Portola Valley City Council
August 10, 2022

Town Manager
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Fax: (650) 851-4677
Rebecca Auld
Lamphier-Gregoty
1944 Embarcadero
Oakland, CA 94606
Fax: (510) 535-6699
Notice shall be deemed communicated on the earlier of actual receipt or fortyeight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer's receipt, or by acknowledgment of facsimile transmission.

21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

In the performance of this Agreement, Consultant 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. Consultant 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.

22. 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.

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

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

25. 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 Consultant. This 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 Consultant shall be for only a not-to-exceed sum.

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

TOWN: CONSULTANT:
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
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EXHIBIT A
I. Work Program/Scope of Work
Preamble
In accordance with CEQA Section 21082.l(c)(3), environmental documents prepared pursuant to CEQA (such as the documents necessary for this project) must reflect the independent judgment of the Town of Portola Valley as the lead agency. The final responsibility for the content and adequacy of the environmental document will lie in the sole discretion of the Town of Portola Valley and its designated representatives. Therefore, Lamphier-Gregory will work under the sole direction and control of the Town of Portola Valley for this assignment.

Reliance on technical studies prepared by the Project Applicant. From the materials referenced in the Town's RFP and accessible on the Town's website, we are aware of and have reviewed the technical studies already prepared by the Project applicant. These studies provide valuable information relevant to the environmental evaluation and we intend to rely upon and incorporate this information, subject to our own process of peer review validation as detailed below. The studies provide information in the following technical areas:
• Civil engineering drawings by the engineering firm Sandis that include the vesting tentative map, grading plans, and stormwater control plans
• Biological survey of plants and wildlife, regulatory setting and a complete impact analysis, as if ready to be incorporated into the Draft EIR, prepared by H. T. Harvey & Associates • Arborist Study and Plans for tree removal, prepared by HortScience • Preliminary Geotechnical Study and Recommendations, prepared by Cornerstone Earth Group • Hydrological and storm drainage plans and quantitative calculations by Sandis Lamphier-Gregory has assumed that these technical studies are complete and of professional quality, but that the Town and the public expect these studies to be peer reviewed for validation by members of our independent CEQA team prior to their use in the EIR. Consequently, we have assembled a multidisciplinary team of professionals for this purpose who will review the completed technical studies, identify any gaps or technical errors in the work that has been done, expand the scope of prior studies where necessary to meet CEQA requirements, and assist in identifying potentially significant environmental impacts, evaluating alternatives, and recommending feasible measures to mitigate significant impacts.

Additional Technical Analysis. Lamphier-Gregory's technical subconsultants provide expertise in all the key environmental topic areas required of this EIR, including aesthetics/visual, air quality, biological resources, cultural resources, geology and hydrology, noise, traffic, and wildfire. Technical studies will include the following:
• Environmental Vision will provide photo-simulations of the proposed site plan from 2 vantage point locations to be chosen in coordination with the Town. Their simulations will assist in evaluating and identifying significant visual or aesthetic impacts. • Illingworth & Rodkin will prepare analyses of air quality, greenhouse gas emissions, health risk and a noise impact study.
• WRA, Inc. will undertake a peer review of the biological surveys and impact analyses prepared by H. T. Harvey & Associates.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 1

• WRA, Inc. will also undertake a peer review of the existing tree survey information prepared by HortScience for the Project applicant.
• PaleoWest will prepare a cultural resources evaluation and will attend to the requirements for contacts to Tribal interests through the Native American Heritage Commission. • Questa Engineering will peer review the preliminary geotechnical report prepared by Cornerstone Earth Group and the hydrological and stormwater control plans by Sand is. • Hexagon Transportation Consultants will prepare a traffic impact analysis including an evaluation of traffic impacts using VMT methodologies.
• Wild land Resource Management will provide a technical assessment of wildfire risks and impacts, and will prepare the Wildland fire section of the EIR.

Task 1: Project Initiation

1.1 Finalize Scope of Work and Contract Documents. Lamphier-Gregory will lead efforts to reach final agreement among the parties and approval by Town staff regarding the specific elements of the work program and the overall scope of work required of the environmental consultant.

This will then involve preparation of proper contract and subcontract documents consistent with our prime agreement with the Town. Lamphier-Gregory will work diligently to meet the requirements of all parties in this regard.

1.2 Project Kick-off Meeting and Site Visit. A meeting involving Town staff, the Project applicant, the Lamphier-Gregory Project Manager, and possibly one or more members from our subconsultant team will be held to introduce all parties, exchange project materials, and finalize understanding of the project, scope, process, and schedule. A tour of the project site would be useful to gain insights and familiarity with relevant details, field conditions, and the Project setting. Following receipt of a Notice to Proceed, the Lamphier-Gregory Project Manager will coordinate with Town staff to arrange a time for a kick-off meeting and site visit.

1.3 Review of Project Materials. Lamphier-Gregory will review relevant information from Town staff, the Project applicant, and other sources to gain a full understanding of the Project, the Project site, its history, and the environmental factors relevant to the evaluation of impacts and achievement of Project objectives.

1.4 Project Description. Lamphier-Gregory will prepare a draft project description based on the results of the environmental constraints analysis and information provided by Town staff and the applicant. We will disseminate the draft project description to the Town for review and comment on its accuracy and completeness. Once a project description has been accepted by the Town as final, changes to the Project after this point may result in the need to re-do analyses and/or document drafting and could result in the need for additional budget.

1.5 Notice of Preparation. Lamphier-Gregory will prepare a draft Notice of Preparation (NOP) in the Town's preferred format. The NOP will include a summary of the Project Description prepared in Task 1.4 and no Initial Study. After review and revisions satisfactory to Town staff, we will provide Town staff with a final NOP ready for distribution and release to the public and interested parties. Our scope assumes that Town staff will file the NOP with the State Clearinghouse and distribute copies to Town's mailing list of interested agencies and individuals.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 2

1.6 EIR Scoping and Comments Summary. During the latter part of the 30-day public comment period following issuance of the NOP, we assume the Town will elect to hold an EIR scoping meeting. The Lamphier-Gregory Project Manager will prepare for and attend the scoping meeting to explain the CEQA process and schedule and our approach to the environmental analysis. Our scope assumes Town staff will be responsible for all necessary logistical arrangements. Lamphier-Gregory will work with Town staff to prepare a summary of comments received during the scoping meeting.

Task 2: Environmental Analysis and Draft EIR

2.1 Administrative Draft EIR. Lamphier-Gregory will prepare an administrative Draft EIR including introductory and summary chapters, a description of the project adequate for CEQA purposes, environmental analysis chapters (detailed below), and an assessment of up to 4 alternatives, including the no project alternative, a mitigated project design alternative, an alternative site use alternative, and a reduced intensity or reconfigured development alternative. Any comments received in response to the NOP will be included in an appendix, summarized in the Draft EIR introduction, and carried through as "Known Concerns" in relevant topic areas, as applicable.

Lamphier-Gregory will coordinate and manage the completion of technical studies to be prepared by our subconsultants and conduct our own technical studies, in-house. Each analysis chapter of the EIR will include a Setting section that sets forth baseline or existing conditions, followed by a Regulatory Setting section that sets forth applicable statutes, policies, and regulations that apply to the subject matter of the study. Each chapter will conclude with the Impact Analysis section, which presents the analysis of environmental impacts against the significance criteria used in Appendix G of the CEQA Guidelines, or other thresholds that have been adopted by the Town. The analyses will include recommended mitigation measures to avoid or reduce impacts to less than significant levels.

The document will consist of the following sections:
• Introduction
• Executive Summary
• Project Description
• Environmental Analysis, by topic, each one to include Settings, Impacts and Mitigation Measures
• Other CEQA Considerations (Significant/Unavoidable Impacts, Growth-Inducing Impacts, Cumulative Impacts)
• Alternatives (up to four, including the No Project Alternative) • References and EIR Preparers
Detailed analysis in the EIR will include the following:

2.1.1 Aesthetics/Visual. Environmental Vision (EV) will carry out the following work program to generate photo-simulations that will serve as the basis for a critical part of the El R's assessment of visual and aesthetic effects. EV will shoot high quality site photography and produce realistic computer-generated visual simulations to portray the proposed Stanford Wedge Housing Project as seen from two key public vantage points. The simulation viewpoints will be selected Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 3

in consultation with project team and Town staff. As an optional service, Environmental Vision can prepare visual simulations from additional viewpoints.

Data Review, Site Reconnaissance and Photography, Review Photographs. EV will collect and review pertinent project data including grading and development plans and proposed building designs. Digital drawings are requested in CAD and pdf format (refer to requested data listed below).

EV will conduct a site visit to photograph the project site from key requested public viewpoints, using a digital single lens reflex (SLR) camera. Viewpoint locations may include Alpine Road and the Felt Lake or Arastradero Preserve hiking trails. Basemap annotation, photo log sheet and GPS recording will be employed to document viewpoint locations. For cost estimating purposes, one site photography trip and up to 6 review photographs are included. Submit candidate photos with a viewpoint location map for review and approval.

Coordinate with the project team and Town staff to select 2 photographs for preparing the visual simulations.

Visual Simulations. Using selected high-resolution digital photography and advanced computer modeling and rendering techniques, EV will produce realistic visual simulations to portray the appearance of the proposed new subdivision. The simulation images will illustrate post-project views with proposed new houses, landscaping and tree removal, grading, and driveways or access roads. The simulation viewpoints and photographs will be selected in consultation with the project team and Town staff.

The simulations will be based on project design data provided to Environmental Vision, and the level of detail shown in the visual simulations will be consistent with level of detail in the design data provided.

The simulation images will show the proposed project appearance superimposed on selected photographic views. The simulations will be presented as pairs of existing or "before" and simulated or "after" views, formatted for printing on 8.5 by 11 inch sheets. The simulation images will be submitted in electronic format. One review/revision cycle based on minor comments is included.

Viewpoint Location Map. EV will delineate the location of the visual simulation viewpoints on a map showing the project location and surrounding area.

Coordination. EV will coordinate with project team to select simulation photographs, and to obtain and provide pertinent information in a timely fashion.

2.1.2 Air Quality, Greenhouse Gas Emissions, and Energy. The primary air quality issue would be exposure of sensitive receptors to toxic air contaminants and fine particulate matter or PM2.5.

The project emissions of air pollutants and GHG would also have to be assessed to demonstrate less than significant impacts with respect to CEQA. Subconsultant Illingworth& Rodkin, Inc. would complete the following tasks in the air quality assessment:

Exposure to Sources of Toxic Air Contaminants. The effect of nearby toxic air contaminant sources on future residents would be evaluated as a non-CEQA item. This includes assessing impacts from traffic and stationary sources using screening methods acceptable to Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 4

BAAQMD. Both single- and combined-source community risk impacts would be assessed against thresholds for cancer risk, non-cancer hazards and annual PM2.5 concentrations.

Evaluate Construction Activities. Construction air quality impacts resulting from the project would be addressed by predicting construction period emissions and community risk impacts to nearby sensitive receptors and identifying best management practices to control emissions. The project is near sensitive receptors (e.g., residences), so a community risk assessment is proposed. This would involve dispersion modeling. Emissions obtained from the California Emissions Estimator Model (CalEEMod) would be used to develop construction period emission rates based on project-specific information. Dispersion modeling would be conducted using EPA's AERMOD or ISCST3 model and hourly meteorological data from the most representative monitoring station. The cancer risks associated with modeled construction-period diesel particulate matter concentrations would be computed following the Bay Area Air Quality Management District (BAAQMD) risk management policy guidance. Screening data obtained from BAAQMD would be used to predict cumulative community risk impacts. Mitigation measures that represent "Best Management Practices" to control dust or particulate matter emissions or other measures as necessary would be identified.

Assess Air Pollutant and GHG Emissions. The CalEEMod model would be used to predict construction and operational air pollutant and greenhouse gas emissions associated with the project. The modeling would utilize site project-specific inputs for traffic and energy usage and adjustments to reflect BAAQMD requirements would be made (e.g., restrictions on wood burning fireplaces). Net emissions associated with the proposed project would be compared against emission thresholds. Since the project would likely be occupied after 2020, a significance threshold that addresses post-2020 action plans would be developed and used. If necessary, mitigation measures would be identified and evaluated. Note that the modeling would also include estimates of air pollutant emissions generated by operation of the project (e.g., traffic generation).

Deliverable. Illingworth & Rodkin will prepare an air quality, GHG and health risk report in standard CEQA format with setting, impact and mitigation sections. This report would address each of the pertinent CEQA questions that address environmental impacts for air quality and greenhouse gas emissions.

2.1.3 Biological Resources including Arborist Report. Subconsultant WRA will conduct a peer review of the biological survey and impact analysis prepared for the project applicant by H. T. Harvey & Associates and the arborist report prepared by HortScience. WRA will rely on its extensive background in biology and arborist services to determine if results and conclusions discussed in both technical reports are accurate and appropriate. A summary memorandum, discussing findings and recommendations, will be provided upon completion of the review.

2.1.4 Cultural Resources and Tribal Cultural Resources. Subconsultant PaleoWest will prepare an archaeological resources study. The work program includes archival records search, contact with Native American Heritage Commission, AB 52 consultation, a site field survey and a technical Cultural Resource Evaluation report.

2.1.5 Geology/Soils. Subconsultant Questa will review the existing Geology and Soils conditions of the site area including review of the Applicant provided Preliminary Geotechnical and Geological Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 5

Hazard Investigation by Cornerstone Earth G"oup and published regional geological, soil, seismic and fault related maps and reports. Regional and project site geology and soils will be presented and summarized as it pertains to geological hazards of the area. Subconsultant Questa would complete the following tasks:

The potential for severe ground shaking, landsliding, earthquake-induced landsliding, expansive soils, and other geologic hazards will be estimated from published reports and studies.

Questa will prepare an Existing Conditions Analysis of Geology and Soils including preparing a write up of the Geology and Soils section of the EIR including geological and seismic hazards for the project site and regional area.

An impact analysis will be completed. Questa will determine significant geological and geotechnical impacts related to the subdivision development. Mitigation measures for any significant impacts will be identified.

2.1.6 Hazardous Materials. Lamphier-Gregory will prepare the Hazards/Hazardous Materials section of the EIR. Information will be drawn from materials supplied by the Project applicant which we assume will include a Phase I Environmental Site Assessment (ESA). We will also access available databases of the State Water Resources Control Board (Geotracker) and the Department of Toxic Substance Control (Envirostor) to determine whether the project site is involved in any type of hazardous substance clean up. Information available about the site from the applicant's Phase I ESA and from these databases will be used to assess the potential for environmental effects related to hazardous materials and whether the project site is on the Cortese List.

2.1.7 Hydrology/Water Quality. Subconsultant Questa will review the existing Hydrology and Water Quality conditions and summarize hydrologic characteristics of the area, including a review of applicant supplied reports and maps. This includes an assessment of local drainage patterns and existing stormwater drainage network capacities. Subconsultant Questa would complete the following tasks:

Questa will peer review the proposed subdivision drainage design plan for site prepared by Sandis. The information prepared for the project including the Site Plans and any other drainage maps will be reviewed and analyzed.

Questa will review updated flood maps for the site and vicinity and provide a qualitative review of the potential for increased risk of flood hazard exposure in downstream areas.

This will involve providing a peer review of analysis of runoff effects on storm drain levels at the project site and vicinity, an estimate of the increased runoff from the site based on updated data, and a review of potential cumulative effects on the local storm drainage system.

Questa will examine the proposed project land use and determine the potential of nonpoint source pollutants to impact the water quality of receiving waters, especially with respect to local NPDES and TMDL criteria and regulations. Updated Best Management Practices for control of non-point source pollutants at the project site will be reviewed and identified.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 6

An impact analysis will be completed. Questa will determine significant hydrologic/water quality impacts of the closure plan. Questa will update appropriate and feasible mitigations to address identified impacts of the project.

2.1.8 Land Use. Lamphier-Gregory will prepare the Land Use chapter of the EIR and identify any potential land use conflicts that may relate to environmental issues. In particular, our analysis will assess the consistency of the proposed use with all relevant Town of Portola Valley General Plan Policies as they relate to the project, as well as zoning ordinance provisions, open space policies, tree protection policies, and a consideration of ridgeline and significant view corridors.

2.1.9 Noise. Illingworth & Rodkin, Inc. will evaluate the project's potential noise impacts. The main issues are expected to be temporary noise from project construction activities and the compatibility of the proposed residential land uses with ambient noise sources such as traffic along Alpine Road. Permanent noise increases from the operation of the project (e.g., increased traffic in the project vicinity} will also be evaluated. Specific tasks will include the following:

Quantify Existing Conditions. l&R will visit the project site and monitor ambient noise levels at the project site and locations representative of the nearest noise-sensitive receivers during the daytime, evening, and nighttime. Short-term noise measurements would be made at additional locations, as necessary, to adequately quantify variations in the noise environment at adjacent receptors. These data would establish the baseline noise conditions that will be used in the impact assessment.

