Agenda packet — Portola Valley City Council, February 14, 2024

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, February 14, 2024
7:00 PM
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, 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. PRESENTATIONS/PROCLAMATIONS
a. Proclamation for Black History Month February 2024

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

5. CONSENT AGENDA

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Town of Portola Valley – Council Agenda
February 14, 2024

Page 2 of 2 ends

a. Approval of Warrant List- 2/14/2024
b. Accept Annual Automated License Plate Reader (ALPR) System Audit c. Accept the Appropriations (Gann) Limit Recalculation and Gann Limit for FY 2023-24

6. REGULAR AGENDA
a. Approval of the Proposed Contract with Shute Mihaly Law Firm for the Town Attorney

7. COUNCIL SUBCOMMITTEE UPDATES
There are no written materials, and the Town Council does not take action under this agenda item.

8. 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.

9. ADJOURNMENT
The next Regular Town Council meeting will be held on February 28, 2024, at 7:00 PM ***************************************************************************************************************** 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 (mahWEK-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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PROCLAMATION
of
The Town of Portola Valley Recognizing February 2024 as Black History Month

WHEREAS, in 1970, Black United Students and Black educators at Kent State University, building on work begun in 1926 by Carter G. Woodson to bring attention to the need to acknowledge and accurately represent Black and African American history, founded Black History Month; and beginning in 1976, every United States President has declared the month of February as “Black History Month”; and
WHEREAS, Black and African Americans have made innumerable contributions that have enriched America and indeed the lives of every American; and every American should acknowledge and express thankfulness for these contributions; and Black and African Americans have made and continue to make America a better place and Americans a better people; and WHEREAS, throughout the arc of history to the present day, Black and African Americans have experienced and endured the inhumanity of injustices and inequities - not just from societal and institutional biases and racism rooted in white supremacy, but also from other Americans; and WHEREAS, it is a moral imperative that each of us learns about, sheds light upon, and condemns the inhumanity of injustices and inequities that Black and African Americans continue to experience and endure, and furthermore that each of us takes action to realize true reforms; and WHEREAS, to be silent in voice and complacent in action is to be complicit in this inhumanity and injustice; and
NOW THEREFORE, I, Sarah Wernikoff, Mayor of the Town of Portola Valley, California, do hereby recognize February 2024 as National Black History Month AND I CALL UPON EACH ONE OF US to listen to Black voices; to learn about experiences of Black and African Americans throughout history as well as today; to shed light upon and condemn the inhumanity of injustices and inequities that Black and African Americans experience and endure; to take ownership for each of our roles in perpetuating these; to confront and end biases and racism stoked by white supremacy; and to take action to realize true reforms in ourselves, our community, our culture, and our institutions to abolish injustice and inequities that Black and African Americans still experience and endure today.

Black History Month
February 2024

___________________________
Sarah Wernikoff, Mayor
February 14, 2024
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TOWN MANAGER REPORT
There are no written materials and the TownCouncil does nottake action underthis agenda item 4 of 62

TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
February 14, 2024
Claims totaling $232,632.24 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 _____________________________ ________________________________ Sharif Etman, Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Corie Stocker , Assistant Town Manager Mayor
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apachreg Town of Portola Valley mmagahiz 02/08/2024 14:03 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3883 18 ALL FENCE COMPANY INC. 1,440.00 02/14/243884 59 BMI 415.30 02/14/243885 71 BW CONSTRUCTION 1,875.00 02/14/243886 95 CERPP 5,000.00 02/14/243887 124 COMCAST 212.12 02/14/243888 135 CSG CONSULTANTS INC 16,522.00 02/14/243889 174 ENVIRONMENTAL SYSTEMS RESEARCH 2,310.00 02/14/243890 176 EXCEL LD 42.10 02/14/243891 202 GRASSROOTS ECOLOGY 5,000.00 02/14/243892 213 HILLYARD INC 502.92 02/14/243893 218 MISSIONSQUARE RETIREMENT 5,730.82 02/14/24 EFTPS3894 234 J. W. ENTERPRISES 546.88 02/14/243895 276 KUTZMANN & ASSOCIATES 4,017.38 02/14/243896 334 NOLTE ASSOCIATES INC 8,381.41 02/14/243897 341 OLBERDING ENVIRONMENTAL INC 1,127.45 02/14/243898 343 OPENGOV INC. 48,624.00 02/14/243899 364 PERS HEALTH 17,960.11 02/14/24 EFTPS3900 372 PINNACLE BUILDING & DESIGN 2,000.00 02/14/243901 374 PLAN JPA 382.50 02/14/243902 375 PLATINUM FACILITY SERVICES 4,936.68 02/14/243903 376 PORTOLA VALLEY HARDWARE 313.00 02/14/243904 380 PURCHASE POWER 86.82 02/14/243905 430 SHELTON ROOFING 1,000.00 02/14/243906 445 STANDARD INSURANCE CO. 529.68 02/14/243907 489 VERIZON WIRELESS 490.88 02/14/24 EFTPS3908 505 WOODSIDE FIRE PROTECTION DISTR 10,748.08 02/14/243909 518 GOT GOPHERS? 525.00 02/14/243910 519 JPC BUILDERS 1,000.00 02/14/243911 532 SAN MATEO COUNTY MANAGERSOFF 9,013.00 02/14/243912 557 JSD CONSTRUCTION 1,000.00 02/14/243913 647 STEVEN KULL 2,158.10 02/14/243914 744 PATTY DEWES 789.94 02/14/243915 847 LISA WISE CONSULTING 2,958.75 02/14/243916 860 STEPFORD 4,401.00 02/14/243917 869 CSMFO 135.00 02/14/243918 949 PORTER CAPITAL CORPORATION 5,544.00 02/14/243919 1016 SHUTE, MIHALY & WEINBERGER LLP 39,759.04 02/14/243920 1039 DONAVON PARK 1,032.50 02/14/243921 1044 TOMS DISCOUNT OFFICE FURNITUR 5,232.02 02/14/24 3922 1064 HDL COREN & CONE 1,412.50 02/14/243923 1082 TESLA ENERGY OPERATIONS 120.00 02/14/243924 1094 ITE & LANDSCAPE SERVICES, INC. 8,590.00 02/14/243925 1101 AMRITANSH RAGHAV 3,326.26 02/14/243926 1102 DAVID PEJCHA 3,484.00 02/14/243927 1103 DIANNE O DONNELL 956.00 02/14/24 6 of 62
apachreg Town of Portola Valley mmagahiz 02/08/2024 14:03 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type 3928 1104 UNIVERSAL DEVELOPING 1,000.00 02/14/24Check totals: 208,450.43ACH totals:EFTPS totals: 24,181.81Wire transfer totals:Payment Manager totals:GRAND TOTALS 232,632.24Check totals: 208,450.43ACH totals:EFTPS totals: 24,181.81Wire transfer totals:Payment Manager totals:GRAND TOTALS 232,632.24 7 of 62
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apapdinv2 mmagahiz Town of Portola Valley Page 1
14:03 02/08/24 Paid Invoices by Date
From: 02/14/2024 to 02/14/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 18 ALL FENCE COMPANY INC.
02/14/24 3883 Fence Repairs -8NEW FENCE 1,440.00 1,440.00 82450 Vendor: 59 BMI
3884 2024 Music License Renewal 415.30 415.30 51424600
Vendor: 71 BW CONSTRUCTION
3885 Reimbursement - Repair Drainage Swale 1,875.00 1,875.00 1106 Vendor: 95 CERPP
3886 FY2023- 2024 Annual Contribution 5,000.00 5,000.00 FY2023-2024 Vendor: 124 COMCAST
3887 WIFI-01.21.2024-2.20.2024 212.12 212.12 1945-JAN24 Vendor: 135 CSG CONSULTANTS INC
3888 Dec Code Enforcement, Bldg Svcs, In house plan review 16,522.00 16,522.00 DEC-2023 Vendor: 174 ENVIRONMENTAL SYSTEMS RESEARCH
3889 GIS Renewal 3/31/24-3/30/25 2,310.00 2,310.00 94637973 Vendor: 176 EXCEL LD
3890 JanuaryTelephone LD Services 42.10 42.10 1197629165 Vendor: 202 GRASSROOTS ECOLOGY
3891 SFC Program Support FY23-24 5,000.00 5,000.00 PVSFC0224 Vendor: 213 HILLYARD INC
3892 Janitorial Supplies 502.92 502.92 605376212
Vendor: 218 MISSIONSQUARE RETIREMENT
3893 Deferred Comp - January 31, 2024 5,730.82 5,730.82 JANUARY-202431 Vendor: 234 J. W. ENTERPRISES
3894 Handicap Unit Rental & Services 546.88 315.44 256043 Handicap Unit Rental & Services 231.44 256044
Vendor: 276 KUTZMANN & ASSOCIATES
3895 December Plan Checks 4,017.38 4,017.38 175846
Vendor: 334 NOLTE ASSOCIATES INC
3896 December Applicant Charges & PW Support 8,381.41 8,381.41 DEC-2023 Vendor: 341 OLBERDING ENVIRONMENTAL INC
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apapdinv2 mmagahiz Town of Portola Valley Page 2
14:03 02/08/24 Paid Invoices by Date
From: 02/14/2024 to 02/14/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/14/24 3897 C-1 Trail Monitoring 10/01/23 - 12/31/23 1,127.45 1,127.45 2023475 Vendor: 343 OPENGOV INC.
3898 OGFS/Mgmt. Reports/PLCF Svcs, 01/15/24-01/14/2025 48,624.00 48,624.00 INV12417 Vendor: 364 PERS HEALTH
3899 February Health 17,960.11 17,960.11 100000017421195 Vendor: 372 PINNACLE BUILDING & DESIGN
3900 Deposit Refund, 501 Portola #22A 2,000.00 1,000.00 BLDR0167-2023 Deposit Refund, 501 Portola #3M 1,000.00 BLDR0178-2023
Vendor: 374 PLAN JPA
3901 General Liability Claims- January 2024 382.50 382.50 PLAN-2024-0162 Vendor: 375 PLATINUM FACILITY SERVICES
3902 Janitorial Services - January 2024 4,936.68 4,488.67 48002 Janitorial Services - Jan 2024. Fridays disinfection svcs 448.01 48003 Vendor: 376 PORTOLA VALLEY HARDWARE
3903 January Statement 313.00 313.00 193-JAN24
Vendor: 380 PURCHASE POWER
3904 Postage Meter 86.82 86.82 7931-JAN24
Vendor: 430 SHELTON ROOFING
3905 Deposit Refund, 6 Valley Oak 1,000.00 1,000.00 BLDR0211-2023 Vendor: 445 STANDARD INSURANCE CO.
3906 LTD/Life Premium 529.68 529.68 2024-JAN
Vendor: 489 VERIZON WIRELESS
3907 January Cellular 490.88 490.88 9955116412
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3908 CERRP Coordinator Jan, Feb, Mar 2024 10,748.08 10,748.08 2024 Q1_PV Vendor: 518 GOT GOPHERS?
3909 Town Fields Gopher Trapping- January 2024 525.00 525.00 58508 Vendor: 519 JPC BUILDERS
3910 Refund Deposit, 140 Solana 1,000.00 1,000.00 BLDR0156-2022 Vendor: 532 SAN MATEO COUNTY MANAGERSOFF
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apapdinv2 mmagahiz Town of Portola Valley Page 3
14:03 02/08/24 Paid Invoices by Date
From: 02/14/2024 to 02/14/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/14/24 3911 FY 2022-23 Animal Care Shelter Construction Costs (PV Share) 9,013.00 4,450.00 ASC2223PORTOLAR FY 2023-24 Animal Care Shelter Construction Costs (PV Share) 4,563.00 ASC2324PORTOLAR Vendor: 557 JSD CONSTRUCTION
3912 Deposit Refund, 4660 Alpine 1,000.00 1,000.00 BLDR0087-2023 Vendor: 647 STEVEN KULL
3913 Refund Deposit, 305 Cervantes 2,158.10 2,158.10 BPLR0006-2022 Vendor: 744 PATTY DEWES
3914 Annual licensing fees Skedda Crt Resv, & Survey Monkey 789.94 789.94 FRRC-24-1 Vendor: 847 LISA WISE CONSULTING
3915 Professional Services: December 2023 2,958.75 2,958.75 4737 Vendor: 860 STEPFORD
3916 Monthly Service Charges 02/01/2024 THRU 02/29/2024 4,401.00 3,920.00 2401054 Veeam Backup & Disaster Recovery & License Feb 24 481.00 2401055 Vendor: 869 CSMFO
3917 FY23-24 Membership Dues 135.00 135.00 2024 CSMFO
Vendor: 949 PORTER CAPITAL CORPORATION
3918 Temp Service, Michelle Magahiz 01/15/24-01/21/24 5,544.00 1,584.00 7639 Temp Service, Michelle Magahiz 01/22/24-01/28/24 1,980.00 7654Temp Service, Michelle Magahiz 01/29/24-02/04/24 1,980.00 7670 Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
3919 December Legal Service 39,759.04 39,759.04 DEC-23-SMW Vendor: 1039 DONAVON PARK
3920 Deposit Refund, 570 Wayside 1,032.50 1,032.50 BLDM0003-2023 2 Vendor: 1044 TOMS DISCOUNT OFFICE FURNITUR
3921 Office Equip Cubicles Reconfigure Installation Assembly 5,232.02 5,232.02 14036 Vendor: 1064 HDL COREN & CONE
3922 Contract Svcs Property Tax - Jan-Mar 2024 1,412.50 1,412.50 SIN035405 Vendor: 1082 TESLA ENERGY OPERATIONS
3923 Refund Permit - 140 Russell 120.00 120.00 BLSP0019-2023 Vendor: 1094 ITE & LANDSCAPE SERVICES, INC.
3924 Tree Service 8,590.00 8,590.00 1902.R
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apapdinv2 mmagahiz Town of Portola Valley Page 4
14:03 02/08/24 Paid Invoices by Date
From: 02/14/2024 to 02/14/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 1101 AMRITANSH RAGHAV
3925 Deposit Refund - 229 Grove 3,326.26 518.76 BLDR0175-2021 Deposit Refund - 229 Grove 1,147.50 BLDR0174-2021Deposit Refund - 229 Grove 1,660.00 PLNARCH00152021 Vendor: 1102 DAVID PEJCHA
3926 Deposit Refund - 270 Mapache 3,484.00 2,489.00 BLDR0057-2022 Deposit Refund - 270 Mapache 401.25 PLNARCH00072021Deposit Refund - 270 Mapache 593.75 PLNPAR0009-2020 Vendor: 1103 DIANNE O DONNELL
3927 Deposit Refund - 70 Stonegate 956.00 956.00 BLDR0043-2020 Vendor: 1104 UNIVERSAL DEVELOPING
3928 Deposit Refund - 1 Fremontia 1,000.00 1,000.00 BLDR0169-2023 Check Date Totals 232,632.24
Grand Total 232,632.24
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
Howard Young, Public Works Director
DATE: February 14, 2024
RE: Annual Automated License Plate Reader system audit

