Agenda packet — Portola Valley City Council, September 13, 2023 (part 1 of 2)

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, September 13, 2023
7:00 P.M.

Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember

HYBRID MEETING
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 of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record. Additionally, 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 their phone to "raise your hand" and *6 to mute/unmute themselves. 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- REGULAR 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 tonight on items not on the agenda. Each speaker’s time is limited to three minutes.

3. CONSENT AGENDA
a. Approval of Minutes - Regular Meeting Minutes of August 23, 2023 b. Approval of Warrant Lists- 8/23/23, 8/28/23, and 9/3/23 c. Approval of Contract Amendment #3 Agreement for Zoning Code Update ConsultantLisa Wise Consulting, Inc. d. Approval of Contracts for Planning and Building Department Services

VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
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Town of Portola Valley – Council Agenda
September 13, 2023

Page 2 of 2 ends

4. REGULAR AGENDA-PUBLIC HEARING
a. Receive Housing Element Update from Planning and Building Director- Town Council to review the information provided by staff and, provide direction on a contract amendment with Urban Planning Partners for continued Housing Element work b. Review draft resolution to ratify Ordinance No. 13-2023 of the Woodside Fire Protection District
c. Review and Discuss Colleagues Memo from Councilmembers Hasko and Taylor entitled “Housing Element Post-Adoption Plan Subcommittee”, potential adoption of updated Post-Adoption Plan or elements thereof
d. Review and Discuss Colleagues Memo from Mayor Aalfs entitled “Report from subcommittee on Evacuation Plan review”, potential implementation and subcommittee authorization

5. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.

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

7. ADJOURNMENT
The next Regular Town Council meeting will be held on September 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.
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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

1. CALL TO ORDER 7:00 PM

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

Absent: Councilmember Taylor

2. ORAL COMMUNICATIONS
The following spoke during oral communications:
• Judith Mendelsohn
• Jerry Shefren
• John Silver
• Rita Comes
• Serra Sembeck
• David Cardinal
• Caroline Vertongen
• Dan (no last name provided)
• Kristi Corley

3. CONSENT AGENDA
a. Approval of Minutes for Regular Meeting of August 9, 2023 b. Approval of Reclassification of Assistant to the Town Manager to Senior Management Analyst
Councilmember Hufty pulled item 3 a. from the Consent Agenda for possible correction of public comment section
Councilmember Hasko pulled item 3 b. for further discussion Vice Mayor Wernikoff made a motion, seconded by Councilmember Hasko, to approve the 3 a. on the Consent Agenda. The motion carried by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hasko, and Hufty Nays: None
Vice Mayor Wernikoff made a motion, seconded by Councilmember Hufty. The motion carried by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, and Councilmember Hufty Nays: Councilmember Hasko
The following spoke during public comment:
• Rita Comes
• Caroline Vertongen
• John Silver
• Betsy Morgenthaler
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Minutes of the August 23, 2023, Regular Town Council Meeting

Page 2 of 2 ends

4. REGULAR AGENDA
a. Approval of Town Manager Appointment and Employment Agreement The following spoke during public comment:
• Ron Eastman
• Caroline Vertongen
• David Cardinal
• Rita Comes
• Danna B.

Councilmember Hufty made a motion, seconded by Vice Mayor Wernikoff. The motion carried by the following vote:

Ayes: Mayor Aalfs, Vice Mayor Wernikoff, Councilmembers Hasko and Hufty Nays: None

5. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS • Councilmember Hasko reported on the Trails & Paths meeting • Councilmember Hufty reported on the Conservation Committee meeting • Mayor Aalfs reported on the Geologic Safety Committee meeting The following spoke during public comment:
• Caroline Vertongen
• Bob Adams

6. INTERIM TOWN MANAGER REPORT
Interim Town Manager, Howard Young, gave a speech to express gratitude to the Council and Town Staff for their support. Howard Young will go back to serving in his Director of Public Works capacity and welcomed the new Town Manager, Sharif Etman to the team.

7. ADJOURNMENT
At 8:33 PM, the Mayor adjourned the August 23, 2023 meeting. The next regular Town Council meeting will be held on September 13, 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.
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apadatecr2 Town of Portola Valley sahmad 08/23/2023 10:12 Page 1 A/P Check Register Checks from to
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 910-11011-000
3387 08/18/23 ADOBE INC. 2,905.20 O Regular3388 08/18/23 BANK OF AMERICA 12,527.93 V EFTPS3389 08/18/23 SCA OF CA, LLC 5,235.03 O Regular3390 08/18/23 COTTON SHIRES & ASSOC. INC. 22,956.83 O Regular3391 08/18/23 CSG CONSULTANTS INC 19,148.75 O Regular3392 08/18/23 GOOD CITY COMPANY 28,496.25 O Regular3393 08/18/23 INTERSTATE TRAFFIC CNTRL 2,581.25 O Regular3394 08/18/23 KRUPKA CONSULTING 4,200.00 O Regular3395 08/18/23 MIRANDAS LANDSCAPE 13,633.00 O Regular3396 08/18/23 NOLTE ASSOCIATES INC 15,890.38 O Regular3397 08/18/23 PITNEY BOWES INC. 170.63 O Regular3398 08/18/23 RON RAMIES AUTOMOTIVE INC. 597.71 O Regular3399 08/18/23 WOODSIDE & PORTOLA PRIVATE 950.00 O Regular3400 08/18/23 WOODSIDE FIRE PROTECTION DISTR 2,160.00 O Regular3401 08/18/23 COUNTY OF SAN MATEO - HR DEPT 750.00 O Regular3402 08/18/23 MUNICIPAL RESOURCE GROUP, LLC 1,800.00 O Regular3403 08/18/23 LISA WISE CONSULTING 10,762.50 O Regular3404 08/18/23 STEPFORD 33,657.72 O Regular3405 08/18/23 UNITED MECHANICAL INC 1,389.00 O Regular3406 08/18/23 PECKHAM & MCKENNEY 10,833.33 O Regular3407 08/18/23 RENAISSANCE LEADER 1,575.00 O Regular3408 08/18/23 ARMENTO AND HYNES, LLP 4,312.50 O Regular3409 08/21/23 BANK OF AMERICA 12,527.93 R EFTPS3410 08/21/23 CAPIO 275.00 O Regular3411 08/21/23 CCAG 16,011.00 O Regular3412 08/21/23 CHARGEPOINT 1,380.00 O Regular3413 08/21/23 EXCEL LD 18.17 O Regular3414 08/21/23 GREEN HALO SYSTEMS 114.00 O Regular3415 08/21/23 HILLYARD INC 543.55 O Regular3416 08/21/23 J. W. ENTERPRISES 542.88 O Regular3417 08/21/23 LYNX TECHNOLOGIES INC 675.00 O Regular3418 08/21/23 N.C.E. 10,158.75 O Regular3419 08/21/23 PLATINUM FACILITY SERVICES 7,896.68 O Regular3420 08/21/23 RON RAMIES AUTOMOTIVE INC. 385.49 O Regular3421 08/21/23 SPARTAN ENGINEERING 514.71 O Regular3422 08/21/23 VERIZON WIRELESS 489.84 O Regular3423 08/21/23 WOODSIDE FIRE PROTECTION DISTR 3,913.04 O Regular3424 08/21/23 W H DEMPSEY ENGINEERING LLC 2,850.00 O Regular3425 08/21/23 CYBERTARY.COM 122.10 O Regular3426 08/21/23 CRUZ STRATEGIES 625.00 O Regular3427 08/21/23 STEPFORD 4,401.00 O Regular3428 08/21/23 PORTER CAPITAL CORPORATION 22,000.00 O Regular3429 08/21/23 PECKHAM & MCKENNEY 9,333.34 O Regular3430 08/21/23 MISTERSOFTEENORCAL 837.00 O Regular 23 of 511
apadatecr2 Town of Portola Valley sahmad 08/23/2023 10:12 Page 2 A/P Check Register Checks from to
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type 3431 08/21/23 GARY KORNAHRENS 33.00 O Regular
apadatecr2 Town of Portola Valley sahmad 08/23/2023 10:12 Page 2 A/P Check Register Checks from to
43 Checks total: 267,124.63
0 ACH total:1 EFTPS total: 12,527.930 Wire transfer total:0 Payment Manager total:
44 GRAND TOTALS 279,652.56
24 of 511
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apapdinv2 sahmad Town of Portola Valley Page 1
10:21 08/23/23 Paid Invoices by Date
From: 08/18/2023 to 08/23/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 11 ADOBE INC.
08/18/23 3387 Acrobat Pro Subscription Renewal 07/1/2023 - 06/30/2024 2,905.20 2,905.20 2490347781 Vendor: 44 BANK OF AMERICA
3388 May Statement 12,527.93 3,901.82 1388-MAY23
June Statement 8,626.11 1388-JUNE23
Vendor: 121 SCA OF CA, LLC
3389 June Qrtly Litter/Street Clean 5,235.03 5,235.03 106441CS Vendor: 129 COTTON SHIRES & ASSOC. INC.
3390 June 2023 Applicant Charges 22,956.83 22,956.83 2023-JUNE Vendor: 135 CSG CONSULTANTS INC
3391 June Code Enforcement, Bldg Svcs, Stormwater C4 Inspection 19,148.75 19,148.75 JUNE-2023 Vendor: 195 GOOD CITY COMPANY
3392 Planning Consultant Services - June 2023 28,496.25 28,496.25 3188 Vendor: 227 INTERSTATE TRAFFIC CNTRL
3393 Various Road and Traffic Signs 2,581.25 2,581.25 257372 Vendor: 275 KRUPKA CONSULTING
3394 Speed Surveys & Flashing Beacons 4,200.00 4,200.00 1366 Vendor: 324 MIRANDAS LANDSCAPE
3395 April/May/June Landscape Maintenance Services 13,633.00 5,293.00 3203 April/May/June Landscape Maintenance Services 8,340.00 3259 Vendor: 334 NOLTE ASSOCIATES INC
3396 May Applicant Charges & PW Support 15,890.38 15,890.38 MAY-2023 Vendor: 373 PITNEY BOWES INC.
3397 Postage Meter Rental, 02/27/2023-05/29/2023 170.63 170.63 1023075226 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3398 June Fuel Statement 597.71 597.71 G20230630-4
Vendor: 504 WOODSIDE & PORTOLA PRIVATE
3399 PV Palooza Traffic Control, 6/10/2023 950.00 950.00 190875 Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3400 6/1/23-6/30/23 Fuel Mitigation Support Crew/Veg Mgmt 2,160.00 2,160.00 WFPD CREW~1018 25 of 511
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apapdinv2 sahmad Town of Portola Valley Page 2
10:21 08/23/23 Paid Invoices by Date
From: 08/18/2023 to 08/23/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 511 COUNTY OF SAN MATEO - HR DEPT
3401 Employee/Labor Relations Svcs - 08/22 - 06/2023 750.00 750.00 PVELRJUN23 Vendor: 673 MUNICIPAL RESOURCE GROUP, LLC
3402 Personnel Policy Manual Updated 1,800.00 1,800.00 03-23-595 Vendor: 847 LISA WISE CONSULTING
3403 Professional Services: June 2023 10,762.50 10,762.50 4576 Vendor: 860 STEPFORD
3404 Titan HQ set-up and support, June 2023 33,657.72 2,666.50 2301343 SOPHOS Firewall CIP Project 19,966.49 2301428SOPHOS Firewall CIP Project 6,389.95 2301427Council Chambers, IT set-up 1,284.78 2301407Titan HQ Email Archiving set-up/support/subscription 3,200.00 2301344Onsite IT Support - June 2023 150.00 2306375 Vendor: 914 UNITED MECHANICAL INC
3405 Community Hall HVAC Repair 1,389.00 1,389.00 79486 Vendor: 989 PECKHAM & MCKENNEY
3406 Professional Svcs, Town Manager Recruitment (2 of 3) 10,833.33 9,333.33 2 TM Town-Wide Community Survey and Report 1,500.00 3
Vendor: 1011 RENAISSANCE LEADER
3407 Executive Coaching, 4 months (1 of 2) 1,575.00 1,575.00 3163 Vendor: 1034 ARMENTO AND HYNES, LLP
3408 Legal Services, June 2023 4,312.50 4,312.50 2023-1 Check Date Totals 196,533.01
Vendor: 44 BANK OF AMERICA
08/21/23 3409 May Statement 12,527.93 3,901.82 1388-MAY23.R June Statement 8,626.11 1388-JUNE23.R
Vendor: 82 CAPIO
3410 Membership Renewal - Professional (through August 06, 2024) 275.00 275.00 18687 Vendor: 92 CCAG
3411 General Fund Assessment 16,011.00 16,011.00 22045
Vendor: 96 CHARGEPOINT
3412 Equipment services contract 1,380.00 1,380.00 IN206533 26 of 511
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apapdinv2 sahmad Town of Portola Valley Page 3
10:21 08/23/23 Paid Invoices by Date
From: 08/18/2023 to 08/23/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 176 EXCEL LD
3413 July Telephone LD Services 18.17 18.17 1196814101
Vendor: 203 GREEN HALO SYSTEMS
3414 Monthly Hosting and Access per month - July.-2023 114.00 114.00 4370 Vendor: 213 HILLYARD INC
3415 Janitorial Supplies 543.55 543.55 605188133
Vendor: 234 J. W. ENTERPRISES
3416 Handicap Unit Rental & Services 542.88 229.44 252025 Handicap Unit Rental & Services 313.44 252024
Vendor: 295 LYNX TECHNOLOGIES INC
3417 GIS Professional Services in June and July 675.00 675.00 9962 Vendor: 332 N.C.E.
3418 Professional Fees 10,158.75 10,158.75 424265504
Vendor: 375 PLATINUM FACILITY SERVICES
3419 Janitorial Services - July 2023 7,896.68 4,488.67 46922 Janitorial Services - July 2023. Fridays disinfection svcs 448.01 46923Annual Deep Clean, Town Hall/Library/Comm Hall 2,960.00 46990 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3420 2013 Ford F-150, Oil Change Parts & Labor 385.49 385.49 74148 Vendor: 441 SPARTAN ENGINEERING
3421 Alarm Panel Maintenance, T&M 514.71 514.71 25130
Vendor: 489 VERIZON WIRELESS
3422 July Cellular 489.84 489.84 9940497936
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3423 7/1/23-7/31/23 Fuel Mitigation Support Crew/Veg Mgmt 3,913.04 3,913.04 WFPD CREW~1019 Vendor: 545 W H DEMPSEY ENGINEERING LLC
3424 Fuel Mitigation Program - July Town Owned Property Mowing 2,850.00 2,850.00 1764 Vendor: 642 CYBERTARY.COM
3425 July Transcription Services 122.10 122.10 4725
Vendor: 690 CRUZ STRATEGIES
3426 Government Relations Work - August 2023 625.00 625.00 2831 27 of 511
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apapdinv2 sahmad Town of Portola Valley Page 4
10:21 08/23/23 Paid Invoices by Date
From: 08/18/2023 to 08/23/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 860 STEPFORD
3427 Veeam Backup and Replication for Disaster Recovery - July 20 4,401.00 453.00 2301329 Monthly Service Charges 07/01/2023 THRU 07/31/2023 3,920.00 2301327MS365, July 2023 28.00 2301328 Vendor: 949 PORTER CAPITAL CORPORATION
3428 Conversion Rate per Contract, S. Khalid 22,000.00 22,000.00 7084 Vendor: 989 PECKHAM & MCKENNEY
3429 Professional Svcs, Town Manager Recruitment (3 of 3) 9,333.34 9,333.34 4 Vendor: 1033 MISTERSOFTEENORCAL
3430 Town Picnic Dessert/Refreshment Svcs 837.00 837.00 3351 Vendor: 1035 GARY KORNAHRENS
3431 Reimbursement, SMC Recording Fees - Code Violation 33.00 33.00 0000533 Check Date Totals 95,647.48
Grand Total 292,180.49
Bofa EFTPS payment 6/30/2023 12527.93Total 279,652.56 - 28 of 511

