Agenda packet — Portola Valley City Council, June 27, 2023

TOWN OF PORTOLA VALLEY
Special Meeting of the Town Council
Tuesday June 27, 2023
Closed Session 6:00 P.M.

Regular Session 7:00 P.M.

Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
VIRTUAL PARTICIPATION VIA ZOOM – PUBLIC COMMENT ONLY
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SPECIAL MEETING and CLOSED SESSION
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028 Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day before the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record.

Additionally, technology permitting, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on your phone to "raise your hand" and *6 to mute/unmute yourself. The meeting Chair will call on people to speak by the phone number calling in. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation.

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

1. CALL TO ORDER - CLOSED SESSION

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

3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: PublicSafety4PVNow, Inc., a Delaware corporation Govt. Code § 54956.9(d)(2): “[a] point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Special Meeting of the Town Council, Tuesday June 27, 2023

4. CALL TO ORDER - REGULAR SESSION

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

6. REPORT OUT OF CLOSED SESSION

7. CONSENT AGENDA
a. Approval of Minutes- 6.14.23
b. Approval of Warrant List –6.27.23
c. Approve Contract extension for engineering and plan check services with Nolte Associates, Inc, doing business as NV5, Inc.
d. Accept Colleagues Memo on Housing Element Post Adoption Plan Update e. Approve the Professional Services Agreement with Pinpoint Talent f. Approve reauthorization of the Town Treasurer as the Authority for Management of the Town’s Investment Programs
g. Appoint Bob Wrucke and Steve Ingebritsen to the Geologic Safety Committee and Maryann Berkowitz to the Parks and Recreation Committee h. Amend Charter of the Emergency Preparedness Committee

8. PUBLIC HEARING
a. Adoption of a Resolution Adopting the Final Proposed Budget for FY 2023/2024

9. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives. There are no written materials and the Town Council does not take action under this agenda item.

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

11. ADJOURNMENT
The next Regular Town Council meeting will be held on July 12, 2023, at 7:00 p.m. ******************************************************************************************************************* Land Acknowledgement:

TOWN OF PORTOLA VALLEY
Historic Schoolhouse
765 Portola Road
Portola Valley, CA 94028
Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
COUNCIL MINUTES – REGULAR MEETING
JUNE 14, 2023

1. CALL TO ORDER – 7:00 P.M.

Present: Mayor Aalfs, Vice Mayor Wernikoff, and Councilmembers Hasko, Hufty, and Taylor

Absent: None

2. ORAL COMMUNICATIONS ON NON-AGENDA ITEMS
• Rita Comes

3. CONSENT AGENDA
a. Approval of Minutes--5.24.23
b. Approval of Warrant List–6.14.23

c. Adopt Resolution No. 2928-2023
Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account Funding and Submittal of a Proposed Project List

d. Approve a Summer Schedule Pilot
e. Approve Reclassification of Financial Analyst to Senior Accountant f. Appoint
• Craig Heberer to the Emergency Preparedness Committee • Wesley Barrow to the Cultural Arts Committee
• Jon Silver and Andrew Browne to the Race and Equity Committee g. Adopt Resolution No. 2929-2023
Allowing the Annual Cost of Living - Adjustment to the Maximum Rates Under the Franchise Agreement for Collection and Processing of Mixed Compostable Materials, Recyclables, and Yard Trimmings between the Town of Portola Valley and GreenWaste Recovery, Inc.

Items 3b. and 3d. were pulled.

Motion: Vice Mayor Wernikoff made a motion, seconded by Councilmember Hufty to approve the Consent Calendar items 3. a. c. e. f. and g. Unanimous.

Interim Town Manager Howard Young removed a check from Item 3.b., the warrant list.

Councilmember Hasko made a motion, seconded by Councilmember Taylor to approve Consent Item 3. b. Unanimous
Councilmember Hasko asked a question about Consent Item 3.d. 15 of 63
Motion: Vice Mayor Wernikoff made a motion, seconded by Councilmember Taylor, to approve Consent Item 3.d. Unanimous.

RESET AGENDA ORDER
Mayor Aalfs asked to change the agenda order to consider the Sheriff contract study session, 5.a. next. • Rita Comes commented
Vice Mayor Wernikoff made a motion, seconded by Councilmember Taylor to reset the agenda order as follows: 5.a., 4.a., 5.b. Unanimous.

5. a. SHERIFF’S CONTRACT – SECOND STUDY SESSION
Interim Town Manager Howard Young gave a recap of the question-and-answer session held on June 13, 2023, with Captain Mark Myers. He noted that the Sheriff is in favor of giving the Town more time to review and consider the new contract.

Sheriff’s Captain Mark Myers compared the current and proposed contracts and answered questions.

Public comments:
• Rita Comes
• Betsy Morgenthaler
• Dale Pfau
Mayor Aalfs announced that the Sheriff’s contract will come back in a future meeting.

4. a. FY 2023-2024 BUDGET STUDY SESSION
Finance Director Cindy Rodas gave an overview of the FY 2023-2024 Budget and answered questions.

The Executive Team presented their departmental budgets.

RECESS MEETING
At 9:45 p.m., Mayor Aalfs called for a recess until 9:55 p.m.

RECONVENE MEETING
The Regular Meeting reconvened at 9:55 p.m. All members of the Council were present. Mayor Aalfs invited public comments on the proposed Budget.

Comments:
• Rita Comes
• Betsy Morgenthaler
• Patty Dewes
The Mayor announced that the Budget for fiscal year 2023-2024 will be considered for adoption at the next meeting, Tuesday, June 27, 2023, at 7:00 p.m.

5. b. REVENUE ENHANCEMENT STUDY SESSION
Assistant Town Manager Corie Stocker presented an array of revenue enhancement strategies and answered questions.

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Comments:
• Rita Comes
• Nan Shostak

6. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Various members reported on committee meetings.

• Kristy Corley commented

7. INTERIM TOWN MANAGER REPORT
Interim Town Manager Howard Young reported on several issues.

8. ADJOURNMENT
At 11:46 p.m., the Mayor adjourned the regular meeting. The next Town Council meeting will be held on Tuesday, June 27, 2023, at 7:00 p.m.
******************************************************************************************************************* Land Acknowledgement:

The Town of Portola Valley acknowledges the colonial history of this land we dwell upon—the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK-mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair. 17 of 63
apachreg Town of Portola Valley hsingh 06/22/2023 16:18 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3236 41 AT&T 328.91 06/27/233237 78 CALIFORNIA WATER SERVICE CO 16,201.85 06/27/233238 80 CALPERS 90,197.98 06/27/233239 124 COMCAST 186.47 06/27/233240 129 COTTON SHIRES & ASSOC. INC. 5,263.25 06/27/233241 135 CSG CONSULTANTS INC 16,363.25 06/27/233242 167 ECS IMAGING 6,564.60 06/27/233243 195 GOOD CITY COMPANY 33,771.25 06/27/233244 200 GRANICUS 2,400.00 06/27/233245 209 HARRY COUNCELL 2,500.00 06/27/233246 234 J. W. ENTERPRISES 542.88 06/27/233247 244 JEANNETTE HOLLIDAY 452.71 06/27/233248 275 KRUPKA CONSULTING 4,900.00 06/27/233249 295 LYNX TECHNOLOGIES INC 600.00 06/27/233250 327 FORDE MAZZOLA ASSOCIATES 1,403.21 06/27/233251 334 NOLTE ASSOCIATES INC 13,101.75 06/27/233252 343 OPENGOV INC. 15,560.00 06/27/233253 359 PENINSULA SCREEN SHOP 496.07 06/27/233254 375 PLATINUM FACILITY SERVICES 4,936.68 06/27/233255 403 RON RAMIES AUTOMOTIVE INC. 1,496.25 06/27/233256 428 SHARP BUSINESS SYSTEMS 128.92 06/27/233257 489 VERIZON WIRELESS 489.76 06/27/233258 505 WOODSIDE FIRE PROTECTION DISTR 68,521.48 06/27/233259 518 GOT GOPHERS? 1,050.00 06/27/233260 574 BRUCE WILLARD 190.00 06/27/233261 624 LENCIONI CONSTRUCTION 500.00 06/27/233262 649 VEOCI INC 12,993.75 06/27/233263 673 MUNICIPAL RESOURCE GROUP, LLC 2,400.00 06/27/233264 690 CRUZ STRATEGIES 1,250.00 06/27/233265 787 TMT ENTERPRISES, INC 39.86 06/27/233266 921 DONALD TURNQUIST 4,857.51 06/27/233267 946 JARVIS FAY LLP 9,823.00 06/27/233268 949 PINPOINT TALENT, LLC 12,472.00 06/27/233269 977 LORAL LANDSCAPING INC 18,420.00 06/27/233270 992 PRECISION GRAPHICS 44.84 06/27/233271 996 GREGORY POSTEN 1,360.50 06/27/233272 1002 IACPV LLC 185,340.37 06/27/233273 1006 GLENOAKS EQUESTRIAN CENTER 6,105.00 06/27/233274 1007 JASON ROSENTHAL 1,135.75 06/27/233275 1008 LOERKE AND CRESCI, INC. 2,000.00 06/27/233276 1009 LINDA MOODY- FLEETWOOD MACRAME 2,000.00 06/27/233277 1010 KETCH, LLC 4,000.00 06/27/233278 1012 NETFILE, INC. 1,200.00 06/27/23 18 of 63
apachreg Town of Portola Valley hsingh 06/22/2023 16:18 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 553,589.85ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 553,589.85Check totals: 553,589.85ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 553,589.85 19 of 63
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apapdinv2 hsingh Town of Portola Valley Page 1
16:20 06/22/23 Paid Invoices by Date
From: 06/27/2023 to 06/27/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 41 AT&T
06/27/23 3236 May Statement 328.91 51.92 000020046659
May Statement 225.09 000020046660May Statement 51.90 000020046661 Vendor: 78 CALIFORNIA WATER SERVICE CO
3237 Water Service 05/11/23 - 06/12/23 16,201.85 16,201.85 MAY-2023 Vendor: 80 CALPERS
3238 February Retirement- CLASSIC 90,197.98 15,809.11 100000017055317 February Retirement- PEPRA 13,234.86 100000017055337June Unfunded Liability 8,931.67 100000017184566March Retirement- CLASSIC 15,655.59 100000017083901March Retirement- PEPRA 12,688.66 100000017083884April Retirement- CLASSIC 12,440.23 100000017112294April Retirement- PEPRA 11,437.86 100000017112273 Vendor: 124 COMCAST
3239 WIFI-05.21.2023-06.20.2023 186.47 186.47 1945-JUNE23 Vendor: 129 COTTON SHIRES & ASSOC. INC.
3240 April Applicant Charges 5,263.25 5,263.25 2023-APRIL-2 Vendor: 135 CSG CONSULTANTS INC
3241 April Code Enforcement/Bldg Insp & Review Svcs 16,363.25 16,363.25 APRIL-2023 Vendor: 167 ECS IMAGING
3242 Cloud Site License, Support, Install, Consulting, Training 6,564.60 6,564.60 17904 Vendor: 195 GOOD CITY COMPANY
3243 Planning Consultant Svcs - May 33,771.25 33,771.25 3144 Vendor: 200 GRANICUS
3244 Customizations, Milestones 2, 3 & 4 of 4 - GoLive Complete 2,400.00 1,440.00 147045 Customizations: Calendar Event List, Milestone 1 of 4 960.00 142134- Vendor: 209 HARRY COUNCELL
3245 Horse Fair - 3+ Hours Carriage Driving 2,500.00 2,500.00 05202023 Vendor: 234 J. W. ENTERPRISES
3246 Portable Lavs 05/04/23 - 05/31/23 542.88 313.44 250659 Portable Lavs 05/04/23 - 05/31/23 229.44 250660
Vendor: 244 JEANNETTE HOLLIDAY
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apapdinv2 hsingh Town of Portola Valley Page 2
16:20 06/22/23 Paid Invoices by Date
From: 06/27/2023 to 06/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
06/27/23 3247 Deposit Refund, 160 Fawn 452.71 452.71 BLDR0022-2019 Vendor: 275 KRUPKA CONSULTING
3248 On-Call Traffic & Transportation - May 2023 4,900.00 4,900.00 1363 Vendor: 295 LYNX TECHNOLOGIES INC
3249 May Maintenance/GIS Services 600.00 600.00 9907
Vendor: 327 FORDE MAZZOLA ASSOCIATES
3250 Deposit Refund, 157 Ramoso 1,403.21 1,403.21 PW0062-2022 Vendor: 334 NOLTE ASSOCIATES INC
3251 April Applicant Charges & PW Support 13,101.75 13,101.75 APRIL-2023 Vendor: 343 OPENGOV INC.
3252 OpenGov Procurement, Professional Services Deployment 15,560.00 15,560.00 INV00010397 Vendor: 359 PENINSULA SCREEN SHOP
3253 Window Screen Repairs 496.07 496.07 954
Vendor: 375 PLATINUM FACILITY SERVICES
3254 May Janitorial Svcs 4,936.68 4,488.67 46547
May Friday Disinfection Svcs- Covid 19 448.01 46548
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3255 Vehicle Maintenance 1,496.25 1,496.25 74329
Vendor: 428 SHARP BUSINESS SYSTEMS
3256 May Copies 128.92 128.92 9004357335
Vendor: 489 VERIZON WIRELESS
3257 May Cellular 489.76 489.76 9935761574
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3258 04/01/23-05/31/23 Fire Mitigation Crew Support 68,521.48 58,534.92 WFPD CREW-1017 CERRP Coordinator April - June 2023 9,986.56 135_PV
Vendor: 518 GOT GOPHERS?
3259 Town Fields Gopher Trapping- May 2023 1,050.00 1,050.00 45558 Vendor: 574 BRUCE WILLARD
3260 Reimbursement - Replace Roadway Mirror 190.00 190.00 06062023 Vendor: 624 LENCIONI CONSTRUCTION
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apapdinv2 hsingh Town of Portola Valley Page 3
16:20 06/22/23 Paid Invoices by Date
From: 06/27/2023 to 06/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
06/27/23 3261 Deposit Refund, 180 Golden Oak 500.00 500.00 BLDR0102-2018 Vendor: 649 VEOCI INC
3262 FY23-24 Annual Software Subscription 12,993.75 12,993.75 2248 Vendor: 673 MUNICIPAL RESOURCE GROUP, LLC
3263 Portola Valley - Policy Review & Compensation Analysis 2,400.00 2,400.00 03-23-214 Vendor: 690 CRUZ STRATEGIES
3264 Government Relations Consulting - May 1,250.00 625.00 2718 Government Relations Work - March 625.00 2637
Vendor: 787 TMT ENTERPRISES, INC
3265 Finance Charges 39.86 39.86 16141-1
Vendor: 921 DONALD TURNQUIST
3266 Deposit Refund, 4 Navajo 4,857.51 4,857.51 BLDR0144-2021-2 Vendor: 946 JARVIS FAY LLP
3267 Legal Services - Housing Element May 9,823.00 9,823.00 17672 Vendor: 949 PINPOINT TALENT, LLC
3268 Temp Service, S. Ahmad 5/29/23 - 6/04/23 12,472.00 2,432.00 6036 Temp Service, H. Singh 6/05/23 - 6/11/23 1,980.00 6057Temp Service, S. Ahmad 6/05/23-6/11/23 3,040.00 6058Temp Service, H. Singh 6/12/23 - 6/18/23 1,980.00 6079Temp Service, S. Ahmad 6/12/23-6/18/23 3,040.00 6080 Vendor: 977 LORAL LANDSCAPING INC
3269 Worker Services Labor Wage - Properties & ROW Maintenance 18,420.00 6,873.75 84300 Worker Services Labor Wage - Properties & ROW Maintenance 6,240.00 84410Worker Services Labor Wage - Properties & ROW Maintenance 5,306.25 84519 Vendor: 992 PRECISION GRAPHICS
3270 PV Palooza Posters & Banners 44.84 44.84 18912
Vendor: 996 GREGORY POSTEN
3271 Summer Concert Series 2023 - Speakers, Microphones, Engineer 1,360.50 1,360.50 1022 Vendor: 1002 IACPV LLC
3272 Reimbursement - Planning Fees Waiver, Willow Comm Housing 185,340.37 185,340.37 02022023- Vendor: 1006 GLENOAKS EQUESTRIAN CENTER
3273 Deposit Refund, 3639 Alpine 6,105.00 2,270.00 16094 22 of 63
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apapdinv2 hsingh Town of Portola Valley Page 4
16:20 06/22/23 Paid Invoices by Date
From: 06/27/2023 to 06/27/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
06/27/23 3273 Deposit Refund, 3639 Alpine 6,105.00 1,000.00 16094-2 Deposit Refund, 3639 Alpine 2,835.00 16094-3
Vendor: 1007 JASON ROSENTHAL
3274 Deposit Refund, 158 Pinon 1,135.75 1,135.75 BLDR0182-2021 Vendor: 1008 LOERKE AND CRESCI, INC.
3275 Deposit Refund, 15 Zapata 2,000.00 1,000.00 BLDR0012-2022 Deposit Refund, 15 Zapata 1,000.00 BLDR0060-2022
Vendor: 1009 LINDA MOODY- FLEETWOOD MACRAME
3276 Summer Concert Series 2023 2,000.00 2,000.00 FMPV 01 Vendor: 1010 KETCH, LLC
3277 Summer Concert - Live Performance 4,000.00 4,000.00 09142023 Vendor: 1012 NETFILE, INC.
3278 Annual Subscription for Agency Services 2/15/23-2/14/24 1,200.00 1,200.00 8537 Check Date Totals 553,589.85
Grand Total 553,589.85
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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
June 27, 2023
Claims totaling $553,589.85 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Interim Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Acting Town Clerk Mayor
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Howard Young, Public Works Director / Interim Town Manager DATE: June 27, 2023
RE: Contract extension for engineering and plan check services with Nolte Associates, Inc, doing business as NV5, Inc.