RECOMMENDATION
Staff recommends the Town Council accept this audit of the Town’s Automated License Plate (ALPR) system.

BACKGROUND
In March 2017, the Town Council adopted an ordinance regulating the use of the Town’s Automated License Plate Readers (ALPRs). Installation was completed in February 2018.

Per the adopted ordinance:
“The Town Manager will give an annual report to the Town Council on the number of times data was accessed by law enforcement, including, but not limited to a report from the law enforcement agency as to how many of the license plates included in the data accessed were “hits” (on an active wanted list), the number of inquiries made by law enforcement personnel relative to the data, the justification(s) for those inquiries, and information on any data retained beyond retention periods described in 9.02.030(B) and the reasons for such retention.”

DISCUSSION
There are two ways to access information collected on the Town’s two ALPR installations:
• Through the Town’s credentials
• Through agreements to other agencies that utilize their own credentials Over the course of last year, the Town’s ALPR data was accessed in both ways.

TOWN OF PORTOLA VALLEY

STAFF REPORT

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Automated License Plate Readers Town Council 2/14/23

Page 2 ends

Town Credentials
The Town Manager and the Public Works Director have access to the ALPR system.

Between January 1, 2023 and December 31, 2023, there were 22 total logins through the Portola Valley LEARN portal (Attachment 1):
• Public Works Director Howard Young logged into the LEARN system twenty times; all logins were associated with system maintenance issues, as well as monthly status update check-ins as needed.

There were also two logins by the equipment vendor support staff for maintenance/system needs.

San Mateo County Sheriff’s Office
The Sheriff’s Office provided a report based on their use of the LEARN system (Attachment 2). There were no specific searches utilizing Portola Valley ALPRS for this time period.

Vigilant is unable to provide information on Portola Valley-specific searches by the Sheriff’s Office
Retention
The Town’s ALPR ordinance calls for an audit of any data kept beyond the retention period.

The Sheriff’s Office has not retained data longer than a year.

FISCAL IMPACT
There is no fiscal impact associated with acceptance of this audit report.

ATTACHMENT

1. LEARN audit, Town Credentials

2. Sheriff’s Office Report
________ Cindy Rodas, Finance Director _________ Sharif Etman, Town Manager 13 of 62
Attachment #1- LEARN Audit, Town Credentials
Vigilant VehicleManager - Audit Queries Report
No Query Type User Type Requestor Date Time
1 Accept Login Agency Manager Howard Young 12-18-23 15:13:00 2 Accept Login Agency Manager Howard Young 12-18-23 15:12:25 3 Accept Login Agency Manager Howard Young 12-14-23 08:19:59 4 Accept Login Agency Manager Howard Young 11-06-23 09:03:17 5 Accept Login Agency Manager Howard Young 10-09-23 07:54:27 6 Accept Login Agency Manager Howard Young 09-26-23 14:58:48 7 Accept Login Agency Manager Howard Young 07-07-23 07:35:39 8 Accept Login Agency Manager Howard Young 04-06-23 13:13:52 9 Accept Login Agency Manager Howard Young 03-17-23 09:45:49 10 Accept Login Agency Manager Howard Young 03-06-23 10:02:49 11 Accept Login Agency Manager Howard Young 03-03-23 15:44:50 12 Accept Login Agency Manager Vigilant Vendor Support 03-03-23 10:54:33 13 Accept Login Agency Manager Vigilant Vendor support 03-03-23 10:24:20 14 Accept Login Agency Manager Howard Young 03-03-23 09:01:17 15 Accept Login Agency Manager Howard Young 03-02-23 08:15:17 16 Accept Login Agency Manager Howard Young 02-28-23 11:28:13 17 Accept Login Agency Manager Howard Young 02-16-23 17:14:54 18 Accept Login Agency Manager Howard Young 02-14-23 09:51:35 19 Accept Login Agency Manager Howard Young 02-14-23 08:31:21 20 Accept Login Agency Manager Howard Young 02-07-23 12:10:20 21 Accept Login Agency Manager Howard Young 01-10-23 13:56:12 22 Accept Login Agency Manager Howard Young 01-10-23 13:55:21 14 of 62

AUTOMATED LICENSE PLATE READER
San Mateo County Sheriff’s Office/Portola Valley Audit
January 1, 2023 - December 31, 2023
Summary:

This report was requested by the Town of Portola Valley and reviews the usage of the Automated License Plate Readers (ALPR) owned and operated by the Town of Portola Valley. The Town of Portola Valley and San Mateo County Sheriff’s Office have their own Vigilant Solutions accounts (LEARN Portals) that work independently. The information that is gathered through the Portola Valley ALPR’s are viewable through that San Mateo County Sheriff’s Office’s LEARN Portal.