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
August 23, 2023
Claims totaling $279,652.56 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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apachreg Town of Portola Valley sahmad 08/28/2023 16:53 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3432 80 CALPERS 46,335.25 08/28/23 EFTPS3433 262 JORGENSON SIEGEL MCCLURE & FLE 843.75 08/28/233434 275 KRUPKA CONSULTING 1,575.00 08/28/233435 276 KUTZMANN & ASSOCIATES 79,210.65 08/28/233436 323 MIG-TRA 390.00 08/28/233437 332 N.C.E. 112.50 08/28/233438 484 TYLER TECHNOLOGIES INC 39,898.00 08/28/233439 730 URBAN PLANNING PARTNERS INC 109,138.52 08/28/233440 1016 SHUTE, MIHALY & WEINBERGER LLP 38,890.25 08/28/233441 1036 BAKER TILLY US, LLP 4,000.00 08/28/23Check totals: 274,058.67ACH totals:EFTPS totals: 46,335.25Wire transfer totals:Payment Manager totals:GRAND TOTALS 320,393.92Check totals: 274,058.67ACH totals:EFTPS totals: 46,335.25Wire transfer totals:Payment Manager totals:GRAND TOTALS 320,393.92 30 of 511
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apapdinv2 sahmad Town of Portola Valley Page 1
10:33 08/29/23 Paid Invoices by Date
From: 08/28/2023 to 08/28/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 80 CALPERS
08/28/23 3432 May Retirement- CLASSIC 46,335.25 12,818.32 100000017140876 May Retirement- PEPRA 10,565.59 100000017140897June Retirement- CLASSIC 12,385.75 100000017171520June Retirement- PEPRA 10,565.59 100000017171543 Vendor: 262 JORGENSON SIEGEL MCCLURE & FLE
3433 June Statement 843.75 843.75 JUNE-2023
Vendor: 275 KRUPKA CONSULTING
3434 On-Call Traffic & Transportation - June 2023 1,575.00 1,575.00 1372 Vendor: 276 KUTZMANN & ASSOCIATES
3435 FY22-23_Outstanding_Invoices_Recon 79,210.65 79,210.65 FY22-23_REV Vendor: 323 MIG-TRA
3436 Consulting Svcs 02/01/23 to 02/28/23, PV Ranch Frog Pond 390.00 390.00 0080010 Vendor: 332 N.C.E.
3437 2022/2023 Street Resurfacing Services Through 06/30/2023 112.50 112.50 424275512 Vendor: 484 TYLER TECHNOLOGIES INC
3438 EnerGov Software Support & Maintenance 03/1/22 - 02/28/23 39,898.00 14,699.00 025-380902 EnerGov Software Support & Maintenance 07/1/22 - 02/28/23 4,200.00 025-382481EnerGov Software Support & Maintenance 03/1/23 - 02/28/24 20,999.00 025-411680 Vendor: 730 URBAN PLANNING PARTNERS INC
3439 PV Housing Element Update- Feb 109,138.52 47,603.75 21029-230228R PV Housing Element Update- Mar 5,587.50 21029-230331PV Housing Element Update- May 7,708.75 21029-230531PV Housing Element Update- Feb 3,518.10 21031-230228PV Housing Element Update- Jan 23,253.37 22008-230131PV Housing Element Update- Feb 21,467.05 22008-230228R Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
3440 June Legal Service 38,890.25 38,890.25 JUNE-23-SMW Vendor: 1036 BAKER TILLY US, LLP
3441 Placement fee for Interim City Clerk 4,000.00 4,000.00 BT2453505 Check Date Totals 320,393.92
Grand Total 320,393.92
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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
August 28, 2023
Claims totaling $320,393.92 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 32 of 511
apadatecr2 Town of Portola Valley sahmad 09/08/2023 09:55 Page 1 A/P Check Register Checks from to
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 910-11011-000
3442 09/08/23 AT&T 330.40 O Regular3443 09/08/23 BILL HAMILTON ROOFING 1,000.00 O Regular3444 09/08/23 CALIFORNIA WATER SERVICE CO 14,975.99 O Regular3445 09/08/23 CALPERS 8,524.28 R EFTPS3446 09/08/23 CITY OF BRISBANE 455.00 O Regular3447 09/08/23 COMCAST 492.18 R EFTPS3448 09/08/23 EXCEL LD 18.17 O Regular3449 09/08/23 FRIENDLY PONY PARTIES 2,500.00 O Regular3450 09/08/23 GEORG SCHUELE 82.02 O Regular3451 09/08/23 HILLYARD INC 255.60 O Regular3452 09/08/23 INTERSTATE TRAFFIC CNTRL 108.81 O Regular3453 09/08/23 J. W. ENTERPRISES 542.88 O Regular3454 09/08/23 LYNX TECHNOLOGIES INC 675.00 O Regular3455 09/08/23 MAZE & ASSOCIATES 6,600.00 O Regular3456 09/08/23 NOLTE ASSOCIATES INC 20,438.89 O Regular3457 09/08/23 PARTY WITH 630 2,780.00 O Regular3458 09/08/23 PERS HEALTH 35,843.57 R EFTPS3459 09/08/23 PG&E 1,756.14 R EFTPS3460 09/08/23 PITNEY BOWES INC. 170.63 O Regular3461 09/08/23 PLAN JPA 187,906.00 O Regular3462 09/08/23 PLATINUM FACILITY SERVICES 4,488.67 O Regular3463 09/08/23 RON RAMIES AUTOMOTIVE INC. 473.89 O Regular3464 09/08/23 SMALL BUSINESS BENEFIT PLAN TR 2,230.80 O Regular3465 09/08/23 STANDARD INSURANCE CO. 487.81 O Regular3466 09/08/23 WESTRIDGE ARCHITECTURAL 120.00 O Regular3467 09/08/23 WOODSIDE FIRE PROTECTION DISTR 10,236.27 O Regular3468 09/08/23 GOT GOPHERS? 2,100.00 O Regular3469 09/08/23 BAY AREA FACE PAINTERS 790.00 O Regular3470 09/08/23 TODD JOHNSON 599.00 O Regular3471 09/08/23 STEPFORD 6,567.56 O Regular3472 09/08/23 JARVIS FAY LLP 7,529.50 O Regular3473 09/08/23 PORTER CAPITAL CORPORATION 5,784.00 O Regular3474 09/08/23 BAY AREA REROOFING 1,000.00 O Regular3475 09/08/23 SAMEER SAYED 1,000.00 O Regular3476 09/08/23 DONAVON PARK 1,000.00 O Regular3477 09/08/23 KHIEM DO 1,500.00 O Regular 33 of 511
apadatecr2 Town of Portola Valley sahmad 09/08/2023 09:55 Page 2 A/P Check Register Checks from to
32 Checks total: 284,746.89
0 ACH total:4 EFTPS total: 46,616.170 Wire transfer total:0 Payment Manager total:
36 GRAND TOTALS 331,363.06
34 of 511
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apapdinv2 sahmad Town of Portola Valley Page 1
10:20 09/08/23 Paid Invoices by Date
From: 09/08/2023 to 09/13/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 41 AT&T
09/08/23 3442 July Statement 330.40 52.38 000020339719
July Statement 225.64 000020339720July Statement 52.38 000020339721 Vendor: 55 BILL HAMILTON ROOFING
3443 Deposit Refund, 4662 Alpine 1,000.00 1,000.00 BLDR0080-2023 Vendor: 78 CALIFORNIA WATER SERVICE CO
3444 Water Service 07/13/23 - 08/13/23 14,975.99 14,975.99 JULY-2023 Vendor: 80 CALPERS
3445 August Unfunded Liability 8,524.28 7,824.28 100000017245419 GASB 68 Reports, Classic & PEPRA 700.00 100000017250660 Vendor: 108 CITY OF BRISBANE
3446 FY23 -24 SMC Training Consortium Membership Dues 455.00 455.00 INV00484 Vendor: 124 COMCAST
3447 WIFI-07.16.2023-08.15.2023 492.18 492.18 7290-JULY23 Vendor: 176 EXCEL LD
3448 August Telephone LD Services 18.17 18.17 1196951220 Vendor: 184 FRIENDLY PONY PARTIES
3449 Town Picnic, Petting Zoo/Ponies 2,500.00 2,500.00 09232023 Vendor: 189 GEORG SCHUELE
3450 Reimbursement - WHRMD Clean Up 82.02 82.02 REIMB_09-29-23 Vendor: 213 HILLYARD INC
3451 Janitorial Supplies 255.60 255.60 844127455
Vendor: 227 INTERSTATE TRAFFIC CNTRL
3452 Street Signs 108.81 108.81 258848
Vendor: 234 J. W. ENTERPRISES
3453 Handicap Unit Rental & Services 542.88 229.44 252719 Handicap Unit Rental & Services 313.44 252718
Vendor: 295 LYNX TECHNOLOGIES INC
3454 GIS Professional Services in August 675.00 675.00 9983 Vendor: 307 MAZE & ASSOCIATES
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10:20 09/08/23 Paid Invoices by Date
From: 09/08/2023 to 09/13/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
09/08/23 3455 Audit Svcs - Annual FTR Town Reports, FYE 06/30/2022 6,600.00 6,600.00 50257 Vendor: 334 NOLTE ASSOCIATES INC
3456 June Applicant Charges & PW Support 20,438.89 19,346.39 JUNE-2023 June Applicant Charges & PW Support - Remaining 1,092.50 JUNE-2023-2 Vendor: 353 PARTY WITH 630
3457 Town Picnic, Inflatables/Equipment Rentals 2,780.00 2,780.00 44826 Vendor: 364 PERS HEALTH
3458 August Health 35,843.57 15,546.57 100000017234843
September Health 20,297.00 100000017257795
Vendor: 367 PG&E
3459 June & July Statements 1,756.14 1,756.14 JUN-2023
Vendor: 373 PITNEY BOWES INC.
3460 Postage Meter Rental, 05/30/2023-08/29/2023 170.63 170.63 1023640864 Vendor: 374 PLAN JPA
3461 FY23-24 Gen Liability/Property Program Contributions 187,906.00 187,906.00 PLAN-2023-0258 Vendor: 375 PLATINUM FACILITY SERVICES
3462 Janitorial Services - August 2023 4,488.67 4,488.67 47105 Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3463 July Fuel Statement 473.89 473.89 G20230731-5
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
3464 September Dental/Vision 2,230.80 2,230.80 SEPT-2023 Vendor: 445 STANDARD INSURANCE CO.
3465 LTD/Life Premium 487.81 487.81 2023-AUG
Vendor: 499 WESTRIDGE ARCHITECTURAL
3466 2023 Annual Assessment 120.00 120.00 WASC-2023
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3467 CERRP Coordinator July - September 2023 10,236.27 10,236.27 136_PV Vendor: 518 GOT GOPHERS?
3468 Town Fields Gopher Trapping- July 2023 2,100.00 1,050.00 48918 Town Fields Gopher Trapping- August 2023 1,050.00 50607 36 of 511
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10:20 09/08/23 Paid Invoices by Date
From: 09/08/2023 to 09/13/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 708 BAY AREA FACE PAINTERS
3469 Henna Artist/ Face Painter for Picnic on 09/23/2023 790.00 790.00 09232023 Vendor: 840 TODD JOHNSON
3470 Town Picnic, Musician/Sound Equipment 599.00 599.00 09232023 Vendor: 860 STEPFORD
3471 Monthly Service Charges 08/01/2023 THRU 08/31/2023 6,567.56 3,920.00 2301387 Monthly Service Charges 08/01/2023 THRU 08/31/2023 28.00 2301388Veeam Backup and Replication for Disaster Recovery - Aug 20 453.00 2301389Monitor with Adjustable Base 1,491.56 2301423Onsite & Remote Field Services - July 675.00 2306410 Vendor: 946 JARVIS FAY LLP
3472 Legal Services - Housing Element July 7,529.50 7,529.50 17873 Vendor: 949 PORTER CAPITAL CORPORATION
3473 Temp Service, H. Singh 7/24/23-7/30/23 5,784.00 1,980.00 7095 Temp Service, H. Singh 7/31/23-8/6/23 1,980.00 7124Temp Service, S. Ahmad 7/24/23-7/30/23 1,824.00 7096 Vendor: 1037 BAY AREA REROOFING
3474 Deposit Refund, 128 Santa Maria Ave 1,000.00 1,000.00 BLDR0076-2023 Vendor: 1038 SAMEER SAYED
3475 Deposit Refund, 15 Cordova 1,000.00 1,000.00 BLDR0093-2023 Vendor: 1039 DONAVON PARK
3476 Deposit Refund, 570 Wayside 1,000.00 1,000.00 BLDM0003-2023 Vendor: 1040 KHIEM DO
3477 Reimbursement - WHRMD Clean Up 1,500.00 1,500.00 09232023 Check Date Totals 331,363.06
Grand Total 331,363.06
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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
September 13, 2023
Claims totaling $331,363.06 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: Laura Russell, Planning & Building Director
Adrienne Smith, Senior Planner
DATE: September 13, 2023
RE: Contract Amendment #3 Agreement for Zoning Code 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 continue to implement the Zoning Code amendments and create new Objective Design Standards as required by five of the Town’s Housing Element programs.

BACKGROUND
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 implement certain recommendations from the Housing Element Update including zoning code amendments and Objective Design Standards (ODS).

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:
• Phase 1: Preparation of Conceptual Site Plans for sites proposed for multi-family housing in the Draft Housing Element.
• Phase 2: Amend Title 18 of the Portola Valley Municipal Code required to implement the Housing Element.
• Phase 3: Preparation of objective design standards (to be initiated after the completion of Phase 2).

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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Housing Element Consultant Services September 13, 2023

Page 2 ends

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.

On August 10, 2022, Council authorized Amendment #1 to allow Lisa Wise to begin work on Phase 2 with a budget of $120,963. Phase 2 implements the Housing Element recommendations related to zoning including the creation of new land use classifications (multi-family and mixed-use). Those recommendations are now represented in the current draft Housing Element per the following summarized programs:
• 1-1b: Create two new zoning districts that allows for multi-family housing at 2 to 4 du/acre and 3 to 20 du/acre to provide for development of housing at lower-income levels. Create multi-family development standards.
• 1-2a: Create a new zoning district that allows for mixed-use residential development with 4up to six 6 du/ac and would allow for up to 100% of building floor area to be dedicated to residential uses. Create mixed-use development standards.

Phase 3 – Objective Design Standards was to follow the completion of Phase 2 and is also included in the Housing Elements programs:
• 1-1c: Create Objective Design Standards for the new multi-family zoning districts to regulate building form and architectural details to create greater certainty in the design review process.
• 1-2b: Create Objective Design Standards for the new mixed-use zoning district to regulate building form and architectural details to create greater certainty in the design review process.

The above zoning code amendments and Objective Design Standards are also contemplated in Council Members Hasko and Taylor’s Post-Adoption Implementation Plan in Topic 2:

Zoning, Design Review Actions and Related GP Updates. Topic 2 includes the review of necessary zoning code amendments and objective design criteria in consistency with the Town’s General Plan.

As requested by Lisa Wise to further clarify Amendment #1, a simple Amendment #2 followed on September 26, 2022 to reflect the combined contract sum of Phase 1 and 2 as $145,963.

By October 2022 approximately half of the Phase 2 work was produced including the draft zoning code amendments. The Planning Commission reviewed the draft zoning amendments in concert with the draft Housing Element at its October 10, November 30 and December 2, 2022 meetings and made significant progress. At its December 14, 2022 meeting, Town Council decided the zoning code amendment review process would be placed on hold to focus on completion of the Housing Element.
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Housing Element Consultant Services September 13, 2023

Page 3 ends

DISCUSSION
Since Council adopted the Housing Element at its May 25, 2023 meeting, Lisa Wise assessed the remaining balance of its Phase Two work covered under the existing Agreement for Services (Attachment 2) and created a revised budget and scope of work reflecting the balance of Phase Two work and the creation of Objective Design Standards (Attachment 1). This revised Phase Two scope includes additional funds for public meetings, preparation of the Objective Design Standards document and additional working meetings with Town staff.

Objective Design Standards
Lisa Wise is currently refining a draft of the Objective Design Standards for the Town’s new multi-family and mixed-use housing sites identified in the Housing Element. The Objective Design Standards will address site design, building massing and scale and building design and will include illustrated diagrams of recommended building configurations (See Attachment 1 for further description of the scope of the Objective Design Standards).

Explanation of the previous, remaining and new budget for the Lisa Wise contract is as follows:

Phase Budget Status
Phase 1 $25,000 Completed
Phase 2 (includes
Amendments #1 and #2)
$120,963 Partially completed,
$65,321.75 remaining
budget
Phase 2 (Amendment #3) $71,280 Incomplete

FISCAL IMPACT
The Lisa Wise Phase 2 contract amendment #3 reflects a budget request of $71,280 for the amended Phase 2 scope of work. This amount will come out of the Town’s FY 2023-2024 budget, which includes $75,000 for the revised Phase 2 scope of work.

ATTACHMENTS

1. Proposed Agreement for Services - Amendment #3

2. Existing Agreement for Services Through Amendment #2 41 of 511
AMENDMENT NO. 3 TO AGREEMENT FOR

PROFESSIONAL PLANNING SERVICES BETWEEN

TOWN OF PORTOLA VALLEY AND LISA WISE CONSULTING
This Amendment 3 (“Amendment”) is made as of September 13, 2023 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 entered into Amendment 1 on August 10, 2022.

C. The Town and Consultant entered into Amendment 2 on September 26, 2022.

D. The Agreement dated April 13, 2022 and Amendment 1 and Amendment 2 are hereafter referred to, collectively, as the “Agreement.” E. The Town and Consultant desire to further modify theAgreement.

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.

2. Compensation. The compensation for services identified in Exhibit A is increased by $71,280 to an amended not to exceed amount of $192,243 for the entire Agreement.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 1 42 of 511
IN WITNESS WHEREOF, the parties have executed this Amendment 3 as of the date set forth above.

TOWN OF PORTOLA VALLEY: LISA WISE CONSULTING:

Jeff Aalfs, Mayor Lisa Wise
ATTEST:

Jennifer Torres, Town Clerk
2 43 of 511
Exhibit A - Scope, Budget and Schedule – Proposed Amendment #3 Portola Valley
Zoning Code Amendments
Scope, Budget and Schedule – Proposed Amendment #3
Prepared by Lisa Wise Consulting, Inc. (LWC)
September 5, 2023
This Scope, Budget, and Schedule describes the Proposed Amendment #3 to Phase 2 of Lisa Wise Consulting’s role in the implementation of the Town of Portola Valley’s 6th Cycle Housing Element Update. The Phase 2 scope initially anticipated a future Phase 3 contract in which LWC would draft Objective Design Standards. At the Town’s request, this proposed amendment to the Phase 2 scope includes the Objective Design Standards work, such that a future Phase 3 will no longer be needed.

The original Phase 2 scope and budget is provided as Attachment 1.

SCOPE OF SERVICES – PROPOSED AMENDMENTS

1. Adoption Hearings/Study Sessions. LWC will prepare slide decks for and attend up to six public meetings (adoption hearings or study sessions) to present Hearing Draft Zoning Amendments to decision-making bodies and the community and gather feedback to be reflected into the Final Zoning Amendments and Objective Design Standards. LWC’s attendance is anticipated to be virtual via a video conferencing platform.

Note: LWC has reallocated the remaining Task E budget from the previous Phase 2 contract of $4,990.00 to this Task G effort. See budget on page 3.

2. Final Zoning Amendments. Based on feedback from the Working Meetings with staff, Public Meetings, and Public Hearings, LWC will prepare Final Zoning Amendments. This proposal expands the original Task so that LWC may also address the Objective Design Standards described in tasks J, K and L below.

3. Zoning Map, Draft and Final. (no change)
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10. Administrative Draft Objective Design Standards (New). LWC will prepare draft Objective Design Standards for the Town’s housing sites identified in the May 2023 Housing Element. The Objective Design Standards will complement the development regulations of the new base districts and correspond closely to the specific building configurations for those sites developed in coordination with Town staff. LWC anticipates that the Objective Design Standards will address the following design elements:

Site design. Topics will include, for example, pedestrian access, parking access and open space design. Standards related to building placement will be included if not sufficiently addressed in the base zone development standards.

Building massing and scale. Standards will include, for example, upper story step-backs, roof form, privacy, and adjacencies to lower-intensity districts.

Building design. Topics will include, for example, façade articulation, building transparency, entry design, ground floor finish floor elevation, corner treatment, window placement and design, and building materials and colors.

The design standards will be illustrated using diagrams of the recommended building configurations developed in coordination with Town staff for the specific Housing Element sites. The standards will satisfy the State’s requirements for Objective Design Standards in accordance with SB330. LWC will also identify changes needed elsewhere in the Zoning Code to ensure consistency and accurate cross-referencing.

The Administrative Draft Objective Design Standards will be provided to the Town Staff in Word and PDF as “track changes” edits and additions to the existing Code sections.

Note: LWC has reallocated the remaining Task D budget of $3,257.50 of the previous Phase 2 contract to this Task J effort. See budget on page 3.

11. Public Draft Objective Design Standards (New). LWC will prepare a Public Review Draft of Objective Design Standards based on Town staff’s review of and comments on the Administrative Draft Objective Design Standards.

12. Working Meetings with Town Staff about the Objective Design Standards (4) (New).

LWC will attend up to four working meetings with the Town staff as needed to review and discuss the following:

Edits to the draft Zoning Amendments LWC prepared in 2022 required to reflect the May 2023 Housing Element, including the implementation of the Opt-In Housing Diversification program.
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Recommended buildout of, building configurations for, and diagrams of, four Housing Element Sites. These are anticipated to be 4370 Alpine Road (proposed rezone to the new MixedUse zone) and 4394 Alpine Road, Ladera Church, and Glen Oaks (proposed rezone to one of the two new Multi-Family zones).

The Draft Objective Design Standards.