RECOMMENDATION
Staff recommends that the Town Council extend the consulting contract with Nolte Associates, Inc. (doing business as NV5, Inc.) for engineering and plan check services for two years until June 30, 2025.

BACKGROUND
As a small municipality, the Town depends on various contractors to provide consulting services for many activities, including engineering, plan check, geotechnical, and building inspection services. The Town contracts with the consultants who provide these services.

DISCUSSION
Staff is satisfied with the service provided by NV5 and they have maintained a long-term plan checker with knowledge of the Town. Retaining NV5will provide continuity of service in engineering and plan check services. This is especially important during post COVID, while the Town and businesses are exploring new ways of communicating and doing business. For the upcoming fiscal year 2023-24, NV5 is proposing a 2.5% increase per year to their current hourly rates. This is lower than this year’s Consumer Price Index (CPI) increase of 5.3% for the region. For the 2nd year 2024-25, the rate sheet indicates a 2.5% increase to their hourly rates. Project task orders with allocated budget by staff to the consultant are still required as part of the existing process.

FISCAL IMPACT
The plan checking and applicant related charges are pass through charges. For in-house services in FY 2023-24, the costs are accommodated within the FY 2023-24 budget.

ATTACHMENT

1. Nolte/NV5 contract extension: Amendment 4

TOWN OF PORTOLA VALLEY

STAFF REPORT

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FORTH AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PORTOLA VALLEY AND NOLTE ASSOCIATES, INC.

This Amendment 4 (“Amendment”) is made as of July 1, 2023, with respect to the Agreement (“Agreement”) by and between the Town of Portola Valley (“Town”) and Nolte Associates, Inc. dba NV5, Inc. (“Consultant”).

RECITALS
A. The Town and Consultant entered into the Agreement for engineering services on July 24, 2013.

B. The parties entered into Amendment No. 1 on June 22, 2016 and Amendment No. 2 on July 1, 2019 and Amendment No. 3 on June 23, 2021.

C. 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. Term. Section 5 of the Agreement is hereby amended to read as follows:

TERM. This Agreement shall remain in effect until June 30, 2025 or until terminated in accordance with Section 17.

2. Compensation. The compensation for services identified in Exhibit C of the Agreement is replaced in its entirety with the new fee schedule attached hereto and incorporated herein.

3. Agreement. Other than the amendments set forth herein, 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 4 as of the date set forth above.
//
//
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TOWN OF PORTOLA VALLEY: NV5, INC.:
___________________________ __________________________
Jeff Aalfs, Mayor Jeffrey M. Cooper, Senior Vice President ATTEST:
___________________________
Town Clerk
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NV5, INC.

Northern California
2023 Town of Portola Valley Charge Rates Schedule*
Office:

Technical Services
Engineering Aide/Planning Aide ................................................................................ $99.00/hour Project Assistant ...................................................................................................... $115.00/hour Project Administrator ............................................................................................... $141.00/hour CADD Technician I .................................................................................................... $134.00/hour CADD Technician II ................................................................................................... $149.00/hour CADD Technician III .................................................................................................. $167.00/hour Senior CADD Technician/Designer ......................................................................... $177.00/hour Design Supervisor .................................................................................................... $209.00/hour Professional
Junior Engineer/Planner/Surveyor ......................................................................... $145.00/hour Assistant Engineer/Planner/Surveyor .................................................................... $167.00/hour Associate Engineer/Planner/Surveyor ................................................................... $195.00/hour Senior Engineer/Planner/Surveyor......................................................................... $214.00/hour Manager ................................................................................................................... $233.00/hour Structural Engineer .................................................................................................. $257.00/hour Associate .................................................................................................................. $237.00/hour Principal .................................................................................................................... $257.00/hour Field:

Construction Management
Junior Field Engineer ............................................................................................... $145.00/hour Inspector ................................................................................................................... $143.00/hour Assistant Field Engineer .......................................................................................... $158.00/hour Associate Field Engineer ......................................................................................... $183.00/hour Senior Field Engineer ............................................................................................... $212.00/hour Construction Manager ............................................................................................. $228.00/hour Surveying
1-Person Survey Crew (GPS) (Robotic) ................................................................... $219.00/hour 1-Person Survey Crew .............................................................................................. $170.00/hour 2-Person Survey Crew .............................................................................................. $274.00/hour 3-Person Survey Crew .............................................................................................. $389.00/hour

Expenses:

Plotting and In-house Reproduction ............................................................................. 1.15 x Cost Subsistence .................................................................................................................... 1.15 x Cost Other Expenses –
Including Subconsultants & Purchased Services through Subcontracts ................... 1.15 x Cost Mileage - Outside local area ......................................................................... Per accepted IRS rate *Rates are effective through June 30, 2024. If contract assignment extends beyond that date, an escalation factor of 2.5% per contract anniversary year (July 1) will be added to the above rates. Litigation support will be billed at $400.00 per hour. Rates based on “Prevailing Wage” (PW) for Construction Management and Surveying will be determined by Project and County per California law.
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Judith Hasko and Craig Taylor
DATE: June 27, 2023
RE: Housing Element Post-Adoption Plan Update
Craig and I, as the members of the Town Council subcommittee engaged in moving forward on the Town’s Housing Element Post-Adoption Plan, wanted to update the Town Council on progress on that plan.

As background, on March 29, 2023, the Town Council approved the high level conceptual approach presented by this subcommittee addressing additional steps to be taken after submission of the Housing Element for Portola Valley to HCD, which occurred on May 25th.

The conceptual approach stated that within 30 days after the adoption of the Housing Element by the Town Council, this subcommittee would provide a more detailed form of the Post-Adoption Plan for public discussion and approval by the Town Council.