When an authorized user from the San Mateo County Sheriff’s conducts a search of a license plate, and/or partial license plate, the cameras from Portola Valley are automatically included in the search.

Additionally, an authorized user can conduct a search of a specific Portola Valley ALPR if they want to narrow down the search field.

This report reviews the general searches conducted by the San Mateo County Sheriff’s Office, which includes the Portola Valley’s ALPR, and specific searches using the Portola Valley’s ALPR.

Logins
Between January 1, 2023, and December 31, 2023, authorized users of the San Mateo County Sheriff’s Office logged into their LEARN Portal 1,360 times. These logins include from a desktop computer or mobile device. The San Mateo County Sheriff’s Office’s users include the patrol bureau, Vehicle Theft Tasks Force (VTTF), Investigations, Gang Intelligence Unit (GIU), Crime Suppression Unit (CSU) and analyst from the San Mateo County Sheriff’s Office.

Plate Queries
Between January 1, 2023, and December 31, 2023, users from the San Mateo County Sheriff’s Office have conducted 4,327 license plate inquires spanning over 596 cases. It is important to note through the LEARN Portal users can conduct partial searches of vehicles and often searches conducted under these circumstances can and will lead to multiple searches. Portola Valley searches are automatically included in San Mateo County Sheriff’s Office’s default searches.

Specific Portola Valley Related Cases
There were no specific searches utilizing Portola Valley ALPRS from January 2023 to December 2023.

Submitted by Captain Matthew Fox
February 4, 2024
Attachment #2 - Sheriff's Office Report
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
DATE: February 14, 2024
RE: Appropriations (Gann) Limit Recalculation and Gann Limit for FY 2023-24

RECOMMENDATION
Staff recommends Town Council accept the Gann Limit Recalculation for past fiscal years and establish the Limit of $5,116,145 for fiscal year 2023-2024.

BACKGROUND
California Proposition 4 (1979), also known as the Gann limit, was approved by voters with the goal of keeping state and local government spending, capped at 1978-79 levels, adjusted for changes in population and inflation. An amendment approved by voters in 1990 updates the calculation to start with actual appropriations in fiscal year 1986-87.

In fiscal year 2022-23, the Town of Portola Valley was within hundreds of dollars of reaching the maximum (its limit) allowed under the Gann Limit calculation.

DISCUSSION
The Town Manager requested a thorough review of the Town’s calculations as reaching or surpassing the Gann limit is extremely rare for municipalities in California. The Town Manager enlisted Krisch & Company to complete a recalculation of the Town of Portola Valley’s Appropriations (Gann) Limits (the Limit) for fiscal years ending June 30, 1987, to 2023. All four statutory adjustment factors were examined for accuracy to ensure the most advantageous options were selected.

A detailed analysis outlining the historical information for both factors is attached to this report. The result of the comprehensive review is an increase of $707,752.78 in the fiscal year 2022-23 Appropriations Limit for the Town from the original calculation of $4,212,097 to $4,919,850.

The Town’s fiscal year 2023-24 Limit is $5,116,145. Using the Town’s fiscal year 2023-24 budget, passed by Council on June 27, 2023, Krisch determined the Town’s total

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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________ Cindy Rodas, Finance Director _________ Sharif Etman, Town Manager appropriations subject to the Limit to be $3,912,972. This included proceeds of taxes totaling $5,643,823, with exclusions of $1,730,850 including qualified capital outlay and federal mandates. In other words, the Town is now within the appropriation limit and will not exceed the limit in the near future.

Government Code Section 37200 requires that the appropriations limit and the total appropriations subject to the limitation be published on the Town's website 15 days prior to Council action. This requirement has been fulfilled. Furthermore, when a municipality recalculates its Limit, it must open a 60-day public challenge period to allow the public time to review and comment on the proposed changes prior to the Council taking action. The adoption of the recalculation would be 60 days from February 14, 2024, or April 15, 2024.

FISCAL IMPACT
There is no fiscal impact by accepting this recalculation.

ATTACHMENTS

1. Resolution

2. Krisch & Company Memo

3. Population Detail Change

4. Cost of Living Detail

5. Worksheets
1744588.1
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RESOLUTION NO. XX-2024

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-2024

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each government entity, including this Town, shall not exceed the appropriations limit of each entity of government for the prior year adjusted for changes in population and inflation mandated by Proposition 4 passed in November 1979, and Proposition 111 in June 1990, except as otherwise provided for in said Article XIIIB and implementing State statues; and WHEREAS, pursuant to said Article XIIIB of the California Constitution, and Section 7900 et sq. of the California Government Code, the Town is required to set its appropriations limit for each fiscal year; and
WHEREAS, at the direction of the Town Manager, Krisch & Company completed a recalculation of the Town of Portola Valley’s Appropriations (Gann) Limits (the Limit) for fiscal years ending June 30, 1987 to 2023; and
WHEREAS, nothing in Article XIIIB prohibits the recalculation of the annual Appropriations Limit so long as any recalculations are carried through from the originally modified year through the subsequent annual Appropriations Limit through to the current year; and
WHEREAS, based on such calculations the Town Manager has determined the appropriations limit and, pursuant to Section 7910 of the California Government Code, has made available to the public the documentation used in the determination of said appropriation limit.

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

I. That the appropriations limit for fiscal year 1986-87 shall be and is set in the amount of $725,725.14; and
II. That each subsequent years’ appropriations limit be adjusted as provided in Attachment 2 – Town of Portola Valley Appropriation Limit Recalculation; and III. That the appropriations limit for fiscal year 2023-2024 shall be and is set in the amount of $5,116,145.
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PASSED AND ADOPTED this 14th day of February, 2024.

