20 21 22 23 24 25
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 80.0% 4
Development
Standards
Modification
Yes
Exact mix of deed
restrictions for very low
income and moderate
are still to be
determined
shed/Destroyed Units Density Bonus

Page 36 of 175 ends
Page 12 of 12 ends

Jurisdiction Portola Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Summary Row: Start Data Entry Below
1 Project Identifier
079-074-210 10 Paso del Arroyo BLDR0154-2020
077-253-020 151 Cervantes BLDR0133-2020
079-072-030 235 Nathhorst BLDR0089-2020
079-121-210 145 Bear Gulch BLDR0216-2019
079-160-130 225 Portola BLDR0066-2020
076-261-160 848 Portola BLDR0051-2019
076-261-160 848 Portola BLDR0051-2019
076-261-180 850 Portola BLDR0052-2019
076-261-180 850 Portola BLDR0098-2020
079-102-070 345 Golden Oak BLDR0303-2017
077-070-110 200 Goya BLDR0286-2017
077-225-090 175 Fawn BLDR0169-2019
077-310-040 40 Sioux BLDR0182-2018
077-242-110 25 Kiowa BLDR0075-2019
077-090-200 727 Westridge BLDR0056-2018
079-073-120 67 Hillbrook BLDR0230-2018
Notes
20 21 22 23 24 25
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
0 shed/Destroyed Units Density Bonus

Page 37 of 175 ends

Jurisdiction Portola Valley ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted 7 10 6 4 4 1 6 - -
Deed Restricted - - - - - 1 - - -
Non-Deed Restricted 2 1 1 1 1 - 1 - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted 3 1 2 1 1 6 1 - -
Above Moderate 13 14 8 6 2 4 1 4 - - 39 -
64 26 20 15 8 10 9 12 - - 100 7
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 7 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
38 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
15 Moderate
21 15
15 Please contact HCD if your data is different than the material supplied here 8 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-

Page 38 of 175 ends

I I I I I
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: June 8, 2022
RE: Loan Request from the Wayside II Road Maintenance District

RECOMMENDATION
Staff recommends that the Town Council authorize the Town Manager to negotiate and approve a loan request of $137,870 to the Wayside II Road Maintenance District.

BACKGROUND
Four road maintenance districts exist in Portola Valley to support the needs of private road systems. Three of the four are in the Woodside Highlands (Wayside I and II, and the Woodside Highlands RMDs), and one in the Corte Madera neighborhood (Crescent RMD).

The RMDs were created in the late 1960s-early 1970s to provide a mechanism to support a separately funded parcel tax assessment to be used to maintain and repair the respective road systems. The Town acts as a “bank”, providing access and accounting services to the RMDs, and the Town Council serves as the Board of Directors of each RMD to approve annual budgets.

The Wayside II Road Maintenance District serves the majority of Wayside Road, with a few homes located near the intersection of Wayside and Portola Roads in the Wayside I RMD.

DISCUSSION
The Town was contacted by Wayside II RMD officials in late April 2022 regarding work they had organized for late May 2022 to slurry seal and make base asphalt repairs after determining that the RMD did not have enough funds to support their project.

The Town has provided loans to the Wayside II RMD in the past, most recently (according to accessible records) in 1997 and 2001.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Page 39 of 175 ends

The total request from the RMD to the Town is $137,870 for a project totaling $191,870 (Attachments 1 and 2).

As time is of the essence to complete the work on the schedule determined by the Wayside I RMD, staff recommends that the Town Council authorize the Town Manager to negotiate and approve the loan request.

It is anticipated that the loan will be paid back in ten years, with interest terms to be determined, as appropriate.

FISCAL IMPACT
The Town’s General Fund reserves will be reduced by $137,870 to support the loan request.

ATTACHMENT

1. Loan Request

2. Work Details

Page 40 of 175 ends

From: Sue at Watercourse Way
To: Jeremy Dennis
Subject: Loan request
Date: Tuesday, May 10, 2022 3:49:11 PM
To Town Manager Jeremy Dennis,
On behalf of the Wayside Road Maintenance District this is a formal loan request to the Town of Portola Valley for Road repairs and repaving.

The toal proposal is $191,870. We would like to borrow $137,870.00 Thank you
Susan Nightingale
Gary Reynolds
Susan Nightingale
Watercourse Way
C 650 283 0007
F 650 462 2020
watercourseway.com
@watercoursespa

Page 41 of 175 ends

Client
03/31/2022
6667 CO#1
Date
Jesse Alaniz
797 Wayside Rd
Portola Valley , Ca 94028
Jobsite
Proposal #
Estimator
Contact
[email protected]
Alaniz Construction., Inc. submits this Proposed Change Order for work which reflects a change in the scope of work and amount from the original contract. Clarifications are as follows:

Susan Nightingale
Qty Work Description Unit Price Cost
Alaniz Construction, Inc.
7160 Stevenson Blvd.

Fremont, CA 94538
510-770-5000 Office
510-770-5070 Fax
CA Lic. #: 587021 A
Proposed Change Order
From Portola Rd to 797
Wayside Rd
Portola Valley , Ca
Susan
650/283-0007
Since 1989
Asphalt Repairs
Increase asphalt price, labor and Trucking.
1 Lump Sum $6,548.00 $6,548.00
Slurry Seal
Increase pricing on oil, trucking and material
1 Lump Sum $2,420.00 $2,420.00
Standard Exclusions:

This Proposal does not include work or costs associated with prevailing wage rates or certified payroll, weekend or night work, a waiver of subrogation, permits, inspection Fees, soils testing, architectural drawings, surveying or staking, leveling of pavement to meet ADA code requirements, repairs to unmarked underground utility lines, irrigation or landscape repair or replacement, disposal of pavement containing pavement fabrics or welded wire mesh reinforcement, stabilization of unstable subgrade, import or export of subgrade, Fog seal, seal coat, thermoplastic markings, or any other work or costs not set forth in the Scope of Work, each of which is expressly excluded from this Proposal.

Should any such work or costs be thereafter required, the cost set forth in this Proposal shall be adjusted accordingly by change order.

Page: 1 of 4

Page 42 of 175 ends

Work Description Cost Qty Unit Price
Proposal #
CO#1
6667
Payment Terms: Upon receipt of invoice.

Warranty: Alaniz Construction warrants our work against failure due to poor workmanship or faulty material for a period of one year. However, Acceptance of Proposal:
extended warrantee for this work.
we will offer a two year warranty provided that payment is made per terms. Failure to pay within the agreed upon payment terms voids the This proposal is subject to the Terms and Conditions set forth on the following pages are incorporated herein by Authorized Alaniz Representative Signature:

Prices are valid for 30 days
specified above. Customer agrees to pay Alaniz Construction, Inc. for the specified work in accordance with Payment Terms. reference and have been read and understood by the undersigned. Alaniz Construction, Inc. is hereby authorized to perform the work as Executed By Client:

Company Name:______________________________________
____________________________________
Signature
Print Name & Title: ____________________________________ Date:________________________
Date:________________________
Signature:____________________________________________
Total: $8,968.00
Work Description Cost Qty Unit Price
Page: 2 of 4

Page 43 of 175 ends

Proposal #
CO#1
6667

1. Guarantee. All material is guaranteed to be as specified in this

2. completed.
for a period of two years from the date on which the Project is is guaranteed to be free from defects in material or workmanship workmanlike manner according to standard practices. The Work Proposal and Contract. The Work will be performed in a
Governmental Requirements. All permits, bonds, testing,

3. or costs are included in this Proposal.
relating to same, are the responsibility of Customer. No such fees governmental regulation or requirement, and all fees and costs in order for the Project to meet or be in compliance with any soil sterilization, engineering, and other items or activities required Change Orders. Any alteration or change in the Work will be

4. with the Payment Terms.
be reflected in the change order and will be paid in accordance Any change in the Total Cost due to the alteration or change will evidenced by a change order executed by Customer and Alaniz.

Additional Insurance. If Customer requires Alaniz to maintain

5. be added to the Total Cost.
change order. The cost of such special or additional coverage will standard coverage, such requirement shall be evidenced by a any special or additional insurance coverage above and beyond Soil Conditions. Alaniz is not liable for any cracks that may

6. expansion, soil contraction, or tree roots.
occur in the pavement surface due to earth movement, soil Limitation of Responsibility and Liability. Alaniz assumes no responsibility or liability for any of the following:
against existing asphalt or concrete edges).
(other than where the newly installed asphalt butts up
are not placed along edges of newly installed asphalt
i. edge stability or longitudinal cracking, if header boards weighted vehicles; or
h. damage to asphalt from hard-rubber tires or overtires and turns made using power steering; g. scuffing on newly paved or seal coated surfaces from s are ground out and patched with hot mix asphalt;
f. oil spots showing through sealcoat unless the oil spot 1% (desired drainage slope is a minimum of 2%);
e. standing water on surfaces with a slope of less than the depth specified in this Proposal;
d. cracking from underlying base soil movement below
in this Proposal;
prepared by Alaniz or that is below the depth specified c. compaction and settling of any base material not
during excavation;
b. damage to roots of adjacent trees or landscape
Code depth;
electric, sewer, cable) not buried to Uniform Building
a. damage to underground utilities (e.g. water, gas,

7. Existing Asphalt; Subsurface. If the existing asphalt or

8. order.
be agreed by Customer and Alaniz and reflected in a change further excavation and replacement to stabilize the subsurface will base will not stabilize after compaction, any additional cost for the subsurface at the Location is wet or inadequate and the subagreed by Customer and Alaniz and reflected in a change order. If Proposal, the cost of further excavation and replacement will be concrete at the Location is thicker than the depth reflected in this Sealcoating. Sealcoating is a means to resurface existing

9. with sealcoat will open again.
subject to base movement. Cracks that are filled and covered broken base pavement or to permanently seal cracks that are asphalt pavement. It is not intended to restore badly cracked or Asphalt. Alaniz will use the asphalt size(s) specified in this

10. mix.
surfaces due to the different sizes of aggregate within the asphalt the application. Size variations are present in all asphalt finish the size most commonly used; other sizes are used depending on Proposal to perform the Work. One-half inch medium asphalt is Labor Rates. All prices for labor quoted in this Proposal are

11. be paid only if specifically stated.
based on Alaniz’s standard labor rates. Prevailing wage rates will Payment Terms. Payment of the Total Cost is due in full

12. per month will be charged on all amounts not paid within 30 days. as otherwise stated in this Proposal. Interest at the rate of 1.5% payment for each phase is due upon completion of that phase or upon completion of the Work. If the Work is done in phases, Force Majeure. Alaniz will have no responsibility for delay or

13. difficulties, or labor shortages.
commotion, riot, war, strikes, labor disturbances, transportation material, court order or governmental interference, civil subsidence of soil, failure of machinery or equipment or supply of without limitation weather, fire, flood, explosion, earthquake, negligence of Alaniz and that is beyond its control, including failure in performing the Work that is not due to the fault or Mechanics’ Liens. A Notice to Owner Regarding

14. incorporated by this reference.

Mechanics’ Lien Law is attached to this Proposal and
Attorneys’ Fees. In the event of a dispute between

15. other relief it may be awarded.
such proceeding, including any appeal thereof, in addition to any witness fees, and out-of-pocket costs incurred in connection with be entitled to receive its reasonable attorneys’ fees, expert resolve such dispute, the prevailing party in such proceeding shall Proposal which leads to a proceeding, including arbitration, to Customer and Alaniz with respect to any matter covered by this Entire Agreement. This Proposal constitutes the complete understandings or agreements.
the Project and supersedes any and all prior written or oral understanding and agreement of Customer and Alaniz relating to

TERMS AND CONDITIONS
Customer Initials_____ Page: 3 of 4

Page 44 of 175 ends

Proposal #
CO#1
6667
insure that all persons due payment are actually paid.
property, therefore you need to protect yourself. This will help to or entities have indicated that they may have lien rights on your or entities which send preliminary notices to you. These persons project. The joint checks should be made payable to the persons contractor and subcontractors or material suppliers involved in the (3) Issue joint checks for payment, made out to both your approved by the registrar.

Any joint control agreement should include the addendum also provide you with lien waivers and other forms of protection. other means of payment to your contractor. These services may available, for a fee, in your area which will establish voucher or material suppliers through a joint control. Funding services may be (2) Require that payments be made directly to subcontractors and indicate his or her financial incapacity.
bonding ability. If a contractor cannot obtain such bonding, it may percent of the contract amount depending on the contractor's payment and performance bond will usually cost from 1 to 5 filed with the county recorder for your further protection. The bond as well as a copy of the construction contract should be up to the amount of the bond. This payment and performance bonding company will either complete the project or pay damages performance bond (not a license bond), which provides that the (1) Require that your contractor supply you with a payment and MORE OF THE FOLLOWING STEPS:

YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR

TO INSURE EXTRA PROTECTION FOR YOURSELF AND
days after substantial completion of your project.
allowed for filing a mechanics' lien against your property is 90 recorded lien against your property. Generally, the maximum time mechanics' lien with the county recorder which then becomes a contractor, subcontractor, supplier, or laborer must file a if they are not paid. In order to perfect their lien rights, a or entities that may have a right to file a lien against your property lien against your property. Its purpose is to notify you of persons aware of their existence as an owner. A preliminary notice is not a owners directly do not have to provide such notice since you are ''Preliminary Notice.'' Contractors and laborers who contract with each required to provide you with a document called a
certain claimants such as subcontractors or material suppliers are To preserve their right to file a claim or lien against your property, contractor's subcontractors, laborers or suppliers remain unpaid. happen even if you have paid your contractor in full if the proceeds of the sale used to satisfy what you owe. This can home, land, and property could be sold by a court officer and the to obtain payment. This means that after a court hearing, your property where the work was performed and to sue you in court supplies, has a right to place a lien on your home, land, or helps to improve your property, but is not paid for his/her work or subcontractor, laborer, supplier or other person or entity who Under The California Mechanics' Lien Law, any contractor, involved in that portion of the work
signed by each material supplier, subcontractor and laborer to provide you with unconditional ''Waiver and Release'' forms and before making any further payments, require your contractor (4) Upon making payment on any completed phase of the project, for which payment was made.
95826, 1-800-321-2752.

Contractors State License Board, PO Box 26000, Sacramento, CA Any questions concerning the contractor may be referred to the Registrar, defects must be filed within ten years of the date of the alleged violation. complaint regarding a latent act or omission pertaining to structural omission is filed within four years of the date of the alleged violation. A complaints against contractors if a complaint regarding a patent act or Contractors State License Board, which has jurisdiction to investigate Contractors are required by law to be licensed and regulated by the call 1-800-321-CSLB for more information.
government pages of the white pages for the office nearest you or Board has offices throughout California. Please check the possible suspensions, revocations, judgments, and citations. The information on the history of licensed contractors, including any if this contractor has a valid license. The Board has complete You may contact the Contractors' State License Board to find out her employees.
for damages arising out of any injuries to the contractor or his or unlicensed contractor may be in civil court, and you may be liable assist you with a complaint. Your only remedy against an license, the Contractors’ State License Board may be unable to the public. If you contract with someone who does not have a Licensed contractors are regulated by laws designed to protect materials).
if the total price of the job is $500 or more (including labor and license category in which the contractor is going to be working -- to be licensed by the Contractors’ State License Board in the State law requires anyone who contracts to do construction work property.

You should consult an attorney if a lien is filed against your make any final payments until any and all such liens are removed. the lawsuit to enforce the lien was not timely filed. You should not entity that filed the mechanics' lien against your property unless recorded ''Release of Mechanics' Lien'' signed by the person or against your property, it can only be voluntarily released by a ''Waiver and Release'' form. If a mechanics' lien has been filed material suppliers, subcontractors, and laborers have signed the To protect yourself under this option, you must be certain that all may not be as complete.
types of construction, this protection may still be important, but right to file a mechanics' lien claim against your property. In other owned by individuals, the persons signing these releases lose the involving improvements to a single family residence or a duplex project, you may obtain a list from your contractor. On projects material suppliers, subcontractors, and laborers working on your filed preliminary notices with you. If you are not certain of the you obtain releases from are those persons or entities who have them. The material suppliers, subcontractors, and laborers that ''Waiver and Release'' forms if your contractor does not have Section 3262 of the Civil Code. Most stationery stores will sell the The statutory lien releases are set forth in exact language in

NOTICE TO OWNER REGARDING MECHANICS' LIEN LAW
Customer Initials_____ Page: 4 of 4

Page 45 of 175 ends

Client
09/16/2021
6667
Date
Jesse Alaniz
797 Wayside Rd
Portola Valley , Ca 94028
Jobsite
Proposal #
Estimator
Mobile (650) 283-0007
Work (650) 851-2162
Contact
[email protected]
Alaniz Construction. Inc. is pleased to provide you with this proposal to furnish all labor, materials, equipment and services required to perform the below specified improvements with clarifications as follows:

Susan Nightingale
Qty Work Description Unit Price Cost
Alaniz Construction, Inc.
7160 Stevenson Blvd.

Fremont, CA 94538
510-770-5000 Office
510-770-5070 Fax
CA Lic. #: 587021 A
Proposal
From Portola Rd to 797
Wayside Rd
Portola Valley , Ca
Susan
650/283-0007
Since 1989
Asphalt Removal & Replacement:

Cut, demolish and excavate approx. 14,667 SF of failed pavement to depth of 4” and transport spoils to recycling center. Compact existing baserock, apply tack oil along perimeter edges, then provide, place and compact 4” of ½” medium hot-mix asphalt over approx. 14,667 on approx. 49 patches.
14,667 SF $7.49 $109,839.00
Asphalt Removal & Replacement:

Cut, demolish and excavate approx. 1,672 SF or approx. 770 lineal feet of failed or damaged swell to depth of 4” and transport spoils to recycling center. Compact existing baserock, apply tack oil along perimeter edges, then provide, place and compact 4” of ½” medium hot-mix asphalt to repair and to create a swell on designated areas.
770 LF $33.94 $26,133.00
Slury seal:

Clen asphalt and fill cracks with hot crack filler then apply one coat of 37-2 slury seal from Portola Rd to the end of Wayside Rd 82,490 SF $0.57 $46,930.00
Standard Exclusions:

This Proposal does not include work or costs associated with prevailing wage rates or certified payroll, weekend or night work, a waiver of subrogation, permits, inspection Fees, soils testing, architectural drawings, surveying or staking, leveling of pavement to meet ADA code requirements, repairs to unmarked underground utility lines, irrigation or landscape repair or replacement, disposal of pavement containing pavement fabrics or welded wire mesh reinforcement, stabilization of unstable subgrade, import or export of subgrade, Fog seal, seal coat, thermoplastic markings, or any other work or costs not set forth in the Scope of Work, each of which is expressly excluded from this Proposal.

Should any such work or costs be thereafter required, the cost set forth in this Proposal shall be adjusted accordingly by change order.

Page: 1 of 4

Page 46 of 175 ends

Work Description Cost Qty Unit Price
Proposal # 6667
Payment Terms: Upon receipt of invoice.