We have been working with Town staff and other consultants to flesh out further detail on the Post-Adoption Plan. As of June 22, 2023, certain aspects of the more detailed Post-Adoption Plan require further analysis and require additional input. Given the full agenda we have on June 27, 2023, when we plan to discuss the Town budget that the staff has worked very hard to bring to the Town Council on a timely basis, this subcommittee plans to bring forward a more detailed Post-Adoption Plan for discussion by the Town Council on July 12, 2023.

TOWN OF PORTOLA VALLEY
Colleagues Memo

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cindy Rodas, Finance Director
DATE: June 27, 2023
RE: Ratify Finance Department Temporary Help Agreement

RECOMMENDATION
Approval of the Professional Services Agreement with Pinpoint Talent

BACKGROUND
Through the FY 2022-23 Budget process Council approved the addition of a Finance Technician to assist in the increasing demands and workload in the Finance Department.

The formal recruitment process for the Finance Technician began in the fall of 2022. Staff held interviews in December 2022 after extending the filing period to allow for additional interest from qualified candidates. Unfortunately, the interview process was unsuccessful, and the decision was made to seek department support by temporary help.

DISCUSSION
Staff worked directly with the recruitment team of the talent firm that specializes in accounting, finance and human resource support. The candidates’ qualifications were carefully reviewed, interviews were conducted and shortly thereafter a temporary employee was selected to join the Finance Department in early February 2023. The attached agreement was approved and authorized by the former Town Manager per the Town’s policies. Hourly bill rates for the candidates will be determined at the time of placement and dependent on the qualifications of the candidate.

In April of 2023, staff received the formal resignation of the Finance Analyst. Due to the number of staff turnover and competing priorities staff determined that acquiring additional support from Pinpoint to fill the analyst position temporarily was the best option at the time.

The attached agreement was extended to include this additional support. A Senior Accountant was selected to fill this position beginning at the end of April. Through this selection, at a higher skillset, staff determined that this support level is required to assist the

TOWN OF PORTOLA VALLEY

STAFF REPORT

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Finance Director and department in day-to-day accounting and finance functions. Staff is currently bringing forth the agreement to the Town Council to ratify since the cost of the services exceeded the Town Managers signing authority of $25,000. At the June 14, 2023 Council meeting, the formal reclassification of the Finance Analyst position to Senior Accountant was approved and the recruitment process is currently underway. Staff intends to interview candidates and fill this position permanently in early fiscal year 2023-24.

Staff intends to follow a similar recruitment process to permanently fill the Finance Technician position in fiscal year 2023-24.

FISCAL IMPACT
There is no additional fiscal impact for the Town associated with the approval of the temporary help agreement as the expenditure will be allocated to the vacant funded Finance Technician position as well as the additional position of the Finance Analyst as adopted by the annual budget.

ATTACHMENT

1. Pinpoint Talent Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
Thank you for the opportunity to partner with you to provide recruiting and staffing solutions.

This Professional Services Agreement (the “Agreement”) is made and entered into as of 2/1/2023 (the “Effective Date”), by and between Town of Portola Valley (“Client”), with a principal place of business at 765 Portola Road, Portola Valley, CA 94028, and Pinpoint Talent, LLC, a California limited liability company (“Recruiting Firm”), with a principal place of business at 2570 North 1st Street, Suite 200, San Jose, CA 95131.

RECRUITING FEE AGREEMENT

1. Recruiting Firm’s Duties and Responsibilities. Recruiting Firm shall:

1.1. Recruit, screen, interview, and assign Assigned Employees (as later defined) to perform services/duties as requested in writing by Client and under Client’s supervision at the locations specified by Client;

1.2. Pay Assigned Employees’ wages and provide them with the benefits that Recruiting Firm offers to them;

1.3. Pay, withhold, and transmit payroll taxes; provide unemployment insurance and workers’ compensation benefits; and handle unemployment and workers’ compensation claims involving Assigned Employees with respect to compensation that Recruiting Firm has agreed to pay;

1.4. Ensure compliance with legally required pre-employment obligations for all Assigned Employees, prior to assigning Assigned Employees to Client;

1.5. Ensure Assigned Employees are informed that they are not in any way entitled to participate in any Client employee benefit plans, including holidays, vacations, vacation pay, sick time, sick pay, disability, insurance, profit sharing, deferred compensation, welfare, bonus, severance pay, pensions or retirement plans, or any other similar benefits, plans, programs, or agreements; and

1.6. Perform all hiring, counseling, disciplining, and discharging of Assigned Employees.

2. Client’s Duties and Responsibilities. Client shall:

2.1. Properly supervise Assigned Employees performing Client work and be responsible for Client’s business operations, products, services, and intellectual property;

2.2. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or handle or transport and/or convey cash, checks, keys, credit cards, merchandise, negotiable instruments, or other valuables without (i) Recruiting Firm’s express written approval or as strictly required by the job description provided to Recruiting Firm in writing and (ii) Client’s direct supervision;

2.3. Not change Assigned Employees’ job duties without Recruiting Firm’s express written approval;

2.4. Exclude Assigned Employees from Client’s benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees’ compensation or benefits;

2.5. Immediately notify Recruiting Firm of any injury or claim for workers’ compensation benefits involving Assigned Employees working for Client;
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2.6. Fully cooperate with Recruiting Firm regarding any investigation related to complaints of harassment, discrimination, or retaliation, unemployment claims, workers’ compensation claims, or other situations which may require full cooperation from Client’s employees that worked with or supervised Assigned Employees or witnessed certain events that may be related to the complaint or claim; and

2.7. Pay invoices and other payments in accordance with this Agreement.

3. Temporary Placement Terms. Recruiting Firm will recruit and refer qualified candidate(s) as available and as needed for temporary or contract work by Client (“Assigned Employees”) under the following terms and conditions:

3.1. Conversion Term. In the event Client, or any employee, agent, or affiliated entity of Client, directly or indirectly hires an Assigned Employee during the Assigned Employee’s assignment or within one year from the end date of Assigned Employee’s assignment on a full-time, part-time, or temporary basis (including assignments through another consulting firm), Client agrees to pay Recruiting Firm a fee (the “Conversion Fee”) based on a percentage of the first year's annual compensation of the Assigned Employee based on the following scale:

Contractor Conversion (Hours worked by Contractor):
0 - 320 Hours = 25% of annual compensation
321 - 640 Hours = 20% of annual compensation
641 - 800 Hours = 15% of annual compensation
801 - 960 Hours = 10% of annual compensation
961+ Hours = 05% of annual compensation

3.2. Bill Rates. Hourly bill rates will be determined at the time of placement for an Assigned Employee. Bill rates will be listed on the Client Confirmation, incorporated by reference hereto as an Addendum. Hourly bill rates may vary between Assigned Employees.

3.3. Overtime. Depending on the position, overtime will be billed according to state and federal law where the Assigned Employee will be working. For example, for Assigned Employees working in California, overtime will be billed at 1.5 times bill rate for work over eight hours per day, or 40 hours per week, or for the first eight hours of work on the seventh consecutive day in the same workweek, or two times bill rate for work over 12 hours per day, or for over eight hours on the seventh consecutive day in the same workweek.

3.4. Expenses. In accordance with California law, all Assigned Employees placed by Recruiting Firm in California are entitled to reimbursement for all reasonable and necessary business expenses incurred in connection with the performance of the candidates’ job duties, including but not limited to, cell phone, Internet service, and office supplies. Reimbursement of expenses for Assigned Employees working in other states will be determined by state and local law. Recruiting Firm will charge the actual cost of the Assigned Employees’ expenses to Client.

3.5. Time Approval. Assigned Employees will submit their online time records weekly to SpringAhead, the online time record system, for weekly approval by the Monday following the week worked. The Timecard Approver that Client assigns will receive an email from SpringAhead for approval of the Assigned Employee’s time record; the Timecard Approver must approve the Assigned Employee’s time record no later than Wednesday at noon, Pacific Time, the week after the hours are worked. If approval is not received in time, the timecard will be approved on behalf of the Timecard Approver by Pinpoint Talent to ensure timely payroll processing for the Assigned Employees. Should Client dispute the recorded hours or expenses, Client must submit written notification to Recruiting Firm within 30 calendar days of the end of the pay period setting forth the grounds for the dispute and any evidence to support that Client should not have to pay for the Doc ID: fe40d08ef42ac4b816182bb000559ab7f7db3e6d Doc ID: a402fc1547d92752dce59f804399a0686ac4d00b 33 of 63
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hours recorded. Failure to timely dispute or approve the online time record will be deemed approval of the hours and expenses recorded on the online time record.