By: __________________________
Mayor
ATTEST:
_________________________
Town Clerk
1744497.1
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3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 www.krischcpas.com To: Sharif Etman, Town of Portola Valley Town Manager
From: Heather Rowden, Advisory Services Manager
Date: November 27, 2023
Subject: Town of Portola Valley Appropriation Limit Recalculation Scope of Work: As requested by the Town management, Krisch & Company completed a recalculation of the Town of Portola Valley’s (the Town) Appropriations (Gann) Limits (the Limit) for fiscal years ending June 30, 1987 to 2023. All four statutory adjustment factors were examined for accuracy to ensure the most advantageous options were selected.

Sources of Data: Each year, the California Department of Finance (CADOF) releases a memo containing the Price and Population Factors used in completing appropriation limit adjustments. The memo, located online at https://dof.ca.gov/Forecasting/Demographics/Estimates/, dictates three of the four factors municipalities may choose from. The website lists the CADOF memos going back to fiscal year 2001, and provides historical data in Excel format for prior years. This information was used to perform our analysis.

In addition, the Change in Assessment Roll due to the Addition of Local Nonresidential New Construction factors discussed below were provided by HdL Coren & Cone (HdL).

Adjustment Factor 1: Population Change Adjustment
The population change data that is used in the adjustment calculation is provided in the CADOF memo for both municipalities and counties. For fiscal years 2001 and later, the CADOF memo was used to determine the best option for the Town. For fiscal years prior to 2001, the historical population estimates from the provided Excel files were used. For 27 of the 39 years we examined, the County adjustment was selected as most favorable.

Adjustment Factor 2: Cost of Living Adjustment
For the Cost of Living portion of the adjustment, a municipality may choose between the Percentage Change in Per Capita Personal Income (CPI), as determined by the CADOF, or the Change in Assessment Roll due to the Addition of Local Nonresidential New Construction. In reviewing the original Appropriation Limit calculations provided by the Town, only the CPI adjustment was ever considered when determining this adjustment factor.
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3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 www.krischcpas.com Krisch staff were able to examine HdL records compiled for fiscal years 2004 and later, confirming the nonresidential construction adjustment factor. For 9 of the 21 years, the Change in Assessment Roll adjustment provided the City a more favorable adjustment. Most notably, in fiscal year 2011, the CPI adjustment was -2.54% while the change in assessment roll was a positive 2.86%, a difference of 5.4% in the overall adjustment that year.

Historical Change in Appropriations Limit
While the Appropriations Limit was implemented in fiscal year 1979, an amendment approved by voters in 1990 updates the calculation to start with actual appropriations in fiscal year 1986-

87. Krisch started the recalculation from that year, assuming a starting value of $709,712.47, as reported in prior Town of Portola Valley calculations.

Fiscal Year Population Factor CPI Factor Adjustment Factor Recalculated Limit $709,712.47
1986-87 101.2438% 101.0000% 1.0226 725,725.14
1987-88 101.9656% 103.4700% 1.0550 765,667.66
1988-89 101.1564% 104.6600% 1.0587 810,614.88
1989-90 101.3496% 105.1900% 1.0661 864,193.94
1990-91 101.4257% 104.2100% 1.0570 913,415.68
1991-92 100.5704% 104.1400% 1.0473 956,657.25
1992-93 101.0578% 100.0000% 1.0106 966,776.39
1993-94 101.0384% 102.7200% 1.0379 1,003,384.74
1994-95 101.2189% 100.7100% 1.0194 1,022,826.15
1995-96 101.2751% 104.7200% 1.0606 1,084,761.07
1996-97* 100.6910% 104.6700% 1.0539 1,143,264.61
1997-98* 101.0900% 104.6700% 1.0581 1,562,096.39
1998-99* 101.1583% 104.1500% 1.0536 1,626,892.07
1999-00* 104.5982% 104.5300% 1.0934 1,745,885.51
2000-01 100.7816% 104.9100% 1.0573 1,825,732.72
2001-02 98.6464% 107.8200% 1.0636 1,567,046.18
2002-03 100.8793% 100.0000% 1.0088 1,580,825.09
2003-04 100.6514% 102.3100% 1.0298 1,627,876.71
2004-05 100.3677% 103.9454% 1.0433 1,698,325.27
2005-06 100.9230% 105.2600% 1.0623 1,804,157.39
2006-07 100.6203% 103.9600% 1.0460 1,887,236.60
2007-08 100.7301% 112.9989% 1.1382 2,148,126.66
2008-09 101.1389% 106.1027% 1.0731 2,305,176.69
2009-10 101.2670% 104.8373% 1.0617 2,447,304.66
2010-11* 101.2095% 102.8561% 1.0410 3,350,378.15
2011-12* 101.1777% 102.7531% 1.0396 3,445,148.38
2012-13* 100.8961% 103.7700% 1.0470 3,579,630.44
2013-14* 100.9796% 105.1200% 1.0615 3,497,194.77
2014-15 101.0908% 102.2182% 1.0333 3,041,758.61
2015-16 101.1675% 103.8200% 1.0503 3,194,822.52
2016-17 101.0040% 105.9592% 1.0702 3,419,196.63
2017-18 101.0206% 103.6900% 1.0475 3,581,549.88
2018-19 100.5626% 108.1302% 1.0874 3,894,523.96
2019-20 100.5036% 103.8500% 1.0437 4,064,829.46
2020-21 100.2770% 107.0695% 1.0737 4,364,248.44
2021-22 99.8724% 105.7300% 1.0560 4,608,430.50
2022-23 99.2632% 107.5500% 1.0676 4,919,849.61
*For these fiscal years, voters passed an override of the Limit for recently passed Utility Users’ Taxes.

Voter overrides may last four years at the maximum.
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3478 Buskirk Avenue, Suite 215 Pleasant Hill, CA 94523 T 925.930.0902 www.krischcpas.com A detailed analysis outlining the historical information for both factors is attached to this report.

The result is an increase of $707,752.78 in the fiscal year 2022-23 Appropriations Limit for the Town of Portola Valley from the original calculation of $4,212,096.83 to $4,919,849.61.

As a reminder, when a municipality recalculates its Limit, it must open a 60 day public challenge period to allow the public time to review and comment on the proposed changes prior to the Council taking action.