All meetings are assumed to be conducted online via a video conferencing platform. 46 of 511

PHASING OF TASKS
• WEEKS 1-4
o Task J: Admin Draft Zoning Amendments - Administrative Draft of the Complete Zoning Amendments, including Objective Design Standards, to Staff
• Weeks 1-8
o Task L: Working Meetings with Staff – Discuss base zoning standards, rezoning of housing sites and objective design standards
• By End of Week 8
o Task K: Public Draft Zoning Amendments - Public Draft of the Complete Zoning Amendments, including Objective Design Standards, to Staff
• During Weeks 10
o Task E: Public Meeting – Minimal assistance to staff as needed • By end of Week 12
o Task F: Hearing Draft Zoning Amendments - Hearing Draft of the Complete Zoning Amendments, including Objective Design Standards, to Staff
• Week 13 through 32
o Task G: Adoption Hearings – Two-three each Planning Commission and Town Council meetings • Over Course of Final Four Weeks
o Task H: Final Zoning Amendments - Final Zoning Amendments reflecting comments received at the Task G hearings
• Over Course of Final Four Weeks
o Task I: Zoning Map - Updates to the Zoning Map to reflect re-zoning 47 of 511
BUDGET – PROPOSED AMENDMENTS
The estimated budget for this work is $71,280 based on the projected cost for each task as indicated in the worksheet below. 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.
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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 49 of 511
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 50 of 511
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 51 of 511
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 52 of 511
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.

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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

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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:

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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
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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.

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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.

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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 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.

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.

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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.

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).

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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.

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AMENDMENT NO. 2 TO AGREEMENT FOR

PROFESSIONAL PLANNING SERVICES BETWEEN

TOWN OF PORTOLA VALLEY AND LISA WISE CONSULTING
This Amendment 2 (“Amendment”) is made as of September 26, 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 parties entered into Amendment No. 1 on August 10, 2022.

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. Compensation. The compensation for services identified in Exhibit A of the Agreement is increased to a total not to exceed amount of $145,963.

2. 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 2 as of the date set forth above.

TOWN OF PORTOLA VALLEY: LISA WISE CONSULTING:
___________________________ __________________________
Craig Hughes, Mayor Lisa Wise
ATTEST:
___________________________
Melissa Thurman, Town Clerk
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
DATE: September 13, 2023
RE: Contract Approvals for Planning and Building Department Services

RECOMMENDATION
Staff recommends that the Town Council consider approving five contracts for as-needed planning, building and public works related services including building official, building plan check, code enforcement, inspection, and land use planning services.

BACKGROUND
As a small municipality, the Town depends on various specialized contractors to provide consulting services for many development review activities. Table 1 provides an overview of the proposed services and firms that would provide which service:

Table 1
Service Firm Not-to-Exceed Amount / Cost Terms
Planning & Building Services Good City Company
$45,000 and reimbursement of certain
costs through permit fees
Building Plan Review Interwest Reimbursed through permit fees Inspection CSG Consultants, Inc. Reimbursed through permit fees Code Enforcement CSG Consultants, Inc. $38,000
Land Use Planning CSG Consultants, Inc. Reimbursed through permit fees The Town had previously contracted with the firms listed above and desires to enter into new agreements with the firms instead of renewing the previous agreements. Staff recommends new agreements to improve the administration of the contracts and to reset the contract amount to a new base line. Previously, there were five separate agreements with different

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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Contracts for Planning, Building
and Engineering Services Page 2
execution dates and each with a different number of amendments. Creating new agreements would make it easier to track, allow the Planning and Building Director to set new service expectations and rates, and would also allow the Town to update terms of the agreement including allowing the Town Manager to extend an agreement for up to six months provided that the cost of the agreement would not exceed the agreed upon terms.

DISCUSSION
After evaluating the services previously provided by CSG, Good City, and Interwest, staff determined their performance to be satisfactory. Entering into new agreements with these consultants will provide continuity of planning- and building-related services. The Town’s consultants have been effective, reliable and flexible throughout the duration of their agreements including through the ongoing pandemic. The proposed contracts would expire June 30, 2024.

All of the services provided through these contracts are provided as-needed, so the Town is not committed to spending the full amount. Contract planners through Good City and CSG are expected to assist primarily on current planning permitting activities and customer service. They may also work on special projects including zoning and design guideline work, large land use projects that are not reimbursable, Housing Element annual reporting, and grant administration. Building and Public Works inspectors typically inspect work that has been permitted and paid for by an applicant. Code Enforcement covers violations to the municipal code or Town ordinances and would be funded from the General Fund. The contract amounts are aligned with the Town budget for FY 2023-2024.

FISCAL IMPACT
The agreements are funded in two ways:
1) Reimbursed through permit fees for the processing of planning applications, building permits, or engineering permits, so the cost of the service is paid for by the end user; or
2) Through the General Fund approved budgets for professional services under Planning and Building or Public Works. This funding covers activities that are not reimbursable such as code enforcement, inspection not tied to a permit, grant reporting, fee analysis, and project management.

ATTACHMENTS

1. CSG Consulting, Inc. Agreement - Code Enforcement

2. CSG Consulting, Inc. Agreement - Inspection

3. CSG Consulting, Inc. Agreement - Planning Services

4. Good City Agreement

5. Interwest Consulting Group, Inc. Agreement
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AGREEMENT FOR

ON-CALL CODE ENFORCEMENT SERVICES
THIS AGREEMENT is made and entered into this __ day of September, 2023 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and CSG Consultants, Inc., (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide code enforcement services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to manage code enforcement cases.

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 as agreed upon between the consultant and Planning and Building Director.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30, 2023, unless earlier terminated pursuant to section 17, below. The Town Manager may extend the completion 67 of 511
date by up to six months to a written amendment to this Agreement, provided such extension does not include additional contract funds.

6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit B, to a maximum of Thirty-Eight Thousand ($38,000). The Town also agrees to compensate Consultant for its out-ofpocket expenses to the extent authorized in Exhibit B. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of Thirty-Eight Thousand ($38,000), unless specifically approved in writing by the Town Council.

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

8. REPRESENTATIVE. Robert Cushing 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 Robert Cushing were a substantial inducement for Town to enter into this Agreement. Therefore, Robert Cushing 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.
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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 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.

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 69 of 511
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 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.

15. INSURANCE REQUIREMENTS. Consultant agrees to have and maintain the policies set forth in Exhibit C entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town 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.

17. TERMINATION.
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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 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.

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, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

Cyrus Kianpour, President
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
Phone: (650) 522-2500
Fax: (650) 522-2599
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.

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 72 of 511
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: CSG Consultants, Inc.:

By: _______________________
Mayor
By: _______________________
Name (printed): Cyrus Kianpour
Title: President
EIN: 91-2053749
ATTEST:
____________________________
Town Clerk
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
Manage code enforcement cases including: responding to complaints, inspections, correspondence, use of Town’s tracking system, and other related duties on an as-needed basis at the direction of the Planning & Building Director. 74 of 511

EXHIBIT B
(BILLING RATES)
Title Hourly Rate
Senior Code Enforcement Officer $144
Code Enforcement Officer II $120
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at

1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On July 1 of each year, CSG will initiate a rate increase based on the change in CPI for the applicable region.

The Town does not pay for travel time. Consultant shall provide their own vehicle.

Travel expenses are included in the hourly rate.

All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, travel and office expenses.

Subject to Town approval, CSG shall be compensated for additional expenses, not to exceed $1,000 during the contract term. These expenses shall consist of things like delivery expenses, printing, and binding costs not normally included in overhead or hourly rates.

CSG will mail an invoice every month for services rendered during the previous month. 75 of 511

EXHIBIT C
(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:

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

2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.
76 of 511

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 self-insured 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:

4.1.4 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.
77 of 511

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 claimsmade 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.
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AGREEMENT FOR

ON-CALL INSPECTION SERVICES
THIS AGREEMENT is made and entered into this __ day of September, 2023 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and CSG Consultants, Inc., (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide building plan review and building and public works improvement inspection services to the Town, as described in more detail in Exhibit A. Consultant will work with the Town to provide review of building plans and inspection of construction relating to private development and public improvements within the Town’s jurisdiction.

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 as agreed upon between the consultant and Planning and Building Director and/or the Public Works Director, as appropriate.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30, 2023, unless earlier terminated pursuant to section 17, below. The Town Manager may extend the completion date by up to six months to a written amendment to this Agreement, provided such extension does not include additional contract funds.

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

8. REPRESENTATIVE. Doug Rider 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 Doug Rider were a substantial inducement for Town to enter into this Agreement. Therefore, Doug Rider 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.

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 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.

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

14. 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 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.

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 82 of 511
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 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.

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, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

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 84 of 511
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: CSG Consultants, Inc.:

By: _______________________
Mayor
By: _______________________
Name (printed): Cyrus Kianpour
Title: President
EIN: 91-2053749
ATTEST:
____________________________
Town Clerk
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
Consultant shall provide the following services to the Town upon request:

A. Building inspections to enforce all applicable codes. Consultant shall provide each inspector with codes books, safety equipment, cell phones, vehicles, and any other equipment necessary to carry out inspection services.

B. In-house and over the counter plan review of submitted residential, commercial, and industrial (non-structural) building plans as coordinated by the Town. 86 of 511

EXHIBIT B
(BILLING RATES)
Review Type / Role Hourly Rate
Residential Combination Building
Combination Building Inspector Four (4)
hour minimum per request
Work beyond four (4), billed at eight (8)
hours
$111
Senior Building Inspector
Four (4) hour minimum per request. Work
beyond four (4) hours, billed at eight (8)
hours
$126
Building Official $160
Resident Engineer $221
In House Plan Review $121
Permit Counter Technician $87
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at

The Town does not pay for travel time. Consultant shall provide their own vehicle.

Travel expenses are included in the hourly rate.

All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, travel and office expenses.

CSG will mail an invoice every month for services rendered during the previous month. 87 of 511

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:

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

2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.
88 of 511

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 self-insured 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:

4.1.4 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.
89 of 511

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.

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.
90 of 511

AGREEMENT FOR

ON-CALL PLANNING SERVICES
THIS AGREEMENT is made and entered into this __ day of September, 2023 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and CSG Consultants, Inc., (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide 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 as agreed upon between the consultant and Planning and Building Director.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30, 2023, unless earlier terminated pursuant to section 17, below. The Town Manager may extend the completion date by up to six months to a written amendment to this Agreement, provided such extension does not include additional contract funds.
91 of 511

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

8. REPRESENTATIVE. Ethan Edwards 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 Ethan Edwards were a substantial inducement for Town to enter into this Agreement. Therefore, Ethan Edwards 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.

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 92 of 511
written authorization by the Town. The Town shall grant such authorization if disclosure is required by law. Upon request, all Town data shall be returned to the Town upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

14. 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 93 of 511
indemnify, defend (with independent counsel approved by the Town) and hold harmless the Town, and its elective or appointive boards, officers, and employees from and against all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including, but not limited to, reasonable attorneys’ fees, court costs and costs of alternative dispute resolution regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of 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.

17. TERMINATION.

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 94 of 511
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 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.

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, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

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, 95 of 511
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.

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: CSG Consultants, Inc.:

By: _______________________
Mayor
By: _______________________
Name (printed): Cyrus Kianpour
Title: President
EIN: 91-2053749
ATTEST:
____________________________
Town Clerk
96 of 511
97 of 511

EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)
CSG Consultants will provide planning staff augmentation services for the Town of Portola Valley. Staff augmentation services include, but are not limited to:
• Updates to Town Municipal Code or other policy documents • Preparation and presentation of staff reports before committees and commissions
• Evaluation and analysis of planning projects
• Policy planning efforts as requested by the Planning & Building Director 98 of 511

EXHIBIT B
(BILLING RATES)
Title Hourly Rate
Senior Planner $174
Assistant Planner $140
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at

The Town does not pay for travel time. Consultant shall provide their own vehicle.

Travel expenses are included in the hourly rate.

All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, travel and office expenses.

CSG will mail an invoice every month for services rendered during the previous month. 99 of 511

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:

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

2.4 Errors and Omissions Liability. Two Million Dollars ($2,000,000) per occurrence.
100 of 511

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 self-insured 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:

4.1.4 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 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.

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.
102 of 511

AGREEMENT FOR

ON-CALL PLANNING SERVICES
THIS AGREEMENT is made and entered into this __ day of September, 2023 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and Good City Company, (“Consultant”).

RECITALS
A. The Town desires to retain the professional consulting services of Consultant as an independent contractor to provide planning staff augmentation 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 as agreed upon between the consultant and Planning and Building Director.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30, 2023, unless earlier 103 of 511
terminated pursuant to section 17, below. The Town Manager may extend the completion date by up to six months to a written amendment to this Agreement, provided such extension does not include additional contract funds.

6. COMPENSATION. The Town agrees to compensate Consultant for its services according to the fee schedule set forth in Exhibit B, to a maximum of Forty-Five Thousand ($45,000). The Town also agrees to compensate Consultant for its out-ofpocket expenses to the extent authorized in Exhibit B. In no event shall the total compensation and costs payable to consultant under this Agreement exceed the sum of Forty-Five Thousand ($45,000), unless specifically approved in writing by the Town Council.

8. REPRESENTATIVE. Aaron Aknin 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 Aaron Aknin were a substantial inducement for Town to enter into this Agreement. Therefore, Aaron Aknin 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.

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 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.

13. ASSIGNABILITY; SUBCONTRACTING. The parties agree that the expertise and experience of Consultant are material considerations for 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 105 of 511
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 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.

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 106 of 511
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 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.

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, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

Aaron Aknin, Principal
Good City Company
601 Allerton Street, Ste 110
Redwood City, CA 94063
Phone: (415) 845-8344
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.

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 108 of 511
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: GOOD CITY COMPANY:

By: _______________________
Mayor
By: _______________________
Name (printed): Aaron Aknin
Title: Principal
EIN: 94-3154294
ATTEST:
____________________________
Town Clerk
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EXHIBIT A

SERVICES TO BE PERFORMED
Good City Company will provide “in-house” town planning & building services for the Town of Portola Valley. Dedicated in-house planning & building services include, but are not to:
• Providing counter and telephone service to the general public for current planning inquiries/assistance
• Review of design and architectural drawings for zoning and Municipal Code conformance
• Conducting site inspections
• Providing Building Official services
• Evaluation and analysis of projects (both large and small) • Management analyst duties, grant management, annual reporting, and contracts and procurement
• Preparation and presentation of staff reports before committees and commissions
• Good City may also assist with policy planning efforts related to the current planning efforts described above and as requested by the Planning Director
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EXHIBIT B
(BILLING RATES)
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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:

2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit 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 self-insured 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:

4.1.4 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 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.

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.
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AGREEMENT FOR

ON-CALL BUILDING SERVICES
THIS AGREEMENT is made and entered into this __ day of September, 2023 by and between the Town of Portola Valley, a municipal corporation, (“Town”) and Interwest Consulting Group, Inc. (“Consultant”).

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.

5. TERM. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect until June 30, 2023, unless earlier terminated pursuant to section 17, below. The Town Manager may extend the completion date by up to six months to a written amendment to this Agreement, provided such extension does not include additional contract funds.

8. REPRESENTATIVE. Maria Haro-Sullivan 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 Maria Haro-Sullivan were a substantial inducement for Town to enter into this Agreement. Therefore, Maria Haro-Sullivan 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.

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 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.

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

14. 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 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.

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 118 of 511
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 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.

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, by facsimile transmission with verification of receipt or by U.S. mail, postage prepaid, and return receipt requested, addressed to the respective parties as follows:

To Town:

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

Paul Meschino, President
Interwest Consulting Group, Inc.
39355 California St. Suite 200
Fremont, CA 94538
Phone: (408) 316-1392
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.
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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: Interwest Consulting Group, Inc.:

By: _______________________
Mayor
By: _______________________
Name (printed): Paul Meschino
Title: President
EIN: _________
ATTEST:
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____________________________
Town Clerk
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EXHIBIT A
(SCOPE AND LEVEL OF SERVICES)

Consultant will provide the Town full service plan review services for conformance of plans with the current editions of the Uniform Codes and any local amendments to the codes, including without limitation, a review of architectural, structural, disabled access, energy, plumbing, mechanical and electrical code items.

In providing services pursuant to this agreement, the Consultant shall interface with the Town’s designated representatives, as well as permit applications or their representatives to ensure effective and timely communication of plan check comments. 122 of 511

EXHIBIT B
(BILLING RATES)
Offsite Plan Review

TYPE OF PLAN REVIEW FEE
Complete Building Plan Review 70%
Per Streamlined Residential Solar Review $150(flat fee) The fixed fees stated above include an initial plan review plus two re-checks, additional re- checks beyond the third review will be charged at an hourly basis using the Schedule of Hourly Rates shown below with prior approval from the City.

For the review of deferred submittals such as truss calculations, stairs, etc., submittal after the project has been approved, we propose to complete the review on an hourly basis utilizing the Schedule of Hourly Billing Rates below; For the review of revisions to previously approved drawings, we propose to complete the review on an hourly basis utilizing the Schedule of Hourly Billing below:

CLASSIFICATION HOURLY BILLING
RATE
Building Safety Services
Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect …………………………………………………………………………………$160
Senior Plans Examiner.................................................................................$140 ICC Plans Examiner................................................................................... $120 CASp Certified Plans Examiner / Inspector ................................................. $150 Senior Building Inspector............................................................................. $110 Inspector II................................................................................................... $110 Inspector I .....................................................................................................$ 90 Fire Protection Engineer.............................................................................. $155 Senior Fire Plans Examiner ....................................................................... $130 Fire Plans Examiner / Fire Inspector ............................................................ $120 Support Services ........................................................................................... $95 (Including plan sheet insertion as needed)
Account Reconciliation ..................................................................................$150 Inspection and on-site services provided in excess of regular hours per day, nights 123 of 511
and weekends will be invoiced at 150% of the above fee. There will be a minimum of eight (8) hour fee for each day staff are required to work in the City Office.

Mileage will be reimbursed at the current IRS Rate.
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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:

2.2 Automobile Liability. One Million Dollars ($1,000,000) combined single limit 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 self-insured 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:

4.1.4 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 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.

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.
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_______________________________________________________________________ TO: Mayor and Town Council
FROM: Laura C. Russell, Planning & Building Director
Adrienne Smith, Senior Planner
DATE: September 13, 2023
RE: Update on Housing Element Status and Contract with Urban Planning Partners

RECOMMENDATION
Staff recommends that Town Council receive a presentation on Housing Element status from staff, receive public comment, and provide direction on a contract amendment with Urban Planning Partners for continued Housing Element work.

BACKGROUND
Town Housing Element Adoption and Submission to HCD
At its March 29, 2023 meeting the Town Council adopted the Housing and Safety Elements Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) via Resolution 2922-2023.

On May 10, 2023 Town Council adopted the draft Housing Element and conforming General Plan amendments via Resolution 2926-2023. Town staff submitted the Adopted Housing Element - For HCD Review to HCD on May 25, 2023. State law permits HCD to take up to 60 days for the second and subsequent housing element reviews. After the 60-day review period, on July 25, 2023 the Town received the second HCD comment letter.