Warranty: Alaniz Construction warrants our work against failure due to poor workmanship or faulty material for a period of one year. However, Acceptance of Proposal:
extended warrantee for this work.
we will offer a two year warranty provided that payment is made per terms. Failure to pay within the agreed upon payment terms voids the This proposal is subject to the Terms and Conditions set forth on the following pages are incorporated herein by Authorized Alaniz Representative Signature:

Prices are valid for 30 days
specified above. Customer agrees to pay Alaniz Construction, Inc. for the specified work in accordance with Payment Terms. reference and have been read and understood by the undersigned. Alaniz Construction, Inc. is hereby authorized to perform the work as Executed By Client:

Company Name:______________________________________
____________________________________
Signature
Print Name & Title: ____________________________________ Date:________________________
Date:________________________
Signature:____________________________________________
Total: $182,902.00
Work Description Cost Qty Unit Price
Page: 2 of 4

Page 47 of 175 ends

Proposal # 6667

1. Guarantee. All material is guaranteed to be as specified in this

2. completed.
for a period of two years from the date on which the Project is is guaranteed to be free from defects in material or workmanship workmanlike manner according to standard practices. The Work Proposal and Contract. The Work will be performed in a
Governmental Requirements. All permits, bonds, testing,

3. or costs are included in this Proposal.
relating to same, are the responsibility of Customer. No such fees governmental regulation or requirement, and all fees and costs in order for the Project to meet or be in compliance with any soil sterilization, engineering, and other items or activities required Change Orders. Any alteration or change in the Work will be

4. with the Payment Terms.
be reflected in the change order and will be paid in accordance Any change in the Total Cost due to the alteration or change will evidenced by a change order executed by Customer and Alaniz.

Additional Insurance. If Customer requires Alaniz to maintain

5. be added to the Total Cost.
change order. The cost of such special or additional coverage will standard coverage, such requirement shall be evidenced by a any special or additional insurance coverage above and beyond Soil Conditions. Alaniz is not liable for any cracks that may

6. expansion, soil contraction, or tree roots.
occur in the pavement surface due to earth movement, soil Limitation of Responsibility and Liability. Alaniz assumes no responsibility or liability for any of the following:
against existing asphalt or concrete edges).
(other than where the newly installed asphalt butts up
are not placed along edges of newly installed asphalt
i. edge stability or longitudinal cracking, if header boards weighted vehicles; or
h. damage to asphalt from hard-rubber tires or overtires and turns made using power steering; g. scuffing on newly paved or seal coated surfaces from s are ground out and patched with hot mix asphalt;
f. oil spots showing through sealcoat unless the oil spot 1% (desired drainage slope is a minimum of 2%);
e. standing water on surfaces with a slope of less than the depth specified in this Proposal;
d. cracking from underlying base soil movement below
in this Proposal;
prepared by Alaniz or that is below the depth specified c. compaction and settling of any base material not
during excavation;
b. damage to roots of adjacent trees or landscape
Code depth;
electric, sewer, cable) not buried to Uniform Building
a. damage to underground utilities (e.g. water, gas,

7. Existing Asphalt; Subsurface. If the existing asphalt or

8. order.
be agreed by Customer and Alaniz and reflected in a change further excavation and replacement to stabilize the subsurface will base will not stabilize after compaction, any additional cost for the subsurface at the Location is wet or inadequate and the subagreed by Customer and Alaniz and reflected in a change order. If Proposal, the cost of further excavation and replacement will be concrete at the Location is thicker than the depth reflected in this Sealcoating. Sealcoating is a means to resurface existing

9. with sealcoat will open again.
subject to base movement. Cracks that are filled and covered broken base pavement or to permanently seal cracks that are asphalt pavement. It is not intended to restore badly cracked or Asphalt. Alaniz will use the asphalt size(s) specified in this

10. mix.
surfaces due to the different sizes of aggregate within the asphalt the application. Size variations are present in all asphalt finish the size most commonly used; other sizes are used depending on Proposal to perform the Work. One-half inch medium asphalt is Labor Rates. All prices for labor quoted in this Proposal are

11. be paid only if specifically stated.
based on Alaniz’s standard labor rates. Prevailing wage rates will Payment Terms. Payment of the Total Cost is due in full

12. per month will be charged on all amounts not paid within 30 days. as otherwise stated in this Proposal. Interest at the rate of 1.5% payment for each phase is due upon completion of that phase or upon completion of the Work. If the Work is done in phases, Force Majeure. Alaniz will have no responsibility for delay or

13. difficulties, or labor shortages.
commotion, riot, war, strikes, labor disturbances, transportation material, court order or governmental interference, civil subsidence of soil, failure of machinery or equipment or supply of without limitation weather, fire, flood, explosion, earthquake, negligence of Alaniz and that is beyond its control, including failure in performing the Work that is not due to the fault or Mechanics’ Liens. A Notice to Owner Regarding

14. incorporated by this reference.

Mechanics’ Lien Law is attached to this Proposal and
Attorneys’ Fees. In the event of a dispute between

15. other relief it may be awarded.
such proceeding, including any appeal thereof, in addition to any witness fees, and out-of-pocket costs incurred in connection with be entitled to receive its reasonable attorneys’ fees, expert resolve such dispute, the prevailing party in such proceeding shall Proposal which leads to a proceeding, including arbitration, to Customer and Alaniz with respect to any matter covered by this Entire Agreement. This Proposal constitutes the complete understandings or agreements.
the Project and supersedes any and all prior written or oral understanding and agreement of Customer and Alaniz relating to

TERMS AND CONDITIONS
Customer Initials_____ Page: 3 of 4

Page 48 of 175 ends

Proposal # 6667
insure that all persons due payment are actually paid.
property, therefore you need to protect yourself. This will help to or entities have indicated that they may have lien rights on your or entities which send preliminary notices to you. These persons project. The joint checks should be made payable to the persons contractor and subcontractors or material suppliers involved in the (3) Issue joint checks for payment, made out to both your approved by the registrar.

Any joint control agreement should include the addendum also provide you with lien waivers and other forms of protection. other means of payment to your contractor. These services may available, for a fee, in your area which will establish voucher or material suppliers through a joint control. Funding services may be (2) Require that payments be made directly to subcontractors and indicate his or her financial incapacity.
bonding ability. If a contractor cannot obtain such bonding, it may percent of the contract amount depending on the contractor's payment and performance bond will usually cost from 1 to 5 filed with the county recorder for your further protection. The bond as well as a copy of the construction contract should be up to the amount of the bond. This payment and performance bonding company will either complete the project or pay damages performance bond (not a license bond), which provides that the (1) Require that your contractor supply you with a payment and MORE OF THE FOLLOWING STEPS:

YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR

TO INSURE EXTRA PROTECTION FOR YOURSELF AND
days after substantial completion of your project.
allowed for filing a mechanics' lien against your property is 90 recorded lien against your property. Generally, the maximum time mechanics' lien with the county recorder which then becomes a contractor, subcontractor, supplier, or laborer must file a if they are not paid. In order to perfect their lien rights, a or entities that may have a right to file a lien against your property lien against your property. Its purpose is to notify you of persons aware of their existence as an owner. A preliminary notice is not a owners directly do not have to provide such notice since you are ''Preliminary Notice.'' Contractors and laborers who contract with each required to provide you with a document called a
certain claimants such as subcontractors or material suppliers are To preserve their right to file a claim or lien against your property, contractor's subcontractors, laborers or suppliers remain unpaid. happen even if you have paid your contractor in full if the proceeds of the sale used to satisfy what you owe. This can home, land, and property could be sold by a court officer and the to obtain payment. This means that after a court hearing, your property where the work was performed and to sue you in court supplies, has a right to place a lien on your home, land, or helps to improve your property, but is not paid for his/her work or subcontractor, laborer, supplier or other person or entity who Under The California Mechanics' Lien Law, any contractor, involved in that portion of the work
signed by each material supplier, subcontractor and laborer to provide you with unconditional ''Waiver and Release'' forms and before making any further payments, require your contractor (4) Upon making payment on any completed phase of the project, for which payment was made.
95826, 1-800-321-2752.

Contractors State License Board, PO Box 26000, Sacramento, CA Any questions concerning the contractor may be referred to the Registrar, defects must be filed within ten years of the date of the alleged violation. complaint regarding a latent act or omission pertaining to structural omission is filed within four years of the date of the alleged violation. A complaints against contractors if a complaint regarding a patent act or Contractors State License Board, which has jurisdiction to investigate Contractors are required by law to be licensed and regulated by the call 1-800-321-CSLB for more information.
government pages of the white pages for the office nearest you or Board has offices throughout California. Please check the possible suspensions, revocations, judgments, and citations. The information on the history of licensed contractors, including any if this contractor has a valid license. The Board has complete You may contact the Contractors' State License Board to find out her employees.
for damages arising out of any injuries to the contractor or his or unlicensed contractor may be in civil court, and you may be liable assist you with a complaint. Your only remedy against an license, the Contractors’ State License Board may be unable to the public. If you contract with someone who does not have a Licensed contractors are regulated by laws designed to protect materials).
if the total price of the job is $500 or more (including labor and license category in which the contractor is going to be working -- to be licensed by the Contractors’ State License Board in the State law requires anyone who contracts to do construction work property.

You should consult an attorney if a lien is filed against your make any final payments until any and all such liens are removed. the lawsuit to enforce the lien was not timely filed. You should not entity that filed the mechanics' lien against your property unless recorded ''Release of Mechanics' Lien'' signed by the person or against your property, it can only be voluntarily released by a ''Waiver and Release'' form. If a mechanics' lien has been filed material suppliers, subcontractors, and laborers have signed the To protect yourself under this option, you must be certain that all may not be as complete.
types of construction, this protection may still be important, but right to file a mechanics' lien claim against your property. In other owned by individuals, the persons signing these releases lose the involving improvements to a single family residence or a duplex project, you may obtain a list from your contractor. On projects material suppliers, subcontractors, and laborers working on your filed preliminary notices with you. If you are not certain of the you obtain releases from are those persons or entities who have them. The material suppliers, subcontractors, and laborers that ''Waiver and Release'' forms if your contractor does not have Section 3262 of the Civil Code. Most stationery stores will sell the The statutory lien releases are set forth in exact language in

NOTICE TO OWNER REGARDING MECHANICS' LIEN LAW
Customer Initials_____ Page: 4 of 4

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Brandi de Garmeaux, Part-Time Assistant to the Town Manager DATE: June 8, 2022
RE: Review and Approval of Amendment to Sustainability Committee Charter

RECOMMENDATION
Staff recommends that the Town Council review and adopt the proposed amendments to the Sustainability Committee Charter (Attachment 1).

BACKGROUND AND DISCUSSION
The Sustainability Committee is requesting a charge to their charter to change the number of members from a minimum of five and maximum of nine, to seven. The committee desires to keep the quorum at four, whether all seven committee seats are filled. The committee is requesting this change to address ongoing issues with meeting the quorum.

The Committee voted on and unanimously approved the change to their charter at their meeting held on May 19, 2022. Staff also changed the title of the staff liaison in the charter to allow for flexibility in assignment by the Town Manager.

FISCAL IMPACT
None.

ATTACHMENT

1. Proposed Sustainability Committee Charter

2. Redlined Version of Edits to Charter

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Page 50 of 175 ends

Sustainability Committee Charter

MISSION
The Portola Valley Sustainability Committee mission is to assist the Town of Portola Valley in reducing greenhouse gas emissions, developing comprehensive water conservation, energy efficiency, and waste reduction programs, and engaging and educating the residents of Portola Valley to meet the goals outlined in the Sustainability Element of the General Plan.

DUTIES & FUNCTION
To champion and promote the Town Council’s sustainability, environmental, and ecological goals as codified in the Sustainability Element and Town code by:

1. Developing and recommending policies and actions to the Town Council related to sustainability and the natural environment.

2. Advancing recommendations to the Town Council on what the Town could do to sponsor and/or encourage efforts through incentives and/or Town regulations and policies.

3. Developing programs that educate residents and/or local professionals on best practices in resource use and efficiency. When possible, collaborate with Peninsula Clean Energy, PG&E, CalWater, or conservation agencies to host programs.

4. With Town Staff, increasing awareness of existing programs, developing new programs and using consistent “messaging” to encourage targeted, high-impact actions for residents and/or businesses. Provide input on public outreach, speakers and events.

5. Maintaining a presence on the Town website, including engaging and up-to-date information.

6. As appropriate, develop annual work plan on specific programs/efforts the Committee plans to undertake and provide to the Town Council as a Memo to the Digest. Prioritize this list based on available resources and timing of incentives and/or grants.

RESPONSIBLE TO
Town Council

COORDINATION
Staff Liaison as appointment by the Town Manager
Town Council Liaison

MEMBERSHIP
The membership of this Committee shall consist of seven (7) members appointed by the Mayor in concurrence with the Town Council. A quorum for convening a meeting shall consist of four (4) members, regardless of whether all seats are filled. In addition, the Committee may include advisory members from Cal Water, Peninsula Clean Energy, other local jurisdictions and/or local organizations working on sustainability issues.

MEETINGS
Regular meetings are to be held every month on the third Thursday at 7:00 pm.

REPORTS
The Committee will determine how frequently it will make reports to the Town Council, with reports occurring at least once per year.

Adopted by the Town Council
Attachment 1

Page 51 of 175 ends

Sustainability Committee Charter

MISSION
The Portola Valley Sustainability Committee mission is to assist the Town of Portola Valley in reducing greenhouse gas emissions, developing comprehensive water conservation, energy efficiency, and waste reduction programs, and engaging and educating the residents of Portola Valley to meet the goals outlined in the Sustainability Element of the General Plan.

DUTIES & FUNCTION
To champion and promote the Town Council’s sustainability, environmental, and ecological goals as codified in the Sustainability Element and Town code by:

1. Developing and recommending policies and actions to the Town Council related to sustainability and the natural environment.

2. Advancing recommendations to the Town Council on what the Town could do to sponsor and/or encourage efforts through incentives and/or Town regulations and policies.

3. Developing programs that educate residents and/or local professionals on best practices in resource use and efficiency. When possible, collaborate with Peninsula Clean Energy, PG&E, CalWater, or conservation agencies to host programs.

4. With Town Staff, increasing awareness of existing programs, developing new programs and using consistent “messaging” to encourage targeted, high-impact actions for residents and/or businesses. Provide input on public outreach, speakers and events.

5. Maintaining a presence on the Town website, including engaging and up-to-date information.

6. As appropriate, develop annual work plan on specific programs/efforts the Committee plans to undertake and provide to the Town Council as a Memo to the Digest. Prioritize this list based on available resources and timing of incentives and/or grants.

RESPONSIBLE TO
Town Council

COORDINATION
Staff Liaison – Assistant to the Town Manager as appointment by the Town Manager Town Council Liaison

MEMBERSHIP
The membership of this Committee shall consist of a minimum of five (5) and a maximum of nine (9) seven (7) members appointed by the Mayor in concurrence with the Town Council. A quorum for convening a meeting shall consist of four (4) members, regardless of whether all seats are filled. In addition, the Committee may include advisory members from Cal Water, Peninsula Clean Energy, other local jurisdictions and/or local organizations working on sustainability issues.

MEETINGS
Regular meetings are to be held every month on the third Thursday at 7:00 pm.

REPORTS
The Committee will determine how frequently it will make reports to the Town Council, with reports occurring at least once per year.

Adopted by the Town Council
Attachment 2

Page 52 of 175 ends

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: June 8, 2022
RE: Amendment No. 2 to the Town Attorney Legal Services Agreement

RECOMMENDATION
Adopt Resolution Authorizing Mayor to Sign Amendment 2 to Town Attorney Legal Services Agreement (Attachment 1 and 3).

DISCUSSION
On November 1, 2017, the Town of Portola Valley (“Town”) and Cara Silver of Jorgenson, Siegel, McClure & Flegel, LLC (“Attorney”) entered into the Town Attorney Legal Services Agreement (“Agreement”) to set forth the terms and conditions of Attorney’s legal services. (Attachment 2.) On July 1, 2020, the Town Council approved Amendment No. 1 to the Agreement to extend the term to June 30, 2022. On May 25, 2022, Attorney met with the Town Council for a performance evaluation.

The Town now desires to renew the Agreement for an additional two years and adjust the hourly rate for reimbursable private development planning related services.

FISCAL IMPACT
The proposed rate increase will not impact Town resources.

ATTACHMENT

1. Resolution of the Town Council of the Town of Portola Valley Approving Amendment No. 2 to The Town Attorney Legal Services Agreement

2. Town Attorney Legal Services Agreement dated November 1, 2017

3. Amendment No. 1 to Town Attorney Legal Services Agreement cc: Cara Silver, Town Attorney

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Page 53 of 175 ends

RESOLUTION NO. -2022

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY APPROVING AMENDMENT NO. 2 TO THE TOWN ATTORNEY

LEGAL SERVICES AGREEMENT
WHEREAS, on November 1, 2017, the Town of Portola Valley (“Town”) and Cara Silver (“ATTORNEY”) entered into the Town ATTORNEY LEGAL SERVICES AGREEMENT (“Agreement”) to set forth the terms and conditions of ATTORNEY LEGAL SERVICES;
WHEREAS, on July 1, 2020, the Town Council approved Amendment No. 1 to the Agreement; and
WHEREAS, the Town Council has read and considered that certain Amendment No. 2 to Town ATTORNEY LEGAL SERVICES AGREEMENT (“Amendment”).

NOW, THEREFORE, the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:

1. Public interest and convenience require the Town to enter into the Amendment described above.

2. The Amendment is approved and the Mayor is authorized on behalf of the Town to execute the Amendment.

PASSED AND ADOPTED this 8th day of June, 2022.

BY:
________________________
Craig Hughes
Mayor
ATTEST:
________________________
Melissa Thurman, MMC
Town Clerk

Page 54 of 175 ends
Page 55 of 175 ends

AGREEMENT FOR

LEGAL SERVICES
THIS AGREEMENT is made and entered into this 1st day of November, 2017 by and between the Town of Portola Valley, a municipal corporation, ("Town") and Jorgenson, Siegel, McClure & Flegel, LLP ("Attorney").

RECITALS
A The Town desires to retain the professional legal services of Attorney as an independent contractor to provide legal services to the Town, as described in more detail in Exhibit A
B. Attorney represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions contained herein, the parties hereby agree as follows:

1. SCOPE AND LEVEL OF SERVICES. The nature, scope and level of the specific services · to be performed by Attorney are as set forth in detail in Exhibit A attached hereto.

2. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Attorney hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Attorney shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town. Attorney hereby covenants that it shall follow the highest professional standards in performing all services required hereunder and will perform the services to a standard of reasonable professional care.

3. COMPLIANCE WITH LAW. All services rendered hereunder by Attorney shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Town, and any federal, state or local governmental agency having jurisdiction in effect at the time the service is rendered.

4. TERM. This Agreement is effective as of November 1, 2017 and shall remain in effect through June 30, 2020 or until terminated in accordance with Section 15, below.

5. COMPENSATION. The Town agrees to compensate Attorney for its services according to the fee schedule set forth in Exhibit B. The Town also agrees to compensate Attorney for its out-of-pocket expenses to the extent authorized in Exhibit B.
1

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6. METHOD OF PAYMENT. Attorney shall invoice the Town for work performed on a monthly basis. Payments to Attorney by Town shall be made within 30 days after receipt by Town of Attorney's itemized invoices.

7. REPRESENTATIVE. Cara E. Silver is hereby designated as the representative of Attorney authorized to act on its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of Cara E. Silver were a substantial inducement for Town to enter into this Agreement. Therefore, Cara E. Silver shall be responsible during the term of this Agreement for directing all activities of Attorney and devoting sufficient time to personally supervise the services hereunder. The representative may not be changed by Attorney without the express written approval of the Town.

8. INDEPENDENT CONTRACTOR. Attorney is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town. Attorney shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Attorney receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Attorney shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement. Attorney shall have no power to incur any debt, obligation, or liability on behalf of the Town or otherwise act on behalf of the Town as an agent. Neither the Town, nor any of its agents shall have control over the conduct of Attorney or any of Attorney's employees, except as set forth in this Agreement. Attorney shall at no time, or in any manner, represent that it or any of its agents or employees are in any manner employees of the Town. Attorney agrees to pay all required taxes on amounts paid to Attorney under this Agreement, and to indemnify and hold the Town harmless from any and all taxes, assessments, penalties, and interest asserted against the Town by reason of the independent contractor relationship created by this Agreement. Attorney shall fully comply with the worker's compensation law regarding Attorney and Attorney's employees. Attorney further agrees to indemnify and hold the Town harmless from any failure of Attorney to comply with applicable worker's compensation laws. The Town shall not have the right to offset against the amount of any fees due to Attorney under this Agreement any amount due to Town from Attorney as a result of Attorney's failure to promptly pay the Town any reimbursement or indemnification arising under this Section.