Calculate Future Noise Levels. Future noise levels will be calculated at the project site based on the results of the noise monitoring survey and through a review of site and building plans, and traffic data developed for the project. Future noise levels generated during operation of the project, including noise increases based on the project's traffic study, noise from the project's mechanical system, and other features of the project, will be calculated at the nearest sensitive receptors. Noise and vibration levels resulting from construction activities would be calculated at the nearest sensitive receivers based on project construction information and published data contained in Illingworth & Rodkin files.

Assess Noise Levels and Develop Mitigation. Calculated noise and vibration levels will be assessed for significance against the CEQA checklist questions. Where the predicted future noise and vibration levels would exceed significance thresholds, mitigation measures to reduce impacts would be identified. General recommendations for mitigation, such as noise barriers, mechanical equipment performance standards, building setbacks, and sound-rated construction methods, would be made. Final design review and design specific acoustical recommendations could be made under a separate or amended agreement.

2.1.10 Public Services. Lamphier-Gregory will develop the Public Services chapter of the EIR. The chapter will describe the change in use at the Project site and, through coordination with the Town and appropriate contacts with service providers, will analyze the potential for impacts on the provision of public services, including concerns regarding sheriff, fire, emergency medical services and schools.

2.1.11 Recreation. Similar to the Public Services chapter, Lamphier-Gregory will describe the change in use at the Project site as it relates to recreation and we will analyze the potential for impacts resulting from implementation of the proposed Project, which includes proposed open space and public trail easements.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 7

2.1.12 Traffic. Hexagon Transportation Consultants will prepare an analysis of potential transportation impacts related to the proposed Stanford Wedge Housing Development project to satisfy the requirements of the California Environmental Quality Act (CEQA) and the Town of Portola Valley.

The updated CEQA Guidelines, effective on December 28, 2018, state that automobile delay, as measured by level of service (LOS), will no longer constitute a significant environmental impact under CEQA, and that vehicle miles traveled (VMT) is considered the most appropriate metric to evaluate a project's transportation impacts. Local agencies have until July 2020 to adopt the new policy that establishes the thresholds and procedures for evaluating transportation impacts based on VMT. The Town has not yet adopted thresholds or guidelines related to VMT.

However, the Town has requested the project to study VMT for this project. Therefore, the study will prepare a VMT analysis in addition to an analysis of traffic operations.

Because the project would generate a small number of net new trips (fewer than 100 peak-hour trips), a full traffic impact analysis is typically not required according to the County of San Mateo Traffic Impact Study Requirements. Therefore, a traffic operations analysis is proposed to quantify the number of trips generated by the project and to identify any potential traffic operational issues that could occur as a result of the proposed project.

For the traffic operations analysis, we propose to study the following three intersections:
• Alpine Road and Westridge Drive
• Alpine Road and 1-280 southbound off-ramp
• Alpine Road and 1-280 northbound o'f-ramp
Hexagon will complete the following tasks as part of the study:

Study Area Refinement. Hexagon will collaborate with the Town staff to refine the study area and scope of the study.

Site Reconnaissance and Observation of Existing Traffic Conditions. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane configurations, traffic control devices, and surrounding land uses. Existing traffic conditions will be observed in the field in order to identify any operational deficiencies and to confirm the accuracy of calculated levels of service.

Data Collection. New weekday AM and PM peak-hour turning movement counts will be conducted for the study intersections.

Project Trip Generation, Distribution, and Assignment. Estimates of new trips to be added to the surrounding roadway network by the proposed residential units will be based on the trip generation rates recommended by the Institute of Traffic Engineers' (ITE) Trip Generation Manual, 10th Edition. The directional distribution of net site-generated traffic will be forecast based on existing travel patterns, relative locations of complementary land uses, and information obtained from previous traffic studies conducted for developments in the area, as available. The net site-generated traffic will be assigned to the roadway network based on the trip generation and distribution pattern discussed above.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 8

Traffic Operations Analysis. Traffic operations, including intersection level of service and vehicle queuing, will be evaluated for the study intersections. Level of service analysis will be conducted for the AM and PM peak-hour periods using the software Synchro, which employs the 2010 Highway Capacity Manual methodology for intersection analyses. The following analysis scenarios will be evaluated:
• Existing
• Existing+ Project
Site Access and On-Site Circulation. A review of the project site plan will be performed to determine the overall adequacy of the site access, sight distance, and on-site circulation in accordance with generally accepted traffic engineering standards and to identify any access or circulation issues that should be improved.

Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project's effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the study. Any effects of the project on the nearby facilities will be identified and improvements recommended to mitigate the effects.

Parking. Proposed on-site parking will be evaluated relative to the Town's parking requirements.

VMT Analysis. Average daily VMT for the project area and the Bay Area will be estimated using the Metropolitan Transportation Commission (MTC)'s VMT database, which includes the forecasted VMT for each transportation analysis zone (TAZ) in urbanized areas in the Bay Area. The estimated VMT for the project area will be compared to the Bay Area average VMT using the VMT threshold determined by Town staff.

Description of Impacts and Recommendations. Based on the results of the above tasks, impacts associated with the proposed development will be identified and described.

Reports. Our findings and recommendations of the above tasks will be summarized in a draft technical memorandum. Hexagon Transportation Consultants will respond to editorial comments on the draft and prepare a final technical memorandum.

Meetings. The fee estimate includes Hexagon staff attendance at up to three public meetings.

2.1.13 Utilities. Lamphier-Gregory will evaluate the extent to which development of the project site as proposed would affect water supply, treatment and delivery systems, wastewater collection and treatment systems, storm drainage systems, and solid waste collection and disposal services.

Because the proposed Project includes up to 39 dwelling units, a Water Supply Assessment is not required for the Project pursuant to AB 610. We assume the Town will review and confirm provision of services and utility plans in coordination with the environmental process. If required information is not available from the applicant or Town, we will attempt to use information from previous environmental documents or will coordinate to add the appropriate scope/budget.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 9

2.1.14 Wildfire. Carol Rice, General Manager of Wildland Resource Management (Wildland Res Mgt) will undertake the tasks described below in assessing hazards and risks related to wildfire.

Existing conditions settings:

Wildland Res Mgt will gather information on existing wildland fire hazard, existing regulations and programs that address the hazard, the current plans to minimize fire hazard. Wildland Res Mgt will look to see if the factors affecting wild land fire behavior and fire hazards are included in the emergency preparedness/evacuation plans or the project subdivision plans. We will identify wildland fire hazards, and map those to allow for an adequate assessment of impacts. The description of hazards will include an assessment of fuels, weather, topography, along with ignition potential and values at risk.

Fuels - We will look for a description of the surface and canopy fuels not only in the area of development, but also within the undeveloped parcel. Hazard assessment would include the type, density and distribution of these important factors.

Weather-We will determine whether weather information is described in terms of average worst conditions (typically the 90th percentile values observed over a decade or more) of relative humidity, temperatures, and especially wind speed and wind direction during times of high fire danger.

Terrain - Information on terrain should be included in the setting section in enough detail so that wind patterns that may be affected by terrain can be described in the area of implementation in addition to prevailing winds.

Fire history - Fire history should be described so that patterns· of future fire can be compared with historic. Previous and possible ignition sources should be included in the analysis as increased density and changed land use would affect potential ignition risk.

Ignition sources, such as those roadside fires along Alpine Road, will be addressed.

Assets - Values at risk from wildfire should be described so that the vulnerability from wildfire can be described. These can then be compared to the impacts of treatments and the threshold of significance. Values at risk would include a description of population, vulnerability of structures, ease of evacuation, infrastructure features and natural resources sensitive to fire. The location (uphill, or downwind, remote or adjacent) will be part of the description.

Existing conditions that support wildland fire response - The water supply, access, response times, and other aspects that influence the ability to contain/control fires will be analyzed.

Analysis of proposed development
The wildland fire hazard will be assessed.

Wildland Res Mgt will model the effects of the proposed plan and vegetative fuel treatments to determine the post-treatment fire behavior, for both the developed and undeveloped portion of the property. We will describe known effects of treatment or actions in terms of physical changes: the change in vegetation structure, volume, density, moisture, and distribution. These changes will determine the effect on potential fire behavior, which in turn, determines the effects of fire, and threats posed by the project to Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 10

adjacent, nearby landowners, potential additional demands on the public services and Town residents.

Wildland Res Mgt will review the mitigations offered in the developed portion of the project as well as mitigations offered in the non-developed portion of the project to determine whether the project's impact, when mitigated, reach the level of significance in regards to wildland fire.

Develop a Wildland Fire Protection Plan
If the wildfire hazard impact of the project is significant, mitigations will be offered via a comprehensive wildland fire protection plan. This wildland fire protection plan will potentially address ignition prevention, vegetation management, construction features, infrastructure improvements and operations enhancements to both reduce potential for and damage from wildland fire.

2.1.15 Other CEQA Topics. Discussion of all other environmental resource topics will be addressed qualitatively. Lamphier-Gregory will prepare an assessment of all other topic areas listed below, relying on information available from the Town's General Plan EIR and other public sources:
• Agricultural and Forestry Resources
• Energy
• Mineral Resources
• Population and Housing

2.2 Alternatives. Lamphier-Gregory will prepare an Alternatives chapter that includes the no project alternative and 3 additional alternatives as identified and defined in consultation with Town staff. Qualitative comparison of the alternatives in terms of the relative degree of impact significance will be presented; the environmentally superior alternative will be identified.

2.3 Other CEQA Considerations. Lamphier-Gregory will prepare a chapter that addressed other CEQA required considerations, including growth inducement and cumulative environmental effects.

2.4 Reviews, Revisions, and Screencheck Draft EIR. We will submit the first Administrative Draft EIR and all subsequent revisions to the Town in MS Word format for digital redline review. We will revise the first administrative Draft in response to Town's comments. For this proposal, we assume three iterations of the administrative Draft EIR will be prepared, submitted, and revised, showing changes in strikeout and underscore format (Track Changes mode) to facilitate reviews and revisions of all chapters. We will compile the reviewed chapters into a Screencheck Draft EIR for digital review prior to preparing the Draft EIR for release to the public. Town will review and approve the document prior to the publication and release of the Draft EIR.

2.5 Produce and Publish Draft EIR. We will prepare and finalize the Draft EIR for public release. We will provide a digital PDF version of the Draft EIR suitable for posting on the Town's website. We will provide the Town with up to 15 bound printed copies of the Draft EIR, with all appendices included on a CD attached to the rear cover of the document plus up to 10 copies (EIR and appendices) on CD or USB drive, per the Town's preference.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 11

As part of this Task 2.5, we will prepare draft and final public notices in accordance with CEQA procedures and Town format preferences, as well as forms for submittal to the State Clearinghouse. Our scope assumes that Lamphier-Gregory will submit materials to the State Clearinghouse but that Town staff would otherwise distribute copies to Town's mailing list of interested agencies and individuals and file with the County clerk.

Task 3: Comments, Responses, and Final EIR

3.1 Public Comment Hearing. Lamphier-Gregory will prepare for and attend a public hearing to be hosted by the Town during the 45-day public review period at which comments on the Draft EIR will be solicited from interested members of the public. This scope assumes the Town will organize and notice the meeting and conduct the presentation and provide minutes of the public hearing suitable for inclusion in the EIR.

3.2 Approach to Comment Responses. Lamphier-Gregory will compile all comments received during the public review period, identify preliminary approach to responses including information needed from other parties, and will meet with Town staff to review the comments and reach agreement on an approach to the responses and timeline for receipt of any necessary information from other parties. We have included in our Budget an estimate of the costs associated with preparation of responses to comments but it is not possible to predict the extent of comments or the depth of technical effort needed to fully and accurately respond to all comments. Our scope of work assumes a moderate amount and complexity of comments with no additional technical analysis required. If, after preliminary review of the comments, we determine that additional effort will be required, we will coordinate to identify the appropriate additional scope and budget.

3.3 Responses to Comments and Administrative Final EIR. We will prepare an Administrative Final EIR that includes responses to all agency and individual comments in accordance with the strategy agreed upon under Task 3.2. The Administrative Draft Final EIR will consist of chapters that include an Introduction, Revisions to the Draft EIR, and Comments and Responses. We will submit the first Administrative Draft Final El R to Town staff for review.

3.4 Mitigation Monitoring and Reporting Program. Lamphier-Gregory will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP) for all applicable mitigation measures in the format preferred by Town staff.

3.5 Reviews, Revisions, and Screencheck Final EIR. L We will submit the first Administrative Draft Final EIR and all subsequent revisions to the Town in MS Word format for digital redline review.

We will revise the first administrative Draft in response to Town's comments. Up to three iterations of the Administrative Final EIR will be prepared, submitted, and revised, showing changes in strikeout and underscore format (Track Changes mode) to facilitate iterative reviews and revisions.

We will compile the reviewed chapters into a comprehensive Screencheck Final EIR for digital review prior to preparing the Final EIR for release to the public. Town staff will review and approve the document prior to releasing the Final EIR for publication.

3.6 Produce and Publish Final EIR. We will prepare and finalize the Final EIR for public release. We will provide a digital PDF version of the Draft EIR suitable for posting on the Town's website. We Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 12

provide the Town with up to 15 bound printed copies of the Final EIR, with all appendices included on a CD attached to the rear cover of the document plus up to 10 copies (EIR and appendices) on CD or USB drive.

As part of this Task 3.6, we will prepare draft and final public notices in accordance with CEQA procedures and Town format preferences, as well as forms for submittal to the State Clearinghouse. Our scope assumes that Lamphier-Gregory will submit materials to the State Clearinghouse but that Town staff would otherwise distribute copies to Town's mailing list of interested agencies and individuals and file with the County clerl<.

3.7 CEQA Findings, Staff Reports and Resolutions. In consultation with Town staff, we will draft CEQA findings and, as applicable, a Statement of Overriding Considerations for the Project. We will also assist Town staff in the drafting of appropriate Staff Reports and Resolutions for consideration by the Town's decision-making bodies.

3.8 Certification Hearings (2). We will prepare for and attend hearings before the Town Planning Commission and the Town Council at which time the EIR would be presented for certification and project approval (or recommendation) consideration and any other Town meetings as requested. This line item includes preparation for and attendance by Lamphier-Gregory and representatives from the traffic and wildfire subconsultants at up to 2 hearings. This scope assumes that Town staff will organize and notice the meetings and conduct the presentation.

Lamphier-Gregory and the traffic and wildfire technical subconsultants will attend and be prepared to answer technical questions related to the environmental analysis.

3.9 Additional Meetings/Hearings. Per the RFP, we have included attendance by Lamphier-Gregory at up to 2 additional public meetings with the same assumptions as for task 3.8 above.

3.10 Notice of Determination. We will also prepare a draft and final Notice of Determination (NOD) for Town staff to file with the County Clerk and State following project approval.

Task 4: Coordination & Project Management

4.1 Meetings. During the course of the project, the Lamphier-Gregory Project Manager will participate in coordination meetings with Town Staff, most of which are likely to be best conducted telephonically via conference calls. For in-person meetings, we anticipate needing and have budgeted for the following:
• One Initial l<ick-Off Meeting (included in Task 1.2)
• One EIR scoping meeting (included in Task 1.6)
• One meeting with Town staff to discuss Administrative Draft preliminary conclusions • One meeting with Town staff to discuss comments and preliminary responses for the Final EIR
• One public hearing for commenting on the DEIR (included in Task 3.1) • Up to four additional public meetings including at least one Planning Commission hearing and one Town Council hearing to consider EIR Certification and Project Approval (included in Tasks 3.8 and 3.9)
• Note that attendance at an additional public meeting would be expected to cost approximately $1,050 for Lamphier-Gregory, $925 for the traffic consultant, and $990 for Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 13

the wildfire consultant depending on the amount of preparation necessary and the meeting length.

4.2 Project Administration and Management. Every contract for professional services involves a certain amount of time spent on administration, project management, and quality control. Our budget reflects our best estimate of the amount of time and expense required to manage this process, coordinate with our subconsultant team, maintain the budget and project schedule, and provide accountability to the Town during the process.

II. Schedule
Set forth on the following page is our preliminary schedule for preparing the EIR and completing the CEQA process. We have identified the time periods required for our technical analysis and documentation, and have estimated a timeframe that includes public comment processes, the time required by Town staff for review of draft documents, and the number of iterative reviews that may be necessary. For this schedule, we assume Town staff will require three weeks to review and comment on first draft documents, two weeks for a second draft and one week to review and sign off on Screencheck Drafts prior to publishing final documents. Based on these assumptions our preliminary schedule is displayed in a Gantt type chart format on the following page showing an approximately 13-month process.
111. Budget and Costs
The line item breakdown shown following the schedule page reflects our estimate of the cost to produce the EIR and complete the environmental review process for this project. The cost estimate is $200,350.