On August 9, 2023, staff provided an update to Town Council on the Housing Element process and the need for additional funding to complete the Housing Element certification process. Also at the August 9th meeting, Council directed staff to work with Woodside Fire Protection District (WFPD) to combine the seven Requested Mitigations and thirteen Key Approaches to Fire Safety into one actionable document.

TOWN OF PORTOLA VALLEY

STAFF REPORT
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Housing Element Status Update and Contract Amendment
September 13, 2023

Page 2 ends

DISCUSSION
HCD Comment Letter Response and Timing
As the Town Council will recall, the Town received a comment letter from the Housing and Community Development Department (HCD) on July 25, 2023 and the staff/consultant team have been analyzing it. One meeting with the HCD reviewer has been held as of the writing of this report. Another meeting is scheduled for September 12th. Staff will provide the latest updates at the September 13th Council meeting.

Based on the level of work needed with HCD and their anticipated response times, staff estimates that a revised Draft Housing Element will not be ready for Planning Commission review until early November at the earliest. Two Planning Commission and two Town Council meetings are anticipated to review that draft, which would then be sent to HCD for their 60 day review. With the back-and-forth with the HCD reviewer completed in advance, staff assumes (hopes) that there will not be significant remaining comments to address.

Based on the available information, staff estimates that the Housing Element could be certified in early 2024.

Contract Amendment with Urban Planning Partners
As discussed at the August 9th Council meeting, the current housing element budget for the Town’s consultant, Urban Planning Partners (UPP), has been completely depleted. The Council directed staff to proceed in an expeditious manner to resolve remaining issues with the HCD reviewer and proceed through the Planning Commission and Town Council process. Additionally, the Town’s Planning and Building Director is leaving the Town’s employment in September. The Planning and Building Director oversees the Housing Element process, and also completes a significant amount of work herself. To compensate for that reduction in staff resources, the proposal from UPP includes additional time from the project manager to assist with meeting preparation, including staff reports and presentations. This approach was used when the Town’s Senior Planner was on maternity leave; the UPP project manager assisted with additional tasks that would otherwise be completed by staff.

Attachment 1 includes the proposed scope and budget for the contract amendment with UPP. The accounting has been updated and Housing Element work through August 2023 is over budget by $26,158; however, the budget for the CEQA review is under budget by $12,749. The actual overage is therefore $13,409.

The proposed UPP budget to complete the remaining work is $66,060. This includes working meetings with staff, three meetings with HCD, three Planning Commission meetings, three Town Council meetings, and producing two additional versions of the Housing Element itself.

UPP bills on a time and materials basis for work actually completed. So if the number of meetings is not needed, the actual cost would be less. The total of the proposed contract amendment is $13,409 (previous work) + $66,060 (September through completion) = $74,469.
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Housing Element Status Update and Contract Amendment
September 13, 2023

Page 3 ends

Due to time constraints, staff has not yet prepared the formal contract amendment with UPP.

Staff recommends consideration of the scope and budget on September 13th, then staff will follow up with the formal contract amendment on an upcoming consent agenda.

Related Updates
The following updates are provided to keep the Council and public informed on related items:
• WFPD Comments – Staff has compiled the seven Requested Mitigations and thirteen Key Approaches to Fire Safety and met with WFPD to review the draft.

Additional revisions will be made by both agencies then a final version will be made available to the public.
• Builder’s Remedy – The Town is currently susceptible to Builder’s Remedy applications. As a reminder, Builder’s remedy projects do not need to comply with existing zoning regulations, but do need to comply with CEQA. • Zoning Code Updates to Implement Housing Element – Staff anticipates bringing the zoning code updates to the Planning Commission immediately following the next draft of the Housing Element. Ultimately, the Housing Element and associated zoning code amendments will need to be adopted by the Town Council concurrently.

FISCAL IMPACT
The proposed budget to complete the Housing Element update and certification process is $74,469. This amount would all have to be paid out of reserves. This fiscal year budget does not include funds for the Housing Element update, as staff previously anticipated the work to be very limited and completed by full time staff. A formal contract amendment will be included on an upcoming Council consent agenda.

ATTACHMENTS

1. Scope of Work and Budget for Contract Amendment with Urban Planning Partners 130 of 511

September 6, 2023
Laura Russell
Planning and Building Director
Town of Portola Valley
Sent via email to: [email protected]
RE: PORTOLA VALLEY HOUSING ELEMENT UPDATE – CONTRACT MODIFICATION #2 Dear Laura,
This letter is to request an increase in our current maximum contract amount by an additional $79,469 to our current contract dated July 14, 2021 and contract modification #1 dated January 31, 2023. We have grouped our efforts into two categories:

1. Unanticipated Level of Effort (through August 2023)

2. Future Level of Effort (September 2023 through Early 2024)

1. UNANTICIPATED LEVEL OF EFFORT:

UPP requested contract modification #1 to complete work on the Draft Housing Element (submitted to HCD in August 2022) and prepare the associated CEQA document. Unfortunately, the level of effort to respond to HCD comments in Draft Housing Element #2 (submitted in May 2023), and prepare for/attend public meetings between December 2022 and May 2023 (four Planning Commission meetings and four Town Council meetings) exceeded our estimate in contract modification #1. UPP is now over budget by approximately $26,158 for the Housing Element project as of August 2023. With the available remaining funds from the IS/MND CEQA document ($12,749), this overage is reduced to $13,409.

2. FUTURE LEVEL OF EFFORT:

In order to complete the 2023-2031 6th Cycle Housing Element Update, UPP requests an additional $66,060. Below is our proposed scope of work:
• Task 1. Project Management and Coordination
o The current schedule to complete the Housing Element is now anticipated through early 2024. We have assumed standing meetings with Town staff and up to three phone calls with HCD.
• Task 2. Draft Housing Element #3
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Laura Russell
September 6, 2023

Page 2 ends

• We will continue working with the Town and HCD to implement edits in response to HCD comments received in July 2023 and prepare a public draft. This contract modification will also cover meeting packet support and attendance at up to two (2) Planning Commission meetings and two (2) Town Council meetings. Lastly, it will include time to implement revisions based on decision-maker input and public comments before sending to HCD.

Task 3. Final Draft, Final Adoption
• This contract modification assumes minor edits will be required on the final public draft of the Housing Element. We have assumed attendance at one (1) Planning Commission meeting and one (1) Town Council meeting. This task will also include preparation of one final Housing Element that incorporates minimal edits prior to sending to HCD.

Budget
UPP requests a modification to increase the current not-to exceed fee by an additional $74,468, to cover the unanticipated level of effort through August 2023 and the future work needed to complete the 2023-2031 Housing Element Update by early 2024 (see Table 1 below). This amount includes credit for remaining funds from the IS/MND CEQA document.

Table 1 Contract Modification #2 Fee Summary
Housing Element Update Amount
Overage through August 2023 $26,158
Remaining Funds from IS/MND ($12,749)
Future Level of Effort $66,060
Housing Element Update Total $74,469
Approval of this Contract Modification #2 would increase our fee as shown below.

Initial Maximum Budget $117,402
Contract Mod #1 (Dated January 31, 2023): $112,004
Maximum Budget with Increase #1: $229,406
Contract Mod #2: $ 74,469
Maximum Budget with Increase #2: $303,875
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Laura Russell
September 6, 2023

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All terms of our original contract would remain in effect. Please contact Curtis or Carla with any questions. We look forward to completing the Housing Element for the Town of Portola Valley.

Sincerely,
URBAN PLANNING PARTNERS, INC.

Curtis Banks Carla Violet

PROJECT DIRECTOR PROJECT MANAGER
[email protected] [email protected]
Attachment:

Contract Modification #2 Budget Table
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Portola Valley Housing Element Update Contract Modification #2 Curtis BanksProject DirectorCarla VioletProject ManagerPlanner/ Support Word Processing Hourly Rate: $250 $210 $125 $130
Task 1. Project Management and Coordination
36 27 - - $ 14,310
27 36 - - $ 14,310
Task 2. Draft Housing Element #3
Public Draft #3 Housing Element 36 12 12 8 $ 13,100
PC Packet Support + Meetings (up to 2) 24 16 2 - $ 9,290 TC Packet Support + Meetings (up to 2) 22 12 - - $ 7,620 Housing Element #3 to HCD 8 4 4 4 $ 3,700
44 90 18 12 $ 33,710
Task 3. Final Draft, Final Adoption
Final Public Draft Housing Element 16 8 8 6 $ 7,140
PC Packet Support + Meeting (1) 12 8 2 - $ 4,770
TC Packet Support + Meeting (1) 10 6 - - $ 3,600
Final Housing Element to HCD 6 2 2 4 $ 2,530
24 44 12 10 $ 18,040

TOTAL LABOR ESTIMATE
hours 95 170 30 22
23,750 35,700 3,750 2,860 $ 66,060 Total
TASK 1 SUBTOTAL
TASK 2 SUBTOTAL
TASK 3 SUBTOTAL
Standing Team Calls w/Town, Schedule Updates
Urban Planning Partners
https://urbanplanningpartners.sharepoint.com/sites/FS/Shared Documents/Projects/21-029 PVHE/ADMIN/Contract/Contract PVHE Mod2 23_0831_fee.xlsx 9/6/2023 134 of 511
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Laura Russell, Planning & Building Director
DATE: September 13, 2023
RE: Resolution ratifying Ordinance No. 13-2023 of the Woodside Fire Protection District, which adopts the 2022 California Fire Code and modifications to those codes to reflect local conditions

RECOMMENDATION
Staff recommends that the Town Council receive a presentation from Fire Marshal Don Bullard, review comments from the Wildfire Preparedness Committee, receive public comment, and consider adoption of the attached resolution which would formally ratify Ordinance No. 13-2023 of the Woodside Fire Protection District (WFPD).

BACKGROUND
The State of California adopted the 2022 edition of the California Building Standards Code, including the California Fire Code, which became effective throughout the State effective January 1, 2023. Local jurisdictions may establish more restrictive building standards than those contained in the California Building Standards Code if the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

Fire districts are authorized to enact stricter standards than those in the California Fire Code.

To do so, a fire district’s legislative body must adopt an ordinance implementing the Fire Code with amendments, and must adopt findings of fact justifying the need for changes or modifications due to local conditions. A fire district’s ordinance is not effective until it is ratified by the legislative body of the city/town where it will apply. After the fire district transmits its adopted ordinance to the city/town, the legislative body of the city/town may ratify, modify, or deny the fire district’s adopted ordinance, and must then transmit its determination to the fire district within 15 days of the determination. Upon ratification of an adopted ordinance, the city/town must file a copy of the fire district’s findings, and any of the city/town’s findings, together with the adopted ordinance, with the California Department of Housing and Community Development.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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Fire Code Ratification Page 2
With Local Amendments September 13, 2023
WFPD enforces and applies the Fire Code within the Towns of Portola Valley and Woodside, as well as certain areas of unincorporated San Mateo County. On July 25, 2023, WFPD adopted its Ordinance 13-2023, which adopts the 2022 California Fire Code and makes modifications to the Code to reflect local conditions.

DISCUSSION
WFPD recommends that the Town Council ratify Ordinance 13-2003 and has supplied supporting information for the Council’s consideration. Attachment 2 of this report includes the following from WFPD:
• Cover letter from Fire Marshal Bullard
• Final, signed WFPD Ordinance 13-2023
• Excerpt from the WFPD Board packet that was submitted to the Board for the July 25, 2023 meeting. The Board packet includes comments from Stanford University, the Wildfire Preparedness Committee, Midpeninsula Regional Open Space District, Town of Woodside, and Town of Portola Valley staff. WFPD also provided responses to those comments.
• A table explaining what is proposed for adoption with Ordinance 13-2023 with the rationale for modifications from 2022 California Fire Code.

The Town’s Wildfire Preparedness Committee (WPC) has expressed concerns related to the proposed Fire Code. In their letter of August 25th to Town staff, the Chair of WPC indicated that the Committee does not recommend ratification at this time. WPC comments are included as an annotated version of WFPD Ordinance 13-2023, included at Attachment 3. It is staff’s understanding that Fire District staff will be prepared to respond to WPC comments at the meeting.

ATTACHMENTS

1. Draft Resolution to Ratify Ordinance 13-2023 of the Woodside Fire Protection District

2. Woodside Fire Protection District Materials
a. Cover Letter from Fire Marshal Bullard
b. WFPD Ordinance 13-2-23
c. Excerpt from July 25, 2023 WFPD Board Meeting Packet d. Table with description of proposal

3. Wildfire Preparedness Committee Comments
a. Cover Letter
b. Annotated version of WFPD Ordinance 13-2023 with comments 1687447.2
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RESOLUTION NO. ______-2023

RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF PORTOLA VALLEY TO RATIFY ORDINANCE NO. 13-2023 OF THE

WOODSIDE FIRE PROTECTION DISTRICT
WHEREAS, California Health and Safety Code Section 13869 provides that a fire protection district may adopt a fire prevention code by reference and may also, when reasonably necessary due to local climatic, geological, or topographical conditions, establish more stringent local building standards relating to fire and safety than those set forth in the California Building Standards Code; and WHEREAS, the Woodside Fire Protection District (“WFPD”) adopted Ordinance No.13-2023 on July 25, 2023, adopting by reference the 2022 California Fire Code (based on the 2021 edition of the International Fire Code), including Appendices B, BB C, CC, D, L and P only, with local amendments, adopting the 2021 edition of the International Wildland-Urban Interface Code, including Appendices A through D only and adopting locally determined standards and amendments; and WHEREAS, California Health & Safety Code Section 13869.7 requires the WFPD upon the adoption of standards, additions and amendments to transmit the ordinance to the Town of Portola Valley (“Town”), which may ratify, modify or deny the ordinance; and
WHEREAS, Chapter 15.16 [Fire Protection District] of Title 15 [Building and Construction] of the Portola Valley Municipal Code establishes a process pursuant to which the town may ratify, modify or reject any ordinance adopted by the Woodside Fire Protection District establishing fire and panic safety standards that are more stringent than those adopted by the State Fire Marshal and contained in the California Building Standards Code; and
WHEREAS, the WFPD’s ordinance is not effective in Town until ratified by the Town; and
WHEREAS, the WFPD requested ratification of Ordinance No. 13-2023 in an August 16, 2023 letter to the Town from the WFPD Fire Marshal; and WHEREAS; pursuant to Chapter 15.16 [Fire Protection District] of Title 15 [Building and Construction] of the Portola Valley Municipal Code, the Town can ratify the WFPD’s Ordinance. No. 13-2023 by Resolution; and
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WHEREAS, Town staff has reviewed the additions and amendments adopted by the Fire District and finds the standards, additions and amendments to be in the public interest.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Portola Valley hereby ratifies Ordinance No. 13-2023 of the WFPD attached hereto as Exhibit A, adopted by the WFPD Board on July 25, 2023 and adopting by reference an amended and restated District Fire Prevention Code that makes local amendments to the 2022 Edition of the California Fire Code based upon the 2021 Edition of the International Fire Code.

BE IT FURTHER RESOLVED that the Town Council of the Town of Portola Valley does hereby adopt WFPD’s Findings of Fact supporting the modifications to the Fire Code in WFPD Ordinance No. 13-2023 as reasonably necessary because of local climatic, geological, or topographical conditions.

BE IT FURTHER RESOLVED that a copy of this Resolution, including WFPD Ordinance No. 13-2023 and the WFPD Findings of Fact, shall be filed with the California Building Standards Commission in accordance with Health & Safety Code Section 17958.7(a) and with the California Department of Housing and Community Development in accordance with Health & Safety Code Section 13869.7(c).

REGULARLY PASSED AND ADOPTED this 13th day of September, 2023.

Jeff Aalfs, Mayor
ATTEST
Jennifer Torres, Town Clerk
1686269.1
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WOODSIDE FIRE PROTECTION DISTRICT
ORDINANCE NO. 13-2023

DISTRICT FIRE PREVENTION CODE

AN ORDINANCE OF THE WOODSIDE FIRE PROTECTION DISTRICT ADOPTING THE 2022 CALIFORNIA FIRE CODE (BASED ON THE 2021 EDITION OF THE

INTERNATIONAL FIRE CODE), INCLUDING APPENDICES B, BB C, CC, D, L AND P ONLY, WITH LOCAL AMENDMENTS, ADOPTING THE 2021 EDITION OF THE

INTERNATIONAL WILDLAND-URBAN INTERFACE CODE, INCLUDING APPENDICES

A THROUGH D ONLY, ADOPTING FINDINGS SUPPORTING THE LOCAL

AMENDMENTS, ADOPTING A FINDING THAT THE ORDINANCE IS EXEMPT FROM

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND REPEALING ORDINANCE NO. 12.

WHEREAS, pursuant to Title 24 of the California Code of Regulations, also known as the California Building Standards Code (“CBSC”) and California Health and Safety Code Section 13869 et seq., a fire protection district may adopt a fire prevention code by reference and may also, when reasonably necessary due to local climatic, geological, or topographical conditions, establish more stringent local building standards relating to fire and safety than those set forth in the CBSC; and
WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the Board of Directors of the Woodside Fire Protection District hereby finds that the amendments adopted herein are reasonably necessary because of local climatic, geologic, and topographic conditions; and
WHEREAS, the Woodside Fire Protection District (the “District” or the “Fire District”) now desires to adopt by reference an amended and restated District Fire Prevention Code that makes local amendments to the 2022 Edition of the California Fire Code based upon the 2021 Edition of the International Fire Code; and
WHEREAS, this Ordinance was introduced and was adopted after the holding of a public hearing pursuant to California Health and Safety Code Section 13869.7 and California Government Code Section 50022.3.

NOW, THEREFORE, the Board of Directors of the Woodside Fire Protection District ordains as follows:

SECTION 1: LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL

Attachment 2a
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The Woodside Fire Protection District encompasses 32 square miles in southern San Mateo County. The physical location of the district includes the Town of Woodside, the Town of Portola Valley, and several unincorporated areas of San Mateo County such as Ladera, Los Trancos, Vista Verde, Emerald Lake, and the Skyline region. The Woodside Fire Protection District finds that unique climatic, geological, and topographic conditions within the District warrant amendments to the 2022 California Fire Code that are reasonably necessary to address fire-related problems and concerns and the future direction by which this Fire District can establish and maintain an environment that will afford a level of fire and life safety to its citizens. These climatic, geological, and topographical conditions are as follows:

Climatic Conditions
The climatic weather patterns within the Woodside Fire Protection District are moderate. The district, on average, experiences an annual rainfall of 26 inches. This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any, measurable precipitation. During this dry period the temperatures are usually between 70 – 95 F degrees (June-October) with light to gusty westerly winds. These drying winds, combined with the natural and imported vegetation, which is dominant throughout the area, create a hazardous fuel condition that can cause extensive encroaching into the dense, heavily wooded brush covered hillsides and canyons, and grass covered areas where wind-driven fires can have severe consequences. This has been demonstrated in several similar climatic areas within the State of California and the Western United States.