9. CONFIDENTIALITY. Attorney, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Attorney covenants that all data, documents, discussion, or other information developed and received by Attorney or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Attorney without written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Attorney's covenant under this Section shall survive the termination of this Agreement.
2

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10. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Attorney or any other person engaged directly or indirectly by Attorney in the performance of this Agreement shall be and remain the property of the Town without restriction or limitation upon its use or dissemination by the Town.

11. CONFLICT OF INTEREST. Attorney shall comply with the California Rules of Professional Conduct, including, but not limited to, the rules concerning conflicts of interest.

12. ASSIGNABILITY; SUBCONTRACTING. The parties agree that the expertise and experience of Attorney are material considerations for this Agreement.

Attorney shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Attorney's obligations hereunder, without the · prior written consent of the Town Council, and any attempt by Attorney to do so shall be void and of no effect and a breach of this Agreement.

13. INDEMNIFICATION.

13.1. To the fullest extent permitted by law, Attorney shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, employees agents and volunteers against any claims, losses, or liability that may arise out of or result from damages to property or personal injury received by reason of, or in the course of work performed under this Agreement due to the acts or omissions of Attorney or Attorney's officers, employees, agents or subcontractors. The provisions of this Section ~urvive completion of the services or the termination of this Agreement. The acceptance of such services shall not operate as a waiver of such right of indemnification.

13.2 With regard to Attorney's professional services, Attorney agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of the legal profession, including without limitation adherence to all applicable ethical and safety standards. To the fullest extent permitted by law, Attorney shall indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys' fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of Attorney or Attorney's officers, employees, agents or subcontractors. The provisions of this Section survive completion of the services or the termination of this Agreement. The acceptance of said services and duties by Town shall not operate as a waiver of such right of indemnification. ·

13.3 The Town does not and shall not waive any rights that they may possess against Attorney because of the acceptance by the Town or the deposit with the Town of any insurance policy or certificate required pursuant to this Agreement. 3

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This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

14. INSURANCE REQUIREMENTS. Attorney agrees to have and maintain the policies set forth in Exhibit C entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town Manager as to form and content.

These requirements are subject to amendment or waiver only if so approved in writing by the Town Manager. Attorney agrees to provide Town with a copy of said policies, certificates, and/or endorsements before work commences under this Agreement. A lapse in any required amount or type of insurance coverage during this Agreement shall be a breach of this Agreement.

15. TERMINATION.

15.1 This Agreement may be terminated by either the Town or Attorney following thirty days written notice of intention to terminate. In the event the Agreement is terminated, Attorney shall be paid for any services properly performed to the last working day the Agreement is in effect. Attorney shall substantiate the final cost of services by an itemized, written statement submitted to the Town. The Town's right of termination shall be in addition to all other remedies available under law to the Town.

15.2 In the event of termination, Attorney shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Attorney under this Agreement, if any. If Attorney's written work is contained on a hard computer disk, Attorney shall, in addition to providing a written copy of the information on the hard disk, immediately transfer all written work from the hard computer disk to a soft computer disk and deliver said soft computer disk to Town. Town shall not pay Attorney for services performed by Attorney through the last working day the Agreement is in effect unless and until Attorney has delivered the above described items to the Town.

16. ATTORNEY'S BOOKS AND RECORDS. Attorney shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to Town for a minimum period of three years, or for any longer period required by law, from the date of final payment to Attorney pursuant to this Agreement.

17. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any breach or violation of any one or more terms or conditions of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Acceptance by the Town of the performance of any work or services by Attorney shall not be deemed to be a waiver of any term or condition of this Agreement.

In no event shall the Town's making of any payment to Attorney constitute or be construed as a waiver by the Town of any breach of this Agreement, or any default which may then exist on the part of Attorney, and the making of any such payment by 4

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the Town shall in no way impair or prejudice any right or remedy available to the Town with . regard to such breach or default.

18. NOTICES. Any notices, bills, invoices, reports or other communications required or permitted to be given under this Agreement shall be given in writing by personal delivery, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
To Attorney:

Cara E. Silver, Esq.

Jorgenson, Siegel, McClure &
Flegel, LLP
1100 Alma Street, Suite 210
Menlo Park, CA 94025
Fax: (650) 324-0227 ·
Notice shall be deemed communicated on the earlier of actual receipt or 48 hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.

19. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

In the performance of this Agreement, Attorney shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition. Attorney will take affirmative action to ensure that employees are treated without regard to race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental handicap, or medical condition.

20. ATTORNEYS' FEES; VENUE. In the event that any party to this Agreement commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.

The venue for any litigation shall be San Mateo County.

21. COOPERATION. In the event any claim or action is brought against the Town relating to Attorney's performance or services under this Agreement, Attorney shall render any reasonable assistance and cooperation which Town might require.

22. EXHIBITS, PRECEDENCE. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement.

23. PRIOR AGREEMENTS AND AMENDMENTS; ENTIRE AGREEMENT.

This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between the Town and Attorney. This 5

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Agreement supersedes all prior oral and written negotiations, representations or agreements. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Any amendment relating to compensation for Attorney shall be for only a not-to-exceed sum.

IN WITNESS WHEREOF, the Town and Attorney have executed this Agreement effective as of the date written above.

ATTEST:
__ _j
ATTORn: l 'A ~ By: Uvv'-
Name (printed): Cara E. Silver
Title: Partner
6

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EXHIBIT A

SCOPE AND LEVEL OF -SERVICES

1. The following legal services shall be provided to Town by Attorney:
a. Attendance at all regular and special Town Council meetings and study sessions; b. Attendance at Planning Commission meetings when requested by the Chairman of the Planning Commission or the Mayor;
c. Attendance at meetings with Town staff and members of the public as needed; d. Routine legal advice, consultation and opinions (both oral and written) to the Town Council, Planning Commission, and staff on general municipal matters, including but not limited to areas such as updating ordinances, land use, CEQA, general municipal law, civil and criminal enforcement of codes, liability, risk management and personnel issues, and informing staff and Town officials of new laws affecting municipalities;
e. Preparation/review of all proposed staff reports, ordinances, resolutions, contracts, and related documents pertaining to the Town's business; f. Assistance/advice/correspondence regarding code enforcement and enforcement of state and local laws and codes up to the point of litigation ( criminal and civil);
g. Assistance/preparation of documents in connection with land acquisition or easements up to the point that the Town Council authorizes the commencement of eminent domain proceedings; and
h. Assistance to the Town Council in selection of outside legal counsel as needed for specialized legal services.
i. Litigation services, including mediation, arbitration, and superv1s1on and/or coordination with any outside counsel hired by the Town for specialized legal services, such as bond/assessment proceedings and personnel litigation; j. Legal services regarding personnel complaints, disability and workers' compensation claims, including supervision and/or coordination with any outside counsel hired by the Town;
k. Services related to franchise agreements, such as agreements for solid waste and cable TV; and
I. Any other legal services agreed by Town and Attorney in advance of the services being rendered.
7

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2. The following project services shall be provided to the Town:

All legal services related to development applications including, without limitation, advice to staff, Planning Commission, and Town Council, review and/or preparation of documents, negotiations with applicants and/or their agents, and attendance at Town meetings where such an application is the only non-consent item discussed. 8

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EXHIBIT B

COMPENSATION

1. Hourly fee for Town legal services: Eff. 11-1-17 Eff. 11-1-18 Cara E. Silver and other attorneys $250.00 $275.00

3. Hourly fee for project specific.work for development:

Cara E. Silver and other attorneys

4. Hourly fee for Paralegals/Legal Assistants:

5. Hourly fee will not be charged for travel time to attend evening meetings

6. No additional expenses will be billed other than:
a. Long distance telephone calls ( outside 650 area code) b. Federal Express or messenger services
c. Computerized legal research
$325.00
$100.00
d. Expenses in connection with litigation or for any outside consultants .

These expenses will be billed at actual cost
$325.00
$100.00

7. Town to pay registration fee for Cara E. Silver to attend the Spring League of Cities CityAttorney Conference.

8. Attorney shall provide the Town Council and City Manager with a confidential quarterly report summarizing the general categories of services provided, the number of hours for each category, and comparing the actual cost to the budget. This quarterly report is intended as a budgeting tool with the parties recognizing that the cost of legal services can fluctuate from quarter to quarter depending on the complexity and quantify of legal issues involving the Town.
9

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EXHIBIT C

INSURANCE REQUIREMENTS
Attorney shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to or interference with property which may arise from, or in connection with, the performance of the work hereunder and the results of that work by the Attorney, its agents, representatives, employees or subcontractors.

1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as:

1.1 Insurance Services Office (ISO) Form No. CG 0001 covering Commercial General Liability on an "occurrence" basis, including products-completed operations, personal injury and advertising injury.

1.2 Insurance Services Office Form (ISO) No. CA 0001 covering Automobile Liability, Code 1 (any auto), or if Attorney has no owned autos Code 8 (hired autos) and Code 9 (non-owned autos).

1.3 Workers' Compensation Insurance as required by the Labor Code of the State of California and Employer's Liability Insurance.

1.4 Errors and Omissions Liability Insurance appropriate to the Attorney's profession. Architects' and Attorney's' coverage is to be endorsed to include contractual liability.

2. MINIMUM LIMITS OF INSURANCE. Attorney shall maintain limits no less than:

2.1 Commercial General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) per occurrence. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.

2.3 Workers' Compensation and Employer's Liability. Workers' compensation insurance with Statutory Limits as required by the Labor Code of the State of California, and Employer's Liability Insurance with One Million Dollars ($1,000,000) per accident for bodily injury or disease. 10

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2.4 Errors and Omissions Liability. One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to, and approved by, the Town. At the option of the Town, either: the Attorney shall purchase insurance to reduce or eliminate such deductibles or self-insured retentions as respects the Town, . its officials, employees, agents and contractors; or the Attorney shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the Town .. The Town may require the Attorney to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

4. OTHER INSURANCE PROVISIONS.

4.1 General Liability and Automobile Liability Coverages. The General Liability insurance policy required pursuant to Sections 1.1 and 1.2 shall contain or be endorsed contain the following provisions:

4.1.1 The Town, its officials, employees, agents, contractors and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by, or on behalf of, the Attorney including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Attorney on premises owned, leased or used by the Attorney. The coverage shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 if later versions used.

4.1.2 The Attorney's insurance coverage is the primary insurance as respects the Town, its officials, employees, agents, contractors, and volunteers. Any insurance or self-insurance maintained by the Town, its officials, employees, agents, contractors, and volunteers shall be excess of the Attorney's insurance and shall not contribute with it.

4.1.3 The Insurance Company agrees to waive all rights of subrogation against the · Town, its elected or appointed officers, _officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Town's insurer.

4.1.4 Coverage shall not be canceled by either party, except after thirty (30) days prior written notice (10 days for non-payment) by regular mail has been given to the Town.

4.1.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officials, employees, agents or contractors.
11

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4.1.6 Attorney's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ·of the insurer's liability.

4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section 1.3 shall contain or be endorsed to contain the provisions set forth in subsections 4.1.3 and 4.1.4 above.

4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.

4.3 Claims Made Policies. If any of the required policies provide claims-made coverage, the Town requires that coverage with a Retroactive Date prior to the contract effective date, or extended reporting period, be maintained by Attorney for a period of 5 years after completion of the contract.

5. VERIFICATION OF COVERAGE. Attorney shall furnish the Town with original certificates and amendatory endorsements affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Town before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Attorney's obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Proof of insurance shall be mailed to the following address:

Town of Portola Valley
Attn: Town Clerk
765 Portola Road
Portola Valley, CA 94028

6. SUBCONTRACTORS. Attorney shall include all subcontractors as insureds under its policies or shall require and verify that all subcontractors maintain insurance meeting all the requirements of this contract. 12

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.,
RESOLUTION No.· 2743 -2017

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT FOR . LEGAL SERVICES BETWEEN THE TOWN OF PORTOLA VALLEY AND JORGENSON·, SIEGEL, McCLURE & FLEGEL, LLP
WHEREAS, the Town Council of the Town of Portola Valley ("Town") has read and considered that certain Agreement For Legal Services dated November 1, 2017 between the Town and Jorgenson, Siegel, McClure & Flegel, LLP ("Agreement"); NOW, THEREFORE, the Town does RESOLVE as follows:

1. Public interest and convenience require the Town to enter into the Agreement described above.

2. The Town hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement.

PASSED AND ADOPTED this 25th day of October, 2017.