Because of the inherent unpredictability of this work, we recommend including approximately 10 percent as a contingency which would be accessed with administrative level approval for out-of-scope work, should the need arise. With the contingency, the total proposed budget would be $220,350 which we would treat as a "Not to Exceed" budget for contract purposes.

Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 14

-
, ••••, ,,,ro,,aaauuaaa•••••••••••n•••••••••••••••••••naaN TASK/EVENT Month 1
Notice to Proceed
Flnalize Scope and Contract Documents Kick-off Meeting+ Site Visit Review Project Materials Draft and Final Project Description Prepare Notice of Preparation (NOP)
File NOP- PublicReview Period
EIR Scoping Meeting
Prepare NOP Comments Summary
Begin Work on Draft EIR
Technical Studies
Alternatives
Submit Ad min Draft EIR #1 for Review
Town Review of Admin Draft EIR #1 (3 weeks)
Prepare 2nd Administrative Draft EJR
Adm in Draft#2 review (2 weeks)
Prepare Screencheck Draft EIR
Screencheck Draft ElR Review (1 W[oek)
Prepare Notices; File & Publish Draft E!R Public Review (45 days) Public Hearing on Draft EIR Approach to Comment Responses
Responses to Comments, Ad. Draft Final EIR
Town Review of Ad. Draft Final EIR #1
Prepare MMRP & Ad. Draft Final EJR #2
Town review of Ad. Draft Final EIR #2
Prepare Screencheck Draft FEIR & MMRP Produce, File & Publish Final EtR Prepare CEQA Findings, Staff Reports, Reso's Certification Hearing- Planning Commission
Certification Hearing- Town Council
Prepare Notice of Determiniation
Consultant Te.am Work'
Town Review
Public Review/Comment :: .

Publlc Meeting/Hearing
Month 2 Month 3 Month4 Months Month6 Month 7-
ii
I
ii
• I
!
i
Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Month 8 Month 9 Month 10 Month 11 Month 12 Month 13 Month 14 I
I L , ,.

I
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-

Lamphier - Gregory Envir. Pa!eoWest Questa Illingworth Hexagon Wi!dland Tmal Vision WRA Rodkin Res. Mgt Expenses Principal Senior Planner
Hourly Rates: H,s $250 H,s $210
TASK 1: Proiect Initiation

1.1 Finalize Scope of Work; Contract Documf>nt.> 2 $500 4 $840 $1,340

1.2 Project Kick-Off Meeting, Site Visit $0 6 $1,260 $50 $1,310

1.3 Review Project Materials $0 2 $420 $420
1 .4 Project Description (inc. reviews & revisions) $0 70 $2,100 $2,100

1.5 Notice of Preparation $0 4 $840 S840

1.6 ElR Scoping & Comments Summarv $0 10 $2,100 $50 $2,150 Subtotal: 2 $500 36 $7 560 so so so $0 $01 $0 $0 $100 $8,160 TASK 2: Environmental Analvsis and Draft EIR

2.1 Administrative Draft EIR 10 $2,500 20 $4,200 $6,700

2.1.1 Aesthetics/Visual $0 14 $2,940 $9,075 $12,015 2.1.2 Air Quality, Greenhouse Gas $0 4 $840 $6,403 $7,243

2.1.3 Biological Resources $0 6 $1,260 $6,160 $7,420

2.1.4 Cultural and Tribal Cultural Resources $0 4 $840 $16,024 $16,864 2.1.5 Geology $0 4 $840 $13,686 $14,526 2.1.6 Hazards and Hazardous Materials $0 4 $840 $840 2.1.7 Hydrology/Water Quality $0 4 $840 $7,874 $8,714 2.1.8 Land Use $0 72 $2,520 $2,520 2.1.9 Noise $0 4 $840 $9,218 $10,058 2.1.10 Public Services $0 4 $840 $840 2.1.11 Recreation $0 2 $420 $420 2.1.12 TrafficfTransporta.tion $0 6 $1,260 $21,252 $22,512 2.1.13 Utilities $0 4 $840 $840

2.1.14 Wildfire $0 6 $1,260 '.£19,800 $21,060

2.1.15 Alf Other Resource Topics $0 16 $3,360 $3,360

2.2 Alternatives $0 28 $5,880 $5,880 2.3 Other CEQA Considerations $0 2 $420 $420 2.4 Reviews Revisions & Screencheck Draft EIR 2 $500 24 $5,040 $5,540 2.5 Produce & Publish Draft EIR and Aooendiccs $0 8 $1,680 $1,800 $3,480 Subtotal: 12 $3,000 176 $36,%0 S9,075 I $6,160 $16,0241 $21,560 $13,621 $21,252 $19,800 $1,800 $151,252 TASK 3: Comments, Resoonse & Fina.I EIR

3.1 Public Comment Hearing $0 72 $2,520 $50 $2,570 3.2 Approach to Responses to Comments 2 $500 6 $1,260 $1,760 3.3 Response to Comments and Adm in Final EIR 10 $2,500 28 $5,880 $8,380 3.4 Mitigation Monitoring & Reporting Program (MMRP) $0 4 $840 $840

3.5 Reviews, Revisions, & Screencheck Final EIR $0 16 $3,360 $3,360

3.6 Produce & Publish Final EIR $0 12 $2,520 $1,500 $4,020

3.7 CEQA Findings, Staff Reports, Resolutions 2 $500 18 $3,780 $4,280 3.8 Certification Hearings (2) with tech. consultants $0 10 $2,100 $1,848 $1,980 $100 $6,028 3.9 Additional Public Meetings/Hearings (2) $0 10 $2,100 $100 $2,200

3.10 Notice of DeteITT1ination $0 2 $420 $420
Subtotal: 14 $3.500 118 $24,780 $0 $0 $0 so $0 $1,848 $1,980 $1,750 $33,858 TASK 4: Coordination & rro·ectAdministration

4.1 Coordination & Meetings with Town staff 3 $750 16 $3,360 $200 $4,310 4.2 Project Administration & Management 4 $1,000 6 $1,260 $2,260 Miscellaneous Exoenses $510 $510
Subtotal: 7 $1,750 22 $4,620 $0 $0 $0 $0 $0 $0 so $710 $7,080 • • • ' ' . ' ' . ' " " " ., " ' Contingency I I I $20,000 " . '. . '• ' '
Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 16

Rate Schedules
Lamphier-Gregory charges for services on a time-and-materials basis in carrying out the Scope of Work, based on our hourly rates and reimbursement of actual out-of-pocket expenses. Subconsultants are compensated on a fixed fee basis. In the event that the work can be completed with less effort than anticipated, unexpended amounts in the budget would not be invoiced. Payment is due within 30 days of receipt of invoices. Reimbursable expenses and subconsultant costs are invoiced at cost plus 10%. The total of our fees, subconsultant costs, and direct costs comprise our cost estimate.

We typically recommend including a 10 percent contingency amount so that any out-of-scope work can be authorized at the staff level without having to wait for approval at a higher level. The sum of the cost estimate and contingency typically become a "not to exceed" budget for the work assignment. Use of the contingency or any other adjustment to the budget would require prior written approval by City staff.

The 2019 standard billing rates for the Lamphier-Gregory team are as follows:

Classification Hourly Billing Rate Classification Hourly Billing Rate LAMPHIER-GREGORY Paleo West
Scott G regrny, President $250 Principal (Vanessa Mirra) $215 Senior Planner (Rebecca Auld) $210 Senior Archaeologist (C. Alonso) $115 Environmental Vision
Principal in Charge $178 Hexagon Transportation
Principal Manager $156 President $280
WRA, Inc Senior Associate 11 $225
Principal $270 Planner/Engineer 11 $150
Senior Associate $227 Technician $75
Associate $173 Questa Engineering
Associate $135 Principal/Managing Engineer $200
Illingworth & Rodkin Principal/Senior Hydrologist $185
Principal Consultant $220 Senior Engineering Geologist $175 Senior Consultant $195 Staff Engineer $105
Staff Consultant $145 Staff Geologist $100
Wild/and Resource Management
General Manager $150
Lamphier-Gregory Scope, Schedule, and Budget: Stanford Wedge Housing Project EIR Page 17

EXHIBIT D
(INSURANCE REQUIREMENTS)
Consultant 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 Consultant, its agents, representatives, employees or subcontractors.

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

1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an "occurrence" basis.

1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no 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 Consultant's profession. Architects' and Consultants' coverage is to be endorsed to include contractual liability.

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

2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. 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 Employers Liability. Workers' compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.

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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 insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant 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 ay require the Consultant 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 and Automobile Liability insurance policies 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 Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.

4.1.2 The Consultant'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 Consultant'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.

4.1.6 Consultant'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.

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4.2 Worker's Compensation Insurance. The Worker's Compensation Policy required pursuant to Section ·1.3 shali contain or be endorsed to contain the provision set forth in subsection 4.1.4 above.

4.3 Acceptability of Insurers. All required insurance shall be placed with insurers with a current AM. 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 be maintained by Consultant for a period of 5 years after completion of the contract.

5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting 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 consultant'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. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

T:\Council Packet Material\2019\10"23-19\Stanford EIR Consultant Agreement.doc ______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
DATE: August 10, 2022
RE: Contract Amendment #1 for Housing Element Update Consultant – Lisa Wise Consulting, Inc.

RECOMMENDATION
Staff recommends that the Town Council approve a contract amendment with Lisa Wise Consulting, Inc. for planning services to support the Housing Element Update.

BACKGROUND
On April 28, 2021, the Town Council discussed the Housing Element Update including the work program and community engagement. There was consensus of the Council to seek a consultant or team of consultants to support the Town in the Housing Element Update process and supplement the work being done by 21 Elements. The Town issued a request for qualifications (RFQ) to perform the Housing Element Update and received responses from three firms.

The Housing Element Update was awarded to Urban Planning Partners (UPP) on July 14, 2021 and consisted of the following tasks:

1. Project Management and Coordination – this area includes support for the Ad Hoc Housing Element Committee

2. Community Outreach and Engagement – this area includes general community outreach and meetings of the Planning Commission and Town Council.

3. Housing Element, Land Use Element, and Zoning Code Support

4. Vehicle Miles Traveled (VMT) Threshold Analysis
On March 23, 2022 the Planning and Building Director provided an update on the Housing Element to the Town Council. Upon the recommendation of staff and the Ad Hoc Housing Element Committee, the Town Council increased the budget for the Housing Element so that among other activities, the Town could explore potential sites for multi-family housing and

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Housing Element Consultant Services August 10, 2022

implement certain recommendations from the Housing Element Update including zoning code amendments and objective design standards.

Lisa Wise Consulting, Inc. (Lisa Wise) was one of the firms that initially responded to the Town’s RFQ to perform the Housing Element Update. Given the firm’s expertise, staff engaged with Lisa Wise on the possibility of performing the following phased tasks:

1. Preparation of Conceptual Site Plans for sites proposed for multi-family housing in the Draft Housing Element

2. Amend Title 18 of the Portola Valley Municipal Code required to implement the Housing Element

3. Preparation of objective design standards
The first phase of work was to prepare conceptual site plans proposed for multi-family housing. This phase of work was awarded on April 13, 2022 by the Town Manager for the amount of $25,000 which was within the Town Manager’s approval threshold. This phase was completed in June 2022. Now that the first phase was completed, staff recommends initiating Phase 2 to implement Housing Element recommendations related to zoning. Phase 3 – Objective Design Standards would be initiated after the completion of Phase 2.

DISCUSSION
In Phase 2 of Lisa Wise’s scope of work, the consultant would prepare draft zoning code amendments identified in the Housing Element’s implementing policies. The draft zoning amendments for consideration would include creation of new zoning districts and corresponding development standards for those districts.

In addition to the draft zoning amendments, Lisa Wise would also prepare graphics or diagrams to illustrate the new development standards, be available to participate in public meetings to gather community feedback, and draft revised zoning maps illustrating the proposed zoning districts. The work scope is intended to provide the community and Town Council with information on the proposed changes and to enable discussion and the proposed approaches.

FISCAL IMPACT
The budget for the Phase 2 scope of work is $120,963. Including the Phase 1 costs, the total not-to-exceed amount would be $145,963. On March 23, 2022, the Town Council discussed the cost of Housing Element Update activities and agreed that the expenses that exceed grant funding and the current fiscal year budget should be paid from reserves.

ATTACHMENTS

1. Amendment #1 to Agreement

2. Agreement for Planning Services

1 AMENDMENT NO. 1 TO AGREEMENT FOR

PROFESSIONAL PLANNING SERVICES BETWEEN

TOWN OF PORTOLA VALLEY AND LISA WISE CONSULTING
This Amendment 1 (“Amendment”) is made as of August 10, 2022, with respect to the Agreement by and between the Town of Portola Valley (“Town”) and Lisa Wise Consulting (“Consultant”).

RECITALS
A. The Town and Consultant entered into the Agreement to provide professional planning services on April 13, 2022.

B. The Town and Consultant desire to modify the Agreement.

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

1. Scope. The scope of services is expanded to include the services listed in Exhibit A-1.

2. Compensation. The compensation for services identified in Exhibit A of the Agreement is increased to a total not to exceed amount of $120,963.

3. Agreement. Other than the amendment set forth in Section 1 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 1 as of the date set forth above.

TOWN OF PORTOLA VALLEY: LISA WISE CONSULTING:
___________________________ __________________________
Craig Hughes, Mayor Lisa Wise
ATTEST:
___________________________
Melissa Thurman, Town Clerk
2 EXHIBIT A
(SCOPE, BUDGET AND SCHEDULE)
Scope
Phase 2 involves amendments to Title 18 of the Portola Valley Municipal Code – Zoning Ordinance required to implement the Housing Element inclusive of the following task:

A. Kick-off Meeting, Review of Policies, and Ongoing Coordination. LWC will meet with the Town and UPP to discuss the Scope of Services, Housing Element policies and/or implementation action items, and organization and nature of project deliverables. Ongoing coordination, such as emails and inform check-ins, will be conducted as needed throughout the duration of the project.

B. Administrative Draft Zoning Amendments. LWC will prepare Draft Zoning Amendments called for by the Housing Element policies and/or implementation action items. Amendments will be informed by the work and the findings of Phase 1, which aided in determining appropriate building massing, configuration, and general site design recommendations for the sites identified in the Housing Element. LWC anticipates that the amendments will include:
• The drafting of one new residential mixed-use zone. This may be inserted as Chapter 18.15.10, or another location as directed by Staff. • The drafting of one new multi-family residential zone. This may be inserted as Chapter 18.15.20, or another location as directed by Staff. • Amendments to Code chapters 18.36 through 18.60 as needed to reflect development standards specific to the two new zones.
• Preparation of graphics/diagrams as needed to illustrate new development standards.

C. Working Meetings with Town Staff (4). LWC will attend up to four working meetings with the team as needed to review and discuss the Draft Zoning Amendments and address refinements. Meetings are assumed to be conducted online via a videoconferencing platform.

D. Public Draft Zoning Amendments. Based on feedback from the Town Staff on the Administrative Draft Zoning Amendments, LWC will prepare Public Draft Zoning Amendments.

E. Public Meetings (2). LWC will prepare slide decks for and attend up to two public meetings. The anticipated objective of the meetings is to present Public Draft Zoning Amendments to decision-making bodies and the community and gather feedback to be reflected into the Hearing Draft Zoning Amendments. These meeting may take the form of adoption hearings (see Task G).
3 F. Hearing Draft Zoning Amendments. Based on feedback from the community and Town Staff on the Public Draft Zoning Amendments, LWC will prepare Hearing Draft Zoning Amendments.

G. Adoption Hearings (2). LWC will prepare slide decks for and attend up to two public adoption hearings. The anticipated objective of the hearings is to present Hearing Draft Zoning Amendments to decision-making bodies and the community and gather feedback to be reflected into the Final Zoning Amendments. These meeting may take the form of public meetings (see Task E).

H. Final Zoning Amendments. Based on feedback from the Working Meetings, Public Meetings, and Hearings, LWC will prepare Final Zoning Amendments.

I. Zoning Map, Draft and Final. LWC will work with the Town Staff and UPP to develop a Zoning Map that reflects the direction of the Housing Element and related Zoning Amendments. This task assumes LWC will receive all GIS data for the existing zoning map, and includes two draft deliverables: a Draft Zoning Map to be submitted with the Public Draft Amendments and Final Zoning Map to be submitted with the Final Zoning Amendments.

Budget
Task
Hours
by
Task Subtotal by Task
Task A Kick-off, Policy Review, Coordination 45 $ 8,425 Task B
Administrative Draft Zoning
Amendments 89 $ 16,245
Task C
Working Meetings with Town Staff
(4) 48 $ 9,520
Task D Public Draft Zoning Amendments 73 $ 13,445
Task E Public Meetings (2) 80 $ 15,120
Task F Hearing Draft Zoning Amendments 41 $ 7,845
Task G Adoption Hearings (2) 80 $ 15,120
Task H Final Zoning Amendments 28 $ 5,180
Task I Zoning Map 34 $ 5,870
Subtotal 518 $ 96,770
Contingency (25%) $ 24,193
Total $ 120,963
The estimated budget for this work is $96,770 based on the projected cost for each task as indicated in the above table. However, invoices will be billed on a time and materials basis.