3.6. Invoices. Recruiting Firm invoices Client for all hours worked and reimbursable expenses and/or Conversion Fees. All payments of invoiced charges, fees, and expense reimbursements are due from Client and payable to Recruiting Firm within 10 calendar days after Client’s receipt of Recruiting Firm’s invoice.

4. Direct Placement Terms. Recruiting Firm will recruit and refer qualified candidate(s) as available and as needed for direct hire by Client under the following terms and conditions:

4.1. The Placement Fee. A search may entail weeks or even months of work. Therefore, Client agrees that if a candidate submitted to Client by Recruiting Firm is hired, either directly or indirectly, as an employee, consultant, or independent contractor, by Client, or an affiliated or any other entity, within 365 calendar days from the last discussion concerning such candidate, it would be a result of Recruiting Firm’s efforts on behalf of Client and Client agrees to pay to Recruiting Firm a Placement Fee (as defined below).

4.2. References. Recruiting Firm will confirm candidate references upon Client request to the extent such references are willing to discuss with Recruiting Firm, and will transmit such information to Client, where appropriate and where permitted by law. Recruiting Firm does not conduct any criminal background check, nor does Recruiting Firm conduct any sort of drug use screening or medical examination of any kind.

4.3. Placement Fee and Terms. As consideration for the service provided, Client owes Recruiting Firm a placement fee in the amount equal to 25% of the candidate’s base salary. The fee is calculated based on the placed candidate’s first year's base salary, excluding sign-on bonus, for each placement (the “Placement Fee”). Client will be invoiced upon the employee's first day of employment. Invoiced amounts are due and payable to Recruiting Firm within 15 calendar days of the employee’s first day of employment.

4.4. Guarantee. In the event that the candidate resigns or is terminated within the first 90 calendar days from date of hire, for only lack or non-performance and/or disciplinary reasoning, which Client has properly documented, Recruiting Firm will refund the Placement Fee pro-rated on a daily calendar basis. For example, if the candidate leaves on the 60th calendar day from the start date, Client will be refunded for the last 30 calendar days, or 1/3, of the Placement Fee.

5. Other Terms.

5.1. Term and Termination. This Agreement shall remain in effect until five years from the Effective Date, unless terminated sooner by either party for any reason. However, any actual, non-mitigatable sums due and owing to Recruiting Firm by Client at the time of such termination shall not be affected by such termination. This Agreement or any Client Confirmation hereunder may be terminated with or without cause by Client at any time during the term of this Agreement on 30 days prior written notice to Recruiting Firm. Either party may terminate this Agreement for a material breach by the other party that is not cured within 30 days of that party’s receipt of written notice of the breach. If this Agreement is terminated, Recruiting Firm shall, upon Client’s request and as directed, either (i) cease all services or (ii) complete some or all services already commenced.

Upon the expiration or termination of this Agreement, or as directed by Client, Recruiting Firm and Assigned Employees shall deliver to Client or destroy promptly upon the request and at the sole discretion of Client, all Client proprietary or confidential information and any Client materials including whole or partial copies, embodiments or derivatives thereof obtained at any time, including all data generated or created by Recruiting Firm or Assigned Employees under this Agreement, in compliance with applicable law and regulatory requirements.

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5.2. Notices. All notices and other communications given in connection with this Agreement shall be in writing and shall be deemed to be properly given only when sent via email, the United States Postal Service, or a nationally recognized courier, addressed as shown on the first page of this Agreement.

5.3. Compliance. The parties affirm and agree that they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. The parties agree not to harass, discriminate against, or retaliate against any employee of the other because of race, color, national origin, ancestry, age, sex (including pregnancy, childbirth, chestfeeding, and related medical conditions), sexual orientation, gender (including gender expression and gender identity), creed, religion (all aspects of religious beliefs, observances, or practices, including religious dress or grooming practices), physical or mental disability, genetic information, medical condition (including cancer or a record or history of cancer and genetic characteristics), marital status, registered domestic partnership status, military or veteran status, or other category protected by federal, state, or local laws or ordinances; nor shall any party cause or request the other party to engage in such discrimination, harassment, or retaliation; nor shall either party tolerate or permit any of their respective personnel, independent contractors, vendors, suppliers, partners, customers, or clients to engage in such discrimination, harassment, or retaliation by any Assigned Employee. In the event of any complaint of unlawful discrimination, harassment, or retaliation, the parties agree to cooperate in the prompt investigation and resolution of such complaint and shall indemnify each other with respect to any violation. In addition, the parties agree that for the purpose of statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, the parties shall cooperate in compliance with any such requirements.

5.4. OSHA Compliance. Because Client controls the facility/work site in which Assigned Employees work, it is agreed that Client is primarily responsible for compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to Assigned Employees assigned to Client facility/work site, except as may be otherwise agreed in writing signed by parties hereto. Any such agreement shall be included as an addendum to this Agreement.

5.5. No Partnership. Neither this Agreement nor the services to be provided hereunder shall be construed to create any relationship of employment, agency, partnership, or joint venture between the parties. No employeremployee relationship exists between Recruiting Firm and Client. Each entity shall operate as distinct, separate entities.

5.6. Confidential Information. Both parties may receive information that is proprietary or confidential to the other party or its affiliated companies and their clients. Confidential Information may include information that the disclosing party is under an obligation to a third party to maintain as confidential. Any and all such information obtained by Recruiting Firm and its Assigned Employees, on the one hand, or Client, on the other hand, shall be deemed confidential and proprietary information. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law.

5.6.1. Both during the term of this Agreement and thereafter, the parties shall use reasonable care to prevent the unauthorized use or dissemination of confidential or proprietary information. Reasonable care means at least the same degree of care Recruiting Firm and/or Client uses to protect its own confidential or proprietary information from unauthorized disclosure. Recruiting Firm also agrees to direct Assigned Employees to keep such information confidential, and to require Assigned Employees to enter into Confidentiality Agreements, upon request by Client.

5.6.2. As used herein, Recruiting Firm proprietary or confidential information means: all information regarding Recruiting Firm’s Assigned Employees or other employees, including but not limited to their Doc ID: fe40d08ef42ac4b816182bb000559ab7f7db3e6d Doc ID: a402fc1547d92752dce59f804399a0686ac4d00b 35 of 63
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names, home addresses, telephone numbers, skills, qualifications, evaluations, availability, record of assignments, and related information.

5.6.3. Client confidential or proprietary information is limited to information clearly marked as confidential or proprietary, or disclosed orally and summarized and identified as confidential in a writing delivered to Recruiting Firm or an Assigned Employee within 15 days of disclosure. Notwithstanding the foregoing, any Client confidential information not so marked or identified which a reasonable recipient under like circumstances would understand to be proprietary shall be deemed Client confidential information.

5.6.4. Proprietary or confidential information does not include the following: information that Recruiting Firm or Client knew before disclosure by the other party as evidenced by written records; information that is or becomes public knowledge through no fault of Recruiting Firm or Client; or information obtained from sources other than Recruiting Firm or Client who owe no duty of confidentiality to Client or Recruiting Firm.