Fiscal Year 2023-24 Appropriations Limit Calculations
For fiscal year 2023-24, the Town may choose between the following adjustment factors:

Population Change: Town -0.539%
County -0.431%
Cost of Living: State CPI 4.44%
% New Non-Residential 2.02%
Selection of the County Population Change (-0.431%) and the State Percentage Change in Per Capita Personal Income (4.44%) are the most favorable to the Town. Using these factors, the combined adjustment factor for fiscal year 2023-24 is 1.040:

Adjustment Factors
Population Change: County 0.996
Cost of Living: State CPI 1.044
Combined Adjustment Factor 1.040
Applying a combined adjustment factor of 1.040 to the adjusted Limit of $4,919,849.61 for fiscal year 2022-23, the Town’s fiscal year 2023-24 Limit is $5,116,145.

Utilizing the Appropriations Limit spreadsheet compiled by Michael Coleman in coordination with the League of California Cities, and using the Town’s fiscal year 2023-24 budget, passed by Council on June 27, 2023, Krisch determined the Town’s total appropriations subject to the Limit to be $3,912,972. This included proceeds of taxes totaling $5,643,823, with exclusions of $1,730,850 including qualified capital outlay and federal mandates. A detailed calculation of the Town’s fiscal year 2023-24 appropriations subject to the Limit is attached to this memo.

Attachments:

1. Population Change Detail – 1985-Current

2. Cost of Living Detail – 1986-Current

3. Fiscal Year 2023-24 Appropriation Limit Worksheet
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For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
Highest
Option
1986-87 1985 4,020 614,400 1986 4,070 618,600 1.244% 0.684% 1.244% 1987-88 1986 4,070 618,600 1987 4,150 622,600 1.966% 0.647% 1.966% 1988-89 1987 4,150 622,600 1988 4,170 629,800 0.482% 1.156% 1.156% 1989-90 1988 4,170 629,800 1989 4,220 638,300 1.199% 1.350% 1.350% 1990-91 1989 4,220 638,300 1990 4,210 647,400 -0.237% 1.426% 1.426% 1991-92 1990 4,210 647,400 1991 4,125 651,093 -2.019% 0.570% 0.570% 1992-93 1991 4,125 651,093 1992 4,141 657,980 0.388% 1.058% 1.058% 1993-94 1992 4,141 657,980 1993 4,184 664,394 1.038% 0.975% 1.038% 1994-95 1993 4,184 664,394 1994 4,235 668,711 1.219% 0.650% 1.219% 1995-96 1994 4,235 668,711 1995 4,289 673,274 1.275% 0.682% 1.275% 1996-97 1995 4,289 673,274 1996 4,312 677,926 0.536% 0.691% 0.691% 1997-98 1996 4,312 677,926 1997 4,359 685,153 1.090% 1.066% 1.090% 1998-99 1997 4,359 685,153 1998 4,393 693,089 0.780% 1.158% 1.158% 1999-00 1998 4,393 693,089 1999 4,595 724,367 4.598% 4.513% 4.598% 2000-01 1999 4,595 724,367 2000 4,622 730,029 0.588% 0.782% 0.782% 2001-02 2000 4,622 730,029 2001 4,505 720,147 -2.531% -1.354% -1.354% 2002-03 2001 4,481 713,870 2002 4,505 720,147 0.536% 0.879% 0.879% 2003-04 2002 4,480 712,366 2003 4,507 717,006 0.603% 0.651% 0.651% 2004-05 2003 4,490 714,414 2004 4,494 717,041 0.089% 0.368% 0.368% 2005-06 2004 4,442 709,236 2005 4,483 712,386 0.923% 0.444% 0.923% 2006-07 2005 4,523 718,993 2006 4,538 723,453 0.332% 0.620% 0.620% 2007-08 2006 4,520 719,655 2007 4,553 724,104 0.730% 0.618% 0.730% 2008-09 2007 4,566 726,336 2008 4,618 733,386 1.139% 0.971% 1.139% 2009-10 2008 4,599 729,923 2009 4,639 739,171 0.870% 1.267% 1.267% 2010-11 2009 4,625 736,653 2010 4,671 745,563 0.995% 1.210% 1.210% 2011-12 2010 4,670 745,359 2011 4,725 754,061 1.178% 1.167% 1.178% 2012-13 2011 4,352 718,390 2012 4,391 724,452 0.896% 0.844% 0.896% 2013-14 2012 4,373 722,122 2013 4,411 729,196 0.869% 0.980% 0.980% 2014-15 2013 4,401 727,548 2014 4,448 735,484 1.068% 1.091% 1.091% 2015-16 2014 4,453 736,453 2015 4,480 745,051 0.606% 1.167% 1.167% 2016-17 2015 4,483 745,493 2016 4,527 752,978 0.981% 1.004% 1.004% 2017-18 2016 4,703 759,010 2017 4,751 765,894 1.021% 0.907% 1.021% 2018-19 2017 4,703 765,755 2018 4,707 770,063 0.085% 0.563% 0.563% 2019-20 2018 4,747 770,116 2019 4,767 773,994 0.421% 0.504% 0.504% 2020-21 2019 4,657 772,211 2020 4,659 774,350 0.043% 0.277% 0.277% 2021-22 2020 4,623 774,096 2021 4,607 773,108 -0.346% -0.128% -0.128% 2022-23 2021 4,598 770,925 2022 4,560 765,245 -0.826% -0.737% -0.737% 2023-24 2022 4,355 751,464 2023 4,289 744,552 -1.515% -0.920% -0.920% 2024-25 2023 4,270 740,711 2024 4,247 737,515 -0.539% -0.431% -0.431% Population Change Detail - 1985-Current
Attachment 1 23 of 62
Fiscal
Year State CPI
Dollar Value
of New
Nonresidential
Construction From
Total change in
secured and
unsecured
assessment roll
in the jurisdiction For Year
Change in
assessment roll
due to addition of
local nonresidential
new construction
Highest
Option
1987-88 3.47% 1986 to 1987 1986 0.00% 3.470%
1988-89 4.66% 1987 to 1988 1987 0.00% 4.660%
1989-90 5.19% 1988 to 1989 1988 0.00% 5.190%
1990-91 4.21% 1989 to 1990 1989 0.00% 4.210%
1991-92 4.14% 1990 to 1991 1990 0.00% 4.140%
1992-93 -0.64% 1991 to 1992 1991 0.00% 0.000%
1993-94 2.72% 1992 to 1993 1992 0.00% 2.720%
1994-95 0.71% 1993 to 1994 1993 0.00% 0.710%
1995-96 4.72% 1994 to 1995 1994 0.00% 4.720%
1996-97 4.67% 1995 to 1996 1995 0.00% 4.670%
1997-98 4.67% 1996 to 1997 1996 0.00% 4.670%
1998-99 4.15% 1997 to 1998 1997 0.00% 4.150%
1999-00 4.53% 1998 to 1999 1998 0.00% 4.530%
2000-01 4.91% 1999 to 2000 1999 0.00% 4.910%
2001-02 7.82% 2000 to 2001 2000 0.00% 7.820%
2002-03 -1.27% 2001 to 2002 2001 0.00% 0.000%
2003-04 2.31% 2,063,840 2002 to 2003 90,651,266 2002 2.28% 2.310% 2004-05 3.28% 4,285,343 2003 to 2004 108,615,841 2003 3.95% 3.945% 2005-06 5.26% 493,832 2004 to 2005 138,069,341 2004 0.36% 5.260% 2006-07 3.96% 3,886,174 2005 to 2006 159,483,799 2005 2.44% 3.960% 2007-08 4.42% 13,986,860 2006 to 2007 107,600,117 2006 13.00% 12.999% 2008-09 4.29% 9,718,164 2007 to 2008 159,244,460 2007 6.10% 6.103% 2009-10 0.62% 4,436,230 2008 to 2009 91,708,256 2008 4.84% 4.837% 2010-11 -2.54% 718,758 2009 to 2010 25,165,774 2009 2.86% 2.856% 2011-12 2.51% 1,194,721 2010 to 2011 43,395,199 2010 2.75% 2.753% 2012-13 3.77% 547,657 2011 to 2012 125,185,605 2011 0.44% 3.770% 2013-14 5.12% 840,635 2012 to 2013 155,344,454 2012 0.54% 5.120% 2014-15 -0.23% 3,258,495 2013 to 2014 146,896,141 2013 2.22% 2.218% 2015-16 3.82% 1,648,134 2014 to 2015 202,529,131 2014 0.81% 3.820% 2016-17 5.37% 8,111,684 2015 to 2016 136,120,621 2015 5.96% 5.959% Cost of Living Detail - 1986-Current
Attachment 2 24 of 62
Fiscal
Year State CPI
Dollar Value
of New
Nonresidential
Construction From
Total change in
secured and
unsecured
assessment roll
in the jurisdiction For Year
Change in
assessment roll
due to addition of
local nonresidential
new construction
Highest
Option
2017-18 3.69% 1,102,713 2016 to 2017 189,661,534 2016 0.58% 3.690% 2018-19 3.67% 15,121,338 2017 to 2018 185,989,997 2017 8.13% 8.130% 2019-20 3.85% 5,882,370 2018 to 2019 203,120,876 2018 2.90% 3.850% 2020-21 3.73% 13,438,739 2019 to 2020 190,094,332 2019 7.07% 7.070% 2021-22 5.73% 4,779,669 2020 to 2021 212,702,163 2020 2.25% 5.730% 2022-23 7.55% 6,315,003 2021 to 2022 252,921,622 2021 2.50% 7.550% 2023-24 4.44% 4,765,697 2022 to 2023 236,374,746 2022 2.02% 4.440% Attachment 2 25 of 62
City FY 2023-24
a b c
Revenue Source Proceeds of TaxesProceeds of Total
Taxes
Property Tax 3,606,327 3,606,327
Sales and Use Tax 350,000 350,000
Transactions and Use Tax -
Business License Tax 131,625 131,625
Utility User Tax 1,363,698 1,363,698
Transient Occupancy Tax -
Documentary or Real Property Transfer Taxes 100,000 100,000 Parcel Taxes -
Other Taxes -
Fees from Worksheet #2 => - 1,887,427 1,887,427
Benefit Assessments -
Franchises (Cable/Video, Solid Waste, Electric/Gas, etc.) 400,484 400,484 Fines, Forfeitures and Penalties 8,000 8,000
Rents, Royalties and Concessions 59,431 59,431
Gifts -
Licenses and Permits
Include regulatory licenses and permits as regulatory fees in Worksheet 2.