By;J2+r7
ATTEST:
~~~ Town Clerk
1 AMENDMENT 2

TOWN ATTORNEY

LEGAL SERVICES AGREEMENT
This Amendment 2 (“Amendment”) is made as of July 1, 2022, with respect to that certain Town Attorney Legal Services Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Jorgenson, Siegel, McClure & Flegel, LLP (“Attorney”).

RECITALS
A. The Town and Attorney entered into the Legal Services Agreement on November 1, 2017, whereby Attorney agreed to provide legal services to Town.

B. On July 1, 2020, the Town and Attorney entered into Amendment No.1 to renew the term of the Agreement for an additional two years to the date of June 30, 2022, or the date of earlier termination in accordance with provisions in this Agreement C. The parties now desire to renew the Agreement for an additional two years.

NOW, THEREFORE, in consideration of the mutual covenants, the Town and Attorney do hereby agree as follows:

1. Term. Section 4 of the Agreement is hereby amended to read: The term of this Agreement shall commence on the effective date set forth above and shall continue until June 30, 2024, or the date of earlier termination in accordance with provisions in this Agreement. Effective July 1, 2024, the Agreement shall be automatically extended on a month to month basis until terminated or modified as set forth in the Agreement.

2. Compensation. Section 5 of the Agreement is hereby amended to increase the hourly billing rate for developer related reimbursable work from $325.00 per hour to $375.00 per hour as set forth in the fee schedule in Exhibit B.

3. Other than the amendment set forth in Sections 1 and 2 above, no other provisions of the Agreement are amended and all other provisions of the Agreement are in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth above.

TOWN OF PORTOLA VALLEY: Jorgenson Siegel, McClure & Flegel, LLP:
___________________________ __________________________
Craig Hughes, Mayor Cara E. Silver
Partner
ATTEST:
___________________________
Melissa Thurman, MMC
Town Clerk

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2 EXHIBIT B

COMPENSATION

1. Hourly fee for Town legal services:

Cara E. Silver and other attorneys $325.00

3. Hourly fee for project specific work for development:

Cara E. Silver and other attorneys $375.00

4. Hourly fee for Paralegals/Legal Assistants: $100.00

5. Hourly fee will not be charged for travel time to attend evening meetings

6. No additional expenses will be billed other than:
a. Long distance telephone calls (outside 650 area code) b. Federal Express or messenger services
c. Computerized legal research
d. Expenses in connection with litigation or for any outside consultants
These expenses will be billed at actual cost

7. Town to pay registration fee for Cara E. Silver to attend the Spring League of Cities City Attorney Conference.

8. Attorney shall provide the Town Council and City Manager with a confidential quarterly report summarizing the general categories of services provided, the number of hours for each category, and comparing the actual cost to the budget. This quarterly report is intended as a budgeting tool with the parties recognizing that the cost of legal services can fluctuate from quarter to quarter depending on the complexity and quantify of legal issues involving the Town.

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DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022

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• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form

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Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

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2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

Page 73 of 175 ends
Page 1 ends

___________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
Cindy Rodas, Finance Director
DATE: June 8, 2022
RE: Proposed FY 2022-23 Budget

RECOMMENDATION
Staff recommends that the Town Council Review Proposed Budget for FY 2022-23 and Set Public Hearing
LINK TO PROPOSED BUDGET:
https://stories.opengov.com/portolavalleyca/published/Dfjtir2kB

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

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TOWN COUNCIL WEEKLY DIGEST
Thursday – May 26, 2022

1. Agenda – Special Finance Committee Meeting - Tuesday, May 31, 2022, 3:00 PM

2. Agenda –Bicycle Pedestrian & Traffic Safety Committee - Wednesday, June 1, 2022, 8:15 AM

3. Agenda - Planning Commission - Wednesday, June 1, 2022, 7:00 PM

4. Agenda - Emergency Preparedness Committee - Thursday, June 2, 2022, 8:00 AM

5. Letter to CA Senate Budget Subcommittee re May Revise – Excess ERAF Trailer Bill Language—OPPOSE, May 17, 2022

6. Letter to Housing & Community Development re ADU Ordinance, May 25, 2022

Page 75 of 175 ends

_________________________________________________________________________________________________________________________________________________________________________________________

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/82991209705?pwd=S3Rxc3lqQ3VweE1RSmxGTnVxelIxZz09 To access the meeting by phone, dial:
1-669-900-6833
1-877-853-5247 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
Meeting ID: 829 9120 9705
Password: 181086

1. Call to Order

2. Roll Call

3. Oral Communications and Announcements

4. Approve minutes from October 19, 2021, meeting

5. Audit Status Update

6. Finance Committee Meeting Calendar

7. Inclusionary Housing Fund

8. FY 2022-23 Proposed Budget

9. OPEB Funding

10. Additional Retirement Benefits/Pension Funding

11. PV Investment Fund

12. Adjournment

TOWN OF PORTOLA VALLEY
Finance and Audit Committee Meeting
Tuesday, May 31, 2022 – 3:00 - 5:00 PM
Special Videoconference Meeting via Zoom

Page 76 of 175 ends

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/89619471790?pwd=QmpONWxYZEtIT3VieXlDQ1pEM1ZzQT09 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: 896 1947 1790
Password: 364462

1. Roll Call.

2. Review/ Approval of the Minutes of the April 6th 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
b. Request for progress on Design and Engineering of Recommended new pedestrian safety facilities

6. Ongoing Committee Business
a. Oral report from the May 16th Committee of Committees Meeting. Discussion of Portola Valley Housing Element (HE) update Discussion of Committee Priorities and concerns for future feedback

7. Events:
a. Zots to Tots 2022

8. Matters Arising

9. Next meeting scheduled July 6th 2022. Default time 8:15 AM, Via Zoom Adjournment

TOWN OF PORTOLA VALLEY
Bicycle, Pedestrian and Traffic Safety
Committee Meeting
Wednesday, June 1, 2022 – 8:15 AM
Zoom Teleconference

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_____________________________________________________________________________

SPECIAL MEETING AGENDA
Remote Meeting Covid-19 Advisory: On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021. The bill extends the teleconference procedures authorized in Executive Order N-29-20, which expired on September 30, 2021, during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill. Portola Valley Town Council and commission and committee public meetings are being conducted electronically to prevent imminent risks to the health or safety of attendees. The meeting is not available for in-person attendance. Members of the public may attend the meeting by video or phone linked in this agenda.

Below are instructions on how to join and participate in a Zoom meeting.

Join Zoom Meeting Online:

Please select this link to join the meeting:
https://us06web.zoom.us/j/85970940275?pwd=NUc3MHl4a2hGQmJYZXEyaDgzUExGQT09 Or: Go to Zoom.com – Click Join a Meeting – Enter the Meeting ID Meeting ID: 859 7094 0275 Passcode: 895027
Or Telephone:

1.669.900.6833

1.888.788.0099 (toll-free) Enter same Meeting ID

*6 - Toggle mute/unmute.
*9 - Raise hand.

Meeting participants are encouraged to submit public comments in writing in advance of the meeting.

Please send an email to [email protected] by 12:00 PM on the day of the meeting. All comments received by that time will be distributed to Commissioners prior to the meeting. All comments received are included in the public record.

We encourage anyone who has the ability to join the meeting online to do so. You will have access to any presentations that will be shown on your screen and can easily provide comments using the “raise your hand” feature when the Chair calls for them.

TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Planning Commission
Wednesday, June 1, 2022

THIS SPECIAL MEETING IS BEING HELD

VIA TELECONFERENCE ONLY

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7:00 PM - CALL TO ORDER AND ROLL CALL
Commissioners Hasko, Targ, Taylor, Vice-Chair Goulden, Chair Kopf-Sill

ORAL COMMUNICATIONS
Persons wishing to address the Planning Commission on any subject not on the agenda may do so now. Please note, however, that the Planning Commission is not able to undertake extended discussion or action tonight on items not on the agenda. Comments will be limited to three minutes.

NEW BUSINESS

1. Preliminary review of an application for a Conditional Use Permit Amendment to allow an increase in memberships, File #PLN_USE0001-2021, 4139 Alpine Road, Alpine Hills Tennis & Swimming Club (S.

Avila)

2. Annual Housing Element Progress Report for 2022 (L. Russell)

PUBLIC HEARING

3. Municipal Code Amendments for Supportive and Transitional Housing to Comply with State Law (J. Garcia)

COMMISSION, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS

3. Commission Reports

4. Staff Reports
a. Update on Housing Element and Safety Element
b. Update on return to in-person meetings

APPROVAL OF MINUTES

5. Planning Commission Meeting of May 4, 2022

ADJOURNMENT

ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.

AVAILABILITY OF INFORMATION
Any writing or documents provided to a majority of the Town Council or Commissions regarding any item on this agenda will be made available for public inspection at Town Hall located 765 Portola Road, Portola Valley, CA during normal business hours. Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall.

PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s).

Page 79 of 175 ends

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/87354601034?pwd=YjJUVnJ3Tm0xeXZPaVlVdk16a3NJQT09 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: 873 5460 1034
Password: 858084
AGENDA

1. 8:00 Call to order
o Members: Dave Howes, Dale Pfau/Chair, Chris Raanes, Ray Rothrock, Jerry Shefren/Vice Chair, Craig Taylor, Bud Trapp, Vic Schachter, Marianne Plunder, Rob Younge, Lynn Eisberg
o Guests: John Richards/Town Council, Rob Lindner and Selena Brown WFPD

2. 8:01 Roll Call

3. 8:03 Oral Communications

4. 8:04 Annual Safety and Communications Day – June 25

5. 8:05 Review and approval of minutes;
o Motion; Approve minutes of May 5, 2022

6. 8:05 Creation of ad hoc Safety Element Subcommittee
o Members

7. 8:07 Volunteer Opportunities
o EPC Secretary
o EPC Liaison to WPV-Ready
o EPC representative to Wildfire Preparedness Committee

8. 8:09 Evacuation Traffic Study Presentation
o Bob Grandy, Fehr & Peers

9. 9:00 Next regular meeting is July 7, 2022
o Quorum Check
o Call for Agenda Items for next meeting
o Upcoming Activities
 June 25 – Annual Communications and Safety Day

10. 9:00 Adjourn

TOWN OF PORTOLA VALLEY
Regular Meeting of the
Emergency Preparedness Committee
Thursday, June 2, 2022 - 8:00 AM
Via Zoom
765 Portola Road, Portola Valley, CA 94028

Page 80 of 175 ends

TOWN of PORTOLA VALLEY
Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 May 17, 2022 (via Email)
The Honorable Sydney Kamlager
Chair, Senate Budget Subcommittee #4 on State Administration and General Government 1021 O Street, Suite 6510
Sacramento, CA 95814
The Honorable Wendy Carrillo
Chair, Assembly Budget Subcommittee #4 on State
Administration 1021 O Street, Suite 5730
Sacramento, CA 95814
Re: May Revise – Excess ERAF Trailer Bill Language-- OPPOSE Dear Chair Kamlager & Chair Carrillo:

On behalf of the Town of Portola Valley, I write to convey our unanimous opposition to a revised proposed trailer bill released in connection with the May Budget Revision currently titled “Act to Amend Section 97.70 of Revenue and Taxation Code relating to taxation and making an appropriation therefor.” This proposed trailer bill (like a previous, unacceptable version) would change current law in a way that would significantly harm counties and cities by permanently “capping” the ERAF funds that would be returned to them (after schools have been fully funded) and, instead, use such local tax revenues to pay the State’s in-lieu Vehicle License Fee (VLF) obligation.

If enacted, this proposal would cause significant immediate and future financial losses to the local agencies’ revenues and require reductions in critical public services so that the State can offload its VLF obligation onto the local agencies themselves. This bill will ultimately result in San Mateo County and its cities losing hundreds of millions of dollars every year, funds that are already budgeted by many municipalities for important local services.

As we have noted previously, the VLF “Swap” was an integral part of the 2004 Budget compromise under which counties and cities gave up significant revenue to address the State’s budget deficit. The VLF Swap legislation identified two direct sources of funding to pay the State’s in-lieu VLF obligation to counties and cities: (a) ERAF distributions to nonbasic aid schools; and (b) property tax revenues of non-basic aid schools. While the statute identifies these two funding sources, the State effectively pays the VLF obligation to local agencies because it backfills the non-basic aid school districts for these amounts so school

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2 districts do not suffer any financial loss from the in-lieu VLF obligation.

The VLF Swap law, which codified this compromise and remains in effect, explicitly provides that counties and cities’ excess ERAF monies are not available to pay the State’s VLF obligation. When this compromise was reached, neither local agencies nor the Legislature anticipated that the two funding sources to pay the State’s in-lieu VLF obligation would ever be insufficient to do so. In recent years, however, VLF revenue shortfalls have occurred and, as a result, cities and counties have been required to make special appropriation requests to receive their full amount of VLF in arrears.

The State is now proposing to address this shortfall by taking local agencies’ own funds to pay for the State’s VLF obligation. Specifically, this bill would amend Revenue & Taxation Code § 97.70(f)(1) to reverse the current statutory restriction on using local agencies’ excess ERAF and instead permanently cap it so that future growth can be used to fund the State’s VLF obligation. This fundamental change will harm local agencies by tens of millions of dollars growing to hundreds of millions, as the State’s share of the VLF shortfall shrinks.

Under this proposal, local capped excess ERAF will decline in value while the State absorbs all of the growth to offset its statutory VLF obligation. The trailer bill would also violate constitutional provisions approved by the voters, including as Proposition 1A and 22, that prohibit the State from raiding local agency funds to pay for its responsibilities. Indeed, the act would penalize local agencies that seek to vindicate their constitutional rights by including a provision to immediately terminate State funding for shortfalls if its cap on excess ERAF is invalidated in Court.

Moreover, excess ERAF monies comprise a significant percentage of the City’s overall General Fund revenues and fund critically important public services and programs, such as the loss of least one position (the Town is the smallest staffed in San Mateo County at 16 FTEs).

Capping this funding and allocating any growth to instead pay the State’s VLF obligation effectively cements the VLF shortfall—now transformed under the trailer bill into an excess ERAF shortfall—as a permanent loss in local revenues that will have a devastating impact on our budget and ability to continue providing these needed local services. Under this proposal, the City’s excess ERAF dollars will be frozen while local needs grow and the State absorbs all future excess ERAF dollars to fund its own statutory obligation to make VLF payments.

As such, we urge you to reject this trailer bill language so that none of its amendments to Revenue and Taxation Code § 97.70 are enacted into law.

In sum, the City strongly opposes the proposed trailer bill offered in the May Revise. The trailer bill reneges on commitments that the State previously enacted into law regarding the source of VLF funding, violates State constitutional provisions that prohibit such raids of local funds and the 2004 budget compromise between the State and local agencies. The

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3 State must fund its VLF obligation without diverting hundreds of millions of dollars from local agencies’ budgets, requiring cuts and further constraining their ability to deliver critical public safety and health services to their communities.

Sincerely,
Jeremy Dennis
Portola Valley Town Manager
CC: Portola Valley Town Council
Senator Josh Becker
Senator Scott Weiner
Assembly Member Kevin Mullin
Assembly Member Marc Berman
Assembly Member Phil Ting
San Mateo County Board of Supervisors
San Mateo County, County Executive Mike Callagy
Cities and Towns of San Mateo County

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TOWN of PORTOLA VALLEY Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 May 25, 2022
Mike Van Gorder
Housing Policy Analyst
Accountability and Enforcement Unit
California Department of Housing
& Community Development
2020 West El Camino Avenue
Sacramento, CA 95833
Dear Mr. Van Gorder:

This letter responds to HCD’s inquiry regarding the fire safety exemption in the Town of Portola Valley’s recently adopted Accessory Dwelling Unit (ADU) Ordinance.

Introduction
In implementing the new ADU state law, the Town elected to carve out a narrow exemption under Government Code 65852.2 (a) for existing parcels lacking adequate emergency ingress/egress.

This important location exception is based on “the impact of accessory dwelling units on traffic flow and public safety” authorized under Government Code Section 65852.2(a)(1)(A). The exception was developed in coordination with the Town’s fire protection district, Woodside Fire Protection District (WFPD), which identified two physical constraints impacting safe evacuation in town: (1) properties accessed by a road of less than 18 feet [i.e. the necessary width to permit an emergency vehicle accessing the area to pass a vehicle evacuating the area] and (2) properties with a single connection to the street network.1 The roadway width criteria is also codified in the local amendments to the Fire Code adopted by WFPD and ratified by the Town.2 In fact this
criteria was drawn even more narrowly than the Fire Code in that the fire Code requires a 20 feet street width and does not contain an exception for properties with a second connection to the street network.

We understand that HCD has questioned the Town’s ability to regulate fire access issues for ADU’s falling under 65852.2 (e). Our interpretation of the regulation is that subsection (a) (1)(A) contains a narrow carveout for “traffic flow and public safety.” While State law requires local agencies to approve ADUs consistent with Section 65852.2 (e), State law still authorizes local agencies to adopt location restrictions provided they fall under the “public safety” exception described above. We note that all of the new housing legislation contains a narrow exception for “public health and safety” issues, which are better left to local –albeit heavily circumscribed— regulation. Thus, the Housing Accountability Act, the Housing Crisis Act and SB 35 all authorize 1 The majority of parcels in Portola Valley are over one acre. However, in the area of town which contains most of the safety concerns (Woodside Highlands), the parcels are less than an acre. The parcel size of less than an acre was added to the criteria as an alternative way to screen for the fire safety exception. 2 See WFPD Ordinance No. 12, Fire Code Section 503.2.1 Amended (Fire Apparatus Access Roads).

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the local agency to disapprove projects if specific health and safety findings can be met. Instead of containing a project specific “public health and safety” finding, the ADU law permits local agencies to specify in advance certain locations where ADUs are not permitted based on “public safety” reasons. Having no public safety exception would be against public policy, would endanger occupants and nearby neighbors and pose significant liability on the Town.

The Town’s justification for its “fire safety” exception is described below.

Background
The Town of Portola Valley is a rural community located in San Mateo County. The Town has a population of 4,500 and consists of 9 square miles of heavily forested, mountainous land. Most of the existing housing stock in Portola Valley contain septic systems. The Town’s fire protection is provided by the Woodside Fire Protection District.

Hazard and Evacuation Assessment
The Town’s Safety Element identifies seismic, flood, wildfire and landslides hazards. Portions of the Town are transected by the San Andreas Fault Zone, which has the potential to generate significant seismic shaking and cause damage to roadways, infrastructure, and buildings. There are some areas of the Town mapped within FEMA flood hazard zones3. The main waterways identified within these flood hazard zones are Sausal and Corte Madera Creeks. As for fire, Cal Fire mapping indicates the northwest portion of the Town is located within the Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area (LRA)4, while areas to the north, west, and south of the town are in moderate, high, and very high zones within State Responsibility Areas (SRAs). In recent years, residents have had difficulty obtaining fire insurance and many residents have had their insurance cancelled because of fire risk. According to the California Geological Survey, a significant portion of the community is mapped within a landslide susceptibility zone5. Many of the parcels within the Town, are located within areas of medium or high landslide susceptibility. Much of the Town consists of geologically unstable ground resulting in active and recent landslides. The Town employs a Town Geologist who has prepared a town wide geologic and ground movement potential map which was last updated in 2017. (Attachment B.)
In case of an emergency, the Town has five streets designated as evacuation routes. Of the Town’s 52.88 miles of roadways, approximately 40% (21.16 miles) are identified as constrained roadways, which includes cul-de-sacs and roadways with a single connection to the rest of the roadway network. Many of the Town’s older housing subdivisions were built before Wildland Urban Interface (WUI) street standards and front on sub-standard, narrow, steep and privatelyowned streets not accessible by a standard fire engine. (See Attachment D for examples of such sub-standard private streets.) The Town recently completed a hazard and evacuation study required by SB 99 and SB 747, which found a total of 589 individual parcels that may be affected by evacuations due to limited ingress/egress conditions during a hazard event. (Attachment E.) 3 Federal Emergency Management Agency National Flood Hazard Layer (NFHL) Viewer, 2012 4 Instead of formally adopting the CalFire map, the Town Council commissioned its own fire map containing a more detailed analysis of the vegetative fire risk throughout town (Attachment C.) In recognition of the widespread fire risk, the Town Council also elected to apply Building Code Chapter 7A to the entire town. 5 California Geological Survey, 2011, C.J. Wills, F.G. Perez and C.I Gutierrez.

Susceptibility to Deep-Seated Landslides in California, Map Sheet MS-58.

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Rural Land Uses
The Town, located in a WUI, consists of forested land and rural land uses. Approximately half of the town is open space preserve. (Attachment F.) The largest preserve, known as the Windy Hill Open Space Preserve, is operated by the Midpeninsula Open Space Trust and consists of 1,353 acres of open space with 13 miles of regional hiking trails. There are only two bus routes passing through town, with one running once daily and the other running twice daily. The majority of the existing land uses consist of single family homes and ADUs. There is some limited professional office and retail, but the small population and high land prices make other neighborhood serving uses, such as medical office and personal services, economically challenging.

The Town of Portola Valley has a permissive accessory dwelling unit (ADU) ordinance even permitting multiple ADUs on larger single family parcels. Over the years, the Town has addressed the creation of ADUs several times in response to Town Council priorities and State law changes.

On March 27, 2019, the Town Council updated its ADU ordinance to significantly increase the size of permissible ADUs, expand their permitted use to all zoning districts, relax parking requirements and establish a “by right” process for certain ADU categories. The Town heavily relies on ADUs to satisfy its affordable housing requirements under State law.

Wildfire Safety Planning
In the midst of California’s recent wildfire crisis, now compounded by climate change and drought, fire safety planning is one of the Town’s top priorities. In 2020, Portola Valley and the Woodside Fire Protection District received a grant to work with Community Planning Assistance for Wildfire (CPAW) to address wildfire mitigation issues through a Community Wildfire Protection Plan (CWPP), amongst other efforts such as improved land use planning and hazard mitigation. The Town recently adopted a home hardening ordinance applicable to all new housing development as well as remodels and additions. This ordinance imposes fire resilient building standards above and beyond Chapter 7A. The Town also created, in 2019, a Wildfire Preparedness Committee of which a few dozen recommendations have been adopted.