5.6.5. The confidentiality obligations set forth herein shall survive the termination of this Agreement.

5.7. Indemnity. To the extent permitted by law, Client agrees to defend, indemnify, and hold Recruiting Firm, and its parent, subsidiaries, directors, officers, managers, agents, representatives, and employees, harmless for any and all claims, losses, and liabilities (including reasonable attorneys’ fees), to the extent caused by Client’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in this Agreement; the negligence, gross negligence, or willful misconduct of Client or Client’s officers, employees, or authorized agents in the discharge of those duties and responsibilities; its violation of any statute or common law protecting employees from harassment, discrimination, retaliation and repetitive stress injury; or other claims which arise out of the assignment by Recruiting Firm to Client or the Assigned Employee’s work environment. Client agrees to immediately inform Recruiting Firm of any claims, complaints, or incidents involving or relating to claims including but not limited to claims of sexual harassment, repetitive stress injury, or other claims which arise out of the assignment of Recruiting Firm’s Assigned Employees to Client. To the extent permitted by law, Recruiting Firm agrees to defend, indemnify, and hold Client, its councilmembers, employees, and authorized agents, harmless for any and all claims, losses, and liabilities (including reasonable attorneys’ fees), to the extent caused by Recruiting Firm’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in this Agreement; the negligence, gross negligence, or willful misconduct of Recruiting Firm or Recruiting Firm’s officers, employees, or authorized agents in the discharge of those duties and responsibilities; its violation of any statute or common law protecting employees from harassment, discrimination, retaliation and repetitive stress injury; or other claims which arise out of this Agreement. Recruiting Firm agrees to immediately inform Client of any claims, complaints, or incidents involving or relating to claims including but not limited to claims of sexual harassment, repetitive stress injury, or other claims which arise out of this Agreement.

5.8. Severability. Should it be determined that any term of this Agreement is unenforceable, that term shall be deemed deleted. The validity of the remaining terms shall not be affected by the deletion of the unenforceable term.

5.9. No Warranty. Recruiting Firm assumes no liability whatsoever for any acts or omissions of any candidate.

Recruiting Firm assumes no liability for any failure of or default by any candidate. Client’s decision to hire any candidate is made in Client’s sole and absolute discretion, and Recruiting Firm offers no warranty or guarantee as to a candidate’s qualifications, or lack thereof.

5.10. Late Payment. Placement Fees, Conversion Fees, or Refund Amounts not paid when due will bear interest at

1.5% per month or the maximum amount allowed by applicable law, whichever is less, calculated from the date originally due to the date fully paid. In addition, Client (in the case of late Placement or Conversion Fees) or Doc ID: fe40d08ef42ac4b816182bb000559ab7f7db3e6d Doc ID: a402fc1547d92752dce59f804399a0686ac4d00b 36 of 63
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Recruiting Firm (in the case of late Refund Amounts) will pay all fees and costs, including but not limited to collection agency fees and reasonable attorneys’ and professionals’ fees, associated with any legal or collection actions instituted to recover unpaid amounts due under this Agreement.

5.11. Attorneys’ Fees. In any litigation, or other proceeding by which one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

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5.12. Modifications. This Agreement may not be amended, except by writing or an additional Addendum executed between the parties.

5.13. Assignment. This Agreement may not be transferred by operation of law or otherwise or assigned without the written consent of the other party; provided, however, without such consent, either party may assign this Agreement to an affiliate or a successor in interest by reason of merger, acquisition, or sale of substantially all of the business to which this Agreement relates.

5.14. Entire Agreement. This Agreement, and accompanying Addenda, sets forth the entire agreement of the parties and supersedes all other prior negotiations, proposals, discussions, agreements, whether oral or written, between the parties.

5.15. Governing Law. This Agreement and services rendered with regard to the Agreement shall be deemed to have been entered into and performed at Recruiting Firm’s company headquarters in the State of California, and all questions concerning the validity, interpretation, or performance of any of its terms or provisions, or any rights, or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the State of California, without reference to any conflicts of law principles thereof.

If this agreement is agreeable to you, please sign, date, and return to my attention at your earliest convenience.

Thank you for your business.

Sincerely,
Pinpoint Talent, LLC
Sign:

Agreed and Accepted,
Town of Portola Valley
Sign:

Print Name: Jonathan Jair
Title: Managing Partner
Date:

Print Name:

Title:
02 / 15 / 2023 Date:

Doc ID: fe40d08ef42ac4b816182bb000559ab7f7db3e6d
Jeremy Dennis
Town Managwr
03 / 08 / 2023
Doc ID: a402fc1547d92752dce59f804399a0686ac4d00b
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Pinpoint Talent Service Agreement
Pinpoint_Talent_a...ice_Agreement.pdf
a402fc1547d92752dce59f804399a0686ac4d00b

MM / DD / YYYY
Signed
03 / 08 / 2023
20:51:31 UTC
Sent for signature to Jeremy Dennis
([email protected]) from [email protected] IP: 67.143.208.222
03 / 08 / 2023
21:48:16 UTC
Viewed by Jeremy Dennis ([email protected])
IP: 23.127.160.138
03 / 08 / 2023
21:49:03 UTC
Signed by Jeremy Dennis ([email protected])
IP: 23.127.160.138
03 / 08 / 2023 The document has been completed.
21:49:03 UTC
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM:

DATE:

Howard Young, Interim Town Manager / Public Works Director June 27, 2023
RE: Reauthorization of the Town Treasurer as the Authority for Management of the Town’s Investment Programs

RECOMMENDATION
Staff recommends that the Town Council reauthorize the Town Treasurer as the Authority for Management of the Town's Investment Programs.

BACKGROUND
Per California Government Code Section 53607 (Attachment 1), a legislative body of a municipality may delegate, for a one-year period, the authority to manage investment programs to that body’s treasurer.

The Town’s Municipal Code, Section 2.08.020, authorizes the Town Manager to serve as the Town Treasurer (Attachment 2).

DISCUSSION
The California Government Code only authorizes such delegation of duties for a one-year period. Staff recommends reappointing, per Portola Valley Municipal Code, the Town Manager to continue to manage investment programs for the next calendar year. Per the Town’s Investment Policy (Attachment 3), day-to-day operations shall be delegated to the Finance Director; the Town Manager will continue to consult with the Finance Committee on present and future investments.

FISCAL IMPACT
None.

ATTACHMENTS

1. California Government Code section 53607

2. Portola Valley Code section 2.08.020

3. Town of Portola Valley Investment Policy

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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State of California

GOVERNMENT
CODE
Section 53607
53607. The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body.

Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year.
(Amended by Stats. 1996, Ch. 749, Sec. 6. Effective January 1, 1997.) ATTACHMENT #1
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2.08.020 - Town treasurer.

The town manager shall serve as the town treasurer. The town treasurer shall maintain the accounts of the town in accordance with the approved final budget and accepted municipal accounting procedures and shall perform such other duties as set forth in the general laws of the state. (Ord. 2015-406 §§ 3, 4, 2015)
ATTACHMENT #2
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Town of Portola Valley
Investment Policy
Originally Adopted: December 10, 2003
Revised: November 8, 2017
Revised: November 28, 2018
Revised: August 14, 2019

1.0 MISSION STATEMENT
It is the policy of the Town of Portola Valley to invest public funds in a manner which will provide the maximum security with best investment returns, while meeting the daily cash flow demands of the entity. The Town’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law.

2.0 SCOPE
This investment policy applies to all financial assets of the Town of Portola Valley. These funds are audited annually and accounted for in the Financial Statements. This policy is applicable, but not limited to all funds listed below:

General Fund
Special Revenue
Restricted Funds
Trust Funds
Any other Town Funds or funds held for the exclusive benefit of the Town of Portola Valley and under the direction of Town of Portola Valley officials.

2.1 Pooling of Funds Except for cash in certain restricted funds, the Town will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.

3.0 OBJECTIVES
In order of priority, the primary objectives of the investment activities shall be:

3.1 Safety Safety of the principal is the foremost objective of the investment program. Investments of the Town shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

3.2 Liquidity The investment portfolio will remain sufficiently liquid to enable the Town of Portola Valley to meet all operating requirements that might be reasonably anticipated.

3.3 Return or Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and ATTACHMENT #3
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the cash flow characteristics of the portfolio. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.

4.0 STANDARDS OF CARE

4.1 Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence and discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the “prudent investor” standard (California Government Code 53600.3) and shall be applied in the context of managing an overall portfolio.

Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s risk or market price changes, provided deviations from expectation are reported in a timely fashion and appropriate action is taken to control adverse developments.