Invoices will be submitted monthly with a description of work completed and the percentage and amount due per task.

Schedule
Phase 2 will commence upon full execution of the contract or notice to proceed and is anticipated to be complete by February 2023.

AGREEMENT FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 13th day of April, 2022 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and Lisa Wise Consulting (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide professional planning services to the Town, as described in more detail in Exhibit A.

B. Consultant 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 Consultant are as set forth in detail in Exhibit A attached hereto.

2. TIME OF PERFORMANCE. The services shall be performed on a timely, regular basis in accordance with the Schedule of Performance attached hereto and included as Exhibit A.

3. STANDARD OF PERFORMANCE. As a material inducement to the Town to enter into this Agreement, Consultant hereby represents and warrants that it has the qualifications and experience necessary to undertake the services to be provided pursuant to this Agreement. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Town. Consultant 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.

4. COMPLIANCE WITH LAW. All services rendered hereunder by Consultant 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.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for one year or until the services required hereunder have been satisfactorily completed by Consultant, unless earlier terminated pursuant to Section 17, below.

6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth and included in Exhibit A, to a maximum of DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 Twenty-Five Thousand Dollars ($25,000). The Town also agrees to compensate Consultant for its out-of-pocket expenses to the extent authorized in Exhibit A. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of Twenty-Five Thousand Dollars ($25,000), unless specifically approved in writing by the Town Council.

7. METHOD OF PAYMENT. Consultant shall invoice the Town monthly for the percentage of work performed for each task as set forth in Exhibit A. Payments to Consultant by Town shall be made within thirty (30) days after receipt by Town of Consultant’s itemized invoices.

8. REPRESENTATIVE. Lisa Wise is hereby designated as the representative of Consultant 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 Lisa Wise were a substantial inducement for Town to enter into this Agreement. Therefore, Lisa Wise shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.

The representative may not be changed by Consultant without the express written approval of the Town.

9. INDEPENDENT CONTRACTOR. Consultant is, and shall at all times remain as to the Town, a wholly independent contractor and not an agent or employee of Town.

Consultant shall receive no premium or enhanced pay for work normally understood as overtime, nor shall Consultant receive holiday pay, sick leave, administrative leave, or pay for any other time not actually worked. The intention of the parties is that Consultant shall not be eligible for benefits and shall receive no compensation from the Town except as expressly set forth in this Agreement. Consultant 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 Consultant or any of Consultant’s employees, except as set forth in this Agreement.

Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the worker’s compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold the Town harmless from any failure of Consultant 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 Consultant under this Agreement any amount due to Town from Consultant as a result of Consultant’s failure to promptly pay the Town any reimbursement or indemnification arising under this Section.

10. CONFIDENTIALITY. Consultant, in the course of its duties, may have access to financial, accounting, statistical and personal data of private individuals and employees of the Town. Consultant covenants that all data, documents, discussion, or other information developed and received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the Town. The Town shall grant such authorization if disclosure is DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

11. OWNERSHIP OF MATERIAL. All reports, documents, or other written materials developed or discovered by Consultant or any other person engaged directly or indirectly by Consultant 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.

12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may make Consultant “financially interested” (as provided in California Government Code Sections 1090 and 87100) in any decision made by the Town on any matter in connection with which Consultant has been retained pursuant to this Agreement. Nothing in this section shall, however, preclude Consultant from accepting other engagements with the Town.

13. ASSIGNABILITY; SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Consultant’s obligations hereunder, without the prior written consent of the Town Council, and any attempt by Consultant to do so shall be void and of no effect and a breach of this Agreement.

14. INDEMNIFICATION.

14.1 To the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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 such services shall not operate as a waiver of such right of indemnification.

14.2 With regard to Consultant’s professional services, Consultant agrees to use that degree of care and skill ordinarily exercised under similar circumstances by members of Consultant’s profession, including without limitation adherence to all applicable safety standards. To the fullest extent permitted by law, Consultant 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 DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 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 Consultant or Consultant’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.

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

15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit B 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 Attorney as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the Town Attorney. Consultant 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.

16. SUSPENSION. The Town may, in writing, order Consultant to suspend all or any part of Consultant’s services under this Agreement for the convenience of the Town, or for work stoppages beyond the control of the Town or the Consultant. Subject to the provisions of this Agreement relating to termination, a suspension of work does not void this Agreement. In the event that work is suspended for a period exceeding 120 days, the schedule and cost for completion of the work will be adjusted by mutual consent of the parties.

17. TERMINATION.

17.1 This Agreement may be terminated by either the Town or Consultant following five (5) days written notice of intention to terminate. In the event the Agreement is terminated, Consultant shall be paid for any services properly performed to the last working day the Agreement is in effect. Consultant 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.

17.2 In the event of termination, Consultant shall deliver to the Town copies of all reports, documents, computer disks, and other work prepared by Consultant under this Agreement, if any. If Consultant’s written work is contained on a hard computer disk, Consultant 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 DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 and deliver said soft computer disk to Town. Town shall not pay Consultant for services performed by Consultant through the last working day the Agreement is in effect unless and until Consultant has delivered the above described items to the Town.

18. CONSULTANT’S BOOKS AND RECORDS. Consultant 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 (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement.

19. 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 Consultant 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 Consultant 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 Consultant, and the making of any such payment by the Town shall in no way impair or prejudice any right or remedy available to the Town with regard to such breach or default.

20. 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, email 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
Email: [email protected]
To Consultant:

Lisa Wise Consulting
983 Osos Street
San Luis Obispo, CA 93401
Email: [email protected]
Notice shall be deemed communicated on the earlier of actual receipt or forty-eight (48) hours after deposit in the U.S. mail, the date of delivery shown on deliverer’s receipt, or by acknowledgment of facsimile transmission.

21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Consultant 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. Consultant 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.

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8

22. 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.

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

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

25. 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 Consultant. This 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 Consultant shall be for only a not-to-exceed sum.

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

TOWN: CONSULTANT:

By: _______________________
Jeremy Dennis, Town Manager
By: _______________________
Lisa Wise
APPROVED AS TO FORM:
____________________________
Cara Silver, Town Attorney

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8

EXHIBIT A
(SCOPE, BUDGET AND SCHEDULE)
Portola Valley
Conceptual Site Plans
Scope, Budget and Schedule
This Scope, Budget, and Schedule describes Phase 1 of Lisa Wise Consulting’s three-phase role in the Town of Portola Valley’s 6th Cycle Housing Element Update.

This Phase 1 Scope involves preparation of Conceptual Site Plans for sites proposed for multi-family housing in the Draft Housing Element. The Scope of Services describes the LWC’s work plan by task including associated meetings and deliverables.

Phases 2 and 3 are anticipated to involve updates to the Zoning Code and the preparation of objective design standards. The scope, schedule, and budget for phases 2 and 3 will be developed in coordination with Town Staff following the completion of Phase 1.

SCOPE OF SERVICES
A. Kick-off Meeting, Confirmation of Assumption, and Ongoing Coordination. LWC will meet with the Town to discuss the Scope of Services, deliverables, and proposed assumptions, such as unit sizes, densities, open space requirements, and parking ratios. Ongoing coordination, such as emails and inform check-ins, as needed.

B. Draft Conceptual Site Plans. LWC will prepare Draft Conceptual Site Plans for five housing opportunity sites: 1) Town Center Site (6 to 8 dwelling units), 2) Ford Field Site (20 to 30 du/acre), and 3-5) Nathorst Sites, including parking lot behind Roberts Market and 4394 and 4370 Alpine Road (20 to 30 du/acre).

The Draft Conceptual Site Plans will include the following:

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 Meetings
• Kick-off Meeting
• Two 2 hour-long working meetings
Products
• Draft Conceptual Site Plans (PDF)
• Final Conceptual Site Plans (PDF)
• Simple scaled plan diagram of one potential buildout scenario for each site; and • Buildout table that identifies the site area, units, average unit size, stories, density, on-site parking spaces, and on-site open space area for each scenario.

C. Working Meetings with Town Staff. LWC will attend two 2-hour meetings with the team to review and discuss the Draft Conceptual Site Plans and address refinements. Meetings are assumed to be conducted online via a videoconferencing platform.

D. Final Conceptual Site Plans. Based on feedback from the Working Meetings, LWC will prepare Final Conceptual Site Plansfor each site. The Final Conceptual Site plans will aid Town Staff and community in determining the physical feasibility of the build out assumptions in the Housing Element. The Final Conceptual Site Plans will include the following:
• Detailed plan diagrams of each site design; and
• Final buildout table.

E. Slide Deck for Presentation. LWC will prepare a PowerPoint presentation of the Final Conceptual Site Plans for Town Staff to present at the Town’s Ad Hoc Committee meetings.

BUDGET
The project will be billed on a time and materials basis at the rates listed below. Invoices will be submitted monthly and contain a description of work complete by percentage and total amount due. The total “not to exceed” budget for the project is $25,000.

LWC Staff Level Hourly Rate
Principal $285
Director $245
Senior Associate $195
Lead Associate $165
Associate $155
DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 9 SCHEDULE
Phase 1 will commence immediately upon the full of the contract or notice to proceed.

Deliverables will coincide with Ad Hoc Committee Housing Element Committee meeting on May 2, 2022.

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 10 EXHIBIT B
(INSURANCE REQUIREMENTS)
Consultant 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 Consultant, its agents, representatives, employees or subcontractors.

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

1.1 Insurance Services Office Form No. CG 0001 covering General Liability and Commercial General Liability on an “occurrence” basis.

1.2 Insurance Services Office Form No. CA 0001 covering Automobile Liability, Code 1 (any auto), Code 8 (hired autos) or Code 9 (non-owned autos), if Consultant has no 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 Consultant’s profession. Architects’ and Consultants’ coverage is to be endorsed to include contractual liability.

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

2.1 Comprehensive General Liability. (Including products-completed operations, personal & advertising injury) One Million Dollars ($1,000,000) combined single limit per claim and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, personal injury and property damage. 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 Employers Liability. Workers’ compensation limits as required by the Labor Code of the State of California. One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 11 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 insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Town, its officials, employees, agents and contractors; or the Consultant 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 ay require the Consultant 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 and Automobile Liability insurance policies 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 Consultant including materials, parts or equipment furnished in connection with such work or operations, and products and completed operations of the Consultant on premises owned, leased or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officials, employees, agents and contractors.

4.1.2 The Consultant’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 Consultant’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.

4.1.6 Consultant’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.

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 12 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 provision set forth in subsection 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 be maintained by Consultant for a period of 5 years after completion of the contract.

5. VERIFICATION OF COVERAGE. Consultant shall furnish the Town with original certificates, amendatory endorsements, and actual policies of insurance effecting 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 consultant’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 emailed to the following representative of the City:

Laura Russell
Planning and Building Director
Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
(650) 851-1700 ext. 218
[email protected]

6. SUBCONTRACTORS. Consultant shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.

DocuSign Envelope ID: 091942DE-4453-4663-BCC7-3ED8CAB332E8 ______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
Cindy Rodas, Finance Director
DATE: August 10, 2022
RE: Fee Schedule Update

RECOMMENDATION
Staff recommends that the Town Council hold a public hearing to review proposed fee changes and adopt a resolution revising the Town’s Master Fee Schedule to amend the Town Attorney’s planning hourly rate.

BACKGROUND
On April 27, 2022, the Town Council adopted a resolution updating the Town’s Fee Schedule, adjusting rates based on the February 2022 Consumer Price Index This update took effect on July 1 of this year.

DISCUSSION
Periodic updates to the fee schedule are necessary based on new information. A recent market survey conducted by MIG Consultants has determined that an increase to the Town Attorney’s hourly rate is merited, which was reflected in the Town Attorney’s latest contract update with the Town.

Staff recommends that the Town Council approve an update to the Town Attorney’s hourly rate for processing planning entitlements be increased $50 from $325 to $375. These changes are reflected in edits to pages 9, 19, and 22 of the revised Fee Schedule (Attachment 2).

FISCAL IMPACT
There will be a modest increase in the pass through amount to the Town Attorney’s office.

ATTACHMENTS

1. Resolution

2. Updated Fee Schedule

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

RESOLUTION NO. -2022

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

PORTOLA VALLEY APPROVING A REVISED FEE SCHEDULE

FOR TOWN ATTORNEY FEES
WHEREAS, Municipal Code Section 18.34.040 [Fees for applications-Collection] of Chapter 18.34 [Administration] of Title18 [Zoning] authorizes the TownCouncil to establish, by resolution, the amounts of fees for applications and permits under the Zoning Ordinance and may, from time to time modify the resolution; and WHEREAS, a recent market survey showed that an increase in the Town Attorney's hourly rate was merited; and
WHEREAS, the proposed fees are not a tax pursuant to State of California Proposition 26; and
WHEREAS, on x, 2022, the Town Clerk published notices in a newspaper of local distribution concerning the Town Council's intention to hold a public hearing to consider adoption of a new fee schedule and all documentation supporting the proposed fee schedule was made available to the public, beginning on x.

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

Section 1. The fees set forth in the attached fee schedule (Exhibit A) are hereby established pursuant to the Town of Portola Valley Municipal Code and shall become part of the Master Fee Schedule. These fees shall be paid to or collected by the Town for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the Town.

Section 2. Upon the effective date of this resolution, Resolution X-2022 is hereby replaced, it being the intent of the Town Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter.

Section 3. Adjustment to Town Attorney fees are adjusted based on a recent market survey.

Section 4. The fees adopted by this resolution shall become effective on August 11, 2022. PASSED AND ADOPTED this10th day of August, 2022.

By: ______________________________
Craig Hughes, Mayor
ATTEST:
_______________________
Melissa Thurman, Town Clerk

TOWN OF PORTOLA VALLEY
Proposed Update to
Fee Schedule
For Town Council Review
August 10, 2022

2 Town of Portola Valley
Fee Schedule

TABLE OF CONTENTS
ADMINISTRATIVE FEES & PERMITS.......................................... 3 PLANNING FEES & PERMITS.................................................... 7 BUILDING FEES & PERMITS................................................... 10 PUBLIC WORKS ENGINEERING & PERMIT FEES...................... 20

3 Administrative Fees & Permits
Activity Current Fee Proposed
Fee
Banner/Sign Fee $31 $32
Business License
a) Fixed place of business within Portola
Valley $121 $127
i) Employee Fee 30+ hours week $24 $24 each/per year
ii) Employee Fee 15-30 hours week $12 $12
b) Not Fixed place of business
i) General Contractor (3 or more
subcontractors) $483 $508
ii) General Contractor (less than 3
subcontractors) $121 $127
iii) Subcontractor $121 $127
iv) General License/Home Occupation $121 $127
Classes
a) Town registration fees 20% 20% of fees received
b) Insurance (if supplied by the Town)
i) Non-Sports Instruction Current
carrier rate
Current
carrier rate
ii) Sports Instruction Current
carrier rate
Current
carrier rate
Copying Fees
a) Compact Disc (CD)/Flash Drive Copying $12 $13 per CD b) Paper Documents $0.30 $0.32 per copy
Electric Vehicle Charging Station
a) First hour Free Free
b) Each additional hour (at cost, not to
exceed) $12 $13 per hour

4 Facility Rental Fees/Deposits
a) Community Hall
i) Resident Only Fee $2,576 $2,576 per day
ii) Deposit $1,000 $1,000
b) Community Hall – Memorial Service
i) Current/Past Resident Only $1,056 $1,056 per day
ii) Deposit $500 $500
c) Community Hall – Local Non-profit
within Town limits
i) No Fundraiser No charge No charge
ii) No Fundraiser – Deposit $1,000 $1,000
iii) Fundraiser $948 $948
iv) Fundraiser – Deposit $1,000 $1,000
d) Alder or Buckeye Room minimum rental
= 2 hours meetings; 4 hours parties
i) Resident Fee $103 $103 per hour
ii) Deposit $250 $250
e) Kitchen (must rent with room)
i) Rented with Community Hall No charge No charge
ii) Rented with Alder or Buckeye Room --
Resident $103 $103 per event
iii) Deposit $100 $100
f) Redwood Grove (Weddings only)
i) Resident Fee $160 $160 per event
ii) Deposit $100 $100
g) Staff Time/Consultation for Rentals
i) First hour Free Free
ii) Each additional hour (fully burdened
staff hourly rate) N/A $60 per hour

5 Horse Permit
a) New $60 $63 per horse/year
b) Renewal – Residential $18 $19 per horse/year
c) Renewal – Commercial $24 $25 per horse/year
d) Inspection Per hour as
billed
Per hour as
billed
Sport User Fees
a) Town Fields
i) Town Sponsored; Schools (Town
Council; Town Committees; PV School
District; Woodside Priory)
$0 $0 no fees/no
deposit
ii) Local Organized Youth Leagues
(Alpine/West Menlo Little League; AYSO;
Kidz Love Soccer)
$41 $41 per
person/season
iii) Local Organized Youth Clubs (Alpine
Strikers; CYSO) $62 $62 per person/season
iv) Local Organized Adult Leagues (PV
Adult Soccer League; PV Softball) $62 $62 per person/season v) Local Organized Adult Clubs (PV
Soccer Club) $93 $93 per person/season
vi) Deposit for ii. through v. above $500 $500
b) Private Parties, Picnics, Pick-up Games
i) Local Informal Groups $3 $3 per person/use
ii) Deposit - 50 or fewer $100 $100
iii) Deposit - greater than 50 $500 $500
c) Commercial Use (clinics and classes) 15% 15% of gross revenue i) Deposit $500 $500
Special Events Permit
a) Litter Deposit $119 $121

6 Credit Card Fees
Fees paid by credit card or other payment platform may be subject to third party transaction or other fees.