Because of variable weather patterns, normal rainfall cannot always be relied upon. This can result in water rationing and water allocation programs, as demonstrated in past drought patterns. Water shortages may also be expected in the future due to limited water storage capabilities and increased consumption. The district is bounded by San Francisco Bay on the East and the foothills of the Santa Cruz Coastal Range of mountains on the west. This setting allows for strong gusty winds to blow through the Fire District. These winds are a common occurrence each afternoon during summer months. Wind increases a fire’s ability to spread and has been attributed to the rapid spread of both vegetation and structure fires. This is especially true during Diablo wind events when strong northerly winds are aligned with the downslope direction of the canyons and watersheds of the coastal mountains. Automatic fire sprinkler protection as required in buildings specified in Chapter 9 of the Fire Code and the local requirements and standards of the Woodside Fire Protection District would significantly reduce the fire’s ability to spread rapidly, especially when the jurisdiction is affected by the typical wind patterns.

The Fire District is in a “Chaparral Biome.” In its natural state, chaparral is characterized by infrequent fires, with intervals ranging between 10 to 15 years to over a hundred years. Mature chaparral (stands that have been allowed greater intervals between fires) is characterized by impenetrable, dense thickets. These plants are highly flammable. They grow as woody shrubs with hard and small leaves, are non-leaf dropping (non-deciduous), and are drought tolerant. After the first seasonal rains following a fire, the landscape is dominated by soft-leaved, non-woody annual plants, known as fire followers, which die back with the summer dry period. The California Interior Chaparral and Woodlands Eco-Region covers 24,900 square miles in an elliptical ring around the California Central Valley. It occurs on hills and mountains ranging from 300 to 3,000 feet in elevation. It is part of the Mediterranean forests, woodlands, and scrub biome. Many of the plants 140 of 511
are pyrophytes, or “fire-loving,” adapted to (or even depending on) fire for reproduction, recycling of nutrients, and the removal of dead or senescent vegetation. Many plant and animal species in this ecoregion are adapted to periodic fire.

The Fire District’s chaparral vegetation includes chamise, manzanita, buckeye, and ceanothus. Oak woodlands is the most widespread, with coast live oak dominating, but the chaparral vegetation also includes scrub oak, blue oak, canyon live oak, valley oak, tan oak, black oak, and interior oak.

Open grasslands are the primary understory within the oak savannah woodlands. In areas with interlocking tree canopy, primarily north and east facing slopes, the understory is primarily tree duff and litter.

All vegetation in the Fire District reaches some degree of combustibility during the dry summer months, and under certain conditions, during the winter months. For example, as chaparral and other brush species age, twigs and branches within the plants die and are held in place, increasing the decadent material component. A stand of 10 to 20-year-old brush typically contains enough dead material to produce rates of spread equivalent to fully cured grass. Due to the higher fuel load, fires in brush fields also yield much higher fire line intensity.

In severe drought years, additional plant material may die, contributing to the fuel load. There will normally be enough dead fuel load that has accumulated in 20 to 30-year-old brush to give rates of spread about twice as fast as the rates of spread in a grass fire. Under moderate weather conditions that produce a spread rate of a one-half foot per second in grass, a 20- to 30-year-old stand of brush may have a rate of fire spread of approximately one foot per second. Fire spread in old brush (40 years or older) has been measured at eight times faster than grass (4 feet per second).

Under extreme weather conditions these rates can be much higher, with the fastest fire spread rate in grass at up to 12 feet per second or about eight miles per hour. Residential structures within the wildland intermix or interface near mature brush fields are thus at greater threat from wildfire. The climatic conditions along the Peninsula affect the acceleration, intensity, and size of a fire within the District. Times of little or no rainfall, low humidity, and high temperatures have created extremely hazardous fire conditions, particularly as they relate to roof fires and conflagrations.

The winds experienced in the District can have a tremendous impact upon structure fires by carrying sparks and burning brands to other structures, thus spreading the fire and causing conflagrations.

Geological Conditions
A. Seismic Location. Seismically, parts of the District sit on the San Andreas Fault and other parts sit between two active earthquake faults, the San Andreas Fault and the Hayward/Calaveras Fault, and the District includes numerous other potentially active faults. A majority of the District’s land surface is in the high-to-moderate seismic hazard zones as established by the U.S. Geological Survey. The location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today.

Fires following an earthquake have the potential of causing greater loss of life and damage than the earthquake itself. A significant portion of the District’s residential and commercial structures are in seismic risk zones. Should a significant seismic event occur, fire suppression resources 141 of 511
would have to be prioritized to mitigate the greatest threat and may not be available for every structural fire. In such an event, individual structures should be equipped to help in mitigation of the risk of damage.

Other variables could aggravate the fire hazard after an earthquake: (i) the extent of damage to the water system; (ii) the extent of isolation due to bridge and/or freeway overpass collapse; (iii) the extent of roadway damage and/or amount of debris blocking the roadways; (iv) climatic conditions (hot, dry weather with high winds); (v) time of day, which will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; and; (vi) the availability of timely mutual aid or military assistance.

B. Waterways. The Fire District’s Southern boundary line being the San Francisquito Creek is influenced by tides. The San Francisquito Creek is fed from Searsville Dam, located along Jasper Ridge, and collects water from storm drains along its drainage pathway. The creek finally empties into San Francisco Bay and is therefore influenced by tidal activity. During periods of heavy rainfall in combination with high tides in the Bay, San Francisquito Creek has overflowed its banks, causing floods in the Southernmost portions of the district. The floods have hampered fire apparatus making a timely response to emergencies and providing needed service to the community. Proper roadway widths as defined in Chapter 5 of the Fire Code and the minimum roadway standards established by Woodside Fire Protection District can provide fire apparatus with accessibility while helping to divert excess water flow during rainy seasons.

All of the District’s geological conditions described above increase the magnitude, exposure, and accessibility to fire events. For example, a fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of people, should a significant seismic event occur. Fire protection resources would have to be prioritized to mitigate the greatest threat and may likely be unavailable for smaller single-family dwellings or smaller business occupancy fires. Other variable conditions could include damage to the water system, freeway overpass collapse, roadways blocked by debris, and time of day, which could affect traffic patterns during or after the event.

In 1989 a 7.0 magnitude earthquake struck the San Francisco Bay Area via the San Andreas Fault.

For three hours following the event, firefighters from Woodside Fire Protection District responded to over 100 incidents per hour. Though during this event, losses in the District due to fire were minimal, however other neighboring jurisdictions were not as lucky. Had automatic fire sprinkler protection systems been a requirement at the time, it could have assisted firefighters in setting their priorities and assisting those citizens who needed emergency services the most.

Topographical Conditions
The district’s topographical conditions are closely associated with the geological element. With elevation changes between 400 and 1800 feet within the district, development has followed the path of least resistance, creating a meandering pattern. The district is divided by canyons, hills, lakes, and streams. This circumstance does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross-town thoroughfares that tend to be heavily congested, primarily during commute hours and seasonal 142 of 511
periods of the year. This creates barriers that reduce the response time of fire equipment and other emergency services.

The topography of the District is also challenged by major development patterns. Employment areas are located adjacent to and throughout the jurisdiction. The people who work in these areas have added to the traffic congestion in the District thereby reducing the District’s response time capabilities.

Inherent delays caused by these traffic patterns make it necessary to mitigate these problems with greater requirements for built-in automatic fire protection systems, noted in Section 903 of the District Fire Prevention Code, along with local requirements and standards. In addition, the Fire District has added Fire Alarm maintenance requirements, specifically UL Certification noted in Section 907, to reduce false alarms and ensure system reliability.

Heavy traffic congestion on Town streets already acts as a barrier to the timely response of fire equipment and emergency services. Continued growth, both residential and commercial, from inside and outside the District will only serve to continue the traffic problem. In the event of an accident or other emergency at certain key point intersections, portions of the Fire District could be isolated, or response times could be sufficiently slowed, thus increasing the risk of substantial injury and damage.

If fire apparatus is hindered in their response, automatic fire sprinkler protection will help.

According to IFSTA Training Manuals, the temperature inside a structure can go from ambient to more than 1,000 degrees Fahrenheit within the first ten minutes of a fire. Delay of fire apparatus will only allow the fire to grow, thus making efforts to suppress the fire more difficult.

Additionally, the ability to perform an effective rescue is diminished if firefighters are delayed in their response. With an automatic fire sprinkler protection system in place, the fire should be held to a controllable level, allowing citizens to escape from the burning structure, as well as allowing firefighters to contain the fire in a safe manner in its beginning stages.

The district is divided by three major state highways (La Honda Road/ Hwy 84 and Skyline Blvd./Hwy 35) and one major interstate freeway (I-280). However, the interconnecting road system is significantly less well developed. These conditions are likely to affect response times of fire suppression personnel and apparatus during periods of heavy traffic or conditions of major emergencies.

Many of the older and taller buildings are of designs which also greatly limit accessibility by district fire suppression resources. This includes large narrow parcels that have been subdivided into “flag-lots” on narrow residential streets. The infrastructure that supports these buildings is old and not in compliance with current Codes. Some water purveyors and water mains in residential and commercial areas deliver water supplies that do not meet fire flow requirements required by Appendix B of the California Fire Code. Some fire hydrant locations in both residential and commercial do not meet distance requirements of Appendix C of the Fire Code.

This will not only hamper fire suppression operations, but limits building design. When water supplies must be altered to accommodate new construction, Woodside Fire Protection District Standards on Water Supplies attempt to work with the existing infrastructure to accommodate the needs of firefighters.
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Residential properties in the Fire District consist primarily of one-acre or smaller and 1–5-acre parcels, flag lots, and single and multi-family infill developments. Common to the larger parcels is the development of additional residential or in-law type occupancies for which fire department access is difficult based on existing driveway configurations for the original single-family parcels.

Flag lots, for example, typically have driveways more than 150 feet, with narrow access, necessitating additional requirements, which the Fire District has added to Section 503, by creating Standards for driveways and private roadways that includes minimum driveway widths, fire apparatus turnaround specifications, and minimum vertical clearances. Areas in the District have older narrow roads, less than 20 feet wide, unimproved sidewalks or gutters and allow parking on both sides. Parking is a regional issue which plagues the streets causing streets to be narrow allowing only one vehicle to pass. Regional traffic has increased causing neighborhoods to be flooded with increased pass-through traffic, reducing alternative emergency response routes.

Additionally, Fire Department response times are increased due to gated access roads, a lack of street or address illumination, and existing vegetation barriers. Section 505.1 provides minimum standards for addresses on buildings and now requires new buildings to have illuminated addressing. However, neighborhood street lighting continues to be an issue.

The historical and rural significance of the entire District is an ongoing concern. Buildings, roadways, open space preserves, parks and rural neighborhoods have been preserved to create a feeling of being in the past. More structures are being built on topographically challenging parcels.

Proper roadway widths as required by Chapter 5 and Appendix D of the Fire Code, along with minimum Woodside Fire Protection District Fire Prevention Codes, would allow fire apparatus to set up fire suppression operations and access both driveways that extend greater than 150 feet, and private roadways serving minor developments.

The Very High Fire Severity areas that exist in the District’s foothills of the Santa Cruz coastal mountain range and “the narrow drainage and sub-drainage topographic features” of this coastal range have the capability to funnel winds, increase wind speeds, erratically alter wind direction, and facilitate fire spread and promote extreme fire behavior. This is especially true during Diablo wind events when strong northerly winds are aligned with the downslope direction of the canyons and watersheds of the coastal mountains. The topography of the District is, therefore, capable of producing wind conditions that promote extreme wildfire behavior. These unique topographic and weather conditions that promote fast moving and extreme wildfire conditions make swift evacuation critical for residents within and adjacent to the Very High Fire Severity areas.

Furthermore, many Very High and High Fire Severity areas are adjacent to and amongst unmitigated non-fire resilient open space lands containing extreme fuel loads which only make matters worse. Many residents have only a single route out of the area. A large portion of the roads in the Very High Fire Severity areas are narrow and winding having the potential to cause life threatening traffic congestion during an evacuation as residents try to leave the area and firefighters attempt to enter the area to fight the fire. In building fires, winds can literally force the fire back into the structure, creating a blow torch effect, in addition to preventing the natural and cross ventilation efforts of firefighters.

Water supply, (municipal fire flow), systems within the district are directly affected by the topographical layout of the district. Water supplies within the district vary dramatically with some 144 of 511
areas having little or no water flowing more than 500 gallons per minute. This wide variation causes major problems for development as well as fire suppression activities.

The roadway systems throughout the district by and large were designed around the topographical lay of the land with respect to narrow, windy, steep grades with numerous overhanging tree canopy. Grades on some of the roadways exceed 25% and widths of less than twelve feet would not be uncommon. The topographical nature of the district also lends itself to power failures caused when tree limbs fall on sections of electrical lines.

SECTION 2: TITLE, ENFORCEMENT AND RECORDKEEPING
This Ordinance, including provisions adopted and incorporated by reference, shall be known as the "District Fire Prevention Code" of the Woodside Fire Protection District and may be cited as such. It is also referred to herein as “this code” or the “Fire Code.” A. No section of the District Fire Prevention Code shall impose a mandatory duty of enforcement on the Fire District, or on any officer, official, agent, employee, board, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the Fire District, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.

B. A copy of the District Fire Prevention Code, as defined herein, shall be kept on file in the office of the Woodside Fire Protection District or Bureau of Fire Prevention & Life Safety.

SECTION 3: AUTHORITY
The District Fire Prevention Code is adopted pursuant to the Fire Protection District Act of 1987 (California Health and Safety Code Sections 13800 et seq.) and the following provisions of that Act:

A. Section 13861(h), which empowers the district to adopt ordinances; B. Section 13861(i), which empowers the district to establish and enforce rules and regulations for the administration, operation, and maintenance of the governmental services which it is authorized to provide;
C. Section 13862, which empowers the district to provide certain governmental services including fire protection services;
D. Section 13869, which empowers the district to adopt a fire prevention code by reference; E. Section 13870, which empowers the district’s authorized representatives to order correction or elimination of fire and life hazards;
F. Section 13871(b), which provides that failure to correct or eliminate a fire or life hazard after a duly issued order is a misdemeanor;
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G. Section 13872, which empowers the District’s authorized representatives to issue citations for certain violations;
H. Section 13873, which provides that the District’s employees shall have the powers of peace officers while engaged in the prevention and suppression of fires and the preservation of life and property; and
I. Sections 13916, 13917, 13918 and 13919, which, among other things, empower the District’s Board of Directors to charge a fee to cover the cost of any services that the District provides and the cost of enforcing any regulation for which a fee is charged.

SECTION 4: ADOPTION BY REFERENCE
The Woodside Fire Protection District hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9, based on the 2021 International Fire Code published by the International Code Council, with California Amendments), including Chapters 1-80 and Appendices B, BB C, CC, D, L and P only, except to the extent portions of the California Fire Code may be added, deleted, modified, or amended by Section 6 (local amendments) of this code. The 2022 California Fire Code, with the changes, additions, and deletions set forth in this Ordinance, is adopted by this reference as though fully set forth in this Ordinance. The Woodside Fire Protection District also hereby adopts by reference the 2021 edition of the International Wildland-Urban Interface Code (published by the International Code Council), including Appendices A through D, only. As of the effective date of this Ordinance, the provisions of these adopted and amended fire codes, the District Fire Prevention Code, are controlling and enforceable within the limits of each town or city or unincorporated area within the jurisdiction of the District.

SECTION 5: AUTHORITY AND DUTIES OF THE BUREAU OF FIRE PREVENTION

AND LIFE SAFETY
The California Fire Code, including California Fire Code Standards as adopted and amended herein, shall be enforced by the Woodside Fire Protection District, and managed by the Bureau of Fire Prevention and Life Safety, and shall operate under the direction of the Fire Chief and the Fire Marshal of the Woodside Fire Protection District. Both Fire Officers shall be known as the Fire Code Officials.

A. The Chief of the Fire Department shall appoint an officer of the Fire Department as Chief of the Bureau of Fire Prevention. The title shall be Fire Marshal. The appointment shall continue during good behavior and satisfactory service, and they shall not be removed from office except for cause in accordance with the rules and regulations of the Woodside Fire Protection District.

B. The Fire Marshal may appoint such members of the Fire Department as Deputy Fire Marshals and Inspectors as shall from time to time be necessary.

C. A report of the Bureau of Fire Prevention shall be made monthly or annually and transmitted to the Board of Directors. It shall contain such statistics as the Chief of the Department, or the Board of Directors may wish to include therein. The Fire Marshal shall produce and transmit to the Board of Directors, Town Councils of Woodside, 146 of 511
Portola Valley, and the San Mateo County Board of Supervisors a report of all California State Fire Marshal mandated inspection activity within the Woodside Fire Protection District territory annually, by December 15th. The Chief of the Department shall recommend any amendments to the Code, which, in his judgment, shall be desirable.

SECTION 6: LOCAL AMENDMENTS, MODIFICATIONS AND DELETIONS TO THE

CALIFORNIA FIRE CODE
Based upon the findings of the Board of Directors of the Woodside Fire Protection District regarding local climatic, topographical, and geological conditions, the following sections and/or subsections of the 2022 California Fire Code are amended or modified as set forth in this section.

If a section is not referenced below, it remains unchanged.

CHAPTER 1 IS ADOPTED IN ITS ENTIRETY AND AMENDED BELOW
101 SCOPE AND GENERAL REQUIREMENTS is amended to read as follows:
101.1 Title is amended to read as follows:
101.1 Title. These regulations shall be known as the 2022 California Fire Code with amendments adopted by the Woodside Fire Protection District (“District’) and will be referred to herein as the “this code, “the Fire Code,” and/or the “District Fire Prevention Code.” 101.6 Standards and Guidelines Manual is added to read as follows:
101.6 Standards and Guidelines Manual. The Bureau of Fire Prevention and Life Safety Standards and Guidelines Manual (“Standards and Guidelines Manual”) shall serve as a supplemental instruction and interpretation manual for the District Fire Prevention Code and is hereby adopted and incorporated by reference as if fully set forth herein. The Fire Marshal is responsible for amending this manual as necessary to maintain current instructions and interpretations. The information contained within the Standards and Guidelines Manual shall not be construed to make new code requirements not authorized by this Ordinance.

SECTION 102 APPLICABILITY is amended to read as follows:
102.1 Construction and Design Provisions is amended to read as follows:
102.1 Construction and Design Provisions
The construction and design provisions of this code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities, and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions where required in Chapter 11. 147 of 511

4. Existing structures, facilities, and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life or property.

5. Vehicles, ships and boats that are permanently affixed to a permanent location within the boundaries of this jurisdiction where not otherwise limited by law. 102.1.1 Applicability to Alterations, Additions and Repairs of Existing Buildings or Structures is added to read as follows:
102.1.1 Applicability to Alterations, Additions and Repairs of Existing Buildings or Structures. Alterations, additions 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 gross floor area, 50 percent of the existing wall area or when the combination of the percentages of affected gross floor area and affected wall area exceeds 50 percent are treated as new buildings, such buildings or structures shall be made in their entirety to conform to the Fire Code requirements for new buildings or structures. In calculating these percentages, the following guidelines shall apply:
a. Calculation of Percentage of Affected Gross 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.
b. 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 sides of the studs are proposed to be removed such that one can see through the wall.
c. Calculation of Combination of Percentage of Affected Gross Floor Area (PFA) and Wall Area (PWA): The combination of the percentage of Affected Gross Floor Area (PFA) as describe above plus the percentage of Affected Wall Area (PWA) as described above (PFA + PWA > 50%).