2020 State Law Updates
Given the Town’s fire and geologic safety concerns, the latest ADU ordinance invokes the state law’s authority to restrict the location of ADUs based on “public safety” through a multi-pronged safety exception. Specifically, ADUs and JADUs are permitted on all parcels in all zoning districts, where a main building is in existence or is proposed concurrently, with the following fire and geologic caveats:
a. Fire safety exception.
i. Prohibition. ADUs are prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/ egress and (2) has a width of less than eighteen feet.
ii. Ingress/egress restriction. ADUs on parcels which are one acre or larger and whose direct vehicular access is from a road or cul-de-sac, which (1) has a single point of ingress/ egress and (2) has a width of less than eighteen feet, shall comply with the setback requirements of the underlying zoning district, regardless of ADU size. iii. Additional restrictions. Any proposed external ADU, which does not comply with the underlying zoning or local setbacks governing the parcel, shall comply with and submit with the ADU application a completed Town of Portola Valley Fire Safety Checklist adopted by resolution of the Town Council (Attachment G). The checklist shall contain requirements for ADU construction methods and materials, defensible space and vegetation management. Such checklist requirements shall be additive to other applicable building and safety requirements.

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b. Geologic safety exception.
i. Prohibition. ADUs are prohibited where construction is not permitted under Resolution No. 2746- 2017 (or successive resolution or ordinance) Geologic Regulations") which governs construction on or near earthquake faults and traces and areas subject to active downslope movement as shown on the town' s Geologic and Ground Movement Potential maps as updated from time to time.
ii. Additional restrictions. ADUs located in areas Y* and N* shall comply with the Town' s Geologic Regulations.

In summary, the Town of Portola Valley has worked diligently to protect the public’s safety from substantial fire and geologic risk while encouraging ADUs and JADUs in all zoning districts in the community which meet the WFPD’s emergency vehicle access road requirement codified in the local fire code amendments adopted by WFPD and ratified by the Town. I look forward to talking with you further on these issues.

Sincerely,
Cara Silver
Town Attorney
Enclosures:

A. Ordinance updating the Town’s Accessory Dwelling Unit Ordinance B. Geologic and Ground Movement Potential Map
C. Moritz Fire Map
D. Photos of narrow streets
E. SB 99 evacuation assessment
F. Open Space Map
G. Fire Safety Checklist

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EXHIBIT A

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ORDINANCE NO. 2021-438

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY AMENDING SECTION 18.36.040 [ACCESSORY USES] OF CHAPTER 18.36 [USES PERMITTED IN ALL DISTRICTS] OF TITLE 18 [ZONING] OF THE PORTOLA VALLEY MUNICIPAL CODE
WHEREAS, the State of California recognizes the potential for Accessory Dwelling Units (ADU) as a housing strategy, and has passed several laws to lower the local regulatory barriers to construction; and
WHEREAS, in Portola Valley ADUs can provide additional affordable housing opportunities in order to satisfy the Town's Regional Housing Needs Assessment while maintaining the rural character of the Town and not increasing fire risk; and WHEREAS, on May 9, 2018 the Town Council of the Town of Portola Valley did adopt an ordinance amending Title 18 [Zoning] to comply with the requirements of State law; and
WHEREAS, on March 27, 2019 the Town Council of the Town of Portola Valley further updated its ADU ordinance to comply with additional requirements of State law; and
WHEREAS, effective January 1, 2020, the State adopted further amendments to Sections 65852.2 and 65852.22 of the Government Code requiring towns to further reduye potential barriers to Accessory Dwelling Unit and Junior Accessory Dwelling Unit creation; and
WHEREAS, in many respects the Town's 2019 update goes beyond the current state law requirements. However, the recent round of legislative changes requires some further updating; and
WHEREAS, Section 65852.2 of the Government Code further enables local governments to go beyond the minimum requirements of said statute to encourage ADUs; and
WHEREAS, the Town Council desires to further encourage the creation of Accessory Dwelling Units to help meet its housing needs and goals; and WHEREAS, in recent years, wildfires have become an increasing threat to both life and property in California. This threat is highest in areas such as Portola Valley where urban areas abut wooded and wildland areas. Portola Valley shares California's increasing concern of wildfire due to the increase in both the number and severity of wildfires. This concern has been heightened by Portola Valley's proximity to the recent CZU August Lightning Complex in San Mateo and Santa Cruz Counties, which destroyed 925 residences, damaged 90 residences and threatened more than 3,800 other structures.

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WHEREAS, Cal Fire has issued state-wide maps showing Fire Hazard Severity Zones. The maps rate areas in State Responsibility Areas (SRA's) and Local Responsibility Areas (LRA's). The vast area west of Skyline Blvd. that borders Portola Valley is designated as SRA. In lieu of adopting the state maps for the LRA's, the Town commissioned a report, FUEL HAZARD ASSESSMENT STUDY, by Moritz Arboricultural Consulting in 2008. The report identified much of the town as having high and very high fuel hazards. To further protect against local fire risk, the Town has exceeded the state requirement by extending Chapter 7 A of the California Building Code to apply to all new construction throughout town limits; and WHEREAS, a Fire Hazards Map, which designates areas subject to significant fire hazards, has been prepared for the Town by Moritz Arboricultural Consulting. The map shows eleven vegetation associations and assigns a rating of potential fire behavior to each association. The ratings and general descriptions of associations are as follows: "highest" (h+) includes a shrub type (chaparral) and three forest types (fireprone oak woodland, mixed evergreen forest, and fire-prone urban forest) "high" (h) includes two forest types (fire-prone urban forest and redwood forest) and one scrub type (coastal scrub) "moderate" (m) includes urban savanna and grassland "low" (I) includes mowed grass and vineyard; and
WHEREAS, most of the developed parts of the town, that is the area east of the valley floor, are classified as an urban forest and therefore classified as "high" risk.

Several steep wooded canyons and steep slopes in this area are classified as fire prone oak woodland and therefore classified as the "highest" risk. These canyons are generally the steep back portions of lots where homes, often with wood roofs, are located higher on the properties. Large undeveloped portions of the western hillsides are classified as "highest" risk and "high" risk. It is impractical to undertake extensive removal and trimming of vegetation in these extensive areas. The boundaries of these areas are of greatest concern where they adjoin developed parts of the town. Also, some developed portions of the western hillsides are classified as fire-prone urban forest and therefore classified as "highest" risk; and
WHEREAS, the Moritz map and report address the fire hazard presented by different vegetation types. The comprehensive fire hazard, however, is further complicated by other factors: 1. Water Supply. 2. Accessibility. The factor of "accessibility" is measured in terms of travel time from a fire station to a potential fire location. It is a measure of the time and degree of roadway access including driveways, in which the responding fire apparatus can navigate to arrive at the incident and start extinguishment or other operations. 3. Land Slope. Land slope influences fire safety in two ways. First, fire spreads up steep slopes far faster than it does on level land.

Secondly, the slope of the land determines how easy it is to move firefighters and equipment to the scene of the fire or other emergencies. 4. Flammability of Structures.

The ignition of fires in buildings is conditioned by the building materials that have been used. Concern is not only with respect to a particular building but also to the strong likelihood that fire brands can travel between buildings and thereby contribute to the spread of a fire; and
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WHEREAS, the Town's Safety Element concludes the following from analysis of fire hazards in Portola Valley:

1. While the eastern portion of Portola Valley has been developed with adequate roads and has good water supply systems, there are significant fire hazards in canyon areas as well as in heavily vegetated areas. More aggressive programs are needed to addresses these concerns. Fortunately, these areas can be reached quickly by fire fighting equipment, and firefighters are normally able to subdue fires in these areas quite rapidly.

2. The western hillsides of Portola Valley, which are steep, have few roads, lack an adequate water supply and have dense vegetation are relatively hazardous when judged from a fire safety point of view. These areas cannot be reached quickly by fire fighters, and when reached, fire fighters may have substantial difficulty in fighting the fire because of an inadequate road system, dependence on hand carried equipment, and lack of water. These lands are clearly the most hazardous in the planning area.

3. The large number of homes built in the town with wood siding and wood shingle roofs pose a fire threat because of their relatively easy ignition.

The Town will update its Safety Element in 2021-2022, but these general conclusions are still operative; and
WHEREAS, ADUs on parcels that have direct vehicular access from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet are more likely to have evacuation challenges in the case of a wildland fire and/or other natural disaster. Further AD Us built within four feet of the adjacent property are less able to form a fire block with the adjacent property; and WHEREAS, there are major areas of active and recent landslides in the community as well as the presence of the San Andreas Fault System, a fault system considered active and potentially dangerous. Landslides and the San Andreas Fault System can and have destroyed structures including buildings, roads and other improvements both within the Town and nearby areas. Such failures pose a threat to persons and property by potentially resulting in the following:

1. Injury or death to occupants of a structure.

2. Failures of electrical and gas facilities in a structure resulting in fires that can endanger occupants as well as surrounding properties.

3. Damage to public and private infrastructure, including water lines, sewer lines, gas lines and communication lines resulting in costs to responsible agencies.

4. Demands on fire, police, medical and other emergency personnel thus incurring costs to the public.

5. Physical damage to natural drainage courses and storm drains resulting in adverse impacts on surrounding properties.

6. Physical impact on adjoining properties by encroachment of landslide material and structures.

7. Concurrent damage to structures in the event of an earthquake thereby causing an overload on emergency service capabilities; and ADU Ordinance
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WHEREAS, on April 14, May 19 and June 2, 2021, the Planning Commission held a public hearing to review the proposed ordinance regarding Accessory Dwelling Units at which all interested persons had the opportunity to appear; and WHEREAS, on June 23, 2021, the Town Council held a public hearing to introduce the ordinance and on July 14, 2021, after considering the entire record of proceedings, including but not limited to, the staff report and all written and oral comments received and the Planning Commission recommendation, the Town Council voted to adopt the ordinance.

NOW, THEREFORE, the Town Council of the Town of Portola Valley does ORDAIN as follows:

1. AMENDMENT TO CODE. Section 18.36.040 [Accessory Uses] of Chapter 18.36 [Uses Permitted in All Districts] of Title 18 [Zoning] of the Portola Valley Municipal Code is hereby amended to read as follows:

A. An accessory use is a related minor use which is either (a) necessary to the operation or enjoyment of a lawful principal use or conditional use, or (b) appropriate, incidental and subordinate to any such use. No use in any district shall be permitted as an accessory use which is not qualified as hereinabove set forth, or which constitutes in effect a conversion of a principal use to one not permitted in that district. This section shall apply to new construction and replacement.fixtures._ln addition to other uses meeting the qualifications set forth in this section, and subject to the limitations set forth in this title, the following accessory uses are permitted in all districts when located on the same parcel as the principal use:

1. The installation and operation of necessary facilities and equipment in connection with such schools and other institutions as are permitted in the respective district;

2. Recreation, refreshment and service buildings in public parks;

3. Required off-street parking spaces and required off-street loading spaces as regulated by this title;

4. Fences and walls subject to the height and area regulations of this title;

5. Hedges, trees, shrubs and other ornamental planting;

6. Horticulture;

7. Electric and communication service lines provided that all such lines are placed underground except where exempted in accordance with the procedure set forth in subsection B of Section 18.36.01 O;

8. Outdoor Illumination [See Ordinance No. 2018-424, adopted on August 8, 2018, for full text].

9. Septic tanks and drain fields;

10. Antennas designed to receive television or microwave signals transmitted from satellite or terrestrial stations. Antennas with diameters exceeding four feet are subject to review by the architectural and site control commission as provided for by paragraph 6 of subsection A of Section 18.64.010.

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11. Tennis courts and paddle tennis courts, provided the sum of the maximum depth of cut and maximum height of fill for such facilities shall not exceed the following:

Parcel Area Combined Cut & Fill Feet
1 .0 ac. or less 8

1.2 ac. 9

1.4 ac. 10

1.6ac. 11

1.8ac. or more 12
B. Accessory Dwelling Units and Junior Accessory Dwelling Units

1. Purpose. The purpose of this section is to define accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs), and describe their development standards, review required, and additional regulations. ADUs and JADUs are allowed in certain situations in order to help achieve the town's goals which include but are not limited to:
a. Encourage the development of ADUs and JADUs through a ministerial approval process;
b. Create new housing units while respecting the existing character of the town;
c. Provide housing that responds to residents' changing needs, household sizes, and increasing housing costs, and provide accessible housing for seniors and persons with disabilities;
d. Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints; and e. Promote provision of affordable housing for people who work in town.

2. Definitions. The following definitions shall govern this section. a. Accessory Dwelling Unit, or ADU. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the main building to which it is accessory. An accessory dwelling unit also includes:
i. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
ii. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

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iii. Internal ADU. Created by converting existing or proposed interior space of a single-family or multi-family structure, such as bedrooms, attached garages, basements or attics, or a combination thereof. Converted space can also be within an existing accessory structure.- iv. External ADU. A unit which requires new construction, either attached to or detached from the main building.

1. Attached ADU. A unit which is attached to or part of the main building. Attached ADUs include new construction which is attached to the existing building, and a mix of new construction and converted space.

2. Detached ADUs. A separate building, independent from the main building, built using new construction.
b. Adjusted Maximum Floor Area, or AMFA. The maximum allowed floor area for a residential parcel, calculated by the town using the parcel's size, slope, mapped ground movement potential, and mapped flooding potential.
c. Director. Planning and building director, also referred to as the town planner.
d. Discretionary Review. Review of a project against the General Plan, municipal code, and Design Guidelines. The reviewing body exercises judgment in applying policies to a specific project in context and determining whether the required findings for approval can be made. The reviewing body considers public comment and may impose conditions of approval on the project.
i. Staff Discretionary Review. A review process wherein the planning and building director shall review certain accessory dwelling unit applications in coordination with one member of the architecture and site control commission (ASCC).
ii. Architectural and Site Control Commission, or ASCC. A review process wherein the full ASCC reviews projects at a public meeting. e. Efficiency Kitchen. A space containing a sink with a maximum waste line diameter of 1.5 inches, a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
f. Existing Interior Space. For the purposes of internal ADU creation, existing interior space shall be within a building which was permitted by the town and passed its final building inspection.
g. Guest House. A building separate from the main residence which includes a bedroom and may include a bathroom, but does not include a kitchen.

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h. Junior Accessory Dwelling Unit or JADU. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence.

A JADU shall include an efficiency kitchen and may include separate sanitation facilities. A JADU shall have a separate external entrance from the main building. Junior accessory dwelling units do not constitute ADUs under this code.
i. Main Building. This term is defined in Chapter 18.04 (definitions). For the purposes of this section, it describes the building to which an ADU is accessory. Main buildings can have a residential or non-residential use, as permitted by this title. This section interchangeably uses the term "primary residence" and "primary dwelling" to refer to residential main buildings. j. Ministerial Review. A review process which is objective in nature and involves no personal judgment. The reviewing body confirms that all requirements are satisfied before approving a project, and may not consider public comment or impose conditions of approval. k. Multifamily structure. For the purpose of this section only, a structure with two or more attached dwelling units on a single lot is considered a multifamily structure. A supportive housing project consisting of two or more units is considered a multifamily structure provided the majority of the units have their own kitchen facility. The following are not multifamily structures for the purposes of this section:

1. Multiple detached single-unit dwellings on the same lot;

2. A single family dwelling containing a JADU or an interior ADU;

3. A single family dwelling with (i) a JADU or an interior ADU and (ii) an exterior ADU, either attached or detached.

4. A single family dwelling with more than one ADU.

I. Second Address. An address issued by the planning and building department for a permitted accessory dwelling unit on a parcel that has an existing unit with a different address.
m. Second Unit. See accessory dwelling unit.

3. Applicability. ADUs and JADUs shall be permitted on all parcels in all zoning districts, where a main building is in existence or is proposed concurrently. a. Fire safety exception.
i. Prohibition. ADUs are prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet.

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ii. Ingress/egress restriction. ADUs on parcels which are one acre or larger and whose direct vehicular access is from a road or cul-de-sac, which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet, shall comply with the setback requirements of the underlying zoning district, regardless of ADU size.
iii. Additional restrictions. Any proposed external ADU, which does not comply with the underlying zoning or local setbacks governing the parcel, shall comply with and submit with the ADU application a completed Town of Portola Valley Fire Safety Checklist adopted by resolution of the Town Council. The checklist shall contain requirements for ADU construction methods and materials, defensible space and vegetation management.

Such checklist requirements shall be additive to other applicable building and safety requirements.
b. Geologic safety exception.
i. Prohibition. ADUs are prohibited where construction is not permitted under Resolution No. 27.46-2017 (or successive resolution or ordinance) ("Geologic Regulations") which governs construction on or near earthquake faults and traces and areas subject to active downslope movement as shown on the town's Geologic and Ground Movement Potenti.al maps as updated from time to time.
ii. Additional restrictions. ADUs located in areas Y* and N* shall comply with the Town's Geologic Regulations.

4. Development Standards. All existing development restrictions in the base zoning district shall apply, except as modified by this section. These requirements include but are not limited to coverage, open space, bulk, density, floor area and adjusted maximum floor area, impervious surface, height, setbacks, parking, site development, and outdoor lighting requirements.
a. Number.
i. One ADU and one JADU shall be permitted on all parcels smaller than

3.5 acres in size.
ii. Two ADUs shall be permitted on parcels 3.5 acres or larger in size as follows: one ADU must be detached from the main building and one ADU must be internal. A JADU shall be permitted in lieu of an internal ADU. b. State Exemption ADU. As mandated by State law, any parcel zoned residential or mixed-use permitting residential shall be permitted to build one of the following applicable AD Us. The following AD Us shall be subject to ministerial review and are not subject to the town's lot coverage, AMFA, setback, height, or size standards. However, the safety exceptions in Section 3a and 3b above shall apply.

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i. New construction. One detached ADU of up to 800 square feet, 16 feet in height, and with 4 feet side and rear yard setbacks is allowed on residential lots containing one existing or proposed single-family dwelling.
ii. Conversions/Interior units. One ADU or one JADU is permitted per lot within the existing or proposed space of a single-family dwelling or an existing accessory structure that contains exterior access and setbacks sufficient for fire and safety.
iii. Multi-family ADUs. Applicant can select one of two options:

Option 1: Conversion. Up to twenty-five percent of the existing multifamily dwelling units in a multifamily structure may convert any non-livable space to an ADU. Non-livable space includes storage rooms, boiler rooms, or parking. Under this option, at least one ADU shall be permitted regardless of the number of multifamily units. Thus, for a three unit multifamily structure, one ADU may be developed through conversion of non-livable space.

Option 2: Alternatively, up to two detached ADUs may be constructed on a lot that has an existing or proposed multifamily structure, and shall be subject to a height limit of 16 feet and side and rear yard setbacks of 4 feet.
c. Floor Area Limits
i. Floor Area. The minimum size of an ADU or JADU shall be defined by the California Building Code. The maximum size shall be:

ADU Ordinance
Town Council

1. Eight hundred and fifty square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom where the proposed ADU does not comply with the setbacks of the base zoning district and special setbacks applicable to the parcel.

2. Twelve hundred square feet for external ADUs where the proposed ADU complies with the setbacks of the base zoning district and special setbacks applicable to the parcel, on parcels smaller than

3.5 acres in size.

3. Fifteen hundred square feet for external ADUs where the proposed ADU complies with the setbacks of the base zoning district and special setbacks applicable to the parcel on parcels 3.5 acres or larger in size. If such parcel also contains an interior ADU, the maximum floor area limit of the external ADU shall not exceed twelve hundred square feet.

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4. Seventeen hundred square feet for internal ADUs on all parcel sizes.

5. Five hundred square feet for JADUs on all parcel sizes. ii. Percentage. An external ADU shall be additionally limited to fifty percent of the floor area of the existing or concurrently proposed main building, except as necessary to enable an ADU up to eight hundred and fifty square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom. iii. Adjusted Maximum Floor Area (AMFA) and Floor Area Ratio. ADU and JADU floor area shall be limited to the maximums described at subsections 4.c.i.2-5 or the floor area allowed by the base zoning district, whichever is more restrictive.