The Town is adding options that allow users to make payments by credit card and other convenient payment platforms. People who elect to use these types of payment options will be responsible for paying any transaction fees or similar expenses incurred by the Town in connection with such payment.

7 Planning Fees & Permits
Activity Current
Deposit
Proposed
Deposit
Current
Fee
Proposed
Fee
Pre-Application Meeting $600 $1,000 $730 $768
Architectural Review
a) New Residence $4,000 $6,000 $1,406 $1,479
b) Guest House/Addition $2,500 $5,000 $833 $876
c) Amendment $2,500 $3,500 $422 $444
Site Development Permit
a) 51-100 Cubic Yards $2,000 $3,000 $1,321 $1,390
b) 101-1,000 Cubic Yards $2,000 $4,000 $2,818 $2,964
c) Greater than 1,000 Cubic Yards $2,500 $5,000 $3,572 $3,758 Conditional Use Permit
a) Standard $6,000 $9,000 $5,008 $5,269
b) Planned Unit Development $6,000 $6,000 $7,518 $7,909 c) Amendment $6,000 $6,000 $2,510 $2,641
d) Cannabis $6,000 $6,000 $828 $872
Variance $4,000 $8,000 $2,963 $3,117
Lot Line Adjustment $4,000 $8,000 $2,027 $2,133
Geology Review
a) Building Permit none none $314 $330
b) Map Modification $2,500 $3,500 $1,255 $1,320
c) Deviation $2,500 $6,000 $1,098 $1,155
Subdivision Preliminary Map $6,000 $6,000 $3,850 $4,050 Subdivision - Tentative Map $6,000 $8,000 $5,871 $6,176 Subdivision - Final Map $2,500 $3,500 $1,677 $1,765
Map Time Extension $1,000 $1,000 $471 $495

8 Tentative Map Amendment $2,500 $3,500 $941 $990
Final Map Revision $6,000 $6,000 $941 $990
Certificate of Compliance $4,000 $4,000 $1,949 $2,050
Environmental - Initial Assessment $6,000 $10,000 $422 $444 Environmental - Negative Declaration $12,500 $25,000 $1,255 $1,320 General Plan Amendment $6,000 $10,000 $4,176 $4,393
Zoning Ordinance Amendment $6,000 $10,000 $2,088 $2,196 Fence Permit
a) Horse Fence none $1,200 $133 $140
b) All Other Fences none $1,200 $284 $298
Tree Removal Permit none none $84 $89
Residential Data Report none none $133 $140
Allowed Floor Area Calculation none none $133 $140
Temporary Occupancy Permit $10,000 $10,000 $1,557 $1,638 Appeal $2,500 $7,500 $6,487 $6,824
Photovoltaic System none none $60 $63
Temporary Gas or Electrical $500 $500
Additional Plan Review or Revision Per hour
as billed
Per hour
as billed
Planning Fee none none $142 $149
Zoning Permit/Fee
a) Permit $1,000 $1,200 $380 $400

9 Projects/Services Not Listed on Fee Schedule
For services requested of Town Staff for which no fee is listed in this Master Fee Schedule, or for projects of size and complexity not typically encountered by the Town, the Town Manager or his/her designee shall determine the appropriate deposit and fee based on the hourly rates for staff time involved in the service or activity.

Planning Entitlements
In addition to the fixed administrative fees, planners’ time and Town attorney’s time spent on processing planning entitlements shall be billed at an hourly rate of $221 and $325 $375, respectively, and withdrawn from a deposit account held by the Town. In connection with a planning application, Applicant shall post an initial deposit amount as listed in this municipal fee schedule. When the account is depleted Applicant shall replenish the account in an amount reasonably determined by the Town. Planning project applications shall be subject to a Cost Recovery Reimbursement agreement in a form approved by the Town Attorney.

10 Building Fees & Permits
Activity Deposit Current Fee Proposed Fee
Construction & Demolition Recycling $50/estimated ton of construction and/or
demolition debris
and one-half percent
of total project
valuation for new
construction
projects, but not less
than $1,000
a) Demo Debris $223 $235
b) Construction Debris $223 $235
c) Demo & Construction Debris $447 $470
Commercial
Commercial without Interior Improvements
a) Less than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection
Deposit based
on valuation Per hour as billed Per hour as billed
b) Greater than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection
Deposit based
on valuation Per hour as billed Per hour as billed
Commercial with Interior Improvements
a) Less than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection
Deposit based
on valuation Per hour as billed Per hour as billed
b) Greater than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection
Deposit based
on valuation Per hour as billed Per hour as billed

11 Commercial Tenant Improvements
a) Less than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed
Per hour as
billed
ii) Inspection none $1,062 $1,117
b) Greater than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,822 $1,917
NOTE: An initial deposit would be assessed
based on valuation. If the deposit is
insufficient to fully cover cost of services, an
additional amount would be collected.

Commercial Repair
a) Less than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $603 $635
b) Greater than 1,000 square feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,219 $1,282
Commercial Barn/Stable
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,219 $1,282
Residential
Custom Residence Without Basement
a) 5,000 square Feet or Less
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $3,801 $3,999

12 b) Greater than 5,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $4,556 $4,793
Custom Residence With Basement
a) 5,000 square Feet or Less
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $5,316 $5,592
b) Greater than 5,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $5,316 $5,592
Addition
a) 500 Square Feet or Less
i) Plan Check none $459 $482
ii) Inspection none $1,521 $1,600
b) 501-1,000 Square Feet
i) Plan Check none $905 $952
ii) Inspection none $2,124 $2,234
c) Greater than 1,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $2,702 $2,739
Accessory Dwelling Unit (ADU)
i) Plan Check none $1,219 $1,282
ii) Inspection none $2,124 $2,234
b) Accessory Building (e.g. Cabana)
i) Plan Check none $905 $952
ii) Inspection none $1,062 $1,117
Detached Unit (Other)

13 a) Garage/Workshop - 1,000 Square Feet or Less
i) Plan Check none $905 $952
ii) Inspection none $1,062 $1,117
b) Carport
i) Plan Check none $603 $635
ii) Inspection none $760 $800
Detached Unit (Other) -- Cont.
c) Barn/Stable
i) Plan Check none $905 $952
ii) Inspection none $760 $800
Bathroom Remodel
a) Bathroom with Structural
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection $1,219 $1,282
b) Bathroom without Structural
i) Plan Check none $157 $165
ii) Inspection none $905 $952
Kitchen Remodel
a) Kitchen with Structural
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection $1,219 $1,282
b) Kitchen without Structural
i) Plan Check none $157 $165
ii) Inspection none $905 $952
Minor Repair (e.g. Deck)
a) Without Plan Check
i) Inspection none $302 $317
b) With Plan Check
i) Plan Check none $157 $165
ii) Inspection none $459 $482

14 Remodel with Structural
a) 0-500 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,219 $1,282
b) 501-1,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,521 $1,542
c) 1001-1,500 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $1,822 $1,917
d) 1,501-2,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $2,426 $2,552
e) 2,001 - 3,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $2,739 $2,882
f) 3,001-4,000 Square Feet
i) Plan Check
Deposit based
on valuation Per hour as billed Per hour as billed
ii) Inspection none $3,041 $3,199
Remodel without Structural
a) 0-500 Square Feet
i) Plan Check none $302 $317
ii) Inspection none $905 $952
b) 501-1,000 Square Feet
i) Plan Check none $603 $635

15 ii) Inspection none $1,219 $1,282
c) 1001-1,500 Square Feet
i) Plan Check none $905 $952
ii) Inspection none $1,521 $1,600
d) 1,501-2,000 Square Feet
i) Plan Check none $1,062 $1,117
ii) Inspection none $1,822 $1,917
e) 2,001-3,000 Square Feet
i) Plan Check none $1,219 $1,282
ii) Inspection none $2,124 $2,234
f) 3,001-4,000 Square Feet
i) Plan Check none $1,364 $1,435
ii) Inspection none $2,426 $2,552
Mobile Home Installation
a) With Foundation
i) Plan Check none $459 $482
ii) Inspection none $459 $482
b) Without Foundation
i) Plan Check none $157 $165
ii) Inspection none $302 $317
Foundation Repair
a) 35 Linear Feet or Less
i) Plan Check none $302 $317
ii) Inspection none $459 $482
b) Greater Than 35 Linear Feet
i) Plan Check none $603 $635
ii) Inspection none $760 $800
Stucco/Siding
a) 500 Square Feet or Less

16 i) Plan Check none $157 $165
ii) Inspection none $302 $317
b) 501-1,000 Square Feet
i) Plan Check none $157 $165
ii) Inspection none $459 $482
c) Greater than 1,000 Square Feet
i) Plan Check none $302 $317
ii) Inspection none $603 $635
Re-Roofing
a) 1,000 Square Feet or Less
i) Plan Check none $109 $114
ii) Inspection none $459 $482
b) 1,001-3,000 Square Feet
i) Plan Check none $109 $114
ii) Inspection none $459 $482
Re-Roofing (cont.)
c) Greater than 3,000 Square Feet
i) Plan Check none $109 $114
ii) Inspection none $760 $800
Doors and Windows
a) Five or Less
i) Plan Check none $157 $165
ii) Inspection none $302 $317
b) More than Five
i) Plan Check none $157 $165
ii) Inspection none $459 $482
Swimming Pool (In Ground)
i) Plan Check none $905 $952
ii) Inspection none $760 $800
Spa
a) In Ground

17 i) Plan Check none $459 $482
ii) Inspection none $603 $635
b) Above Ground (Prefabricated)
i) Plan Check none $302 $317
ii) Inspection none $332 $349
Demolition
i) Plan Check none $54 $57
ii) Inspection none $302 $317
Retaining Wall
a) Four Feet High or Less
i) Plan Check none $109 $114
ii) Inspection none $459 $482
b) Greater than Four Feet High
i) Plan Check none $223 $235
ii) Inspection none $760 $800
Permit Application Fee (applies to all building permits) a) For Initial Permit none $77 $81
b) For Each Additional Permit none $35 $37

ELECTRICAL, MECHANICAL AND PLUMBING PERMITS
(ASSOCIATED WITH NEW CONSTRUCTION PERMITS)
Plumbing (per s.f) none $0.54 $0.57
Mechanical (per s.f) none $0.48 $0.51
Electrical (per s.f) none $0.54 $0.57

ELECTRICAL, MECHANICAL AND PLUMBING PERMITS
(STAND-ALONE)
Permit Application Fee (stand-alone projects)
a) For Initial Permit none $30 $32
b) For Each Additional Permit none $30 $32
Water Heater Permit Fee none $48 $51

18 PER UNIT FEES -- ELECTRICAL
Temporary Power Pole none $109 $114
Electrical Service
a) 100-400 Amps none $223 $235
b) Greater than 400 Amps none $332 $349
Subpanel/EV Charger none $54 $57
Electrical Associated with a Pool/Spa none $223 $235
Generator none $223 $235

PER UNIT FEES -- MECHANICAL
Furnace none $54 $57
Condensor (Evaporative Cooler) none $54 $57
Boiler none $54 $57
Exhaust Hood (Fan)
(Commercial or Heat Recovery Ventilator) none $109 $114

PER UNIT FEES -- PLUMBING
Water Service none $109 $114
Backflow Device none $54 $57
Water Piping none $109 $114
Sewer Line none $109 $114
Drain-Waste Vent (1-5 Fixtures) none $109 $114
Gas Piping (1-5 Outlets) none $109 $114
Earthquake Shut-off Valve none $54 $57

19 Pool/Spa Plumbing none $223 $235
Additional Plan Check or Inspection none
Per hour as
billed
Per hour as
billed
Strong Motion Instrumentation & Seismic Hazard Mapping Fee a) Residential Per State Per State
i) Valuation over $3,850
none
.00013 x
valuation
.00013 x
valuation
ii) Valuation under $3,850 none $0.50 $0.50
b) Commercial Per State Per State
i) Valuation over $1,786
none
.00028 x
valuation
.00028 x
valuation
ii) Valuation under $1,786 none $0.50 $0.50
California Building Standards Commission
Fee Per State Per State
a) Every $25,000 or fraction thereof
none
$1 per $25,000
valuation
$1 per
$25,000
valuation
Projects/Services Not Listed on Fee Schedule
For services requested of Town Staff for which no fee is listed in this Master Fee Schedule, or for projects of size and complexity not typically encountered by the Town, the Town Manager or his/her designee shall determine the appropriate deposit and fee based on the hourly rates for staff time involved in the service or activity.

Planning Entitlements
In addition to the fixed administrative fees, planners’ time and Town attorney’s time spent on processing planning entitlements shall be billed at an hourly rate of $221 and $325 $375, respectively, and withdrawn from a deposit account held by the Town. In connection with a planning application, Applicant shall post an initial deposit amount as listed in this municipal fee schedule. When the account is depleted Applicant shall replenish the account in an amount reasonably determined by the Town. Planning project applications shall be subject to a Cost Recovery Reimbursement agreement in a form approved by the Town Attorney.

20 Public Works/Engineering & Permit Fees
Activity Deposit Current Fee Proposed Fee
Driveway Connection to Street
a) Application none $284 $298
b) Plan Review none $91 $0
b) Plan Review
$95 - $1,000
initial deposit* $91 $0
c) Inspection
Town Staff
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Engineer
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Inspector
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Utilities
Regular Utility Maintenance Connect / Disconnect
a) Application $284 $298
b) Plan Review $91 $0
b) Plan Review
$500 - $1,000
initial deposit* $91 $0
c) Inspection
Town Staff
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Engineer
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Inspector
$500-$1,000
initial deposit*
Per hour as
billed
Per hour as
billed
Utility Main / Capital Project
a) Application $284 $299
b) Plan Review
$95-$2,500 initial
deposit*
Per hour as
billed
Per hour as
billed

21 c) Inspection
Town Staff
$500-$2,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Engineer
$500-$2,000
initial deposit*
Per hour as
billed
Per hour as
billed
Contract Inspector
$500-$2,000
initial deposit*
Per hour as
billed
Per hour as
billed
Other projects including without limitation:

Right-of-way, landscaping, fences, and investigations
a) Application none $284 $298
b) Plan Review none $91 $0
b) Plan Review
$95-$1000 initial
deposit* $91 $0
c) Inspection
Town Staff
$95-$1000 initial
deposit*
Per hour as
billed
Per hour as
billed
Contract Engineer
$95-$1000 initial
deposit*
Per hour as
billed
Per hour as
billed
Contract Inspector
$95-$1000 initial
deposit*
Per hour as
billed
Per hour as
billed
Additional Plan Review or Inspection
Town Staff
Actual cost Per hour as
billed
Contract Engineer
Per hour as
billed
Contract Inspector
Per hour as
billed
Clean Up or Repair to Town Property none Actual cost Actual cost Deposits
* Actual deposit amount will be determined by Town Staff on anticipated number of plan reviews / inspections required by staff/contract engineer/contract inspector and project timeline.

22 Projects/Services Not Listed on Fee Schedule
For services requested of Town Staff for which no fee is listed in this Master Fee Schedule, or for projects of size and complexity not typically encountered by the Town, the Town Manager or his/her designee shall determine the appropriate deposit and fee based on the hourly rates for staff time involved in the service or activity.

Hourly rates for Town staff shall be calculated based on the employee’s fully burdened cost which includes salary and all benefit costs; except the planning hourly rate shall $221 and the Town Attorney's hourly rate shall be $325$375.

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: August 10, 2022
RE: Draft Evacuation Study

RECOMMENDATION
Staff recommends that the Town Council:

1. Adopt the attached draft evacuation study1

2. Direct its inclusion in the ongoing Safety Element update and its incorporation into other Town hazard and disaster planning efforts

BACKGROUND
In September 2021, the Town Council approved a proposal from Fehr & Peers to conduct an evacuation study. The Council selected Fehr & Peers as they are nationally recognized transportation planning and engineering experts and are among the few such firms on the West Coast that had already begun other such evacuation study efforts2.