Areas to be included in the gross floor area square footage calculation include:

1. Garages or carports if under a habitable space

2. New attached garage

3. All additions

4. Total square footage of any room that received alterations or additions. Removing sheetrock exposing structural framing or any structural change in a room involves the total square footage of that room.
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Existing square footage shall be obtained from the San Mateo County Tax Assessor’s Office or may be submitted by a licensed architect.

Within the Woodside Fire Protection District’s jurisdiction, each of the Building Departments may use their specific dollar values and structural formulas to complete the computation of existing and new gross floor areas in accordance with their respective ordinance requirements only to the extent the respective ordinances impose a more stringent standard. The Fire District will accept such computations within the structure’s jurisdictional boundary. Verification must be attained by the Municipal or County Building Official. 102.6 Historic Buildings is amended to read as follows:
102.6 Historic Buildings The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided in accordance with the California Historic Building Code.

SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL is amended as follows:
104.1.1 Design Standards is added to read as follows:
104.1.1 Design Standards. Woodside Fire Protection District will maintain a set of design and installation standards (Standards and Guidelines Manual) that includes but is not limited to:

Address posting, Bridges, Emergency shut off placards, Turnarounds, Turnouts, Driveway criteria, Knox installations, Solar PV integrated roof installations, battery systems and fire sprinkler systems, including those with tanks and pumps.

These standards, which apply to subjects not specifically covered by the Fire Code, are necessary for the Woodside Fire Protection District to provide a reasonable degree of fire and life safety for the community and firefighters within the jurisdictional boundaries of the Fire District and are maintained in accordance with Section 102.9 of the Fire Code. 104.2.1 Review Construction Documents is added to read as follows:
104.2.1 Review Construction Documents. Woodside Fire Protection District shall review all applications and construction documents related to any type of existing or new driveway construction, improvement or reconstruction within its territory jurisdiction which have been submitted to the Building Department.
104.12.4 Authority to Photograph or Otherwise Record Investigations is added to read as follows:
104.12.4 Authority to Photograph or Otherwise Record Investigations. The Chief or his duly authorized representative may make such audio, visual or other recordings including photographs, video tapes, audio tapes, diagrams, drawings, sketches, and the like, in connection 149 of 511
with the investigation of any actual or alleged violation of this code or in connection with the investigation of any incident as authorized by this code.

SECTION 105 PERMITS is amended as follows:
105.5 Required Operational Permits is amended to read as follows:
105.5 Required Operational Permits.

The fire code official is authorized to issue operational permits for operations set forth in Sections 105.5.1 through 105.5.55.
105.5.16 Explosives is amended to read as follows:
105.5.16 Explosives.

An operational permit is required for the manufacture, storage, handling, sale, or use of any quantity of explosives, explosive materials, fireworks, pyrotechnic special effects, or rocketry within the scope of Chapter 56. See Health and Safety Code Division 11, Part 1, Sections 12000, et seq. for additional requirements.

Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder, and small arms primers for personal use, not for resale and in accordance with Section 5606. 105.5.33 Motor Fuel Dispensing is amended to read as follows:
105.5.33 Motor Fuel Dispensing.

An operational permit is required for the fueling of motor vehicles, including automotive, marine, and fleets, at fixed facilities and through mobile operations. 105.5.34 Open Burning is hereby modified by deleting the exception, as follows:
105.5.34 Open Burning
An operational permit is required for the kindling or maintenance of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.
105.5.55 Local Permits is added to read as follows:
105.5.55 Local Permits. In addition to the other operational permits required by Section 105.5, an operational permit shall be obtained from the Bureau of Fire Prevention & Life Safety prior to engaging in the following activities, operations, practices, or functions:

1. Apartment, hotel, or motel. An operational permit is required to operate an apartment house, hotel, or motel.
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2. Cannabis. An operational permit is required to operate a cannabis facility or operation listed below:

2.1 Cultivation

2.2 Distribution

2.3 Manufacturing

2.4 Testing/lab

3. Care facilities. An operational permit is required to operate a day care facility with an occupant load greater than eight (8) persons.

Exception: Residential or commercial institutional care facility occupancies complying with Health and Safety Code Section 13235 are exempt.

4. Emergency responder Communication Coverage. An operational permit is required to operate an Emergency Responder Radio System.

5. High-rise occupancy. An operational permit is required to operate a high-rise building as defined in Title 24, Part 2, California Code of Regulations.

6. Live entertainment. An operational permit is required to operate a business where alcohol is served, while providing live entertainment to the public.

7. Model rockets rental, sale, or operation. An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined by Health and Safety Code Section 12519.

8. Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by section 3319.

9. Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees.

10. Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.

11. Indoor growing operations. A permit is required to operate an indoor growing operation.

Exception: agricultural greenhouses in an agricultural zone. [A]105.6 Required Construction Permits is amended to read as follows:
[A] 105.6 Required Construction Permits.

The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.25.
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105.6.25 Local Construction Permits is added to read as follows:
105.6.25 Local Construction permits. In addition to the permits required by Section 105.6.1 through 105.6.24, the following construction permits shall be obtained from the Bureau of Fire Prevention & Life Safety for work as described in this section:

1. Fire Protection Plan. A construction permit is required to implement a Fire Protection plan in accordance with Chapter 49 of this Code and the International Wildland Urban-Interface Code as adopted..

2. Landscape Plan. A construction permit is required to implement a Landscape plan in accordance with Chapter 49 of this Code.
105.7 Responsibility of Permittee is added, to read as follows:
105.7 Responsibility of Permittee. Construction permits shall be presumed by the Fire District to incorporate all the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code, nor shall any vested rights be created for any work performed in violation of this code.
105.8 Fire Protection Plan is added to read as follows:
105.8 Fire Protection Plan A fire protection plan shall be prepared by the applicant when required by the Fire Code Official in accordance with Chapter 49 of this Code and the International Wildland Urban-Interface Code as adopted. All fire protection and vegetation management plans require approval by the Fire Code Official.
105.8.1 Landscape Plan is added to read as follows:
105.8.1 Landscape Plan. A Landscape plan shall be prepared by the applicant when required by the Fire Code Official in accordance with Chapter 49 of this Code. All Landscape plans require approval by the Fire Code Official.
105.8.1.1 Cost is added to read as follows:
105.8.1.1 Cost. The cost of preparing and reviewing a fire protection or vegetation management plan shall be the responsibility of the applicant. The cost of the fire protection plan preparation and review shall be the responsibility of the applicant.

SECTION 107 FEES is amended to read as follows:
107.1 Inspection Authority is amended to read as follows:
107.1 Fees The fees for the permits and other services shall be established by resolution of the Woodside Fire Protection District Fire Board Fee Schedule (“Fee Schedule”). The fee shall be set 152 of 511
to cover the cost the Fire District incurs to review and inspect the intended activities, operations, or functions.

Exception: Fees for a permit may be waived at the discretion of the Fire Marshal when the work or event to be conducted is for the Town of Portola Valley, Town of Woodside, County of San Mateo or Mid-Peninsula Open Space District.
107.1A Inspection Authority is added to read as follows:
107.1A Inspection Authority the Fire Marshal or other designated representatives shall inspect buildings and premises, including appliances and other hazards, to ascertain and cause to be corrected any condition which would be deemed a fire hazard and reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire and life safety.
107.2 Schedule of Permit Fees is amended to read as follows:
107.2 Schedule of Permit Fees. Where a permit or other inspection fee is required, a fee for each permit shall be paid as required, in accordance with the Woodside Fire Protection District Fee Schedule.
107.7 Cost Recovery is added to read as follows:
107.7 Cost Recovery. The costs of fire suppression, rescue, emergency medical services, and other costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as they may be amended or superseded from time to time. Additionally, any person whose negligence, intentionally wrongful conduct, or violation of law causes an incident resulting in an appropriate emergency response, including, but not limited to, a traffic accident, spill of toxic, flammable, or combustible fluids or chemicals is liable for the costs of responding to the incident, including those costs pursuant to Government Code Section 53150, et seq, as may be amended or superseded from time to time. Any expense incurred by the Woodside Fire Protection District for securing such emergency shall constitute a debt of such person and shall be collectable by the Woodside Fire Protection District in the same manner as in the case of an obligation under a contract, expressed or implied.

The request shall state the reasons therefore, and the District Board of Directors shall, within 60 days of the receipt of same, hold a hearing, and may modify, vacate, or affirm the decision. 153 of 511
111.2 Limitation on Authority is amended to read as follows:
111.2 Limitation on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed.
111.3 Qualifications and 111.4 Administration are deleted in their entirety.

SECTION 112 VIOLATIONS is amended as follows:
[A] 112.4 Violation Penalties. is amended to read as follows:
[A] 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[A] 112.4.2 Other Penalties and Remedies. is added to read as follows:

Section 112.4.2 Other penalties and remedies. Nothing in this Section 112.4 shall limit the fire code official from pursuing other available legal remedies for violations of this code, including but not limited to administrative citations and attendant fines, civil penalties, and administrative and summary abatements.

CHAPTER 2 IS ADOPTED IN ITS ENTIRETY AND AMENDED BELOW
SECTION 202 GENERAL DEFINITIONS is amended to add the following:

Administrator. The Fire Chief.

Aerial Fuels. Standing and supported live and dead combustibles not in direct contact with the ground and consisting mainly of foliage, twigs, branches, stems, cones, bark, and vines.

Agency Having Jurisdiction. The agency having delegated or assigned legal authority to adopt, determine, mandate, or enforce ordinances and regulatory requirements, or to take other actions under local, state, or federal law.

All Weather Driving Surface. A roadway designed to carry the imposed weight loads of fire apparatus complete with all underground utilities, curbs, gutters, and a minimum surface finish of one layer of asphalt or concrete or road pavers.

Board of Directors. The governing body of the District. 154 of 511
Combustible Material. Rubbish, litter, or material of any kind, other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the Fire Code Official.

Driveway, a private access road that provides access from the public way to a structure and that is used for public or private vehicular access, including fire and emergency apparatus or vehicles.

Essential Service Facility. That building or structure which has been designated by the local government to house facilities that are necessary for emergency operations.

Fire Protection Plan: A document prepared for a specific project or development proposed for the wildland-urban interface area. It describes ways to minimize and mitigate the fire problems created by the project or development, with the purpose of reducing impact on the community's fire protection delivery system.

Fire Trail, a graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard, including but not limited to seasonal and recurrent grasses, weeds, vines, stubble, brush, dry leaves, dry needles, dead, dying, or diseased trees and any other vegetation as determined by the fire code official.

Jurisdiction. Jurisdiction shall mean the territorial boundaries of the Woodside Fire Protection District. As such, “jurisdiction” would mean, as appropriate, certain unincorporated areas of the County of San Mateo, the Town of Woodside, and the Town of Portola Valley. The Fire District’s map book shall be adopted by reference to indicate the territorial boundaries of the Woodside Fire Protection District.

When the term "jurisdiction" is used in this code in a context that implies the ability to exercise governmental powers, such as “the authority having jurisdiction,” the term “jurisdiction” shall mean, instead the Woodside Fire Protection District.

Landscape Plan. a component of a development plan prepared for a specific project or development proposed for the wildland-urban interface area on which is shown proposed landscape species (such as number, spacing, size at time of planting, size at maturity, and planting details); proposals for protection and treatment of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the Fire Code Official.

Nuisance Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by mechanical failure, malfunction, improper 155 of 511
installation or maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Person: Includes an individual, heirs, executors, administrators or assigns, and also includes any agency of the State, county, city, district, town or other local public entity, and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company and its successors or assigns, or the agent of any of the aforesaid.

Response Time. The elapsed time from receipt of a call to the District seeking emergency assistance and the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire hazard.

Rural Area. An area generally designated for agricultural or open space uses with parcels of more than 10 acres (4.046873ha) in size.

Rural Residential Area. An area generally designated for single family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size.

Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water-flow alarm, valve supervisory, and general trouble conditions where a building fire alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public rights of way, private roads, public streets, and easements.

Structure: That which is built or constructed.

Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Wildland-Urban Interface (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the Woodside Fire Protection District to be at a significant risk from wildfires.

CHAPTER 3 IS ADOPTED IN ITS ENTIRETY AND AMENDED BELOW
SECTION 304 COMBUSTIBLE WASTE MATERIAL is amended to read as follows:
304.1.2 Vegetation is amended to read as follows:
304.1.2. Vegetation. Hazardous vegetation, combustible material, combustible growth, debris, or rubbish capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises in accordance with the Fire District’s ordinances, including but 156 of 511
not limited to those ordinances addressing defensible space, exterior hazard abatement, and fuel breaks. Vegetation clearance requirements in wildland-urban interface areas shall be in accordance with Chapter 49 of this code and in accordance with the Fire District’s ordinances.

SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is amended as follows:
307.1.1 Prohibited Open Burning is amended to read as follows:
307.1.1A Prohibited Open Burning Open burning is prohibited within the jurisdictional boundaries of the Woodside Fire Protection District. The Fire Marshal prohibits burning of trash or vegetation, except for fuel reduction purposes and dedicated campfires in County Parks by special permit only.

Exceptions:

1. Gas Fire Pits inspected by the Fire Prevention Bureau.

2. Open burning does not include approved exterior fireplaces with permanent spark arrestors, or barbecues, that are used in a safe manner and used for cooking or warming purposes only.

SECTION 308 OPEN FLAMES is amended as follows:
308.3.2 Theatrical Performances is amended to read as follows:
308.3.2 Theatrical Performances. Where approved, open-flame devices used in conjunction with theatrical performances are allowed to be used where adequate safety precautions have been taken in accordance with NFPA 160 and Title 19 CCR.

CHAPTER 4 IS ADOPTED IN ITS ENTIRETY AND AMENDED BELOW
SECTION 401 EMERGENCY PLANNING AND PREPAREDNESS is amended to read as follows:
401.3.2.1 Nuisance Alarm Notification is added to read as follows:
401.3.2.1 Nuisance Alarm Notification. Notification of emergency responders based on a nuisance alarm may be punishable by a fine in accordance with the Woodside Fire Protection District Fee Schedule or requirements. In addition, the responsible party may be liable for the operational and administrative costs incurred from the emergency response or mitigation procedures resulting from a nuisance alarm notification. 401.3.2.2 Multiple Nuisance Alarm Activations is added to read as follows:
401.3.2.2 Multiple Nuisance Alarm Activations. Any occupancy that has more than three nuisance alarms causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.
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SECTION 402 DEFINITIONS is added and amended to read as follows:
402.1 is amended to add the following:

NUISANCE ALARM
CHAPTER 5 IS ADOPTED IN ITS ENTIRETY AND AMENDED BELOW:
501.1 Scope is amended to read as follows:
501.1 Scope Fire service features for buildings, structures and premises shall comply with this chapter, and appendix D.

SECTION 503 FIRE APPARATUS ACCESS ROADS is amended to read as follows:
503.1 Where Required is amended to read as follows:
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3, interpreted according to the Woodside Fire Protection District “Standards and Guidelines Manual.”
503.1.1.1 Fire Lanes is added to read as follows:
503.1.1.1 Fire Lanes Nothing in this code shall prevent a Town or County from designating or maintaining a street as a “Fire Lane” which does not meet the requirements of a fire apparatus access road under Sections 503.1.2 - 503.6.
503.1.4 Access to Open Spaces is added to read:
503.1.4 Access to Open Spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official. 503.1.5 Existing Fire Trail Systems Shall be Maintained is added to read:
503.1.5 Existing Fire Trail Systems Shall be Maintained. When conditions make access and maintenance of existing trails unavailable or impractical, alternate means of access shall be provided and require approval by the fire code official. 503.2.1 Dimensions is amended to read as follows:
503.2.1 Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, inclusive of all-weather surface shoulders, and a vertical clearance of not less than 13 feet 6 inches. Security gates shall be in accordance with section 503.6. Driveways serving one property with one or more habitable dwellings shall have an unobstructed driveway width of not less than 12 feet and unobstructed vertical clearance of not less than 13 feet 6 inches. Shared driveways serving more than one property with habitable structures shall have an unobstructed minimum width of 18 feet, inclusive of all-weather drivable surface shoulders and an unobstructed vertical 158 of 511
clearance of not less than 13 feet 6 inches. All gates obstructing emergency access roadways shall have a sign stating, “Emergency Evacuation Route.”
503.2.6.1 Evaluation and Maintenance is added to read as follows:
503.2.6.1 Evaluation and Maintenance. All existing private bridges and elevated surfaces that are a part of the fire apparatus access road shall be evaluated by a California licensed civil engineer experienced in structural engineering, or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: “The Manual for Bridge Evaluation,'' Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire apparatus access shall be routinely maintained in accordance with Section 503.2.6, or when directed by the Fire Code Official. 503.3 Marking is amended to read as follows:
503.3 Marking. Where required by the fire code official, approved signs and markings designating fire lanes shall comply with California Vehicle Code Section 22500.1. The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place, clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE". Signs and markings shall not be obstructed and shall be maintained in a clean and legible condition and be replaced or repaired when necessary to provide adequate visibility. Reference is made to the Designation and Marking of Fire Lanes Standards and Guidelines included in the Standards and Guidelines Manual (Section 101.6 of this Code).
503.7 Fire Lane Restrictions and Requirements is added to read as follows:
503.7 Fire Lane Restrictions and Requirements Restrictions and requirements as specified in the California Vehicle Code shall apply to fire lanes established by this section.

SECTION 505 PREMISES IDENTIFICATION is amended to read as follows:
505.1 Address Identification is amended to read as follows:
505.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or English alphabet letters. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained. Said numbers shall be either internally or externally illuminated in all new construction. Numbers shall be as follows:

Minimum of one-half inch (1/2″) stroke by eight inches (8″) high. 159 of 511
Exception: For a single-family dwelling a minimum of one-half inch (1/2") stroke by four inches (4") high. When the structure is more than fifty (50) feet from the street or fire apparatus access road, a minimum of one inch (1”) stroke by twelve inches (12″) high is required. 505.1.1 Multi-Tenant Buildings is added to read as follows:
505.1.1 Multi -Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one-half inch (1/2″) stroke by four inches (4″) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5′ 6″) above the finished floor and shall be either internally or externally illuminated in all new construction. 505.1.2 Rear Addressing is added to read as follows:
505.1.2 Rear Addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with Section 505.1.