d. Floor Area-Calculations.
i. Basements. Space which meets the definition of a basement (Section

18.04.065), whether under a main residence or an ADU, shall not be included in AMFA calculations. However, floor area maximums at Section 18.36.040.8.4.c and review authority at Section 18.36.040.8.6 shall both apply to basement floor area that is part of an ADU.

Basements located under an ADU that do not have internal access to the ADU are discouraged and shall be counted towards AMFA calculations.
ii. Covered parking provided for ADUs shall be included in site AMFA calculations ..
e. Height. The maximum height for any type of ADU shall be:
i. Sixteen feet vertical height and sixteen feet maximum height for an external ADU subject to ministerial review where the setbacks are less than those of the base zoning district.
ii. Eighteen feet vertical height and twenty-four feet maximum height and shall be subject to ministerial review where the setbacks comply with those of the base zoning district. This includes daylight planes, where applicable.
iii. More than eighteen feet vertical height or twenty-four feet maximum height, where allowed by the base zoning district, and shall be subject to staff discretionary review.
f. Parking and Driveways.
i. Parking Requirement. JADUs and internal ADUs shall not require any dedicated parking spaces. External ADUs shall require one dedicated parking space, as follows:

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1. ADU parking may be located in a covered or uncovered space,.in tandem with other parking, and/or in setbacks.

2. Parking space design shall conform to Section 18.60.020, parking, dimensions and access.

3. On parcels of one acre or larger where an ADU of twelve hundred square feet or less is proposed, ADU parking is not required to be dedicated. The ADU parking space may be shared, or overlap with, one guest parking space, provided the property is compliant with the current parking requirements in this title.

4. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the parking spaces for the main unit do not need to be replaced.
ii. Driveways. All driveways shall conform to Section 15.12.300, except the ASCC may grant an exception to the requirement that properties only have one entrance from the road and approve a second driveway when it is able to make the following findings:

1. It is not feasible for the ADU to be served by the same driveway that serves the main building, taking into consideration the cost, topography and natural landscape, among other things.

2. Providing a separate driveway for the ADU will result in less impervious surface for the property than would extending the existing driveway.

3. It is shown that the proposed driveway:
a. Does not exit onto a scenic corridor or cross a trail, as mapped by the town; and
b. Provides for safe movements for all users, as determined by the public works director.
g. Materials.
i. Exterior materials shall be in a natural color palette reflective of the local environment.
ii. Color reflectivity values shall not exceed forty percent, except that trim colors and roofs shall not exceed fifty percent reflectivity. h. Landscaping. Landscape plantings shall be selected from the town's list of approved native plants and shall adhere to the town's landscaping guidelines, as described in the design guidelines.

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i. Lighting. All lighting shall comply with Section 18.36.040.A.8, outdoor lighting.
j. Setbacks.
i. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. This shall apply to both conforming and legal non-conforming garages. Non-conforming garages may not be expanded unless otherwise permitted by this section or state law. ii. Internal ADUs shall have sufficient side and rear setbacks for fire safety. iii. A setback of four feet from the side and rear lot lines shall be required for an external ADU of up to eight hundred and fifty square feet with up to one bedroom or one thousand square feet with more than one bedroom.
iv. Any ADU in excess of eight hundred and fifty square feet with up to one bedroom or one thousand square feet with more than one bedroom shall comply with the setbacks of the base zoning district. v. Regardless of the setbacks permitted by this sub-section, all AD Us must comply with applicable health and safety setback requirements governing specific parcels, including but not limited to setbacks required for fire safety, emergency vehicle access, geology, seismic, creek, topography, and other similar public health and safety considerations.
vi. AD Us that do not comply with the setbacks of the base zoning district or applicable parcel setbacks, whether through new construction or by conversion of an existing structure, are subject to the following restrictions: 1) on sides of the structure within the required setback(s) there may be no exterior lighting, no egress windows or doors, and no portion of the windows and/or skylights shall be above 9' in height 2) windows in required setbacks must consist of obscured glass to promote privacy between neighbors; 3) the ADU may not have a second driveway; 4) the ADU may not have any associated improvements/amenities such as a patio, deck, pool, fire pit, trellis, or sauna; 5) no basement shall be permitted; 6) fire safe landscape screening must be planted and maintained to minimize the visual impact to the neighbors.
vii. For the purposes of this section, if any of the property boundaries are within or adjacent to an open space, road, trail, utility or similar easement running the length or width of the property boundary, the ADU Ordinance
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setback shall be measured from the edge of the easement located on the property.
k. Second Address. 'AD Us may be assigned a separate address at the property owner's request, with the exception that any ADU with an approved second driveway shall always be assigned a second address.

Applicants requesting an address shall submit an application as part of the building permit submittal. The planning and building director, in consultation with Woodside Fire Protection District, shall review and approve applications.

I. Utilities. When visible from the public right-of-way, utilities installed to serve an ADU shall be grouped with any existing infrastructure for the main building and screened to the extent feasible, as determined by the planning and building director. In determining feasibility, the planning and building director may consider cost, topography, and the natural landscape.
i. Utility Undergrounding. Utilities shall be required to be placed underground, as described in Section 18.36.010.8, with the following exceptions for ADUs:

1. An internal ADU and any associated electrical service increases shall not trigger undergrounding of utilities.

2. A detached ADU shall always underground utilities between the main house and the ADU, when connecting from the main house. ii. Any other instance of new construction for an external ADU shall require undergrounding as stipulated in Section 18.36.010.8 relating to utility undergrounding, with the exception that an applicant may apply to the ASCC for relief from these requirements, as well as the undergrounding requirement for detached ADUs at subsection 4.k.i.2, and if the ASCC thereafter finds that undergrounding is not feasible or practicable, or that there is no reasonable alternative location for the related equipment, such undergrounding requirement shall not apply.

Significant financial costs, topography, and natural landscape may be included in this consideration.
m. Building Codes. ADUs must comply with applicable building code requirements, including fire sprinkler requirements, unless a modification or waiver of the fire sprinkler requirement is approved by the fire marshal.

An ADU created by the conversion of existing interior space shall not be required to provide fire sprinklers if sprinklers are not required for the main residence.

5. Types of Review.

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a. Ministerial Review. Ministerial review shall be completed by the planning and building director or her/his qualified designee under the building permit review process. No public hearings or noticing are required as part of this review; however, the applicant shall provide notice to all adjacent neighbors as part of the application process on a form approved by the Director of Planning. An ADU or JADU application which qualifies for ministerial review shall be acted upon within sixty days of the· date the town receives a completed application. An ADU or JADU application made pursuant to an application for a main building may be delayed until a decision is made on the permit application to create the new main building. b. Discretionary Review.

ADU Ordinance
Town Council
i. Discretionary review shall be conducted by one of the following review bodies:

1. The planning and building director shall complete staff discretionary review in consultation with an ASCC member. The director may refer items directly to the ASCC when in her/his opinion the public interest would be better served by having the ASCC conduct the review.

2. ASCC review is a discretionary review completed by the full ASCC at a noticed meeting.
ii. Findings for Approval. The review body must be able to make all of the following findings in artier to approve an ADU subject to discretionary review:

1. The structure is designed so as to minimize disturbance to the natural terrain;

2. Existing vegetation is preserved to the maximum extent possible;

3. The structure is designed and located to allow adequate light and air for itself and its neighbors;

4. Landscaping, screening and fencing preserve privacy and mitigate adverse effects on neighboring properties;

5. Entrances, exits and internal circulation shall be sited to promote traffic safety and ease and convenience of movement;

6. Night lighting is located and fixtures chosen to promote public safety but minimize effects on adjoining properties;

7. Planting and site design mitigate the problems of drainage and soil erosion;

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8. Materials and colors are compatible with the rural setting of the town and the surrounding landscape and structures;

9. Proposed grading minimizes the apparent disturbance to the natural terrain;

10. The project is consistent with the Portola Valley Design Guidelines;

11. The physical position, massing, and architectural design of the ADU reflect that it is accessory in nature and holds a
subservient position to the main building;

12. The design of the ADU and its ingress/egress reflect their physical positions on the property, such that units on or adjacent to setbacks are designed to minimize impacts toward adjacent properties.
iii. Notice. Minimum noticing for ADUs requiring discretionary review shall include:

1. Noticing to adjacent neighbors by the applicant, as required by the planning and building director in a form consistent with application materials published to the town website.

2. Noticing as described by Section 18.64.085, ASCC -
notification.
c. An ADU application which is dependent on a septic tank and drain field shall be referred to and require approval of the county health officer in accordance with town policies.
d. An ADU application which requires soil movement greater than fifty cubic yards or other work requiring a site development permit under Section 15.12.070 shall be referred to the town geologist, the town engineer, and any other review bodies necessary as determined by the planning and building director.

6. Assignment of Review Responsibilities.
a. Ministerial Review. State exemption AD Us authorized under Section

18.36.040.B.4.b above and ADUs which do not have any of the conditions listed in subsection 18.36.040.B.6.b -d, below, shall be subject to ministerial review. All projects subject to ministerial review shall comply with all code requirements.
b. Staff Discretionary Review. ADUs which do not have any of the conditions listed in subsection 18.36.040.B.6.c., below, and which include any of the following shall be subject to staff discretionary review. However, any State ADU Ordinance
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Authorized ADU defined in Section 18.36.040 B.4.b shall not be subject to discretionary review.
i. An internal ADU larger than twelve hundred square feet or fifty percent of the existing building, whichever is less;
ii. An ADU taller than eighteen feet in vertical height or twenty-four feet in maximum height;
iii. An ADU with a light well larger than the minimum building code requirement;
iv. An attached ADU which causes the main residence to exceed eightyfive percent of the adjusted maximum floor area (AMFA), except where the proposed ADU is up to eight hundred and fifty square feet for external ADUs with up to one bedroom or one thousand square feet for external ADUs with more than one bedroom.
c. ASCC Review. ADUs which include any of the following shall be subject to ASCC Review. However, any State Authorized ADU defined in Section

18.36.040 B.4.b shall not be subject to discretionary review. i. A separate driveway for the ADU.
ii. Location in a non-residential zone.
iii. Location on a property with historic resources, as identified in the historic resources element of the general plan, as provided for in Section 18.31, H-R (Historic Resources) Combining District Regulations ..
d. Geological Hazards. ADUs subject to Section 18.36.040(3)(b) (geologic safety exception) shall be subject to discretionary review consistent with Resolution No. 2746-2017, as may be amended from time to time.

7. Additional Restrictions. In addition to the development standards described in this section, all ADUs and JADUs shall be subject to the following restrictions:
a. Sold Separately. ADUs and JADUs shall not be sold separately from the main dwelling.
b. Owner Occupancy. Where there is an ADU, either the ADU or the main building must be owner occupied. The other unit may be rented. ADUs approved between January 1, 2020 and December 24, 2024 are excepted from this requirement. Where there is a JADU, either the JADU or the main building must be owner occupied.
c. Rental Restrictions. On properties where an ADU or JADU is present, any rentals of the ADU, JADU, or main building shall be for a term of thirty days or more.

8. Administration.

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a. Appeals. A decision by the planning and building director or ASCC on an ADU may be appealed, if the appeal is filed within fifteen days of the decision.
i. A decision made by the planning and building director is appealable to the ASCC.
ii. A decision made by the ASCC is appealable to the planning commission.
b. Implementation. The town council authorizes the planning and building director to establish permit application requirements, forms, and checklists that the director finds necessary or useful for processing any applications governed by this Chapter and to adopt administrative guidelines to assist in the implementation of this Chapter.

2. CONSISTENCY WITH GENERAL PLAN. This ordinance is found to be consistent with the General Plan of Portola Valley.

3. ENVIRONMENTAL REVIEW. Under Public Resources Code Section 21080.17, CEQA does not apply to the town's adoption of an ordinance to implement the provisions of Section 65852.2 of the Government Code (the state ADU law). The ordinance implements Government Code Section 65852.2 in a manner that is consistent with the requirements of state law. As such, the adoption of the ordinance is exempt from CEQA.

4. CONSISTENCY WITH STATE LAW. This ordinance is intended to be consistent with State law regulating accessory dwelling units and to the extent there is any inconsistency with such State law requirements, State law shall control.

5. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or the applicability of this ordinance to other situations.

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6. EFFECTIVE DATE: POSTING. This ordinance shall become effective 30 days after the date of its adoption and shall be posted within the Town in three public places.

INTRODUCED: June 23, 2021
PASSED: July 14, 2021
A YES: Councilmembers Aalfs, Wernikoff and Mayor Derwin NOES: None
ABSTENTIONS: None
ABSENT: Councilmember Richard and Vice Mayor Hughes
RECUSED: None
ATTEST:None
Town Clerk
By:_h __ , ·---=--·-
Mayor

APPROVED AS TO FORM
Town
~~ Attorney
ADU Ordinance
Town Council Page 18

EXHIBIT B

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EXPLANATION
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GROUND MOVEMENT POTENTIAL MAP
Town of Portola Valley, California
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EXHIBIT C

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CH (h+) CHAPARRAL (highest)
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Basemap: Town of Portola Valley
Vegetation Data Source: Moritz Arboricultural Consulting Map: TRA Environmental Sciences, Inc.

October 2008
E

EXHIBIT D

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Portola Valley Safety Element Update
SB 99 Evacuation Analysis
DATE: February 28, 2022
TO: Charlie Coles
Fehr & Peers
FROM: Aaron Pfannenstiel
Atlas Planning Solutions
As a key component of the Portola Valley Safety Element update, the Town is required to address evacuation hazards. Compliance with recently adopted state requirements (Senate Bill 991 and Assembly Bill 7472
) is intended to assist jurisdictions with understanding constraints and opportunities associated with evacuation routes. This memo provides an analysis of the potential locations within the City that may be vulnerable during an evacuation in conformance with SB 99 requirements.

Current Evacuation Routes
Portola Valley's regional evacuation network has been expanded upon since the last general plan update. Figure 1 displays the Town’s roadways that are designated as evacuation routes. While these
roadways include both north/south and east/west
routes (Table 1), they may not include all routes used by Town residents, visitors, and employees during an
evacuation event. Of these routes, Los Trancos Road should be considered limited as the connection to Alpine Road occurs outside of the Town and segments of these two roadways are narrow. Evaluation of all evacuation routes for width and grade was not conducted as part of this analysis.

Constrained Roadways
Of the Town’s 52.88 miles of roadways, approximately 40% (21.16 miles) are identified as constrained roadways (Figure 2), which includes cul-de-sacs and roadways with a single connection to the rest of the roadway network. This analysis focuses on the number of ingress/egress points for roadways and does not identify other roadway constraints like width and grade. Analyzing these conditions is beyond the requirements identified in SB99. 1 SB 99 (2019) amended Government Code § 65302(g) to require the safety element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes (i.e., points of ingress and egress) (GC § 65302(g)(5)). 2 AB 747 (2019) added Government Code § 65302.15 to require the safety element to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.

Table 1: Evacuation Routes
North/South: East/West:

Alpine Rd
Los Trancos Rd
Portola Rd
Westridge Dr
Arastradero Rd

EXHIBIT E

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-.. \\ 1-::;\ II\.:;
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Figure 1: Evacuation Routes for Portola Valley

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Woodside
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- lortola Valley Evacuation Routes
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Menlo Park
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Figure 2: Constrained Roadways

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-- Constrained Roadways • Single Access Parcels C.J Portola Valley Town Limits \
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Existing Non-Conforming Developments (SB 99)
Based on initial analysis, Portola Valley has a total of seven constrained parcel groups (CPG).

These CPGs all have single ingress/egress access routes and were identified based on the number of parcels accessing the identified constrained route. Using a threshold of 20 housing sites located on a single access roadway, the Town has 7 locations that would meet this threshold. While there is no formal guidance, the California Department of Forestry and Fire Protection (Cal FIRE) and the Public Resources Code Section 4290.5, has typically suggested a threshold of 30 dwellings per single access roadway. However, given the larger parcel sizes and structures within the Town, CPGs with at least 20 parcels were identified in this analysis. This threshold captures the potential presence of existing or future accessory dwelling units (ADUs), which may be used to accommodate additional housing development within the Town. This development potential assumes an additional 10 ADUs could be developed on 20 existing parcels, exceeding the standard 30 dwelling unit threshold. While this approach is conservative, if the 30-dwelling unit threshold were used, 1 of the CPGs would be eliminated from this analysis. Table 2 identifies the seven CPGs analyzed and the number of residential parcels at risk due to constrained roadway conditions.

Table 2: Constrained Parcel Groups
Parcel Group Number of Residential Parcels At Risk
1 48
2 241
3 30
4 20
5 30
6 170
7 50
Total 589
Figure 3 identifies the locations of these 7 CPGs, which include a total of 589 individual parcels that may be affected by evacuations due to limited ingress/egress conditions during a hazard event.

Evacuation Concerns/Data
In accordance with SB 99, the Town is required to identify the constrained routes and locations in relation to natural hazard conditions. A review of existing available information has identified areas of the town prone to seismic, flood, wildfire, and landslide hazards.

Location within or proximity to these hazard areas further compounds the concern for loss of life or property damage during an emergency.

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Figure 3: Constrained Parcels with Limited Ingress/Egress

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Woodside
T/e, newc, dOS
Constrained Parcels 1
g, - Constrained Parcels 2 §
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- Constrained Parcels 4
- Constrained Parcels 5
Constrained Parcels 6
Constrained Parcels 7
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-- Constrained Roadways • Single Access Parcels C,.; Portola Valley Town Limits \
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Seismic Hazards
Portions of the Town are transected by the San Andreas Fault Zone, which has the potential to generate significant seismic shaking and cause damage to roadways, infrastructure, and buildings. While all areas of the Town are susceptible to similar amounts of shaking, CPGs 1, 2, 5, and 6 are the most susceptible to physical impacts associated with fault rupture from this fault. No mapping was prepared for this analysis regarding seismic hazards.

Flood Hazards
Figure 4 identifies the areas of the Town mapped within FEMA flood hazard zones3 . The main
waterways identified within these flood hazard zones are Sausal and Corte Madera Creeks.

CPGs 2, 5, and 7 intersect these flood hazard zones exposing 15 parcels to potential flooding hazards along these waterways.

A key concern regarding flooding is the potential for floodwaters to affect the ability for roadways to continue to function during storm events. Table 3 identifies the roadways (highlighted in Figure 4 as water crossing road segments) that intersect the creek location.

While these roadways may be susceptible to flooding due to these crossings, other locations along stream corridors could also be impacted if the right conditions occur.

Table 3: Evacuation Routes with Potential Flood Risk from Corte Madera Creeks Evacuation Route Evacuation Route Intersection with Potential Hazard Portola Road Crosses the creek in between Grove Drive and Brookside Drive Westridge Drive Crosses the creek in between Possum Lane and Bow Way.

Alpine Road
Crosses the creek at Willowbrook Drive
Crosses the creek near Rapley Trail
Crosses the creek in between Joaquin Road and near Coal Creek Fire Hazards
According to Cal Fire, fire hazard severity zones are located within the Town and surrounding areas. Mapping in Figure 5 indicates the northwest portion of the Town is located within the Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area (LRA)4
, while areas to the north, west, and south of the town are in moderate, high, and very high zones within State Responsibility Areas (SRAs). CPG 6 is the only constrained location located within a VHFHSZ, which includes a total of 170 parcels.

Due to the number of parcels and limited connection to Portola Road, evacuation from this area will be an issue for the Woodside Fire Protection District and Cal Fire. To further constrain this area, all access points to these neighborhoods are located along the San Andreas Fault, which increases the vulnerability to those roadway connections. 3 Federal Emergency Management Agency National Flood Hazard Layer (NFHL) Viewer, 2012 4 The Town Council has not formally adopted this VHFHSZ designation, but such designation is being used here for the purposes of this analysis

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Figure 4: Constrained Parcels with Limited Ingress/Egress (Flood Hazards)

Page 126 of 175 ends

Woodside
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Constrained Parcels 6
- Constrained Parcels 5
- Constrained Parcels 4
Constrained Parcels 3
- Constrained Parcels 2
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Figure 5: Constrained Parcels with Limited Ingress/Egress (Wildfire Hazards)

Page 127 of 175 ends

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Landslides
Landslides are a significant concern for the Town due to the topography, proximity to active faults (San Andreas), and the types of earth materials throughout the community. According to the California Geological Survey, a significant portion of the community is mapped (Figure 6) within a landslide susceptibility zone5