Over the last 10 months, the Fehr & Peers team (with its subcontractors) has regularly met with staff and two representatives of the Emergency Preparedness Committee (EPC) to develop and refine the plan. Additionally, a total of three presentations were made to the EPC and Wildfire Preparedness Committee (WPC) to provide updates on progress and hear from residents and committee members on their thoughts and concerns.

DISCUSSION
The study was designed to address three areas:
1 Note that the study will be amended with updated site inventory information from the draft Housing Element upon its submittal to the State for review.
2 Fehr & Peers has imitated another study for Marin County.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

• State statutory requirements to examine a community’s evacuation routes and capacity3
• Provide a baseline understanding of community evacuation times during three scenarios
• Offer both supply and demand side mitigation concepts for further review In addition to the participation of the EPC and WPC, the consultant team held three meetings with an interagency working group that included Town staff, the EPC subcommittee, the San Mateo County Sheriff’s Office and Department of Emergency Management, and Woodside Fire protection district.

Summary of Scenarios
Development of the scenarios for the study was premised on the desire to stress test the Town’s road network as a result of a wildfire.

The study’s three evacuation scenarios are premised on the following:
• 6:00 A.M. evacuation order
• All residents in affected area are at home and 100 percent evacuate • Affected area included Portola Valley, Los Trancos Woods/Vista Verde, Ladera, Farm Road, Old La Honda, and Old Alpine areas
• 1.9 trips per household (higher than other studies and recent fire evacuation statistics)
• 396 employees in Town (20% of total estimated employees in Portola Valley on any given day plus 108 employees from the Sequoias)
• 100 horse trailers trips (equivalent of 300 passenger car trips) • 85% of residents in the affected areas listed above are assumed to begin their trip within an hour of the evacuation order
While it is unlikely that all the above factors would be true in an actual event, it was useful to design a type of worst-case scenario to understand how long an evacuation may take.

The study’s three evacuation scenarios are not premised on the following:
• Contraflow traffic control, which is typically done where possible in such events • Impacts from school evacuations
The three scenarios are:

1. All routes are open

2. Alpine and Arastadero Roads are closed
3 AB 747, which requires identification of evacuation routes and capacity under emergency scenarios, and SB 99 which requires updated safety elements to include information identifying residential developments in hazard areas that do not have at least to emergency evacuation routes. Analyses required under these two bills overlaps with the Town’s Safety Element update.

3. Portola, Woodside, Whisky Hill and Sand Hill Roads are closed Each scenario includes an average evacuation time for each 15-minute interval since the call for the evacuation, and a 40% below baseline road capacity average evacuation time for each 15-minute interval to approximate altered driving behavior and smoke/fire impacts.

Study Time Results4
Scenario One
Under the first scenario, with all routes open, 90% of residents are expected to have evacuated by between 1 hour 15 minutes-1 hour 30 minutes, with 100% having evacuated by between 3 hours-3 hours 15 minutes.

Average evacuation times over each 15-minute interval range from 7.3 minutes for the last evacuees to 22.7 minutes for those evacuating between 30-45 minutes after the order.

Under the 40% below baseline road capacity calculation, average evacuation times over each 15-minute interval range from 7.7 minutes for the last evacuees to 43.3 minutes for those evacuating between 1 hour 30 minutes-1 hour 45 minutes after the order. The longest individual evacuation time for a resident living farthest from I-280 under the Scenario 1 study parameters would be about one hour under baseline road capacity conditions and 90 minutes under reduced capacity conditions.

Scenario Two
Under the second scenario, Alpine and Arastradero Roads are assumed closed. As a result of these closures, 90% of residents are expected to have evacuated by between 2 hours 45 minutes and 3 hours 45 minutes, with 100% having evacuated by between 3 hours 30 minutes and 4 hours 45 minutes.

Average evacuation times over each 15-minute interval range from 17.1 minutes for those who left within 15 minutes of the evacuation order to 78.6 minutes for those evacuating between 30-45 minutes after the order.

Under the 40% below baseline road capacity calculation, average evacuation times over each 15-minute interval range from 23 minutes for those who left within 15 minutes of the evacuation order to 134.3 minutes for those evacuating between 1 hour 30 minutes and 1 hour 45 minutes after the order. The longest individual evacuation time for a resident living farthest from I-280 under the Scenario 2 study parameters would be about three hours under baseline road capacity conditions and four hours under reduced capacity conditions.

Scenario Three
Under the third scenario, Portola Road, Sand Hill Road, and roads into Woodside are assumed closed. As a result of these closures, 90% of residents are expected to have 4 All results listed in this staff report refer to the average evacuation time as baseline road capacity; the 40% below baseline road capacity was calculated for the 15 minutes interval analysis.

evacuated by between 2 hours and 2 hours 45 minutes, with 100% having evacuated by between 3 hours 15 minutes and 3 hours 30 minutes.

Average evacuation times over each 15-minute interval range from 7.3 minutes for the last evacuees to 60.1 minutes for those evacuating between 45 minutes and 1 hour after the order.

Under the 40% below baseline road capacity calculation, average evacuation times over each 15-minute interval range from 8.3 minutes for the last evacuees to 84 minutes for those evacuating between 30-45 minutes after the order. The longest individual evacuation time for a resident living farthest from I-280 under the Scenario 3 study parameters would be about two hours and 15 minutes under baseline road capacity conditions and three hours under reduced capacity conditions.

Tables associated with the average evacuation times for the three scenarios may be found on pages 23-31 of the draft study (or pages 33-41 of the full pdf).

Strategies to Reduce Evacuation Time Estimates
Supply-Side Strategies
The study includes the following supply-side strategies for further consideration:
• Alpine Road Shoulder Evacuation Lane – such a lane could be constructed between the eastern side of the Westridge/Alpine Road intersection through Ladera. Such a project would potentially require realignment of portions of Alpine Road, redesign of the Alpine Road Trail in certain locations, and cooperation with the County of San Mateo and privately held lands in unincorporated Ladera. • Exploration of opportunities for routes on Stanford University-owned lands to the north of Portola Valley
Provide supplemental Evacuation management for Constrained Parcels Area 6 such as providing early evacuation warning notices when other surrounding areas receive warnings or orders. Constrained Parcel Area 6 is primarily located in Zonehaven Zone PVEOO1. Provisions for early evacuation warning notices could also be considered for areas that have the longest evacuation trips such as Zonehaven Zones PV-E007 (Upper Los Trancos) and PV-E012 (Upper Alpine).

Demand-Side Strategies
The study includes the following demand-side strategies for further consideration:
• Use of wildfire early detection systems
• Development of clear evacuation wayfinding, signs, and barriers to direct evacuation traffic.
• Improvements to communication systems to provide for “hardening” during wildfires.

• Targeted communication systems and early/mandatory evacuation notice during all events for Constrained Parcel Groups (Zonehaven Portola Valley Zones 1, 7, and 12).
• Installation of vehicle monitoring devices and variable message signs both to monitor evacuation progress and to provide notification to motorists along the road of any changes in evacuation routes or plans due to a change in the wildfire or incidents.

Next Steps
The study concludes with potential next steps. Those include:
• Further evacuation planning efforts, including a unified evacuation plan that includes efforts by the Town’s partner institutions such as public and private schools, the Sequoias, and businesses of note5
• Continued vegetation management along the Town’s evacuation corridors and emergency routes and infrastructure (this effort began in 2019) • Local road accessibility improvements
• Supplemental traffic assessments
• Education campaign
Council Direction
Staff recommends that the Town Council:
• Review the Draft Traffic Evacuation Capacity Study for adoption • Direct staff to include the Traffic Evacuation Capacity Study in the Town’s other safety/hazard efforts, including the Safety Element update

ATTACHMENT

1. Draft Traffic Evacuation Capacity Study
5 Starting in April 2022, the Town requested that the San Mateo County Department of Emergency Planning lead an effort to advise and coordinate the evacuation planning efforts of Town partner instructions with the Town’s evacuation planning efforts. These meetings will continue into the fall.

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
DATE: August 10, 2022
RE: Council Subcommittee to Negotiate Sheriff’s Contract

RECOMMENDATION
Staff recommends that the Town Council select a Council subcommittee of two members to negotiate the upcoming Sheriff’s contract

BACKGROUND
Since incorporation in 1964, the Town has utilized the San Mateo County Sheriff’s Office for police services. The current five year contract is set to expire at the end of June 2023.

DISCUSSION
As with the last update to the contract, two councilmembers were selected to lead the negotiations with the Sheriff’s Office. Staff recommends that the Town Council select a subcommittee for the upcoming negotiations.

On October 12, the Town Council will hold a study session to receive input from the public on services in the upcoming contract.

FISCAL IMPACT
None

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Brandi de Garmeaux, Assistant to the Town Manager Ron La France, Consulting Building Official
DATE: August 10, 2022
RE: Green Building Ordinance Study Session

RECOMMENDATION
Staff recommends that the Town Council review the updates to the Green Building Ordinance and provide feedback and guidance on additional items for consideration in advance of an October Public Hearing for adoption of an amended ordinance.

BACKGROUND
At the May 11, 2022 Town Council Meeting, staff gave an update on the status of the Green Building Ordinance as related to the tri-annual Building Code adoption and needed updates to other Town Ordinances. Staff reviewed the following background and discussion items as detailed in the attached presentation (Attachment 3) and received guidance from the Council on the following:
• Confirmed Council direction on specific updates to the Ordinance • Discussed impediments of continued reliance on Build It Green GreenPoint Rated (BIG GPR) System
• Discussed recommended updates to Ordinance without BIG GPR System • Reviewed additional Ordinance updates and areas for further study Staff recommended at the May 11th meeting that the Town move forward with a Green Building Ordinance that no longer relied on the BIG GPR System. This recommendation was based on two main factors:

1. The biggest impediment to a timely update of the Town’s Green Building Ordinance with the tri-annual code cycle is reliance on the BIG GPR System. With every code cycle, BIG had to evaluate and update their checklist against the new code and then staff had to evaluate these changes against the point thresholds in the Ordinance.

2. In conjunction with the additional requirements in the Town’s Ordinance, the State’s Green Building Code – CALGreen - has elevated to a level that renders the

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY

Green Building Ordinance Study Session Page 2
August 10, 2022
measures in the BIG GPR system redundant and unnecessarily onerous for applicants and staff to implement.

Initially, staff had recommended to the Council that adding CALGreen Tier 1 or Tier 2 measures would maintain the integrity of the Ordinance; however, in review of the CALGreen code, staff concluded that with the Council’s desire to move to all electric builds and the Town’s additional requirements for electric vehicle, solar, solar thermal and greywater readiness, the Town could achieve the equivalent benefit using the State’s CALGreen mandatory code with third-party verification. Below is a review and discussion of the major updates to the Ordinance as well as next steps.

DISCUSSION
Staff is returning to the Council to review the updates to the Green Building Ordinance based on the direction given at the May 11th Council meeting (outlined below). Staff will discuss these updates with the Council in a Study Session at their August 10, 2022, meeting. The following is meant to prepare the Council in advance of that meeting.

Direction from Council at May 11, 2022 Meeting:
• Confirmed all-electric build with no exceptions for new residential and multi-family construction
• Confirmed all-electric build for new commercial construction unless receive an exception from the building official for certain cooking needs • Confirmed all-electric build for new public agency construction with potential exceptions as needed for emergency services
• Confirmed new construction should be EV Ready so a charging station can simply be plugged in
• Confirmed for ADUs that require parking, parking should be EV Ready if convenient, at the discretion of the building official
• Confirmed require pre-wire for battery backup
• Concurred with discontinuing reliance on BIG GPR System • Confirmed extend third-party verification for CALGreen measures to all building types
The specific changes to the Ordinance are outlined in Attachment 1. In addition to addressing the above direction from the Council, note that staff attempted to make the Ordinance more consistent with other Town Ordinances as well as more evergreen by removing specific references to State Building Code sections. Furthermore, with the building officials experience and guidance, staff is presenting the Council with opportunities to prepare existing buildings for future electrification when it is most cost effective. This opportunity is explained in detail below.

Opportunity for Future Electrification during Additions, Remodels and/or Repairs The electrification requirements for in the Ordinance are intended to start the conversion process for existing residential multi-fuel buildings to all electric buildings by requiring new buildings to be all electric and the installation of the electrical infrastructure needed to allow for the future conversion in existing buildings. The Ordinance also establishes a definition

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August 10, 2022
of “New Building” by using the definition of a “New Building” from the current Home Hardening Ordinance that establishes a threshold based on the amount of floor, wall or floor and wall area disturbed by the project scope.

The Ordinance requires additional scope of work to residential construction projects that do not meet the definition of “New Building,” (i.e., additions, remodels, etc.) however, it is intended to prepare existing multi-fuel buildings for electrification while avoiding adding significant cost to the project due to the contractor being hired specifically to work on the building’s electrical systems. The requirements are triggered by a Building permit with a scope of work that includes the replacement/upgrade to a main electric panel and/or the installation of a new or replacement of an existing air conditioning condensing unit.

Depending on the scope of work, this ordinance requires:
• The reservation of breaker space in the panel to accommodate anticipated future electrification of single and multifamily buildings’ electrical load; • Wiring to a current water heater location to allow for the installation of a heat pump water heater in an emergency repair situation for single-family buildings; • Wiring to current water heater location in multi-family buildings that have all of the water heaters serving individual units installed in the same location or in buildings with a centralized building water heater; and
• Installation of a reverse cycle air conditioning condensing (heat pump) unit to be installed instead of a traditional air conditioning condensing unit.

The reservation of breaker space and electrical capacity to accommodate the additional electrical loads associated with Heat Pump water and space heating, a 120-volt, electric vehicle charging, electric stove, ovens and clothes dryers can potentially necessitate the upsizing of the panel size however this is solely an equipment and wiring cost and should not adversely affect the overall labor cost.

The requirement to add wiring to the current gas-fired hot water heater does add both labor and material cost. However, by having the wiring installed allows for a property owner to replace the existing gas-fired water heater at the end of its life cycle with a Heat Pump water heater without experiencing any additional time without hot water than would normally be experienced. The requirements do not include wiring for the Heat Pump space heating equipment due to uncertainty about the desired location for the Heat Pump space heating equipment.

Additional Items for Discussion with Council
In addition to the opportunity outlined above, staff will discuss the following with the Council at the Study Session:
• Get clarification on direction for EV Ready for non-residential and ADUs • Discuss pros/cons of battery backup pre-wiring requirement with building official

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Once further guidance is received from the Council, staff will integrate any changes and or updates to the Ordinance. Staff will also work with the Town Attorney to determine the current process for applying for approval from the California Energy Commission, including any needed cost-effectiveness studies. In addition, staff will work with the Town Attorney and Planning Director to update the Administrative Procedures section to be consistent with current practices and other Town Ordinances. Staff will then return to the Council in October to hold a Public Hearing to review the final, red-lined version of the Ordinance.

ATTACHMENTS

1. Outline of Green Building Ordinance Changes

2. Red-lined Ordinance

3. May 11, 2022 Update on Green Building Ordinance Presentation - https://www.portolavalley.net/home/showdocument?id=16112&t=6378794492125 95665

4. October 28, 2022 Update on Green Building Ordinance Staff Report - https://www.portolavalley.net/home/showpublisheddocument/14011/6373905241 92000000

ATTACHMENT 1
Outline of Green Building Ordinance Changes
Changes to Section 15.10.030 Definitions:

1. Modified the definition of “Addition” to “as defined in the California Building and Residential Codes in effect at the time of Building permit application.” Addition is a codified term in the codes and the code definition is used for the Home Hardening ordinance.

2. Added “All-Electric Build” definition.

3. Deleted all definitions related to the Build It Green point system.

4. Changed the definition to “New residential Construction” to Include the 50% rule language” per Planning Director’s instruction to be consistent with the Home Hardening Ordinance.

5. Changed definition of “Remodel” to, “an alteration as defined in the California Building and Residential Codes” to define the word for clarity purposes and consistency with the Home Hardening ordinance.

6. Changed definition of “Solar Zone” to “as defined in the California Energy Code.” Since it is a State codified term.

7. Deleted definition for “Whole House” project, the inclusion of the 50% rule will capture these projects.

Changes to Section 15.10.040 Standards for Compliance:

Section 15.10.040 Item 1, New Residential Buildings

1. Removed all references to GreenPoint Rated requirements.

2. Changed requirement to have CALGreen mandatory measures verified by a qualified third party.

3. Changed requirements to be all electric buildings.

4. Changed requirements from EV Ready Infrastructure to EV Ready Space as defined in Energy Code.

5. Changed language to remove references to amending the Energy Code.

6. Deleted basement floor area due to the existing ordinance requirements now mandatory in CalGreen.

7. Changed language to Solar Photovoltaic and Solar Thermal to remove reference to a specific section of the CA Energy Code regarding solar zone to read, “…the applicable section for the Mandatory Requirements for Solar Ready Building of the California Energy Code in effect at the time of Building permit application.”