Include public property, facility or equipment rental licenses/permits in "rents" above.

Include business license taxes in "taxes" above.

From State
Motor Vehicle License Fee 5,257 5,257
Homeowners Property Tax Relief Reimb. 9,100 9,100
Williamson Act -
Motor Vehicle Fuel (gasoline) Tax 245,646 245,646
Proposition 42 Gasoline Sales Tax -
Citizens Option for Public Safety (COPS) 145,000 145,000 Proposition 172 Public Safety Sales Tax 15,000 15,000
State Mandate Reimbursements -
Other discretionary state grants and aid -
Other non-discretionary state grants and aid 230,000 230,000 Repealed Subventions
Criminal Justice Fee (Booking Fee) Relief -
Discretionary Local Assistance (1999-00, 2000-01) -
Police Technology Grants (CLEEP) -
Liquor License Fees -
Highway Carriers Uniform Business Tax -
Financial Aid to Local Agencies -
Business Inventory Exemption Reimbursement -
Trailer Coach / Mobile Home VLF -
Worksheet #1
Proceeds of Taxes
Portola Valley

Page 1 of 9 ends

1978-79 Bailout Funds -
Other Governments
Federal General Revenue Sharing -
Federal CDBG -
Housing (HUD) -
Disaster Reimbursement -
Other 1,204,952 1,204,952
Other Miscellaneous
Sale of property (See "Qualified Capital Outlays") -
Interfund transfers -
1 Sub-Total non-interest revenues 5,566,007 4,195,940 9,761,947 2 Interest Earnings from Worksheet #4 => - - -
3 Reserve Withdrawls -
4 Total 5,566,007 4,195,940 9,761,947
Total revenue plus reserve withdrawls (1c + 3c) 9,761,947 ©2016 Michael Coleman. Use with attribution.