Section 506.1 Fire Service Features, Key Boxes amended to read as follows:
506.1 Where Required is amended to read as follows:
506.1 Where Required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official. Where a new gate or barrier is installed on a fire access roadway, the fire department shall have emergency access. Gates or barriers shall have a Knox® key switch.
506.1.1.1 Key Box Content Requirements added to read as follows:
506.1.1.1 Key Box Content Requirements. The keys to multi-tenant spaces shall be included.

Additional keys shall be included for card access, elevator control, fire alarm control panels, and fire sprinkler control valve access. Reference is made to the Knox Box Standards and Guidelines included in the Standards and Guidelines Manual (Section 101.6 of this Code).

SECTION 507 FIRE PROTECTION WATER SUPPLIES is amended to read as follows:
507.5.1.1 Hydrant for standpipe systems is amended to read as follows:
507.5.1.1 Hydrant for Fire Department Connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 100 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2).

Exception:
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The distance shall be permitted to exceed 100 feet (30 480 mmm) where approved by the fire code official.
507.5.7 Fire Hydrant Size and Outlets is added to read as follows:
507.5.7 Fire Hydrant Size and Outlets. Shall be in accordance with the Woodside Fire Protection District standards and guidelines, or as approved by the fire code official. 507.5.8 Fire Hydrant Street Marker is added to read as follows:
507.5.8 Fire Hydrant Street Marker. Fire hydrant locations shall be visually indicated in accordance with the Woodside Fire Protection District standards or as approved by the fire code official, as may be amended from time to time. Any hydrant marker damaged or removed during street construction or repair shall be immediately replaced by the contractor, developer, or person responsible for removal or damage.

The room shall contain the fire alarm control panels, ERCCS control equipment, and other fire equipment required by the fire code official. Fire control rooms shall be located within the building at a location approved by the fire code official and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire control rooms shall not be less than 50 square feet.

Exceptions:

1. Group R-3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.

SECTION 510 EMERGENCY RESPONDER COMMUNICATION COVERAGE is amended to read as follows:
510.1 Emergency responder communication coverage in new buildings. Exception no. 1 is deleted.
510.3 Permit Required is amended to read as follows:
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510.3 Permit required. Construction permits shall be required as set forth in Sections 105.6 and 105.7. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
510.4.2 System Design is amended to read as follows:
510.4.2 System design. The in-building, two-way emergency responder communication coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8, NFPA 1221, NFPA 72 and San Mateo County ERCCS (P-500).
510.5 Installation Requirements is amended to read as follows:
510.5 Installation requirements. The installation of the in-building, two-way emergency responder communication coverage system shall be in accordance with San Mateo County ERCCS (P-500), NFPA 72, NFPA 1221, and Sections 510.5.2 through 510.5.5.

CHAPTER 9 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 901 FIRE PROTECTION AND LIFE SAFETY SYSTEMS, GENERAL SCOPE is amended as follows:
901.4.4.1 Additional Fire Protection Systems in Accessory Dwelling Units. is added to read as follows:
901.4.4.1 Additional Fire Protection Systems in Accessory Dwelling Units. An automatic fire sprinkler system may be used in new accessory dwelling units as an alternative, when aspects of the fire code cannot be met in their entirety and when approved by the fire code official. 901.6.3.2 Records Reporting is added to read as follows:
901.6.3.2 Records Reporting. Fire detection, alarm, and extinguishing systems shall always be maintained in an operative condition and shall be replaced or repaired when defective. Nonrequired fire protection systems and equipment shall be inspected, tested, and maintained or removed. All inspection, testing and maintenance reports shall be forwarded to the Fire District using electronic media to the designated third-party electronic record keeping service as chosen by the Fire District's fire code official. Hard copy reports are not permitted.

SECTION 903 AUTOMATIC SPRINKLER SYSTEMS is amended as follows:
903.2 Where Required is amended to read as follows:
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903.2 Where Required. Approved automatic sprinkler systems shall be provided throughout new buildings and structures in the locations described in this Section or in Sections 903.2.1 through 903.2.21, whichever is most restrictive.

Approved automatic sprinkler systems in existing buildings and structures shall be provided in locations described in Section 903.6.

For the purposes of this Section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area.

Exceptions:

1. Group S-2 or U occupancies used exclusively for vehicle parking, and which meet all the following:

1.1 Noncombustible construction.

1.2. Maximum building area not to exceed 5,000 square feet.

1.3. Structure is open on three (3) or more sides.

1.4 Minimum of 10 feet separation from existing buildings unless the area is separated by fire walls complying with California Building Code Section 706.

2. Detached non-combustible motor vehicle fuel dispensing canopies less than 1000 square feet that cover motor vehicle fuel dispensing facilities when constructed in accordance with Section 406.7.2 of the 2022 California Building Code.

3. Agricultural buildings as approved by the fire code official. 903.2.7 Group M is amended to read as follows:
903.2.7 Group M. Automatic fire sprinkler systems shall be provided throughout buildings containing a Group M occupancy and a fire area greater than 1,000 square feet, and any Group M occupancy used for the display and sale of upholstered furniture. 903.2.10.3 Lithium-Ion Batteries in Vehicles is added to read as follows:
903.2.10.3 Lithium-Ion Batteries in Vehicles. An automatic sprinkler system shall be installed throughout buildings having Group S-2 occupancies that house vehicles with lithium-ion batteries.

The sprinkler system shall be designed for the square footage area of the building that houses such vehicles, based on an area of sprinkler operation of 2,500 square feet and design density of 0.40 gpm/sf. Group S-2 occupancies with portions of floors without lithium-ion batteries in vehicles shall be provided with a sprinkler protection system per NFPA 13. 163 of 511
903.2.11 Specific Building Areas and Hazards is amended as follows:
903.2.11 Specific Building Areas and Hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in sections 903.2.11.1 through 903.2.11.6.
903.2.11.1 Stories without openings is amended as follows:
903.2.11.1 Stories and Basements without Openings. Automatic sprinkler systems shall be installed in every building with a basement.

Automatic sprinkler systems shall be installed in every story of all buildings where the floor area exceeds 1000 square feet and where the following type of exterior wall opening is not provided.

1. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 m2) in each 50 linear feet (15 240 mm), or fraction thereof, of the exterior wall in the story on at least one side.
903.2.18 Group U private garages and carports accessory to Group R-3 occupancies is amended to read as follows:
903.2.18 Group U Private Garages and Carports Accessory to Group R-3 Occupancies.

Carports with habitable space above and attached garages, accessory to Group R-3 occupancies, shall be protected by residential fire sprinklers in accordance with this Section. Residential fire sprinklers shall be connected to, and installed in accordance with, an automatic residential fire sprinkler system that complies with R313 of The California Residential Code or with NFPA 13D.

Fire sprinklers shall be residential sprinklers or quick-response sprinklers, designed to provide a minimum density of 0.05 gpm/ft2 over the most hydraulically demanding area of the structure, but not to exceed two sprinklers for hydraulic calculations purposes. Garage doors shall not be considered obstructions with respect to sprinkler placement. 903.2.22 Fire Department Delivery Capability is added to read as follows:

Section 903.2.22 Fire Department Delivery Capability. An automatic fire sprinkler shall be installed in all new buildings and occupancies or in existing buildings or structures that change occupancy classification or use when the required fire flow exceeds 2,000 gallons per minute. 903.3.1.1.2 Bathrooms is deleted.
903.3.1.2 NFPA 13R Sprinkler Systems. is amended to read as follows:
903.3.1.2 NFPA 13R Sprinkler Systems. Where in this code a NFPA 13R sprinkler system is allowed in Group R-1, R-2, R-2.1, and R-4 occupancies, a NFPA 13 sprinkler system shall be used.
903.3.3 Obstructed Locations. is amended to read as follows:
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903.3.3 Obstructed Locations. Automatic sprinklers shall be installed with regard to obstructions that will delay activation or obstruct the water distribution pattern and shall be in accordance with the applicable automatic sprinkler system standard that is being used. Automatic fire sprinklers shall be installed in or under covered kiosks, displays, booths, concession stands, laboratory fume hoods, bio-safety cabinets that use flammable liquids in processes, or equipment that exceeds 4 feet (1219 mm) in width. Not less than a 3-foot (914 mm) clearance shall be maintained between automatic sprinklers and the top of piles of combustible fibers. Sprinklers shall be provided in all areas, including combustible or noncombustible concealed spaces 6 inches or more in height.

Exception:

1. Kitchen equipment under exhaust hoods protected with a fire-extinguishing system in accordance with Section 904.
903.3.5.3 Non-permissible Water Supply Storage is added to read as follows:
903.3.5.3 Non-permissible Water Supply Storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5. 903.3.10 Partial Systems in New Buildings or Structures is added to read as follows:
903.3.10 Partial Systems in New Buildings or Structures. Automatic fire sprinkler systems that only protect a portion of the building shall not be allowed. 903.4.2 Alarms is amended to read as follows:
903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. A fire alarm monitoring system is required to be installed and connected whereas actuation of the automatic sprinkler system shall actuate the monitored building fire alarm system.
903.6 Where Required in Existing Buildings and Structures is amended to read as follows:
903.6 Where Required in Existing Buildings and Structures. An automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11 or when improvements are conducted in accordance with this Section. 903.6.1 Where Required Due to Improvements to Buildings and Structures is added to read as follows:
903.6.1 Where Required Due to Improvements to Buildings and Structures. The provisions of this Section are intended to provide a reasonable degree of fire safety in existing structures by requiring installation of an automatic fire-extinguishing system. All existing buildings and structures, regardless of type of occupancy or area, shall be provided with an automatic fire sprinkler system in the following circumstances:
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1. Where the alterations fall within the provisions of Section 102.1.1 of this Code. Within the unincorporated San Mateo County State Responsibility Area, where the gross floor area of a proposed alteration, addition, or combination of alterations and additions and the gross floor area of any alterations, additions, or combination of alterations and additions meets the definition of a “substantial alteration” as defined in San Mateo County Ordinance number 4873 or its successor ordinance.

2. Any combination of additions, alterations, or repairs to more than 50% of the existing gross floor area of the building within a two-year time-period. Within the unincorporated San Mateo County State Responsibility Area, any combination of additions, alterations and/or repairs within a two-year time-period meets the definition of a “substantial alteration” as defined in San Mateo County Ordinance number 4873 or its successor ordinance. Timelines will be based on the date of the last final fire inspection.

3. Any additions, alterations or repairs within a building that contains an existing automatic fire sprinkler system shall have the automatic fire sprinkler system extended/modified to the area of proposed work.

4. Any change in use or occupancy creating a more hazardous fire/life safety condition as determined by the Fire Code Official requires that an automatic fire sprinklers system be installed in the space where the change in use or occupancy is proposed.

5. Any change of use from a non-habitable to a habitable, non-day-lighted basement requires the installation of an automatic fire sprinkler system in the proposed habitable basement portion.

6. All automatic fire sprinkler systems shall comply with the current edition of NFPA-13, NFPA-13D, NFPA-13R and any additional National and local standards recognized by the Woodside Fire Protection District.

Exceptions:

1. Buildings or Structures less than 1,000 square feet.

2. Seismic, foundation or accessibility improvements.

3. Detached group U and group U agricultural occupancies which do not already have fire sprinklers and do not have living quarters attached.

4. Work requiring only mechanical, electrical, plumbing and/or demolition.

5. Exterior improvements, including windows, roofing or repairs that constitute reconstruction or renewal for the purpose of maintenance.

6. Work related to damage due to a natural disaster.
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7. Mobile/manufactured or factory-built homes constructed or altered on or before March 12, 2011 that were not manufactured with automatic fire sprinklers and are not subject to fire sprinkler requirements.

8. Independent solar carports or structures, non-combustible carports, or shade structures.

9. Canopies less than 1000 square feet over motor vehicle fuel dispensing facilities when constructed in accordance with Section 406.7.2 of the 2022 California Building Code. 903.6.1.2 Partial Systems in Existing Buildings and Structures is added to read as follows:
903.6.1.2 Partial Systems in Existing Buildings and Structures. Automatic fire sprinkler systems that only protect a portion of the building shall not be allowed.

Exception: A phased installation of an automatic fire sprinkler system may be accepted as an alternate materials and method application, as prescribed in Section 104.9, when different tenant spaces in the same building are occupied, and the installation of a fire sprinkler system may disrupt business. Not to exceed five (5) years for final completion from initial permit date. 903.6.2 Change of Occupancy Classification is added, to read as follows:
903.6.2 Change of Occupancy Classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the 2021 edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

SECTION 905 STANDPIPE SYSTEMS is amended to read as follows:
905.3.12 Lithium-Ion Batteries in Vehicles is added to read as follows:
905.3.12 Lithium-Ion Batteries in Vehicles. Commercial buildings with lithium-ion battery vehicle parking shall be equipped with Class I standpipe systems extended to have hose connections located within 100 feet of lithium-ion battery vehicle parking.

Exceptions: Group R-3 and R-3.1 occupancies.

SECTION 907 FIRE ALARM AND DETECTION SYSTEMS is amended to read as follows:
907.1.6 Certification is added to read as follows:
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A certificate of completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installation. It is the responsibility of the building owner or owner’s representative to obtain and 167 of 511
maintain a current and valid certificate. The protected premises shall be issued a UUFX type certification from Underwriters Laboratories (UL).
907.1.6.1 Posting of Certification is added to read as follows:
907.1.6.1 Posting of Certification. The UL certificate required in Section 907.1.6 shall be posted in a durable transparent cover within three (3) feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.
907.4.4 Monitoring of Other Fire Systems is added to read as follows:
907.4.4 Monitoring of Other Fire Systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.
907.7 Acceptance Tests and Completion is amended to read as follows:
907.7 Acceptance Tests and Completion. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. Fire alarm systems in commercial structures shall obtain a UL Certificate for the system prior to final inspection.
907.9 Where Required in Existing Buildings and Structures is amended to read as follows:
907.9 Where Required in Existing Buildings and Structures. An approved fire alarm system shall be provided in existing buildings and structures where required in Chapter 11. When an alteration to any existing building or structure requires an upgrade or new fire alarm system, multiple fire alarm systems shall be approved by the fire code official.

SECTION 912 FIRE DEPARTMENT CONNECTIONS is amended to read as follows:
912.2 Location is amended to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be within 100 feet of a fire hydrant or as approved by the fire code official (Also see Section 507.5.1.1).

CHAPTER 10 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 1028 EXIT DISCHARGE is amended as follows:
1028.5.1 Exit Discharge Surface is added to read as follows:
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1028.5.1 Exit Discharge Surface. Exterior exit pathway surfaces shall be of a non-slip type surface that would not contribute to a fall, slip, or trip hazard in inclement weather. The pathway shall terminate at a public way as defined in the California Building Code.

CHAPTER 12 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS) is amended as follows:
1207.11.5.1 Electrical Disconnect added to read as follows:
1207.11.5.1 Electrical Disconnect. The ESS disconnect shall be located on the exterior of the building and at the main panel.
1207.11.11 Interconnected Electrical Power Sources is added to read as follows:
1207.11.11 Interconnected Electrical Power Sources, A permanent directory site plan plaque denoting the location of all electrical power source disconnecting means on or in the premises shall be installed at each service equipment location and at the location(s) of the system disconnect(s) for all electric power production sources capable of being interconnected.

CHAPTER 33 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 3303 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION is amended to read as follows:
3303.1.2 Additional Amendments is added to read as follows:
3303.1.2 Additional Amendments. Additional requirements may be required to an approved site safety plan if deemed necessary by both the Building Official and fire code official, based on previous fires or hazards that occurred on site or within the jurisdiction. 3303.1.3 Site Security Requirements is added to read as follows:
3303.1.3 Site Security Requirements. Site security requirements hall include the following if deemed necessary by both the Building Official and fire code official:

1. Controlled access points.

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top.

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols.

4. Detection check points located throughout the buildings for fire watch and patrol verification.

5. Security camera coverage throughout the site with motion detection notifications.

6. Identify measures taken to prevent tampering with security cameras and motion sensors. 169 of 511

7. Necessary lighting throughout the project site.

SECTION 3319 GENERAL ASBESTOS REMOVAL is added to read as follows:
3319.1 General is added to read as follows:
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets, and similar equipment.

2. Pipes, ducts, girders, or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.
3319.2 Notification is added to read as follows:
3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.
3319.3 Plastic Film is added to read as follows:
3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807. 3319.4 Signs is added to read as follows:
3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas, and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high.

CHAPTER 39 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 3901 GENERAL is amended as follows:
3901.1.1 Cannabis Growing, Processing, or Extraction Facilities is added to read as follows:
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3901.1.1 Cannabis Growing, Processing, or Extraction Facilities. Cannabis growing, processing, and extraction facilities shall be designed and constructed in accordance with this chapter and NFPA 1, Chapter 38 as amended in Chapter 80.

CHAPTER 49 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 4902 DEFINITIONS is amended as follows:
4902.1 WILDLAND-URBAN INTERFACE (WUI) is amended to read as follows:
4902.1 WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the Woodside Fire Protection District to be at a significant risk from wildfires.

SECTION 4903 PLANS is amended as follows:
4903.2 CONTENTS is amended to read as follows:
4903.2 CONTENTS.

The fire protection plan shall be based on a project-specific wildfire hazard assessment that includes consideration of location, topography, aspect, and climatic and fire history.

The plan shall identify conformance with all applicable state wildfire protection regulations, statutes and applicable local ordinances, whichever are more restrictive.

The plan shall address fire department access, egress, road and address signage, water supply in addition to fuel reduction in accordance with Public Resources Code (PRC) 4290; the defensible space requirements in accordance with PRC 4291 or Government Code 51182 and applicable Fire District ordinances; and the applicable building codes and standards for wildfire safety. The plan shall identify mitigation measures to address the project’s specific wildfire risk and shall include the information required in section 4903.2.1
SECTION 4906 VEGETATION MANAGEMENT is amended as follows:
4906.2 APPLICATION is amended to read as follows:
4906.2 APPLICATION. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and applicable Fire District ordinances.

SECTION 4907 DEFENSIBLE SPACE is amended to read as follows:
4907.1 General is amended to read as follows:
4907.1 General. Hazardous vegetation and fuels and defensible space shall be managed in State Responsibility and Local Responsibility Areas as identified in Section 4907.2 to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading 171 of 511
to buildings as required by applicable laws and regulations, including applicable ordinances of the Fire District.
4907.3 Requirements is amended to read as follows:
4907.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guidelines to Create Defensible Space”).

3. California Government Code, Section 51182.

4. California Code of Regulations Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. All applicable ordinances of the Woodside Fire Protection District.

CHAPTER 50 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 5001 HAZARDOUS MATERIALS GENERAL PROVISIONS is amended as follows:
5001.5.1 Hazardous Materials Management Plan (HMMP) is amended to read as follows:
5001.5.1 Hazardous Material Management Plan (HMMP). Where required by the fire code official, an application for a permit shall include an HMMP. The HMMP shall include an aerial pre-plan of the facility that includes, but is not limited to, the following:

1. Access to each storage and use area.

2. Location of emergency equipment.

3. Location where liaison will meet emergency responders.

4. Facility evacuation meeting point locations.

5. The general purpose of other areas within the building.

6. Location of all above-ground and underground tanks and their appurtenances including, but not limited to sumps, vaults, below-grand treatment systems and piping.