. Many of the parcels within the Town, are located
within areas of medium or high landslide susceptibility.

Within the 7 CPGs, approximately 210.2 acres are within areas of medium landslide susceptibility and 401.3 acres are within areas of high landslide susceptibility. Given the proximity to the San Andreas Fault and other active faults within the region, the Town is also susceptible to earthquake induced landslides.

The high degree of landslide susceptibility can provide challenges to evacuation if roadways are blocked or damaged, making them unpassable.

Conclusion
Evacuation from the Town will require careful planning and situational awareness regarding the various hazards and conditions that can impact residents’ movement to safety. Table 4 summarizes the results of the analysis for flood, wildfire, and landslide hazards for the seven CPGs.

Table 4: Constrained Parcel Groups (CPG’s)/Hazard Susceptibility Constrained
Parcel
Group
Parcels in
Flood Zone
Parcels in VHFHSZ
Located in a Local
Responsibility Area
Parcels located in Landslide
Susceptibility Areas (In Acres)
Medium (5,6,7) High (8,9,10)
1 0 0 44.4 184.9
2 8 0 99.7 66.5
3 0 0 7.7 1.9
4 6 0 25.9 5.9
5 10 1.5 0.0
6 0 170 12.0 142.2
7 00 20 0
Total 15 Parcels 170 Parcels 210.2 Acres 401.3 Acres
5 California Geological Survey, 2011, C.J. Wills, F.G. Perez and C.I Gutierrez. Susceptibility to Deep-Seated Landslides in California, Map Sheet MS-58.

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Figure 6: Constrained Parcels with Limited Ingress/Egress (Landslide Hazards)

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Constrained Parcels 7
Constrained Parcels 6

EXHIBIT F

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Portola Valley's Open Spaces
Preserving the town's natural areas and pastoral lands
Spring Down Open Space
Size: 6 acres.

Features: adjacent to Town Center; 0.3-mile
loop trail around a meadow; a restored pond
that attracts waterfowl and wildlife.

Acquired through the Town's Open Space Fund.

Hayfields Open Space
Size: 52 acres.

Features: redwoods, evergreen woodland,
Bay views.

Privately owned open space with an easement to
the Town allowing public use of a 1.75-mile trail.

Herb Dengler Open Space
Size: 11.8 acres.

Features: shaded 1-mile
loop trail through evergreen
woodland, with Bay views.

A gift of the Kersten Family.

Windy Hill
Open Space Preserve
Size: 1,335 acres.

Features: 13 miles of trails;
grassland ridges, lush
wooded ravines, and Bay
views; picnic benches
near Skyline Blvd.

Midpeninsula Regional Open
Space District lands.

Open space in Portola vaile'/'is part,of a regional constellation of protecte{! areas (www.bayarealitnds.org/maps,-data)
Shady Trail Open Space
Size: 2. 5 acres.

Features: quiet, 0.8-mile Shady Trail along
Westridge Creek; excellent for bird watching.

Acquired by the Town through the generosity
of Beverly and Peter Lipman, local neighbors
and an Open Space Fund donation.

Coal Mine Ridge Open Space
Coal Mine Ridge Nature Preserve of
Portola Valley Ranch
Coal Mine Ridge Open Space of Blue Oaks
Size: 425+ acres across the two sub-units.

Dorothy Ford Park and Open Space
Size: 7.67 acres, including the baseball field.

Features: 0. 7-mile creekside trail and paved
path, shaded by two magnificent Valley Oaks,
used for walking, jogging, bicycling.

Acquired by the Town and with a gilt by
Tom Ford in memory of his mother.
□
□
Rossotti Field
Size: 4.58 acres.

Features: soccer field,
equestrian easements.

Purchased by the Town.

Size: 78 acres (not open yet).

Gilted to the Midpeninsula
Regional Open Space District.

Triangle Park
Size: 0.62 acre.

Features: lawn, picnic tables, and a
bike repair station.

Town Scenic Corridor and Greenway.

Frog Pond Open Space
Size: 6.4 acres.

Features: pond, grassland, views of hills;
adjacent to Corte Madera School.

Deeded to the Town by the
Portola Valley Ranch subdivision,
.N
t 0 0.Smi
selected Town roads
Portola Valley's principal town-owned
open spaces and privately owned
open spaces with trail easements
Midpeninsula Regional Open Space
District lands (outline is dashed)
~ -_1 parcel boundaries (those within ~ open spaces are not shown) Features: 10 miles of public trails with Bay views from grassy ridges; shaded walks in oak woodlands and chaparral canyons.

Privately owned open space with easements to the Town allowing public use of trails.

The Portola Valley Open Space Acquisition Advisory Committee advises the Town Council on investing monies from the open space fund into open space projects. It also supports fundraising and fosters public awareness. To learn more about open space in Portola Valley, visit: www.portolavalley.net/about-portola-valley/open-space-in-portola-valley May 2020
TOWN of PORTOLA VALLEY Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 Accessory Dwelling Unit Fire Safety Checklist
Approved by Town Council August 11, 2021
The Town of Portola Valley contains many areas with increased wildland fire risk. To mitigate some of this risk the Town has had historically large building setbacks. Applicants applying for Accessory Dwelling Units (ADU)s are strongly encouraged to adhere to the local setbacks applicable to the property. This checklist is required for all ADUs that do not comply with the setback of the base zoning district, whether through new construction or conversion of an existing structure. These requirements are imposed to help reduce wildland fire spread in our community.

They apply in addition to the requirements of other applicable fire code, building code, zoning code and other safety requirements adopted by the Town. A building permit shall not be issued until the applicant demonstrates compliance with all requirements.

Required Element Location in
Plans (Sheet #)
Site Planning
Slope Setback - ADU shall be set back 100’ from the edge of a slope of 20% or greater.

Attached Structures – Not allowed (decks, balconies, patio covers, gazebos, trellises, carports, storage buildings, sheds, etc).

ADU Construction
Automatic Fire Sprinkler Systems shall be required.* The Fire Marshal may approve an alternative means and methods.

Roof Assembly - Roofline shall be simple in design such as a single ridge or shed design. (No dormers or gullies allowed.) Non-combustible roofing materials shall be required, such as tile, clay, slate, metal, etc.

Openings at the roof edge are required to be protected by installing metal angle flashing.

Gaps between the roof covering and roof deck of metal roofs shall be required to be plugged with “bird stop,” mortar mix, or foam inserts specially designed for metal roofs.

Skylights – Flat, dual pane, tempered-glass skylights shall be required.

Chimneys – Required spark arrestor with ½” mesh metal
screening.

EXHIBIT G

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Gutters – Non-combustible gutters and solid non-combustible gutter covers shall be required.

Eaves – Enclosed with non-combustible materials. Soffit vents shall be placed near the roof edge, not near the exterior wall.

Exterior Walls and siding – Non-combustible exterior walls and siding such as cement board, masonry, or stucco required.

Windows – Required to be dual pane tempered glass with trim required to be non-combustible materials. Window screen material required to be metal mesh screening.

Vents – Listed ember resistant vents required such as Brandguard or Vulcan vents.

Attached Fences and Gates - Fences and gates within 10 feet of the ADU shall be constructed of non-combustible material.

Landscaping and Defensible Space
All defensible space measurements are the distance described below, or to the property line, whichever is less.

Defensible Space Clearance - Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Non-fire-resistive vegetation or growth shall be kept clear 100 feet or to the property line, of buildings and structures in such a manner as to provide a clear area for fire suppression operations. Trees are allowed within the defensible space, provided limbs located less than 6 feet above the ground have been removed and the horizontal distance between crowns of adjacent trees, structures, overhead electrical facilities and unmodified fuel is not less than 10 feet. Deadwood and litter shall be regularly removed from trees. Ornamental vegetative fuels are allowed to be within the designated defensible space provided they do not form a means of transmitting fire from the native growth to any structure. (2019 CFC sec. 304.1.2 and 2018 IWUIC sec. 604.)
Tree Removal - If there are any Acacia, Juniper, Cypress, Pine, Eucalyptus, Coyote Brush or Broom within 100’ of the proposed ADU, they shall be removed.

Zone 1: 0-5 feet – Use non-flammable mulches, rock, and non-combustible hard surfaces. No new landscape cover except for low growing, 18” or less, herbaceous (non-woody) ground cover or succulent plants near the structure.

Zone 2: 5-30 feet – Break up continuous vegetation. Use broadleaf or deciduous trees, they are less flammable than conifer trees. Keep 20-30 feet of spacing between treetops and create small groupings of trees and/or shrubs. Lower limbs of trees must be kept pruned to reduce the chance of fire spreading to the canopy. (10-15 feet or 1/3 the height of the tree height, whichever is less). Shrubs and tall grasses adjacent to and under trees need to be removed. Eliminate areas of flammable fuels on the ground.

Zone 3: 30-100 feet – Use broadleaf or deciduous trees, they are less flammable than conifer trees. Keep 10-15 feet of spacing between tree canopies and create small groupings of trees and shrubs. Lower limbs of trees must be kept pruned to reduce the chance of fire spreading to the canopy. (10-15 feet or 1/3 the height of the tree height, whichever is less).

Page 132 of 175 ends

Submittal Requirements - Plans shall include a separate sheet with landscaping and defensible space requirements. Zone 1 (circle with five foot radius from new ADU), Zone 2 (circle with 30 feet radius), and Zone 3 (circle with 100 foot radius) shall be shown on the plans with the trees/plants to be removed and planted with the project.

Administration

1. The Planning Commission, acting as the board of adjustment, shall have the authority to hear applications for variances from the strict application of provisions of this checklist through the process outlined in Portola Valley Municipal Code Chapter 18.68 and subject to the fees in the Town Fee Schedule.

2. Definition of Non-Combustible: for the purposes of this checklist, non-combustible building material shall mean materials that comply with any one of the following:
a. The building material, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release combustible vapors when subjected to fire or heat; or
b. The building material is reported as passing ASTM E136, Standard Test Method for Assessing Combustibility of Materials Using a Vertical Tube Furnace at 750 Degrees Celsius; or
c. The building material is reported as complying with the pass/fail criteria of ASTM 136 when using the test method and procedure in ASTM E2652, Standard Test Method for Assessing Combustibility of Materials Using a Tube Furnace with a Cone-shaped Airflow Stabilizer, at 750 Degrees Celsius. (NFPA 1140 Section

25.2.1 Noncombustible Building Materials)
Ignition-resistant building materials and fire-retardant-treated wood shall not be allowed.

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TOWN COUNCIL WEEKLY DIGEST
Thursday – June 2, 2022

1. Agenda – Woodside Highlands Road Maintenance District Resident Advisory Committee – Tuesday June 7, 2022 at 7:30 p.m.

2. Agenda – Wildfire Preparedness Committee – Tuesday June 7, 2022 at 4:00 p.m.

3. Agenda – Cultural Arts Committee - Thursday, June 9, 2022 at 1:00 p.m.

4. Cancellation Notice – Nature and Science Committee - Thursday, June 9, 2022, 5:00 p.m.

5. Wildfire Preparedness Fair – 2022 Summary

6. SamTrans Bus Notice

Page 134 of 175 ends

TOWN OF PORTOLA VALLEY
Woodside Highlands Road Maintenance District
Resident Advisory Committee Meeting
Tuesday, June 7, 2022, 7:30 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/84806037632?pwd=WlJzQjhsUHg3R0N4a3pxVUxVNEZrUT09 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: 534 936 8147
Password: 455040

1. Call to Order

2. Oral Communications/Announcements
a. Cal Water Projects: Upper Water Tank/Lower Russell-LeRoy Status b. Woodside Fire Chipper: June 20, 2022

3. Approval of Minutes from April 12, 2022 Meeting
Business:

1. Projects Schedule & Reports
Paving Subcommittee: 2nd Phase Planning (Schuele)
Drains Subcommittee: Repair of Drain by 144 Santa Maria (Godfrey/Grant) Open Drain Box below 31 Santa Maria (Grant)
Spring Clean Up: Follow-up Issues (Resident Complaint –Achterkirchen)

2. Financial Statement (King)

3. Projects from Prior Meeting: Follow-Through
Erosion of Town Lot between Woodside Highlands & Wayside (Grant/Hughes) 10 Russell Retaining Wall (King/Smoot)
Drainage Issues: 1029 Portola Road (Kirtley/Grant/Hughes/Isaacson)

4. New Projects
Damage of Mirror Santa Maria-Lower Russell Intersection (Schuele/Fraser/Hill) Request to Purchase Rake for Lower Drain (Craig Taylor) Request to Purchase and Install “Bots Dots”) 10 reflectors for each of 4 hairpin turns – estimate: $115 (Crow)
Request to replace front driveway water culvert 141 Santa Maria (Orchard) Request to pay for car damage & Remove Fence ($250 + ?)- on Santa Maria 1st Curve (Connell) Other Business:

1. Projects in the Road Right-of-Way Research (Godfrey) Adjournment

Page 135 of 175 ends

TOWN OF PORTOLA VALLEY
Wildfire Preparedness Committee
Tuesday, June 7, 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/5349368147?pwd=U201OUtWWXpEZ1Y3K0pJRTNSbUhtUT09 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: 534 936 8147
Password: 664731

MEETING AGENDA

1. Call to Order

2. Election by Committee:
a. Chair
b. Secretary

3. Oral Communications

4. Town Attorney Update on Brown Act Cease and Desist Notice and Public Records Act Request Directed to Wildland Preparedness Committee

5. Approval of Minutes of the March 1, 2022, Meeting

6. Subcommittee Updates
a. Wildfire Preparedness Fair
b. Home Hardening Subcommittee (Including Status of R4W Sprint) c. Finance and Insurance Subcommittee Presentation on PV Wildfire Funding

7. Standing items as needed
a. Fire Marshall updates
b. Staff updates

8. Next Meeting June 7, 2022

9. Adjourn

Page 136 of 175 ends

TOWN OF PORTOLA VALLEY
Cultural Arts Committee Meeting
June 9, 2022
1:00 P.M.

John Badger, Chair
Phil Barth, Member
Ryan Breen, Member
Mimi Breiner, Member
Sue Chaput, Member
Heidi Kendall, Member
Sally Stewart, Member
Tamara Turner, Member
Jerrie Welch, Member

VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
https://us06web.zoom.us/j/87597643639?pwd=Y2VUK0oyOU81dnZNcGlORENsZEJVdz09 Webinar ID: 534 936 8147
Passcode: 685698
To access the meeting by phone:
1-669-900-6833 or
1-888-788-0099 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9

VIRTUAL MEETING
REMOTE MEETING COVID-19 MEETING ADVISORY: On September 16, 2021, 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. COVID-19 is still a major health concern and virtual attendance to the Town Council meeting is encouraged, particularly during case increases.

ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700 or by email at [email protected] 48 hours prior to the meeting start time. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.

1. CALL TO ORDER & ROLL CALL

2. ORAL COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA
Speakers' time is limited to three minutes.

3. APPROVAL OF MINUTES:
a. May 12, 2022

4. NEW BUSINESS:
a. Update from Committee Member Barth regarding Leslie Field’s proposed pre-recorded audio for a fundraising online event
b. Update on Budget
c. Update from Committee Member Kendall regarding Kids’ Movie Night d. Planning – Portola Valley Palooza
e. Update on Summer Concert Series 2022
f. Presentation of Local Artists’ Collection and Photography/Archives from Committee Member Chaput
• Update from Sub-Committee Members Barth, Breiner, Chaput and Welch

Page 137 of 175 ends

Town of Portola Valley – Cultural Arts Committee Agenda June 9, 2022

Page 2 of 2 ends

5. OTHER BUSINESS: None

6. ANNOUNCEMENTS: None

7. ADJOURNMENT:

The next regularly scheduled meeting date is July 8, 2022 at 1:00 p.m.

Page 138 of 175 ends

_________________________________________________________

NATURE AND SCIENCE

COMMITTEE MEETING

MEETING CANCELLATION
NOTICE
The regular meeting of the Nature and Science Committee scheduled for Thursday, June 9, 2022 at 5:00 p.m., has been canceled.

Town of Portola Valley
Nature and Science Committee Meeting
Thursday June 9, 2022 at 5:00 p.m.

MEETING CANCELLATION NOTICE

Page 139 of 175 ends

1 WILDFIRE PREPAREDNESS FAIR 2022

WILDFIRE PREPAREDNESS FAIR
2022 SUMMARY
PREPARED BY: JENNIFER HAMMER
MAY 2022

Page 140 of 175 ends

2 WILDFIRE PREPAREDNESS FAIR 2022
WILDFIRE PREPAREDNESS FAIR 2022 SUMMARY............................................................................................................................. 1 TABLE OF FIGURES...................................................................................................................................................................................... 3 Acknowledgment............................................................................................................................................................................... 4 SUMMARY ................................................................................................................................................................................................ 5 Objective ........................................................................................................................................................................................... 5 Solution ............................................................................................................................................................................................. 5 Event description............................................................................................................................................................................... 5 EVENT PLANNING....................................................................................................................................................................................... 7 WPF Budget 2022 and projected budget 2023 ................................................................................................................................. 7 Event communications...................................................................................................................................................................... 7 Promotional efforts........................................................................................................................................................................... 7 Event signage .................................................................................................................................................................................... 8 WPF 2022 FEEDBACK ................................................................................................................................................................................ 8 attendee Survey results..................................................................................................................................................................... 8 Comments from attendees................................................................................................................................................................ 9 Feedback from exhibitor.................................................................................................................................................................... 9 RECOMMENDATIONS FOR WPF 2023 ......................................................................................................................................................... 10 APPENDIX............................................................................................................................................................................................... 12

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3 WILDFIRE PREPAREDNESS FAIR 2022

TABLE OF FIGURES
FIGURE 1 WPF EVENT FLYER 2022 ................................................................................................................................................................. 13 FIGURE 2 BIG IDEA POSTER BE PREPARED ......................................................................................................................................................... 15 FIGURE 3 BIG IDEA POSTER HARDEN YOUR HOME .............................................................................................................................................. 16 FIGURE 4 BIG IDEA POSTER DEFENSIBLE SPACE................................................................................................................................................... 17 FIGURE 5 FLAMMABLE FIVE: ACACIA................................................................................................................................................................ 18 FIGURE 6 FLAMMABLE FIVE: JUNIPER............................................................................................................................................................... 19 FIGURE 7 FLAMMABLE FIVE: EUCALYPTUS......................................................................................................................................................... 20 FIGURE 8 FLAMMABLE FIVE: CYPRESS .............................................................................................................................................................. 21 FIGURE 9 FLAMMABLE FIVE: PINE ................................................................................................................................................................... 22 FIGURE 10 EXHIBITOR WELCOME LETTER .......................................................................................................................................................... 23 FIGURE 11 EXHIBITOR CONFIRMATION LETTER ................................................................................................................................................... 24 FIGURE 12 PROMOTIONAL TEXT...................................................................................................................................................................... 25 FIGURE 13 SETUP MAP FOR TOWN .................................................................................................................................................................. 26 FIGURE 14 SETUP MAP FOR EXHIBITORS............................................................................................................................................................ 27 FIGURE 15 TOWN CENTER MAP FOR EXHIBITORS ................................................................................................................................................ 28 FIGURE 16 SAMPLE EXHIBITOR NAME TAGS ....................................................................................................................................................... 29 FIGURE 17 SAMPLE EXHIBITOR TABLE SIGNS ...................................................................................................................................................... 30 FIGURE 18 PORTOLA VALLEY SPECIFIC FIRE CODES AND DEMOGRAPHICS.................................................................................................................. 31 FIGURE 19 QR CODE TABLE SIGN HAND OUTS .................................................................................................................................................... 32 FIGURE 20 ATTENDEE QUESTIONNAIRE............................................................................................................................................................. 33 FIGURE 21 QR CODE TABLE SIGN FOR ATTENDEE QUESTIONNAIRE .......................................................................................................................... 34 FIGURE 22 EXHIBITOR QUESTIONNAIRE ............................................................................................................................................................ 35

Page 142 of 175 ends

4 WILDFIRE PREPAREDNESS FAIR 2022

ACKNOWLEDGMENT
We would like to thank the many professionals and volunteers who made this event come together in a very short time frame. Your efforts made our town safer and wiser. The PV Wildfire Preparedness Fair 2022 was a combined effort by the Wildfire Preparedness Committee, the Woodside Fire Protection District, and the Town of Portola Valley.

A special thank you to: Kari Chinn and Selena Brown whose advice and efforts were invaluable.

We would also like to extend our thanks to the following community members: Don Bullard, Dudley Carlson, Harold Schapelhouman, Jeremy Dennis, Nona Chiariello, Richard Crevelt, Lorrie Duval, Anne Fazioli Khiari, Craig Hughes, Jerrie Welch, Ragni Pasturel, Rebecca Flynn, WFPD, Emergency Preparedness Committee, Conservation Committee, and WPV-Ready.

MJ Lee and Jennifer Hammer
WPF 2022 Organizers

Page 143 of 175 ends

5 WILDFIRE PREPAREDNESS FAIR 2022

SUMMARY

OBJECTIVE