4.2 Delegation of Authority Authority to manage the investment program is derived from California Government Code (CGC) 53600/1, et seq.

Management responsibility for the investment program is hereby delegated to the Treasurer. Daily management responsibility of the program may be delegated to the Finance Director, who shall establish procedures and operate the investment program consistent with this investment policy.

Procedures may include, but not be limited to, references to: safekeeping, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions.

No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.

4.3 Ethics and Conflict of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any large personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions 44 of 63
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with the same individual with whom business is conducted on behalf of the Town.

4.4 Internal Control Separation of functions between the Treasurer, Finance Director, and Finance Committee is designed to provide an ongoing internal review to prevent the potential for converting assets or concealing transactions.

Investment decisions are made by the Treasurer and executed by the Finance Director. All wire transfers initiated by the Finance Director must be reconfirmed by the appropriate financial institution to the Accounting Technician and approved by the Treasurer. Timely bank reconciliation is conducted to ensure proper handling of all transactions The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by the Finance Director and Accounting Technician on a monthly basis. Internal controls will be documented by staff.

5.0 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The Treasurer may select any financial institution/broker/dealer selected by credit worthiness that is authorized to provide investment services in the State of California. For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the FINRA Financial Industry Regulatory Authority.

6.0 AUTHORIZED INVESTMENTS

6.1 Investment Types The Town of Portola Valley is empowered by CGC 53601 et seq. to invest in the following:
▪ Local Agency Investment Fund (LAIF), a special fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum -allowed by the State. LAIF will have its own investment policy that will differ from the Town. ▪ United States Government Agency Bonds.
▪ United States Treasury Bills, Notes and Bonds.
▪ Mutual funds or exchange traded funds investing over 80% of assets in either:
o 1) short to medium term corporate bonds holding an average credit rating of “A” or better not to exceed 30% of surplus funds, or o 2) short to medium term Federal Agency or U.S. Government sponsored enterprise obligations.
▪ Pools and other investment structures incorporating investments permitted in CGC 53601 and 53635, such as Local Government Investment Pools sponsored by Counties and Joint Powers Authorities. 45 of 63
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These entities may have their own investment policy that will differ from that of the Town.
▪ Negotiable Certificates of Deposit issued by federally or state chartered banks or associations. No more than 30% of surplus funds can be invested in certificates of deposit.

Investment in derivatives of the above instruments shall require authorization by the Town Council. Any concentrated equity or bond holding (including any private note held by the Town), however obtained, must be sold and converted into approved investments as quickly as practicable, considering market liquidity and trading restrictions on such securities.

6.2 Collateralization All certificates of deposit must be collateralized by U.S.

Treasury obligations held by a third party with whom the Town has a current written custodial agreement. The Treasurer may waive this requirement up to the amount already insured by federal or state deposit insurance (FDIC).

7.0 APPROVAL AND REVISION
The Investment Policy shall be adopted by resolution of the Town of Portola Valley. The Policy will be reviewed as part of the annual budget process with any amendments to be approved by the Council.
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker, Assistant Town Manager

DATE: June 27, 2023
RE: Committee Applications

RECOMMENDATION
Staff recommends that the Town Council considers and/or appoints the following Committee applicants for appointments to the relevant committees.

DISCUSSION
The following members have submitted applications to join Town Committees. Each applicant has been shared with the committee chairs and with the relevant committee liaison.

The applicants are as follows:

Steve Ingebritsen: Geologic Safety Committee
Bob Wrucke: Geologic Safety Committee
Maryann Berkowitz: Parks and Recreation Committee

FISCAL IMPACT
There is no fiscal impact associated.

ATTACHMENT

1. Steve Ingebritsen Committee Application

2. Bob Wrucke Committee Application

3. Maryann Berkowitz Committee Application

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Corie Stocker, Assistant Town Manager
DATE: June 27, 2023
RE: Adopt Amended Emergency Preparedness Committee Charter

RECOMMENDATION
Staff recommends that the Town Council adopts or discusses the amended Emergency Preparedness Committee Charter.

DISCUSSION
At the May 4, 2023 meeting, the Emergency Preparedness Committee (EPC) approved, via vote, to amend their Committee Charter from 2019. There were edits within the Objective, Duties and Functions, and the Liaison and Coordiantion sections of the Charter.

FISCAL IMPACT
There is no fiscal impact associated.

ATTACHMENTS

1. 2019 EPC Charter

2. Edited redlined 2019 Charter

3. EPC Approved 2023 Charter Update

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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2019 Charter

EMERGENCY PREPAREDNESS COMMITTEE

OBJECTIVE
Ensure that the Town possesses adequate emergency response capabilities.

DUTIES AND FUNCTIONS

1. Develop and maintain appropriate plans and procedures for responding to various emergencies.

2. Ensure the existence of a network of volunteers, with adequate supplies and equipment, to respond to emergencies at the neighborhood level.

3. Recruit, organize, train and maintain a team of volunteers who can staff an Emergency Operations Center when Town staff are partially or wholly unavailable.

4. Procure and maintain stores of emergency equipment and supplies, such as shelter equipment and medical supplies, at appropriate centralized locations.

5. Ensure the existence of appropriate emergency communication facilities such as radio networks and telephone calling trees.

6. Provide to residents of the Town information and training in emergency topics.

7. Ensure that activities and procedures are consistent with the Standard Emergency Management System (SEMS).

RESPONSIBLE TO
Town Council

LIAISON AND COORDINATION
Director of Emergency Services – Town Manager
Law Enforcement, Fire and Medical Emergency Service Personnel San Mateo County Office of Emergency Services (OES)
Citizens Emergency Response and Preparedness Program (CERPP) Local Schools, Churches, Residential Associations and Other Organizations Neighboring Communities Other State and Local Emergency Services Personnel Town Council, Staff and Committees as required

MEMBERSHIP
Five to eleven members appointed by the Mayor with Council concurrence for one year terms.

Rotating Chair selected by Committee.

MEETINGS
Monthly, on the first Thursday of each month at 8:00 a.m. 52 of 63
Adopted by the Town Council 2/27/19
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2023 Revised Charter 4-26-23

EMERGENCY PREPAREDNESS COMMITTEE

OBJECTIVE
Advise and coordinate emergency response capabilities for the Town, providing information and physical resources for emergency preparedness and response.

DUTIES AND FUNCTIONS

1. Serve as primary Town resource for emergency response advice and coordination. Recommend appropriate plans and procedures for responding to various emergencies.

2. Coordinate with appropriate organizations to provide information and support to local groups so they can respond to emergencies at the neighborhood level.

3. Advise and collaborate on the coordination of the Town Emergency Operations Center with volunteers and WPV-CERT.

4. Coordinate with appropriate organizations to maintain stores of emergency equipment and supplies at appropriate centralized locations.

5. Recommend and support appropriate emergency communication equipment such as radio networks and the AM Radio.

6. Provide residents with information and education on emergency topics in coordination with WFPD.

7. Advise and coordinate, as requested, activities and procedures for consistency with best practices in Emergency Management.

8. Serve as primary liaison to WPV-Ready, WPV-CERT, and WFPD for emergency coordination, resident education, and communications. Preferably, at least one member of EPC should be a member of EPiC board, and at least one member of the EPC should be a member of the WPV-CERT Incident Management Team.

RESPONSIBLE TO
Town Council

LIAISON AND COORDINATION
● Director of Emergency Services – Town Manager
● Law Enforcement, Fire and Medical Emergency Service Personnel ● San Mateo County Department of Emergency Management
● EPiC, WPV Ready, and WPV CERT
● Local Schools, Churches, Residential Associations and Other Organizations Neighboring Communities Other State and Local Emergency Services Personnel, Town Council, Staff and Committees as required

MEMBERSHIP
Five to eleven members appointed by the Mayor with Council concurrence for one year terms.

Rotating Chair selected by Committee.