8. Added an exception for ADU’s to only have to meet the requirements of the applicable section for the Mandatory requirements for Solar Ready Buildings of the California Energy Code in effect at the time of Building permit application per direction from Planning Director.

9. Changed language to the, Graywater “Ready” Infrastructure to Delete CA Plumbing Code Chapter reference (the chapter number had change) so the section just references, “…the CA Plumbing Code in effect at time of Building permit application.”

10. Moved the greywater requirements for ADU’s to item Graywater “Ready” section as an exception to item per direction from Planning Director.

11. Changed language to the Reduction of Potable Water Use on Turf to delete CA Plumbing Code Chapter reference (the chapter number had change) so the section just references, “…the CA Plumbing Code in effect at time of Building permit application.” Section 15.10.040 Item 2, residential construction additions, remodels and/or repairs:

1. Change requirements to Item 2A, Residential construction additions, remodel projects and/or repairs, to include accessory dwelling unit conversions.

2. Change requirements to Item 2A, Residential construction additions, remodel projects and/or repairs, to require ac condenser replacement must be a heat pump.

3. Changed requirements to Item 2B to require the replacement/upgrade to a buildings main electrical panel to make the building electrification ready.

4. Deleted Build It Green requirements as well as basement floor area per above.

5. Council to weigh in on new requirements.

Section 15.10.040, small residential additions or remodels

1. Deleted small residential additions or remodels as these are now covered by Item 2 or trigger the 50% rule.

Section 15.10.040, Accessory Dwelling units

1. Deleted Accessory Dwelling units per direction from Planning Director. The BIG points are no longer relevant and the provisions for ADU conversions have been moved to Item2 and the greywater requirements have been moved to Item 1.

Section 15.10.040, non-residential Projects

1. Added Municipal Buildings to clarify that Ordinance applies to Town projects.

2. Changed requirements to be all electric buildings with exception for commercial cooking and emergency services as determined by Building Official.

3. Council to weigh in on Electric Vehicle Requirements

1 ATTACHMENT 2
CHAPTER 15.10 - GREEN BUILDING
Sections:

15.10.010 Purpose

15.10.020 Applicability

15.10.030 Definitions

15.10.040 Standards for Compliance

15.10.050 Administrative Procedures and Implementing Regulations

15.10.060 Hardship or Infeasibility Exemption

15.10.070 Appeal

15.10.010 - Purpose.

The purpose of this chapter is to enhance the public health and welfare by promoting the environmental health of the town through the incorporation of green building practices in the design, construction, maintenance, operation and deconstruction of buildings and other site development. The green building provisions in this chapter are designed to achieve the following goals:
(a) Encourage the conservation of natural resources and reduction of greenhouse gas emissions;
(b) Increase energy efficiency and lower energy usage;
(c) Increase water efficiency and lower water usage;
(d) Reduce waste generated by construction projects;
(e) Provide durable buildings that are efficient and economical to own and operate; (f) Recognize and conserve the energy embodied in existing buildings;and (h) Promote the health of residents, workers, and visitors to the town.

15.10.020 - Applicability.

This chapter applies to all projects defined as "covered projects," as defined in Section

15.10.030, except that it shall not apply to any project for which a planning entitlement application (except preliminary architectural review applications) or building permit application has been submitted prior to the effective date of this chapter.

15.10.030 - Definitions.

For purposes of this chapter, the following terms are defined as follows:

2 (a) "Accessory Dwelling Unit" as defined in Chapter 18.04 of the Portola Valley Municipal Code.
(b) "Addition" as defined in the California Building and Residential Codes in effect at time of Building permit application. means new construction square footage added to an existing structure.
(b)(c) “All-Electric Build” is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances.

All Electric Buildings may include solar thermal pool heating. (c)(d) "Applicant" means anyone that applies to the town for the applicable permits or approvals to undertake any covered project within the town, or any subsequent owner of the site.
(d)(e) “Applied Water for Turf Calculator” is a tool that uses data and methodology from the California Department of Water Resources to estimate the irrigation water requirements for turf minus any water supplied by effective rainfall and effective ground water seepage. The calculator uses the evapotranspiration of applied water (ETaw) for cool-season and warm-season turf that was calculated based on a six-year period of climate data specific to a 4x4 km grid spacing within the town. (e) “Build It Green” is a non-profit membership organization whose mission is to promote healthy, energy- and resource-efficient building practices in California.

Build It Green created Green Building Guidelines that are a comprehensive resource of best practices for green building. The Build It Green Checklists are tools used to assess how environmentally friendly a proposed building project will be via the use of a point system.
(f) “CALGreen” is the California Green Building Standards Code. (g) "Compliance threshold" means the minimum number of points or rating level of a green building rating system that must be attained for a particular covered project, as outlined in the standards for compliance in Section 15.10.040. (h)(g) "Covered project" means any planning entitlement application(s) or building permit application(s) for new non-residential construction, or for any new residential construction, addition or remodel subject to the standards for compliance outlined in Section 15.10.040.
(i) “Elements” means a project where a portion of the home is undergoing a remodel or addition (e.g., a kitchen remodel or master bedroom addition). (j)(h) "Good faith effort" means a project that has not met the required compliance threshold, but for extenuating reasons or reasons beyond the control of the applicant, the planning director or his/her designee has found that the project meets the good faith effort provisions of Section 15.10.060. (k)(i) “Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes,

3 but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
(l)(j)"Green building" means a whole systems approach to the design, construction and operation of buildings that substantially mitigates the environmental, economic, and social impacts of buildings. Green building practices recognize the relationship between the natural and built environments and seek to minimize the use of energy, water and other natural resources and provide a healthy, productive indoor environment.
(m) "Green building project checklist" means a checklist or scorecard developed for the purpose of calculating a green building rating.
(n) "Green building rating system" means the rating system associated with specific green building criteria and used to determine compliance thresholds, as outlined in the standards for compliance in Section 15.10.040. Examples of rating systems include, but are not limited to, the GreenPoint Rated systems. (o) "GreenPoint Rated" means a residential green building rating system developed by the "Build It Green" organization.
(p) "GreenPoint Rated verification" means verification of compliance by a certified GreenPoint Rater, resulting in green building certification by Build It Green. (q)(k) "Multi-family residential" means a building containing three or more attached dwelling units.
(r)(l) "New non-residential construction" means the construction of a new or replacement retail, office, institutional, semi-institutional or similar building(s), or additions to such building(s).
(m) "New residential construction" means the construction of a new or replacement single-family or two-family dwelling unit or new or replacement multi-family residential building(s), or additions to such building(s). For the purposes of this chapter, additions, alterations and additions that include alterations to existing buildings for which building permit(s) have been issued within any 12-month period that collectively exceeds more than 50 percent of the existing floor area, 50 percent of the existing wall area or when the combination of the percentages of affected floor area and affected wall area exceeds 50 percent are treated as new buildings. In calculating these percentages, the following guidelines shall apply:
(1) Calculation of Percentage of Affected Floor Area (PFA): The floor area of any addition, all rooms affected by any addition, and the floor area of all rooms affected by structural changes made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, footings, piles or retaining walls or similar components, shall be included in computing the floor areas for applying this section. (2) Calculation of Percentage of Affected Wall Area (PWA): The calculated wall area affected shall include all interior and exterior walls where no studs are proposed to be remain or if some studs remain and/or if the surface of both

4 sides of the studs are proposed to be removed such that one can see through the wall.
(3) Calculation of Combination of Percentage of Affected Floor Area (PFA) and Wall Area (PWA): The combination of the percentage of affected floor as described above plus the percentage of wall area as described above (PFA + PWA > 50%).
(s)(n) "Qualified green building professional" means a person trained through Build It Green as a certified green building professional, or similar qualifications if acceptable to the planning director or his/her designee. For projects requiring selfcertification, the project architect or designer is considered a qualified green building professional.
(t)(o) “Rainwater catchment system” means the collected precipitation from rooftops and other above-ground impervious surfaces that is stored in catchment tanks for later use.
(u)(p) "Remodel" means alteration as defined in the California Building and Residential Codes in effect at time of Building permit application. any rehabilitation, repair, renovation, change, or modification to an existing building, where changes to floor area and the footprint of the building are negligible. (v) "Self verification" means verification by the project architect, designer or a qualified green building professional certifying that the project has met the standards and has attained the compliance threshold as indicated for the covered project type as set forth in the standards for compliance outlined in Section 15.10.040. (w)(q) "Single-family or two-family residential" means a single detached dwelling unit or two units in a single building or two separate buildings on a single parcel, such as a main residence and second unit.
(x)(r) “Solar zone” as defined in the California Energy Code. means an allocated space that is unshaded, un-penetrated, and free of obstructions. It serves as a suitable place that solar panels can be installed at a future date. (y)(s) "Square footage" means all new and replacement square footage, including basement areas (seven feet or greater in height) and garages, except that unconditioned garage space shall only count as fifty percent of that square footage. Areas demolished shall not be deducted from the total new construction square footage.
(z)(t) “Turf” means a ground cover surface of mowed grass. All of the following qualify as turf: annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and tall fescue (cool-season grasses). Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Agustine grass, Zoysia grass, and Buffalo (warm-season grasses).
(aa)“Whole House” project means the homeowner is completing a gut remodel and replacing all of the systems. A gut remodel incorporates stripping less than 90% of the walls to the studs (leaving the foundation framing and exterior finish), which

5 enables one to replace all systems and address the thermal envelope and insulate. If a home has removed significant framing and the exterior classing, leaving very little of the original home, it shall apply under the new residential construction.

15.10.040 - Standards for Compliance.

The standards for compliance are as follows:

1. New Residential Construction. All new residential construction as defined in section 15.10.30 shall comply with the following:

A. All new residential construction projects shall comply with all mandatory CALGreen measures. The mandatory measures shall be verified by a third party Qualified Green Building Professional approved by the Town for which the applicant will pay for the review.

B. All new residential construction shall be an all-electric build.

C. All new one- and two family dwellings and town-homes with attached private garages shall have an electric vehicle (EV) ready space, as defined in the California Green Building Standards Code (CALGreen) in effect at the time of Building permit application, supplied by a minimum 40-ampere 208/240 branch circuit.

1. New homes shall demonstrate GreenPoint Rated certification using certified professional raters. The number of Build It Green points required pursuant to this section shall be calculated in accordance with the GreenPoint Rated New Home Single Family checklist, with the exception that if California Building Code Title 24, Part 6 is updated after the effective date of this chapter to be more stringent, item J.5. in the GreenPoint Rated Single Family checklist shall not be included in calculating the number of points required until such time as the appropriate cost effectiveness study has been completed.

A. For projects up to and including·3,000 sf. A minimum threshold of 75 Build It Green points, with GreenPoint Rated certification prior to building permit sign-off/occupancy.

B. For projects over 3,000 sf. A minimum threshold of 75 Build It Green points with one additional point for each 50 sf over 3,000 sf, and with GreenPoint Rated certification prior to building permit sign-off/occupancy.

C. Basement floor area. Basement floor area must be included in the total floor area for point calculations.

6 D. Solar Photovoltaic and Solar Thermal “Ready” Infrastructure. Solar photovoltaic and solar thermal ready infrastructure shall meet the requirements of the applicable “Section section 110.10for the “Mandatory Requirements for Solar Ready Buildings” of the California Energy Code in effect at the time of Building permit application and the following requirements:is added as mandatory and amended to read:
(1) Solar zone. The solar zone shall be located on the roof or overhang of the building and have a total area of no less than 500 square feet. If the project applicant determines that the entire energy needs of the project can be met with a solar photovoltaic system that occupies less than 500 square feet, the project applicant can demonstrate this with the Title 24 Calculation and solar photovoltaic system plans.
(2) Interconnection pathways. New residential construction projects shall provide a pathway for conduit and plumbing to support the installation of future solar photovoltaic and solar thermal infrastructure. The pathway for conduit and plumbing shall be routed from the attic space (or equivalent) to the point of interconnection with the electrical service panel and the water-heating system.

Exception 1: Accessory Dwelling Units shall only be required to meet the requirements of the applicable section for the Mandatory Requirements for Solar Ready Buildings” of the California Energy Code in effect at the time of Building permit application.

D. Electric Vehicle “Ready” Infrastructure. “Section 4.106.4 Electric vehicle (EV) charging for new construction” of the California Green Building Standards Code is added as mandatory and amended with the additional requirements as outlined below.
(1) Service panel and/or subpanel shall provide, at minimum, capacity to install a 208/240v, 50 amperes grounded AC outlet and dedicated branch circuit.
(2) Raceway or wiring with capacity to accommodate a 100 ampere circuit; terminating in a listed cabinet box, enclosure, or NEMA receptacle. (3) The raceway shall be installed so that minimal removal of materials is necessary to complete the final installation.

E. Graywater “Ready” Infrastructure. Install graywater “ready” systems as outlined below. Additional plumbing piping is installed to permit the discharge from all clothes washers and all applicable fixtures from bathrooms located above grade to allow for future installation of a distributed irrigation system, either subsurface or treated. All graywater “ready” systems must be installed in compliance with Chapter 16 of the California Plumbing Code.

7 (1) Identify an appropriate location for possible future installation of a graywater treatment system, including storage tanks.
(2) Include either a separate multiple pipe outlet or a diverter valve and an outside “stub-out” installation on clothes washing machine hook-ups, to allow separate discharge of graywater direct for irrigation. (3) Include a building drain(s) for lavatories, showers, and bathtubs, segregated from drains for all other plumbing fixtures, connected to the black water pipe a minimum of three (3) feet from the building foundation. (4) Provide power supply for future graywater treatment system. (5) The graywater system shall be comprised of purple piping. The diverter valve on the clothes washing machine system shall be labeled as “LAUNDRY-TO-LANDSCAPE CAPABLE.”
Exception 1: Accessory dwelling units that include laundry connections shall only be required to include a diverter valve and an outside “stub-out” installation on the clothes washing machine hook-up, to allow separate discharge of graywater direct for irrigation. The diverter valve on the clothes washing machine system shall be labeled as “LAUNDRY-TO-LANDSCAPE CAPABLE.”
E.A. Reduction of Potable Water Use on Turf. For all projects with landscapes that include the use of turf, install rainwater catchment system. Irrigation needs of turf should be calculated using the Applied Water for Turf Calculator. All rainwater catchment systems must be installed in compliance with Chapter 17 of the California Plumbing Code in effect at the time of Building permit application.
(1) Rainwater Catchment System Size. The rainwater catchment system size shall be determined by using the Applied Water for Turf Calculator.

The rainwater catchment system will need to be sized in order to satisfy 50 percent of the estimated annual water demands for the first 500 square feet of turf installed on the project. The rainwater catchment system will need to be sized in order to satisfy 100 percent of the estimated annual water demands for installed turf that is greater than 500 square feet.
(2) Alternative. A fully installed graywater system connected to an irrigation system that can satisfy all of the annual water demands of turf as identified in the Applied Water for Turf Calculator can be used as an alternative to installing a rainwater catchment system.

2. Residential construction additions, and/or remodel projects, repairs and/or Accessory dwelling unit conversions 400 square feet or greater. All residential construction additions, remodel projects, repairs, and/or accessory dwelling

8 unit conversions that do not meet the definition of new residential construction that include the installation of a new or replacement, upgrade or relocation of an existing air conditioning condensing unit and/or the replacement/upgrade to the main electric panel shall comply with the following:The number of Build It Green points required pursuant to this section shall be calculated in accordance with the GreenPoint Rated Existing Home Single Family checklist.

A. The installation of a new or replacement, upgrade or relocation of an existing air conditioning condensing unit shall be replaced with a reverse cycle air conditioning condensing unit (heat pump).

B. The replacement/upgrade to the main electric panel shall have:
(1) The electrical capacity for and reservation of breaker space in the panel to accommodate the existing single-family electrical load and the future electrification of:
• An electric stove and oven if the current stove and/or oven are gas:
• An electric clothes dryer if the current clothes dryer is gas; • One level 2 electric vehicle charging equipment (EVCE); • Photovoltaic panels (PV); and
• For a 240-volt circuit capable of providing electricity to operate a HPWH of comparable size to the existing gas fired water heater but a minimum of 30 amps per water heater.
(2) All reserved breaker spaces shall be permanently marked as “For Future EVCE, PV and HPWH use”.
(3) A dedicated 240-volt branch circuit shall be installed within three (3) feet from the existing water heater location and shall be rated at 30 amps minimum. Both ends of the unused conductor shall be labeled with the word “spare”, be identified as 240 V ready.

Exception: Multifamily buildings as defined in section 15.10.030 where the water heaters are located in each dwelling unit.

A. For whole house projects. A minimum threshold of 50 Build It Green points, with GreenPoint Rated certification prior to building permit sign-off/occupancy.