The Portola Valley Wildfire Committee (WPC) is tasked with educating the residents of Portola Valley about the dangers of wildfire and how to mitigate them. This charter includes educating the public on how to harden their homes against wildfire, how to create a defensible space around your homes and how to prepare for an emergency evacuation. Even though the WPC and the Woodside Fire Protection District (WFPD), of which Portola Valley is a part, have a strong public outreach program, many Portola Valley residents have not taken basic wildfire preparedness measures. There are three likely reasons for this inaction. The first reason is financial since the cost of tree removal and home hardening is out of the reach of some PV residents. The second is lack of knowledge. Many residents are paralyzed by the variety of options and issues surrounding wildfire mitigation. The third reason is that residents are not focused on the danger wildfire presents.

SOLUTION
The residents of Portola Valley need a focused event that provides all the information needed to prepare for wildfire. The event also needs to offer a variety of financial approaches, ranging from do-it-yourself projects to companies who provide comprehensive solutions. The first Portola Valley Wildfire Preparedness Fair (WPF) was held on May 14, 2022. The WPF is an educational event, targeting residents of the Woodside Fire Protection District (WFPD). The purpose of the event is to also present information to residents in a way that is actionable.

At this event, residents learned about the 3 basic steps to being prepared for wildfire: prepare for evacuation, harden your home, and create a defensible space. The WPF brought residents together with companies, technologies, and expert volunteers who could advise and educate on these big 3 steps. The presence of products and services made residents aware of the range of actions they could take. Obviously, those residents who struggle with the financial burden of preparing for wildfire must be assisted with other programs.

EVENT DESCRIPTION
The Portola Valley Wildfire Preparedness Fair 2022 was an educational event bringing together companies, committees, and institutions. WPF 2022 was planned and executed by MJ Lee and Jennifer Hammer, who are members of the Portola Valley Wildfire Preparedness Committee.

When attendees first approached the event center, they immediately saw a fire engine [figure 15]. Small children could be seen clustered around fire fighters. The children patiently waited to be lifted onto the fire engine to have their photos taken. Many officers from the fire district attended the event including the Captain and the Fire Marshall. Attendees were particularly interested in chatting with these WFPD representatives.

As attendees made their way to the event hall, several demonstration stations were in the outside parking lot [figure 15]. These included a demonstration of a wildfire suppression system and a specialized vehicle that performs land clearing while leaving the underbrush. The vehicle is especially relevant in the conservational aware town of Portola Valley. Residents struggle with how to create defensible safe and maintain habitat.

As attendees approached the event hall, they were greeted and provided with an event flyer [figure 1]. They were told they could return to the greeter if they have questions and shown that the flyer contained a floor plan and guide to the event. This flyer also

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6 WILDFIRE PREPAREDNESS FAIR 2022
served as a future reference for the attendee, to help them remember the key educational points of the Fair. About half the attendees returned to the greeter at some point to ask questions.

While several exhibits were located outside, the vast majority were located inside the event hall [figure 14]. The exhibits were clearly marked with 2 signs, one on the table and one on the wall, that displayed an exhibit number and exhibit name. Exhibitors also wore a name tag, so attendees understood to whom to direct questions.

The exhibits were numbered and ordered to form a circle around the hall. This circular pattern was important since it created a traffic flow and made the exhibits easy to find. The volume of information offered at these types of events can cause confusion.

Having a clear path for attendees to follow is often helpful to alleviate the sense of feeling overwhelmed.

EXHIBITS
WPF 2022 was divided into three major educational areas: Be Prepared, Harden Your Home, and Create a Defensible Space. Details about all the exhibits can be found in the event flyer [figure 1]. The exhibits included:
• Big Idea table: A 72-inch round table in the center of the hall which held 3-24x36 inch foam backed posters with a summary of the 3 big ideas or themes of the event [figures 2-4]. The table also held handouts on various wildfire topics [figure 19]. • Flammable Five Exhibit: Five 24x36 inch posters were displayed in a circle in the middle of the event hall illustrating the Flammable Five. These trees are banned from new plantings in Portola Valley and residents are encouraged to remove existing plants. The Flammable Five are Juniper, Eucalyptus, Pine, Acacia, and Cypress [figures 5-9]. • Be Prepared Exhibits: There were 4 exhibits in this category. The theme was to subscribe to SMCAlert, know your evacuation routes and how and when to evacuate. Exhibitors included WFPD, WPV-Ready, Firewise, and the PV Emergency Preparedness Committee. In addition, there was an insurance representative prepared to discuss California’s changing insurance regulations, California Fair Plan, the changing California fire insurance market and what to look for when seeking fire insurance.
• Harden your Home Exhibits: There were 7 exhibits in this category. The theme was how to prevent embers from penetrating your home and how to prevent home ignition. Most of these exhibits were companies representing the latest wildfire mitigation technologies including companies that could install these technologies in your home. There was also an exhibit by a former contractor who is also a well-respected local businessman. He answered questions about do-it-yourself projects or gave advice on what wildfire mitigation products were available. The intent was to offer a variety of options for attendees, ranging from do-it-yourself advice to a turnkey option. • Defensible Space Exhibits: There were 4 exhibits in this category. The intent was to educate the attendee on how to use the principle of 3 zones to help your home survive a wildfire. These exhibits included a company offering a do-it-yourself fire retardant, the Portola Valley Conservation Committee who discussed being fire wise while also being conservational minded, and a variety of landscapers and tree services who discussed how to create a defensible space.

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7 WILDFIRE PREPAREDNESS FAIR 2022

EVENT PLANNING
WPF BUDGET 2022 AND PROJECTED BUDGET 2023
The budget for WPF 2022 was minimal. The total cost of the event was $1,455. The town offered to pay the insurance for the event and provided the facility at no cost. These additional costs should be factored into future budgets if the event is not held at the PV Town Center. Due to time constraints, we were not able to send a bulk mailing to advertise. However, one of the exhibitors sent a glossy 8x5 post card to every home in the fire district, advertising the event. In 2023, a budget item of $350 will be added to cover printing a promotional post card and the cost of a bulk mailing.

Description Cost
Snacks and water for exhibitors $300
8 Foam backed posters [one time cost as poster are reused each year] $850 Name tags, printer cartridge and paper stock for signage 155 Printing hand outs $250
Total $1,455

EVENT COMMUNICATIONS

EXHIBITOR COMMUNICATIONS
• The first step towards planning the event was to locate exhibitors. First, a list of targeted companies and institutions was created to ensure that the event would include a wide range of information. Companies were informed that this was an educational event, and no commerce was allowed. Also, companies were chosen who could discuss one of the WPF’s 3 big ideas concerning wildfire preparedness. A cold call was made to the targeted companies with prepared talking points: a short description of the event including the purpose, event constraints, the town demographics, targeted attendance, and targeted exhibits.
• A welcome letter [figure 10] was sent to companies or volunteers who agreed to host an exhibit. • The exhibitor responded with specific requests, which included power outlets and table requests. These requests were considered, and an exhibit hall event map was generated [figure 15]. Exhibitors’ specific concerns were discussed at this time.
• A confirmation letter [figure 11] was sent to confirm the exhibitor setup, arrival time and any specific issues with their exhibit. Included with this confirmation letter, was a setup map for town center [figure 14], a document that discussed PV fire codes and demographics [figure 18] and a final event flyer [figure 1].

PROMOTIONAL EFFORTS
Promotional text [figure 12] was created. Town manager approval was sought to ensure the text did not violate town policy. When creating the text, importance was placed on stressing the 3 steps to prepare for wildfire and how each exhibit would educate the attendee. The text was created to not only promote the 3 themes of the event but to use language that would create excitement for the event and foster a sense of opportunity. The promotional text was sent to the targeted audience [residents of the WFPD] via several sources:
• The town used the eNotifications lists to email the text to targeted interest groups. Portola Valley does not have a full email list of the entire town. Instead, residents’ signup to receive emails about specific areas of interest. • An event page on the town website was created using the text.

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8 WILDFIRE PREPAREDNESS FAIR 2022
• Banners announcing the event were hung in two town locations. • Flyers were placed in stores in the local area.
• An exhibitor sent a glossy postcard to everyone in the fire district announcing event. • Announcements about the event were made during town meetings and local garden clubs. • Targeted local groups who sent out the text via email include:
o WPV-Ready using their extensive email list.
o The Firewise community using their social media accounts. o The Alpine tennis club using their member email list. o Alpine Hills using their neighborhood email list.
o Ladera Hills using their neighborhood email list.
o Local garden clubs using their member email list.
o Block Captains were sent text to send out to their neighborhood. o PV Ranch sent out emails and included an article in their newsletter. o The school district sent out the text to parents. Next year we plan to apply early to have an article included in the school newsletter.
o The Almanac [a local newspaper] included a short description of the event. An ad was also taken out by the WFPD. o InMenlo [a local newspaper] included an article on the event. They also sent a photographer to the event. o There were also emails sent out to personal contacts and this created a chain of personal emails.

EVENT SIGNAGE
Signs [figure 17] were made to hang over the exhibit and to also be attached to the side of table. The sign included the exhibit number and company or institution name. Exhibitor name tags [figure 16] were also made so that attendees could easily identify who to approach with questions.

WPF 2022 FEEDBACK

ATTENDEE SURVEY RESULTS
Around 200 Portola Valley residents attended the first Portola Valley Wildfire Preparedness Fair event in 2022. This was double the anticipated attendance. Given the Covid restrictions at the time, and the difficulties coordinating the event given the pandemic, this attendance number was very exciting. There were 42 exhibitors supporting the companies, WFPD, and town committees. Attendees were asked to fill out a questionnaire [figure 20-21]. About 25% of attendees filled out an online or paper questionnaire. This is a very good participation percentage given that most events typically receive feedback from less than 10% of attendees. • 83% of attendees were very satisfied with WPF 2022 and 17% were satisfied. No one gave a score lower than 4 on a 1 to 5 rating scale.
• 70% of attendees strongly agreed they learned valuable information at the event, 13% agreed they learned valuable information, 13% were neutral and 1 attendee gave a score of 2 noting they had already done a lot of research. • 78% of attendees strongly agreed that the timing of the event, from 10am to 2pm, was convenient, 17% agreed and 1 attendee thought the event should start at 11am.

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9 WILDFIRE PREPAREDNESS FAIR 2022

COMMENTS FROM ATTENDEES
Most of the attendees were middle age or older. There were very few families. About 25% of attendees had printed the event flyer at home. About half of the attendees were there because of a specific area of interest. Most people were interested in ember resistant vents. We also had a surprising number of people interested in wildfire suppression systems and a pool fire pump. Most of the attendees said they were looking for a company to do the installation of ember resistant vents and gutter guards. The average time spent at the event was 90 minutes. When asked, a large percentage of attendees said the informal posters and the big idea table was of great interest to them.

COMMENTS FROM ATTENDEE SURVEY
• Keep it annually
• A real-life demo of Irish Excavation company wanted
• Summary: Great, Well done, I loved it and learned a lot, very helpful-thank you so much for arranging this. • More vendors needed
• Want information about fire extinguisher
• Lots of vendors was great
• Thank you for doing this. We found the information valuable, and the layout was convenient. Very well done. Hope to see this again in future years!
• Want info on models of site-specific fire propagation risk including winds slope and vegetation [illegible] to defensible space, exterior materials wildfire suppression methods. Bring a systems perspective [illegible] specimen DIY. Thank you • Maybe a start time of 11 would be good. I will refer people. I didn’t learn a lot only because I have done a lot of work on this.
• Need more people to speak at the tables. (Note: Most vendors said that they had a steady stream of attendees, and they had no break till 1:20. This might have created a situation where attendees could not speak to the exhibitor in a timely manner.)
• “Great information, very helpful.” (Multiple attendees) • “It’s so confusing; everybody says THIS is the most important thing to do. How am I supposed to choose or know where to start?” (One attendee)
• “Thanks so much for putting this on. It really helps to see this stuff and be able to ask questions.” (Several attendees)

FEEDBACK FROM EXHIBITOR
100% of exhibitors said they would like to return to WPF 2023, and they thought the timing of the event was perfect. While the exhibitors were given a survey to fill out [figure 22], some preferred to give their comments verbally. Many thought the demo area needed to be closer to the Exhibit Hall. Some thought our outreach needed to begin earlier, we should investigate a digital road sign, and that an advance mailing would help boost attendance. Every exhibitor expressed support for the idea of adding a lecture component to the event.

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10 WILDFIRE PREPAREDNESS FAIR 2022

COMMENTS FROM EXHIBITOR SURVEY
• Invite HOA (Homeowners Association in California), Safe Fire Counsel, etc • This was a great [event] time for the homeowners, we saw more customers than we normally see at a weekday event. • Your event was well organized and had a great turn out. • The event was well organized, in a great setting and had a wonderful turn out! • Put a business card box at the front door, more kid/family friendly activities, more signage on road, food truck or lunch truck.
• It was a great opportunity to meet with other fire prevention and landscaping practitioners. • Having a few more educational displays could be useful. • I would like to see more agencies represented such as Fire Safe Council, Mid-Pen, and the water district. • Move the demos closer to the exhibitor’s area.
• From an exhibitor who choose to only be at the demo area: I would prefer to be closer to the exhibitor area. It looked like a ton of people were inside but not many in the demo area. (Which was in the parking lot) • “Great turnout. I go to lots of these, and you have many more participants than most community gatherings.” (Brandguard)
• “This is a terrific idea, and we should have it every year, maybe with different vendors each time.” (Don Bullard) • “I’m surprised at the level of information and knowledge participants already have. This community is already on the right track.”
• “People really don’t understand how insurance companies rate properties, and they put their money in the wrong place. They need to understand why so many policies don’t cover replacement and what to do about it.” (Insurance representative)
RECOMMENDATIONS FOR WPF 2023
• Exhibitor welcome letter [figure10]
o Discuss in letter that fire retardants may not be demonstrated due to runoff and fire danger. o Ask about the size of the companies exhibit and footprint. Many exhibitors showed up with very large signs and pop-up tents. Ask how many sq feet of space they need.
o Ask if exhibitor can setup outside. Do they have shade and their own tables? Note: The town does not allow tables or chairs to be moved outside.
o State policy on companies sending mailers which list the WPF event. Stress that no consent or approval can be supplied by the town or the WPC. Include correct information including Event Hall address. o Suggest that all exhibits have at least 2 representatives manning a table or booth. • Exhibit locations and management
o Move demos closer to event space.
o Manage parking spaces.
§ Block out whole campus on day of the event.
§ The company exhibitors came in 4x4 trucks and had trailers which require multiple parking spaces. § Local exhibitors took up most of the parking in the roundabout and alongside the library.

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11 WILDFIRE PREPAREDNESS FAIR 2022
§ Ask church about using their parking lot.
§ Ask exhibitors to carpool as much as possible.
• Event promotion
o Use a digital sign on the road if we can get one for free from the WFPD o Send bulk mailing at a cost of $350
o Get the event on the school calendar. Send promotional text to the school two months ahead of time to get it added to the newsletter.
o Think about educational involvement for school. Possible art project, poem about wildfire, or class message to residents to display at event. Maybe post art projects in library for the month of May which is wildfire awareness month?
o Think about Earth Day connection and how to promote it. Maybe get Cultural Art Committee to have painting project about wildfire and Earth Day?
o Get local wildfire preparedness groups involved: Westridge, PV Ranch, etc. o Engage EPC Neighborhood Preparation subcommittee to help promote the event. • Event documentation
o The flyer works well in its current form [figure 1]. However, many attendees also wanted to understand where specific products were located. Create an additional document that lists product category with exhibit number where product can be found. [Ember resistant vents, fire retardants, product installation] o On flyer [figure 1] add a line about the town does not promote or approve any company or service. • Possible future exhibit
o Add a lecture series to be given at Historic School House. The location can now record and to live stream. § 2-3 lectures: 10:15, 11:15 and 1:15
§ Possible: For wildfire novices
§ Possible: For experienced wildfire researcher
§ Possible: One that is unique or academic [SJS wildfire interdisciplinary Research center?] § Possible: Earth Day and climate change
§ Possible: Fire map and what they mean to you
§ Possible: Changing insurance regulations
o More participation from State or County wildfire groups or institutions. o Company or posters discussing ember resistant fencing or decking. o Fire extinguisher demo and education
o Get a fire pump demonstration for pool. All Risk was not able to provide one at WPF 2022. o SJS Wildfire Interdisciplinary Research Center, a professor along with master students. Academic answering questions might be very interesting.
o Add poster to Flammable Five series that includes WFPD recommendations for these trees. Cost $100. o Earth Day specific exhibit since WPF 2023 is on Earth Day, April 22, 2023. Possibly have a PV Library exhibit with books on climate change. Possibly create series of educational poster to use in future on climate change.

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12 WILDFIRE PREPAREDNESS FAIR 2022

APPENDIX

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13 WILDFIRE PREPAREDNESS FAIR 2022
Figure 1 WPF event flyer 2022

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Outdoor Locations
Parking Lot
WFPD Fire Engine
Chat with firefighters and take a tour of their fire
engine and equipment.

WaveGuard Demo Van
See first hand how a wildfire suppression system
can help your home survive a wildfire.

All Risk Shield Demo
Watch a fire pump that uses the water in your
pool to help your home survive a wildfire.

Irish Excavation
Visit with a Bay Area leader in land clearing. Get
a close up look at a specialized vehicle designed
to clear underbrush, leave a minimal footprint,
and mulch the debris.

Outside Event Hall
Clean Roofing
Micah Johnson specializes in
noncombustible/ignition resistant, Green
roofing and attic venting.

Ask him about a Tesla solar roof.

WaveGuard
An Exterior Wildfire Defense System which
sprays your home with an ECO Friendly fire
retardant that prevents embers from igniting.

Ember resistant vents and gutter guards
Services offered:

Long term fire retardant
Home hardening package
Insurance partnerships
Wildfire safety assessments
Inside Event Hall
Visit the round table in the middle of the event
hall to find handouts and big ideas about wildfire
preparedness.The numbers represent exhibits
inside the hall.
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Wildfire Preparedness Fair
Portola Valley Town Center
May 14th, 2022
10 a.m to 2 p.m .
3 steps to prepare
for wildfire

1. Be Prepared. If the worst happens,
be ready to evacuate and have a plan
to get your family to safety.

2. Harden Your Home. Your home can
survive a wildfire. Ember resistant
vents, noncombustible/ignition
resistant roofing, fencing, siding, and
decking can make a difference.

3. Create a Defensible Space. Learn
how to create ember resistant zones
around your home.
14 WILDFIRE PREPAREDNESS FAIR 2022

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Step 1: Be Prepared
Exhibit 1 : WPC
Wildfire Preparedness Committee
Pickup your event guide.

Ask us about wildfire preparedness.

Exhibit 2: WFPD!WPV-Ready/ Firewise
Talk with Fire Marshal Don Bullard.

Ask about a wildfire assessment for your home.

Ask about current fire safety building codes.

Learn about SMC Alert.

See what a Go-Bag looks like.

Ask how your neighborhood can become a
Firewise USA® community.

Talk with experts about emergency
preparedness.

Learn about how you can get involved and find
out about upcoming training events.

Exhibit 3: EPC
Emergency Preparedness Committee
Learn about the town's new evacuation study.

Discuss neighborhood outreach.

Exhibit 4: Coast to Canyon Insurance
Insurance broker Robert Feldman will discuss
your insurance needs and the changing fire
insurance market.

Step 2: Harden Your Home
Exhibit 5: BrandGuard
A leader in ember resistant vents.

Talk to experts about about foundation, gable,
soffit, balcony, dormer, sub base, and low
profile ember resistant vents.

Harden Your Home continued
Exhibit 6: Ember Defense
Representing Vulcan ember resistant vents and
Valor gutter guards.

Representing Platypus and WASP wildfire
suppression system.

Services offered:

Rapid response during a wildfire
Long term fire retardant
Home hardening package
Insurance partnership with Heffernan Insurance Brokers
Wildfire safety assessment
Exhibit 7: All Risk Shield
Fire response pool fire pump (see
demonstration in parking lot).

Representing BrandGuard ember resistant.
vents and Gutter Glove gutter guards.

Services offered:

Long term fire retardant
Home hardening package
Insurance partnership with North America
Fortress
Wildfire safety assessments
Exhibit 8: Frontline
The Frontline Wildfire Defense® system is an
exterior home fire sprinkler system that covers
your home and property with a biodegradable
firefighting foam.

Exhibit 9: Ask a Contractor
Richard Crevelt, former home contractor and
owner of our local PV Hardware store.

Discuss how you can upgrade your wooden
home siding, decks, and fences using ignition resistant materials.

Step 3: Defensible Space
Exhibit 10: Conservation Committee,i
Local experts will answer questions about
how to be wildfire safe and conservationwise.

Exhibit 11 : Landscaping and Vegetation
Management
Learn how to create a defensible space using
the three zones.

Learn about the Flammable Five.

Visit hl(IJQ.~o:~ demo box of decorative
aggregate stones and see their website for
fire :i.<.s!Ril19 ideas for the 0-5 foot zone.

Visit with Krystle R\:!!1-Eltl! from Brush Hog Tree
Care who specializes in environmentallyfriendly mulching and masticating land restoration, tree removal, and pruning.

Meet Nikki Hanson from California Sisters
Landscapes who creates sustainable
solutions for landscaping and land
management challenges, such as fire safe
fuel reduction, vegetation management,
native plant landscaping and installation, and
botanical site assessment.

Talk with Juan Davila from West Valley Tree
Service who is a certified arborist and
provides 24 hour emergency service.

Exhibit 12: Komodo Fire Systems
Non-toxic, water-based, eco-friendly, do it
yourself, fire retardant spray kits.

Forest Service approval,QPL certification
and Cal Fire Marshal Certified.

Can be used on decks, homes, vegetation,
etc. The product goes on clear and a single
application lasts all fire season.
1±1
15 WILDFIRE PREPAREDNESS FAIR 2022
Figure 2 Big idea poster Be Prepared

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