MEETINGS
Monthly, on the first Thursday of each month at 8:00 a.m. 54 of 63
2023 Charter - Redline of May 2023 v1.0 to 2019 version

EMERGENCY PREPAREDNESS COMMITTEE

OBJECTIVE
Ensure that the Town possesses adequate emergency response capabilities. Advise and coordinate emergency response capabilities for the Town, providing information and physical resources for emergency preparedness and response.

DUTIES AND FUNCTIONS

1. Serve as primary Town resource for emergency response advice and coordination.

Recommend Develop and maintain appropriate plans and procedures for responding to various emergencies.

2. Coordinate with appropriate organizations to provide information and support to local groups so they can Ensure the existence of a network of volunteers, with adequate supplies and equipment, to respond to emergencies at the neighborhood level.

3. Advise and collaborate on the coordination of the Town Emergency Operations Center with volunteers and WPV-CERT. Recruit, organize, train and maintain a team of volunteers who can staff an Emergency Operations Center when Town staff are partially or wholly unavailable.

4. Coordinate with appropriate organizations to maintain stores of emergency equipment and supplies Procure and maintain stores of emergency equipment and supplies, such as shelter equipment and medical supplies, at appropriate centralized locations.

5. Recommend and support appropriate emergency communication equipment such as radio networks and the AM Radio. Ensure the existence of appropriate emergency communication facilities such as radio networks and telephone calling trees.

6. Provide to residents withof the Town information and education ontraining in emergency topics in coordination with WFPD.

7. Advise and coordinate, as requested, Ensure that activities and procedures for consistency with best practices in Emergency Management. are consistent with the Standard Emergency Management System (SEMS).

RESPONSIBLE TO
Town Council

LIAISON AND COORDINATION
Director of Emergency Services – Town Manager
Law Enforcement, Fire and Medical Emergency Service Personnel 55 of 63
San Mateo County Department of Emergency Management Office of Emergency Services (OES) EPiC, WPV Ready, and WPV CERT Citizens Emergency Response and Preparedness Program (CERPP)
Local Schools, Churches, Residential Associations and Other Organizations Neighboring Communities Other State and Local Emergency Services Personnel Town Council, Staff and Committees as required

MEMBERSHIP
Five to eleven members appointed by the Mayor with Council concurrence for one year terms.

Rotating Chair selected by Committee.

MEETINGS
Monthly, on the first Thursday of each month at 8:00 a.m.

Adopted by the Town Council 2/27/19
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_________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cindy Rodas, Finance Director
Starla Jerome-Robinson, Consultant
Jim Saco, Fiscal Consultant
DATE: June 27, 2023
RE: FY 2023-24 Final Proposed Annual Budget

RECOMMENDATION
Staff recommends that the Town Council adopt the Final Proposed Budget for FY 2023-

24. SUMMARY OF CHANGES
Below is a list of edits and/or additions to the Proposed FY 2023-24 Budget as presented to the public and Town Council at its meeting held on June 14, 2023. The changes reflect input and feedback from members of council and the public. • Update title from Proposed FY 2023-24 Budget to Final Proposed FY 2023-24 • Increased the projected UUT revenue by $150,000 to more accurately reflect the 1% increase in General Fund revenue as well as an increase in overall usage.
• Reduced the Town Attorney line-item expenditure from $300,000 to $180,000 • Eliminate the General Fund expense (Capital Projects Fund 401) for Open Space Maintenance. This proposed expenditure has been reduced from $94,100 to $44,000 and will now be funded by the Open Space Fund (204). • A reduction of the Fuel Mitigation Program by 25% from $303,000 to $227,250 • Freeze funding for the vacant Maintenance Worker I position of $77,071, as a result, updated Public Works Department staff salaries and benefits costs. • Incorporate the updated Sheriff’s Contract extension from three months to six months under the existing FY 2022-23 rates for an additional discount of $213,185 as negotiations for the final FY 2023-24 agreement continue. • Eliminate expenditure of $80,073 carried over from the FY 2022-24 budget (Gas Tax Fund 206) requiring subsequent General Fund operational support.

TOWN OF PORTOLA VALLEY

STAFF REPORT

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• Eliminate the Capital Improvement Project at the Town Center to Renovate the playground walkway of $20,000.
• Reduced the expenditure line item for Landscape Supplies and Services from $60,000 to $20,000.
• Reduced the expenditure line item for Engineer Services by half from $65,000 to $32,500.
• Corresponding updates to Sources and Requirements Pie Charts for All Funds and General Fund as well as Fund Activity Summary and Revenues and Expenditures by Governmental Fund documents to factor all budget changes and incorporate the decrease in Fund Balance requirements.

NEXT STEPS
The Fiscal Year 2023-24 budget will require additional analysis throughout the year to further assess and link resources to Town Council priorities, as well as an ability to conform to state mandates and regulations. Staff anticipates providing a mid-year budget update.

LINK TO PROPOSED BUDGET:
https://stories.opengov.com/portolavalleyca/published/wmu5TIfZh 58 of 63
RESOLUTION NO.____-2023

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF PORTOLA VALLEY ADOPTING THE OPERATING
AND CAPITAL BUDGETS FOR FISCAL YEAR 2023-24
WHEREAS, the Town Manager has reviewed and analyzed the Town of Portola Valley's finances and has projected revenues and expenditures for Fiscal Year 2023-24; WHEREAS, the Town Manager presented the proposed budget to the Town’s Finance Committee on June 9, 2023 and to the Town Council on June 14, 2023 for review and consideration; and
WHEREAS, the Town Council conducted a noticed public hearing on June 27, 2023 to review the proposed operating and capital budget.

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

1. To adopt the Town's Fiscal Year 2023-24 operating and capital budgets, overall reflecting the following:
a. Projected revenues: $10,106,537
b. Projected expenditures & transfers: $11,398,011

2. The budget shall be effective July 1, 2023.

3. The amount of the 2023-2024 Fiscal Year operating and capital budget for each account area of the budget may be drawn upon in the form of warrants issued for payment of demands and certified in accordance with the provisions of the California Government Code Sections 37208 and 37209.

4. The Town Manager shall periodically report to the Town Council the amount and classification of revenues received and expenditures made.

5. A copy of the adopted budget shall be kept on file with the Town Clerk of the Town of Portola Valley, as the official budget of the Town of Portola Valley for the 2023-2024 Fiscal Year.

REGULARLY PASSED AND ADOPTED this 27th day of June 2023. _____________________________
Mayor
ATTEST
__________________
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty MD
DATE: June 21,2023
RE: C/CAG

CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY AthertonBelmontBrisbaneBurlingameColmaDaly CityEast Palo AltoFoster CityHalf Moon BayHillsboroughMenlo Park MillbraePacificaPortola ValleyRedwood CitySan BrunoSan CarlosSan MateoSan Mateo CountySouth San FranciscoWoodside RMCP Committee Meeting
Resource Management and Climate Protection Committee (RMCP) Agenda in green and comments in red:

BAWSCA Water Supply report (provided by BAWSCA, Tom Francis) Presentation on the Tuolumne River ecosystem, water rights, and a non-governmental organization’s assessment of how to balance water supply with Bay-Delta ecosystem needs. (Peter Dreckmeier, Tuolumne River Trust)
Presentation on West Bay Sanitary District water recycling project supplying Sharon Height Golf Course. (Sergio Ramirez, West Bay Sanitary District Jed (West Bay Sanitation- water resources) presented on reusing water from Woodside and Portola Valley, Recycling plants are being installed by heavy users of water - golf courses, SLAC -to clean and sanitize waste water for irrigation, toilet flushing and cooling. No odor, no color. I look forward to learning more about waste water, Bay Health and One Water,

TOWN OF PORTOLA VALLEY
Committee Liaison Report

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: June 17,2023
RE: Planning Commission
I am disappointed to report that the Planning Commission has not convene since May 3rd. In light of the approaching fire season and the prioritization of the Safety Element by the Town Council, all committees, and the residents we look forward to the Planning commission meeting on a regular basis to be informed, review and support the town’s work on important topics.

M. Hufty

TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report

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There are no written materials for
this item
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Portola Valley City CouncilJune 27, 2023

Portola Valley City Council
June 27, 2023