7. The hazard classes in each area.

8. Locations of all control areas and Group H occupancies.

9. Emergency exits.
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10. Fire Department related safety equipment:

A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room
5001.5.3 Emergency Response Support Information is added to read as follows:
5001.5.3 Emergency Response Support Information. This section is applicable to occupancies with an operational permit as set forth in Section 105.5 and/or in conjunction with Section 5001.5.2. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

SECTION 5003 HAZARDOUS MATERIALS GENERAL REQUIREMENTS is amended as follows:
5003.9.1.2 Documentation is added to read as follows:
5003.9.1.2 Documentation. Evidence of compliance with the provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by Fire District personnel.

CHAPTER 53 COMPRESSED GASES IS ADOPTED IN ITS ENTIRETY AND AMENDED

AS BELOW
SECTION 5307 COMPRESSED GASES NOT OTHERWISE REGULATED is amended as follows:
5307.4.3 Gas Detection System is amended to read as follows:
5307.4.3 Gas Detection System. A gas detection system complying with Section 916 shall be provided in rooms or indoor areas in which the carbon dioxide enrichment process is located, in rooms or indoor areas in which container systems are located, and in other areas where carbon dioxide is expected to accumulate. Carbon dioxide sensors shall be provided within 12 inches (305 173 of 511
mm) of the floor in the area where the gas is expected to accumulate, or leaks are most likely to occur. The system shall be designed as follows:

1. Activates a low-level alarm upon detection of a carbon dioxide concentration of 5,000 ppm.

2. Activates a high-level alarm upon detection of a carbon dioxide concentration of 10,000 ppm.

CHAPTER 56 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 5601 EXPLOSIVES AND FIREWORKS is amended as follows:
5601.1.3 Fireworks is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks within all areas of the Woodside Fire Protection District are prohibited.

Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

2. Special permit issued to a licensed pyrotechnic operator by the Fire Marshal.

3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices. 5601.2.2 Sale and Retail Display is amended to read as follows:
5601.2.2 Sale and Retail Display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction.

Exception:

Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

SECTION 5608 FIREWORKS DISPLAY is amended as follows:
5608.1 General is amended to read as follows:
5608.1 General. All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19, and the applicable section of this code. Permits for public display and/or special effects shall be obtained through the Fire Marshal. 5608.1.1 Scope is amended to read as follows:
5608.1.1 Scope. All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the Woodside Fire Protection District.
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CHAPTER 57 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 5704 FLAMMABLE AND COMBUSTIBLE LIQUID STORAGE is amended as follows:
5704.2.9.6.1 Locations Where Above-Ground Tanks are Prohibited is amended to read as follows:
5704.2.9.6.1 Locations Where Above-Ground Tanks are Prohibited. The limits referred to in sections 5704.2, 5704.4.2.4, Table 5704.2, and section 5706 of the California Fire Code in which the storage or dispensing of flammable or combustible liquid, in outside above ground tanks, is permitted, shall be limited to districts zoned for commercial, industrial, or agricultural uses. The dispensing, mixing, handling, or storage adjacent to or on parcels with R1 and R2 occupancies is prohibited.

Exceptions:

1. Quantities less than 50 gallons.

2. Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential district, and for approved facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed an aggregate total of 1,000 gallons for any class of liquids.

3. Farms, critical infrastructure, and construction sites if it is determined by the Fire Marshal that the safety of the public is not compromised. The occupancy classification quantities in chapter 57 shall not be exceeded.
5706.2.4.4 Locations where Above-ground Tanks are Prohibited is amended to read as follows:
5706.2.4.4 Locations where Above-Ground Tanks are Prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for approved facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.

CHAPTER 58 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 5806 FLAMMABLE CRYOGENIC FLUIDS is amended as follows:
5806.2 Limitations is amended to read as follows:
5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use. 175 of 511
Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4 of this code
CHAPTER 61 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW SECTION 6103 LIQUIFIED PETROLEUM GAS, INSTALLATION OF EQUIPMENT is amended as follows:
6103.2.1.7 Use for Food Preparation is amended to read as follows:
6103.2.1.7 Use for Food Preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one pound capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

SECTION 6104 LOCATION OF LIQUIFIED PETROLEUM GAS CONTAINERS is amended to read as follows:
6104.2 Maximum Capacity Within Established Limits is amended to read as follows:
6104.2 Maximum Capacity Within Established Limits The storage of liquefied petroleum gas shall not exceed a water capacity of 100 gallons aggregate for any one premise installation within the Woodside Fire Protection District territory where natural gas mains exist.

Exception: Installation of Liquefied Petroleum Gas may be permitted if used as a means of emergency standby supply for residential or industrial operations, or used for medical, research, testing, or purposes not suited to the use of natural gas. Such installation shall be in accordance with Chapter 61 of the California Fire Code and all provisions of NFPA 58 and must not exceed 1000 gallons aggregate for any one premise installation.

CHAPTER 80 IS ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW CHAPTER 80 REFERENCED STANDARDS is amended by amending NFPA 13D (2020):Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes as follows:

Add Section 7.7.1 to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Revise Section 8.3.5.1.2 to read:
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8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

APPENDIX B FIRE FLOW REQUIREMENTS FOR BUILDINGS IS ADOPTED IN ITS

ENTIRETY AND AMENDED AS BELOW
SECTION B105 FIRE FLOW REQUIREMENTS FOR BUILDINGS is amended as follows:

Section B105.1 is amended to read as follows:

B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and townhouses.

The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(1) and B105.1(2).

The minimum fire flow shall be 1000 gallons per minute. A water supply for fire protection shall mean a fire hydrant within 600 feet from the building, measured via an approved roadway/driveway capable of the required fire flow. Where a public or private water company is not within a 1000 feet of a required fire hydrant location, or the water company cannot provide the required gallons per minute, NFPA 1142 Standard on Water Supplies for Suburban and Rural Firefighting 2022 Edition may be adhered to for fire flow requirements as an alternate means. 177 of 511
TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES is amended as follows:

TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

FIRE-FLOW

CALCULATION
AREA
(Square feet)

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIREFLOW
(gallons per
minute)

FLOW DURATION
(hours)
0-3,600 No automatic sprinkler system 1,000 1
3,601 and greater No automatic sprinkler system Value in Table B105.1(2)
Duration in Table
B105.1(2) at
the required fire-flow
rate
0-3,600 Section 903.3.1.3 of the California
Fire Code
or Section 313.3 of the California
Residential Code
1,000 1
3,601 and greater Section 903.3.1.3 of the California
Fire Code
or Section 313.3 of the California
Residential Code
½ value in
Table B105.1(2)a
1 For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,000 gallons per minute. 178 of 511
TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES is amended to read as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIREFLOW
(Gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table
B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION IS ADOPTED IN ITS

ENTIRETY AND AMENDED AS BELOW
SECTION C103 FIRE HYDRANT SPACING is amended as follows:

C103.2.1 Modified Distribution of Fire Hydrants is added to read as follows:

C103.2.1 Average Spacing. In rural areas where parcels with structures have large frontages and or long driveways, the minimum location of a fire hydrant shall be 600 feet to the structure measured via a roadway or primary driveway as approved by the Fire Code Official.

APPENDIX D FIRE APPARATUS ACCESS ROADS IS ADOPTED IN ITS ENTIRETY

AND AMENDED AS BELOW
SECTION D103 MINIMUM SPECIFICATIONS is amended as follows:

D103.1 Access Road with a Hydrant is amended to read as follows:

D103.1 Access Road with a Hydrant. Where a fire hydrant is located on a fire apparatus access road, the road shall be a minimum of 20 feet in width inclusive of all-weather drivable shoulders. 179 of 511
Figure D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND is amended to read as follows:

For SI: 1 foot = 304.88 mm.
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D103.2 Grade is amended to read as follows:

Section D103.2 Grade. Fire apparatus access roads or driveways shall not exceed 20 percent in grade.

Appendix L REQUIREMENTS FOR FIREFIGHTER AIR REPLENISHMENT SYSTEMS IS

ADOPTED IN ITS ENTIRETY AND AMENDED AS BELOW
SECTION L101.1 SCOPE is amended as follows:

L101.1 Scope. Buildings more than 10 stories in height shall install Firefighter Air Replenishment Systems.

SECTION 7: VALIDITY
The Woodside Fire Protection District Board of Directors hereby declares that should any section, paragraph, sentence, or word of this Ordinance or of the codes adopted by reference herein be declared for any reason to be invalid, it is the intent of the Woodside Fire Protection District Board of Directors that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid.

SECTION 8: PUBLIC POSTING AND PUBLICATION
This ordinance shall be publicly posted in the following places:

Front Door of the Woodside Fire Protection District office.

Bulletin Board in Front of Station 19 in the Woodside Fire Protection District; and Woodside Fire District Website.

Publication shall be as required by law in the Country Almanac.

SECTION 9: REPEAL OF CONFLICTING ORDINANCES.

Ordinance No.12 of the Woodside Fire Protection District is hereby repealed.

SECTION 10: ADOPTION OF CEQA FINDINGS.

The Woodside Fire Protection District Board finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14, Chapter 3, California Code of Regulations Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. The Ordinance adopts standard codes in effect pursuant to state law and sets requirements for compliance. The adoption of this Ordinance does not entitle new development or any changes to the physical environment.
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SECTION 11: DATE OF EFFECT.

This ordinance shall be published once in the Country Almanac and shall be effective upon the expiration of 30 days from its adoption, except that this Ordinance shall not be effective within a municipality within the District until it is ratified by that municipality's governing body, and shall not be effective within the unincorporated areas that are part of the District until it is ratified by the Board of Supervisors of the County of San Mateo.

Regularly passed and adopted this 25th day of July 2023 by the following vote:

PASSED, APPROVED and ADOPTED this 25th day of July 2023 at the regular meeting of the District Board of Directors held on July 25th, 2023, on a motion made by Director Randy Holthaus, seconded by Director Patrick Cain, and duly carried with the following roll call vote:

A YES: Directors Matt Miller, Randy Holthaus, and Patrick Cain NOES: None
ABSENT: None
ORDINANCE NO. 13-2023
Matt Miller, President
Board of Directors
ATTEST:

Don Bullard
Fire Marshal
Randy Holthaus
District Secretary
44 AS TO FORM:

Jon Holtzman
District Counsel
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WOODSIDE FIRE PROTECTION DISTRICT
ORDINANCE NO. 13-2023

DISTRICT FIRE PREVENTION CODE

AN ORDINANCE OF THE WOODSIDE FIRE PROTECTION DISTRICT ADOPTING THE 2022 CALIFORNIA FIRE CODE (BASED ON THE 2021 EDITION OF THE

INTERNATIONAL FIRE CODE), INCLUDING APPENDICES B, BB C, CC, D, L AND P ONLY, WITH LOCAL AMENDMENTS, ADOPTING THE 2021 EDITION OF THE

INTERNATIONAL WILDLAND-URBAN INTERFACE CODE, INCLUDING APPENDICES

A THROUGH D ONLY, ADOPTING FINDINGS SUPPORTING THE LOCAL

AMENDMENTS, ADOPTING A FINDING THAT THE ORDINANCE IS EXEMPT FROM

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND REPEALING ORDINANCE NO. 12.

NOW, THEREFORE, the Board of Directors of the Woodside Fire Protection District ordains as follows:

SECTION 1: LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAPHICAL

Attachment 2b
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The Woodside Fire Protection District encompasses 32 square miles in southern San Mateo County. The physical location of the district includes the Town of Woodside, the Town of Portola Valley, and several unincorporated areas of San Mateo County such as Ladera, Los Trancos, Vista Verde, Emerald Lake, and the Skyline region. The Woodside Fire Protection District finds that unique climatic, geological, and topographic conditions within the District warrant amendments to the 2022 California Fire Code that are reasonably necessary to address fire-related problems and concerns and the future direction by which this Fire District can establish and maintain an environment that will afford a level of fire and life safety to its citizens. These climatic, geological, and topographical conditions are as follows:

The Fire District is in a “Chaparral Biome.” In its natural state, chaparral is characterized by infrequent fires, with intervals ranging between 10 to 15 years to over a hundred years. Mature chaparral (stands that have been allowed greater intervals between fires) is characterized by impenetrable, dense thickets. These plants are highly flammable. They grow as woody shrubs with hard and small leaves, are non-leaf dropping (non-deciduous), and are drought tolerant. After the first seasonal rains following a fire, the landscape is dominated by soft-leaved, non-woody annual plants, known as fire followers, which die back with the summer dry period. The California Interior Chaparral and Woodlands Eco-Region covers 24,900 square miles in an elliptical ring around the California Central Valley. It occurs on hills and mountains ranging from 300 to 3,000 feet in elevation. It is part of the Mediterranean forests, woodlands, and scrub biome. Many of the plants 184 of 511
are pyrophytes, or “fire-loving,” adapted to (or even depending on) fire for reproduction, recycling of nutrients, and the removal of dead or senescent vegetation. Many plant and animal species in this ecoregion are adapted to periodic fire.

The winds experienced in the District can have a tremendous impact upon structure fires by carrying sparks and burning brands to other structures, thus spreading the fire and causing conflagrations.

Fires following an earthquake have the potential of causing greater loss of life and damage than the earthquake itself. A significant portion of the District’s residential and commercial structures are in seismic risk zones. Should a significant seismic event occur, fire suppression resources 185 of 511
would have to be prioritized to mitigate the greatest threat and may not be available for every structural fire. In such an event, individual structures should be equipped to help in mitigation of the risk of damage.

In 1989 a 7.0 magnitude earthquake struck the San Francisco Bay Area via the San Andreas Fault.

Topographical Conditions
The district’s topographical conditions are closely associated with the geological element. With elevation changes between 400 and 1800 feet within the district, development has followed the path of least resistance, creating a meandering pattern. The district is divided by canyons, hills, lakes, and streams. This circumstance does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross-town thoroughfares that tend to be heavily congested, primarily during commute hours and seasonal 186 of 511
periods of the year. This creates barriers that reduce the response time of fire equipment and other emergency services.

If fire apparatus is hindered in their response, automatic fire sprinkler protection will help.

This will not only hamper fire suppression operations, but limits building design. When water supplies must be altered to accommodate new construction, Woodside Fire Protection District Standards on Water Supplies attempt to work with the existing infrastructure to accommodate the needs of firefighters.
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Residential properties in the Fire District consist primarily of one-acre or smaller and 1–5-acre parcels, flag lots, and single and multi-family infill developments. Common to the larger parcels is the development of additional residential or in-law type occupancies for which fire department access is difficult based on existing driveway configurations for the original single-family parcels.

Water supply, (municipal fire flow), systems within the district are directly affected by the topographical layout of the district. Water supplies within the district vary dramatically with some 188 of 511
areas having little or no water flowing more than 500 gallons per minute. This wide variation causes major problems for development as well as fire suppression activities.

B. A copy of the District Fire Prevention Code, as defined herein, shall be kept on file in the office of the Woodside Fire Protection District or Bureau of Fire Prevention & Life Safety.

A. Section 13861(h), which empowers the district to adopt ordinances; B. Section 13861(i), which empowers the district to establish and enforce rules and regulations for the administration, operation, and maintenance of the governmental services which it is authorized to provide;
C. Section 13862, which empowers the district to provide certain governmental services including fire protection services;
D. Section 13869, which empowers the district to adopt a fire prevention code by reference; E. Section 13870, which empowers the district’s authorized representatives to order correction or elimination of fire and life hazards;
F. Section 13871(b), which provides that failure to correct or eliminate a fire or life hazard after a duly issued order is a misdemeanor;
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G. Section 13872, which empowers the District’s authorized representatives to issue citations for certain violations;
H. Section 13873, which provides that the District’s employees shall have the powers of peace officers while engaged in the prevention and suppression of fires and the preservation of life and property; and
I. Sections 13916, 13917, 13918 and 13919, which, among other things, empower the District’s Board of Directors to charge a fee to cover the cost of any services that the District provides and the cost of enforcing any regulation for which a fee is charged.

SECTION 5: AUTHORITY AND DUTIES OF THE BUREAU OF FIRE PREVENTION

B. The Fire Marshal may appoint such members of the Fire Department as Deputy Fire Marshals and Inspectors as shall from time to time be necessary.

C. A report of the Bureau of Fire Prevention shall be made monthly or annually and transmitted to the Board of Directors. It shall contain such statistics as the Chief of the Department, or the Board of Directors may wish to include therein. The Fire Marshal shall produce and transmit to the Board of Directors, Town Councils of Woodside, 190 of 511
Portola Valley, and the San Mateo County Board of Supervisors a report of all California State Fire Marshal mandated inspection activity within the Woodside Fire Protection District territory annually, by December 15th. The Chief of the Department shall recommend any amendments to the Code, which, in his judgment, shall be desirable.

SECTION 6: LOCAL AMENDMENTS, MODIFICATIONS AND DELETIONS TO THE

If a section is not referenced below, it remains unchanged.

1. Structures, facilities and conditions arising after the adoption of this code.

2. Existing structures, facilities, and conditions not legally in existence at the time of adoption of this code.

3. Existing structures, facilities and conditions where required in Chapter 11. 191 of 511

4. Existing structures, facilities, and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life or property.

Areas to be included in the gross floor area square footage calculation include:

1. Garages or carports if under a habitable space

2. New attached garage

3. All additions

4. Total square footage of any room that received alterations or additions. Removing sheetrock exposing structural framing or any structural change in a room involves the total square footage of that room.
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Existing square footage shall be obtained from the San Mateo County Tax Assessor’s Office or may be submitted by a licensed architect.

These standards, which apply to subjects not specifically covered by the Fire Code, are necessary for the Woodside Fire Protection District to provide a reasonable degree of fire and life safety for the community and firefighters within the jurisdictional boundaries of the Fire District and are maintained in accordance with Section 102.9 of the Fire Code. 104.2.1 Review Construction Documents is added to read as follows:
104.2.1 Review Construction Documents. Woodside Fire Protection District shall review all applications and construction documents related to any type of existing or new driveway construction, improvement or reconstruction within its territory jurisdiction which have been submitted to the Building Department.
104.12.4 Authority to Photograph or Otherwise Record Investigations is added to read as follows:
104.12.4 Authority to Photograph or Otherwise Record Investigations. The Chief or his duly authorized representative may make such audio, visual or other recordings including photographs, video tapes, audio tapes, diagrams, drawings, sketches, and the like, in connection 193 of 511
with the investigation of any actual or alleged violation of this code or in connection with the investigation of any incident as authorized by this code.

SECTION 105 PERMITS is amended as follows:
105.5 Required Operational Permits is amended to read as follows:
105.5 Required Operational Permits.

1. Apartment, hotel, or motel. An operational permit is required to operate an apartment house, hotel, or motel.
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