B. For elements projects. A minimum threshold of 25 Build It Green points, with self-certification allowed.

C. Basement floor area. Basement floor area must be included in the total floor area for point calculations.

2. Small residential additions or remodels. For small residential addition or remodel projects, which are projects less than 400 square feet, completion of the Build It Green GreenPoint Rated Existing Home Single Family (Elements Label)

9 checklist shall be required as a working/learning document, but no minimum points are required and self-certification allowed.

3. Accessory Dwelling Units. The Town desires to encourage the production of accessory dwelling units and, therefore has identified a simplified process for green building requirements related to all accessory dwelling units. Specifically, although minimum points are required as set forth below, self-certification is allowed.

A. Detached. A minimum threshold of 75 Build It Green points in the GreenPoint Rated New Home Single Family checklist is required.
a. Solar Photovoltaic “Ready” Infrastructure. “Section 110.10 Mandatory Requirements for Solar Ready Buildings” of the California Energy Code is added and amended as follows: detached accessory dwelling units shall provide a pathway for conduit to support the installation of future solar photovoltaic infrastructure. The pathway for conduit and shall be routed from the attic space (or equivalent) to the point of interconnection with the electrical service panel.

B. Attached. A minimum threshold of 50 Build It Green points in the GreenPoint Rated Existing Home Single Family checklist (Whole House Label) is required.

C. Interior Conversions. An interior conversion occurs when the applicant seeks to convert existing square footage in an existing dwelling into an accessory dwelling unit. A minimum threshold of 25 Build It Green points in the GreenPoint Rated Existing Home Single Family checklist (Elements Label) is required.

D. Laundry facilities. If the structure includes laundry hook-ups, include a diverter valve and an outside “stub-out” installation on the clothes washing machine hook-up, to allow separate discharge of graywater direct for irrigation. The diverter valve on the clothes washing machine system shall be labeled as “LAUNDRY-TO-LANDSCAPE CAPABLE.”

3. Non-residential projects including Municipal Buildings. All new non-residential construction as defined in section 15.10.30 shall comply with the following:

A. All nNew, non-residential projects shall comply with all mandatory CALGreen measures. The mandatory measures shall be verified by a third party Qualified Green Building Professional approved by the Town for which the applicant will pay for the review.

A. All new non-residential projects shall be an All-Electric Build.

10 Exception 1: Building Official may grant exception for certain cooking needs or new public agency construction as needed for emergency services B. Electric Vehicle “Ready” Infrastructure. “Section 5.106.5.3 Electric vehicle (EV) charging for new construction” of the California Green Building Standards Code is added as mandatory and amended with the additional requirements as outlined below.
(1) Service panel and/or subpanel shall provide, at minimum, capacity to install a 208/240v, 50 amperes grounded AC outlet and dedicated branch circuit.
(2) Raceway or wiring with capacity to accommodate a 100 ampere circuit; terminating in a listed cabinet box, enclosure, or NEMA receptacle. (3) The raceway shall be installed so that minimal removal of materials is necessary to complete the final installation.

15.10.050 - Administrative Procedures and Implementing Regulations. (a) The planning director shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the requirements of this chapter. The rules and regulations shall provide, at a minimum, for the incorporation of green building requirements of this chapter into checklist submittals with planning entitlement and building permit applications, and supporting design, construction, or development documents to demonstrate compliance with this chapter.
(b) The procedures for compliance documentation shall include, but not be limited to, the following:
(1) Preliminary documentation. Applicants for a covered project are encouraged, but not required, to meet with the planning director or his/her designee, in advance of submittal of an application, to determine required green building thresholds for compliance and to review the proposed green building program and details to achieve compliance.
(2) Discretionary planning entitlements. Upon submittal of an application for any discretionary planning entitlement for any covered project, including, but not limited to, architectural review, site development permit, conditional use permit, or variance requests, application materials shall include the appropriate completed checklists, as required by the standards for compliance specified in Section

15.10.040, accompanied by a text description of the proposed green building program and expected measures and milestones for compliance. (3) Building plan check review. Upon submittal of an application for a building permit, building plans for any covered project shall include a checklist and green building program description, reflecting any changes proposed since the planning entitlement phase (if a planning entitlement was required). The checklist shall be incorporated onto a separate plan sheet included with the building plans. A

11 qualified green building professional shall provide evidence of adequate green building compliance or documentation to the planning director or his/her designee to satisfy the requirements of the standards for compliance outlined in Section

15.10.040, prior to issuance of a building permit.
(4) Final building inspection, verification, and occupancy. Prior to final building inspection and occupancy for any covered project, a qualified building professional shall provide evidence of adequate green building compliance or documentation to the director or his/her designee to satisfy the requirements of the standards for compliance outlined in Section 15.10.040. This information shall include, but is not limited to:
(i) Documentation that verifies incorporation of the design and construction related credits specified in the project approval for the covered project; (ii) A letter from the qualified green building professional that certifies that the covered project has been constructed in accordance with the approved green building project checklist;
(iii) Any additional documentation that would be required by the GreenPoint rated manuals for GreenPoint rated certification (if required); and (iv) Any additional information that the applicant believes is relevant to determining that a good faith effort has been made to comply with this chapter. (5) Final determination of compliance and good faith effort to comply. Prior to the scheduling of a final building inspection for a covered project, the planning director or his/her designee shall review the documentation submitted by the applicant, and determine whether the applicant has achieved the required compliance threshold as set forth in the standards for compliance outlined in Section

15.10.040 and/or demonstrate that measures are in place to assure compliance not later than one year after approval of final building inspection. If the planning director or his/her designee determines that the applicant has met the requirements of Section 15.10.040 for the project, the final building inspection may proceed, provided the covered project has received approval of all other inspections required by the chief building official. If the planning director or his/her designee determines that the required green building rating has not been achieved, the planning director or his/her designee shall find one of the following:
(i) Good faith effort to comply: When an applicant submits a request in writing to the planning director or his/her designee for approval of a good faith effort to comply, the planning director or his/her designee shall determine that the applicant has made a good faith effort to comply with this chapter when finding that either a) the cost for providing green building documentation or assuring compliance is disproportionate to the overall cost of the project, or b) the green building materials and technologies on the green building checklist are no longer available or not yet commercially available, or c) at least eighty percent of the required green point credits have been achieved, and measures are in place to assure full compliance not later than one year after approval of the final building inspection. Determination of a good faith effort to comply shall be made separately for each item on the green building project checklist.

12 Granting of a good faith effort to comply for one item does not preclude the need for the applicant to comply with the other items on the green building checklist.
(ii) Non-compliant project. If the planning director or his/her designee determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required within the required time period, then the project shall be determined to be non-compliant, and the final inspection and approval for the project shall be withheld. A final inspection shall not take place until the applicant has implemented equivalent alternate measures approved by the planning director or his/her. (6) Non-compliance. If, upon inspection, the building official or planning director determines that the covered project does not comply with the approved plans or green building checklist, a stop order shall be issued if the planning director or his/her designee determines that continuation of construction activities will jeopardize the project's ability to meet the required compliance threshold. The stop order shall remain in effect until project has been brought into compliance with the approved plans and/or checklist.
(c) The planning director or his/her designee shall have the responsibility to administer and monitor compliance with the green building requirements set forth in this chapter and with any rules and regulations promulgated.
(d) Compliance with the provisions of this chapter shall be listed as a condition of approval on any architectural and site control review or other discretionary permit approval, and on the building plans for building permit approval, for any covered project.

15.10.060- Hardship or Infeasibility Exemption.

If an applicant for a covered project believes that circumstances exist that make it a hardship or infeasible to meet the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.
(a) Application. Any request for an exemption must be included at the time of application submittal. The applicant shall indicate the maximum threshold of compliance he or she believes is feasible for the covered project and the circumstances that he or she believes create a hardship or make it infeasible to fully comply with this chapter.

Circumstances that constitute hardship or infeasibility include, but are not limited to, the following:
(1) There is conflict with the compatibility of the green building rating system with other town goals, such as those requiring historic preservation; (2) There is conflict with the compatibility of the green building rating system and the California Building Standards Code;
(3) There is conflict with the compatibility of the green building rating system and the town's zoning ordinance and/or architectural review criteria;

13 (4) The green building compliance standards do not include enough green building measures that are compatible with the scope of the covered project; and/or (5) There is a lack of commercially available green building materials and technologies to comply with the green building rating system. (b) Review by Architectural and Site Control Commission. For any covered project for which an exemption is requested and architectural and site control review is required, the Architectural and Site Control Commission shall provide a recommendation to the planning director or his/her designee regarding whether the exemption shall be granted, conditionally granted or denied, along with its recommendation on the project.

For any project for which an exemption is requested based on the historic character of the building or site, the town historian shall provide a recommendation to the planning director or his/her designee regarding whether the exemption shall be granted or denied and shall determine whether the project is consistent with the Secretary of the Interior's Standards for Historic Rehabilitation.
(c) Decision by Planning Director (or his/her designee). The planning director or his/her designee shall make a determination based on the information provided. The planning director or his/her designee shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the planning director or his/her designee shall be provided to the applicant in writing. (1) If the planning director or his/her designee determines that it is a hardship or is infeasible for the applicant to meet the requirements of this chapter, the request shall be granted. Notwithstanding, the applicant shall be required to comply with this chapter in all other respects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be reasonably achievable by planning director or his/her designee.
(2) If the planning director or his/her designee determines that it is reasonably possible for the applicant to fully meet the requirements of this chapter, the request shall be denied. The project and compliance documentation shall be modified to comply with this chapter prior to further review of any pending planning or building application.

15.10.070 - Appeal.
(a) Any aggrieved applicant may appeal the determination of the planning director or his/her designee regarding: (1) the granting or denial of an exemption pursuant to Section

15.10.070; or (2) compliance with any other provision of this chapter. (b) Any appeal must be filed in writing with the planning director or his/her designee not later than fourteen days after the date of the determination by the planning director or his/her designee. The appeal shall state the alleged error or reason for the appeal. (c) The appeal shall be processed and considered by the planning commission de novo in accordance with the criteria outlined in this chapter.

14 3. 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.

4. Effective Date; Posting. This ordinance is subject to review and approval by the California Energy Commission (CEC). This ordinance shall become effective immediately upon full CEC approval. This ordinance be posted within the Town in three public places.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:
_________________________ By: ________________________
Town Clerk Mayor

APPROVED AS TO FORM:
________________________
Town Attorney

TOWN COUNCIL WEEKLY DIGEST
Thursday – August 4, 2022

1. Memo on Text and Email Policy with Final Statement of Unconditional Commitment

2. August 2022 Town Calendar:
https://www.portolavalley.net/community/town-calendar

3. Sign up for Town E-Notices:
https://www.portolavalley.net/business/subscribe-to-town-enotices

4. Stay Connected with the Town’s Social Media Channels:
https://www.portolavalley.net/community/stay-informed/town-social-media

1 ____________________________________________________________ TO: All Town Commissions and Committees
CC: Jeremy Dennis, Town Manager
FROM: Cara Silver, Town Attorney
DATE: August 3, 2022
RE: New Policy Regarding Texting and Emailing During Public Meetings On August 1, 2022, the Town Council adopted the attached policy prohibiting private email or text communications among commission and committee members during public meetings. (See the August 1 Staff Report for further background on this policy.) This policy also prevents commission and committee members from privately communicating with a third-party consultant employed by the Town during a public meeting. This policy does not prevent commission and committee members from communicating with Town staff or the Town Attorney during public meetings. This policy is directed at communications relating to the business of the legislative body. Thus, this policy is not intended to prevent commission and committee members from texting one another to report an internet connection problem during a remote meeting or to request a restroom break.

Below are some common examples of both prohibited and permitted communications.

Prohibited Communications (during public meetings):
• Text asking fellow committee member a clarifying question about an agenda item • Text to a fellow committee member providing additional information on a pending agenda item
• Text to a fellow committee member forwarding a historic document relative to an item contained on the agenda, but not included in the agenda packet • Text from a committee member to the chair asking if a member of the public could be recognized even though public comment time has ended

'TOWN OF PORTOLA VALLEY
2 • Text from a committee chair asking an evacuation consultant who has made a presentation to the committee whether they can respond to a question raised by a member of the public
• Text from a committee chair to an evacuation consultant scheduled to make a presentation to the committee whether their schedule would be impacted if the committee re-arranged the agenda
• Email from chair to entire committee forwarding a power point slide deck for an agenda item
Permitted Communications (during public meeting)
• Text from a committee member asking the Town Manager to respond to a question from a member of the public
• Text from a committee member asking the Town Manager a clarifying or technical question regarding a matter on the agenda
• Text from a committee member to the Town Attorney asking whether a public member’s summary of a new State law is accurate
• Text from a committee member to the chair informing them that their internet connection is unstable and they plan to exit and rejoin the meeting • Text from a member of the public to the chair complaining about the disrespectful tone of one of the committee members (and responding text from chair) • Text from a member of the public to a committee member stating that Town staff’s summary of the resident comments received at a community meeting is inaccurate
• Text from a committee member to chair that the member must leave the remote meeting due to a family emergency
• Text from a committee member to chair requesting a restroom break This new policy does not apply to communications outside a public meeting. The Brown Act prohibits direct or serial communications outside a meeting amongst a quorum of commission and committee members. To avoid an inadvertent serial Brown Act violation, a practical tip is to select a single “Brown Act buddy” and only communicate with that person. Commission and committee member may have different Brown Act buddies for different topics.

3 For more information on the Brown Act, see Open & Public V: A Guide to the Ralph M.

Brown Act. The Town Attorney and Town Clerk are available to provide additional Brown Act training to your commission and committee.

For more background on this new policy, see August 1 Town Council Staff Report.

Attachment: Unconditional Commitment Letter

TOWN of PORTOLA VALLEY
Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 August 1, 2022
Lawrence A. Jacobson
Cohen and Jacobson LLP
Attorneys at Law
60 Bovet Road, Suite 285
San Mateo, CA 94402
Dear Mr. Jacobson:

The Town of Portola Valley, and its legislative body Wildfire Preparedness Committee (WPC), have received your “Cease and Desist” letter dated March 30, 2022, alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:

The WPC held a publicly noticed, video-recorded meeting on March 1, 2022, starting at approximately 4:30 pm and concluding at approximately 7:20 pm. A portion of the video time-stamped 2:26:00 through 2:26:50 of the March 1, 2022, meeting shows Town Council Liaison and Vice Mayor Sarah Wernikoff communicating via text message with Committee Member Jennifer Youstra, Committee Chairman Michael Tomars, and Town Manager Jeremy Dennis. The text communications, which were disclosed to the public during the meeting through a screenshare, include:

1. A message exchanged with Committee Member Youstra at 6:01 pm relating to Committee business;

2. A message exchanged with Committee Chairman Tomars at 6:14 pm allegedly relating to Committee business; and

3. A message exchanged with Town Manager Dennis at 6:25 pm relating to Committee business.

Representatives or agents of the Town Council alleged to be attending the meeting included (a) the Vice Mayor attending and participating in this meeting as a member of the Town Council and as the Liaison of and for the Town Council, (b) Jeremy Dennis attending and participating as Town Manager, and (c) Cara Silver attending as Town Attorney.

The Cease and Desist letter further asserts that based upon the conduct described above further alleged violations may similarly have been committed by the other legislative bodies of the Town. The Cease and Desist Letter also contains a Public Records Act request for records reflecting such other communications.

DocuSign Envelope ID: BAB44DB7-AF6D-4D57-9249-51460153091F

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Larry Jacobson
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bodies thereof (the “Legis
M. Brown Act, the Town of Portola Valley (the “Town”), for itself and all legislative In order to avoid unnecessary litigation and without admitting any violation of the Ralph lative Bodies” or, individually, a “Legislative Body”), hereby from the following:
unconditionally commits that members of all Legislative Bodies will cease and desist

1. Non-public texting or emailing, or engaging in any other non-public communications, between or among members and/or third-party consultants (not relating to business of the Legislative Body.
including legal counsel), during any meeting that is subject to the Brown Act

2. For the purposes of this letter, the prohibited texting, emailing and other forms of non-public communication shall mean and include all such communication are not open and s
communications constituting a meeting within the scope of the Brown Act which between or among members participating in a meeting collectively or by serial hared with the public.
on its posted agenda as “Rescission of Brown Act Commitmen majority vote of its membership taken in open session at a regular meeting and noticed The Town, for itself and all Legislative Bodies, may rescind this commitment only by a t.” You will be provided
rescinding this commitment at least 30 days before any such regular message, to whatever address or addresses you specify, of any intention to consider with written notice, sent by any means or media you provide in response to this meeting. In the
action pursuant to
event that this commitment is rescinded, you will have the right to commence legal subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be Mayor
Craig Hughes
________________________
Very truly yours,
mailed to an address that you have designated in writing.

DocuSign Envelope ID: BAB44DB7-AF6D-4D57-9249-51460153091F

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