To Worksheet 4
To
To Worksheet 8

Page 2 of 9 ends

City FY 2023-24
a i ii b=i+ii c=b-a d
Program Area Fee Revenue
Direct
Costs
Allocated
Overhead
Total
Costs
Costs minus
Revenues
Revs > Costs?
C=negative
1 - - -
2 - - -
3 - - -
4 1,397,000 1,686,896 1,686,896 289,896 -
5 336,779 336,779 336,779 - -
6 113,600 113,600 113,600 - -
7 - - -
8 - - -
9 - - -
10 40,048 40,048 40,048 - -
11 - - -
12 - - -
13 - - -
14 - - -
15 - - -
16 Proceeds of Taxes => -
= sum of column d
Non-Proceeds of taxes => 1,887,427
=sum of column a minus d16
©2016 Michael Coleman. Use with attribution.

Do not include: rents, entrance fees, royalties, concessions, franchises, fines, forfeitures, penalties, or assessments on real property.

Sewer
Solid Waste
PW Maintenance/Engineering Charges
Police - Law Enforement
Transportation - Public Works
Planning and Development
Building, Construction and Fire Safety Permits
Parks and Recreation, museums, etc.

Water
Worksheet #2
Regulatory Fees, User Fees & Charges
Portola Valley
General Gov't - Management/Support
To Worksheet 1
To Worksheet 1

Page 3 of 9 ends

City FY 2023-24
Amount
Court Orders
sub-total -
Federal Mandates
172,953
232,597
sub-total 405,550
Qualified Capital Outlay
201,000
908,613
215,687
sub-total 1,325,300
Qualified Debt Service
sub-total -
Total Exclusions 1,730,850
©2016 Michael Coleman. Use with attribution.

OBAG 2 Resurfacing
Street Repairs
Rapid Flashing Beacon Project
ACA Mandate
Social Security/Medicare
Worksheet #3
Excluded Appropriations
Portola Valley
To Worksheets 4 and 8

Page 4 of 9 ends

City FY 2023-24
Amount
a) Non-interest Tax Proceeds 5,566,007
b) Minus Exclusions -
c) Net invested proceeds from taxes 5,566,007
d) Total revenue plus reserve withdrawls -
e) Proceeds of taxes as a percentage of revenues
f) Interest earnings - Total 198,071
g) Amount of interest earned from "proceeds of taxe e * f ©2016 Michael Coleman. Use with attribution.
c / d
from Worksheet #3
a-b
from Worksheet #1
Worksheet #4
Interest Allocation
Portola Valley
Source
from Worksheet #1
To Worksheet 1
To

Page 5 of 9 ends

City
For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
1986-87 1985 4,020 614,400 1986 4,070 618,600 1.2% 0.7% 1987-88 1986 4,070 618,600 1987 4,150 622,600 2.0% 0.6% 1988-89 1987 4,150 622,600 1988 4,170 629,800 0.5% 1.2% 1989-90 1988 4,170 629,800 1989 4,220 638,300 1.2% 1.3% 1990-91 1989 4,220 638,300 1990 4,210 647,400 -0.2% 1.4% 1991-92 1990 4,210 647,400 1991 4,125 651,093 -2.0% 0.6% 1992-93 1991 4,125 651,093 1992 4,141 657,980 0.4% 1.1% 1993-94 1992 4,141 657,980 1993 4,184 664,394 1.0% 1.0% 1994-95 1993 4,184 664,394 1994 4,235 668,711 1.2% 0.6% 1995-96 1994 4,235 668,711 1995 4,289 673,274 1.3% 0.7% 1996-97 1995 4,289 673,274 1996 4,312 677,926 0.5% 0.7% 1997-98 1996 4,312 677,926 1997 4,359 685,153 1.1% 1.1% 1998-99 1997 4,359 685,153 1998 4,393 693,089 0.8% 1.2% 1999-00 1998 4,393 693,089 1999 4,595 724,367 4.6% 4.5% 2000-01 1999 4,595 724,367 2000 4,622 730,029 0.6% 0.8% 2001-02 2000 4,622 730,029 2001 4,505 720,147 -2.5% -1.4% 2002-03 2001 4,505 720,147 2002 4,505 720,147 0.0% 0.0% 2003-04 2002 4,505 720,147 2003 4,507 717,006 0.0% -0.4% 2004-05 2003 4,507 717,006 2004 4,494 717,041 -0.3% 0.0% 2005-06 2004 4,494 717,041 2005 4,483 712,386 -0.2% -0.6% 2006-07 2005 4,483 712,386 2006 4,538 723,453 1.2% 1.6% 2007-08 2006 4,538 723,453 2007 4,553 724,104 0.3% 0.1% 2008-09 2007 4,553 724,104 2008 4,618 733,386 1.4% 1.3% 2009-10 2008 4,618 733,386 2009 4,639 739,171 0.5% 0.8% 2010-11 2009 4,639 739,171 2010 4,671 745,563 0.7% 0.9% 2011-12 2010 4,671 745,563 2011 4,725 754,061 1.2% 1.1% 2012-13 2011 4,725 754,061 2012 4,391 724,452 -7.1% -3.9% 2013-14 2012 4,391 724,452 2013 4,411 729,196 0.5% 0.7% 2014-15 2013 4,411 729,196 2014 4,448 735,484 0.8% 0.9% 2015-16 2014 4,448 735,484 2015 4,480 745,051 0.7% 1.3% 2016-17 2015 4,480 745,051 2016 4,527 752,978 1.0% 1.1% 2017-18 2016 4,527 752,978 2017 4,751 765,894 4.9% 1.7% 2018-19 2017 4,751 765,894 2018 4,707 770,063 -0.9% 0.5% 2019-20 2018 4,707 770,063 2019 4,767 773,994 1.3% 0.5% 2020-21 2019 4,767 773,994 2020 4,659 774,350
2021-22 2020 4,659 774,350 2021 4,607 773,108
2022-23 2021 4,607 773,108 2022 4,560 765,245
2023-24 2022 4,560 765,245 2023 4,289 744,552
2024-25 2023 4,289 744,552 2024 4,247 737,515
Worksheet #5
Population Changes
Portola Valley
©2016 Michael Coleman. Use with attribution.

Select highest population factor for the year (column e or f) to Worksheet 7

Page 6 of 9 ends

City
a b c d
NRAV ARpy = b ÷ c
Factors
for
Fiscal
Year published
Dollar Value
of New
Nonresidential
Construction in the
jurisdiction from …
Total
secured and
unsecured
assessment roll
in the jurisdiction for …
Source: County
Assessor
Source: County
Assessor
1987-88 3.47% May 1, 1987 1986 to 1987 1986
1988-89 4.66% May 1, 1988 1987 to 1988 1987
1989-90 5.19% May 1, 1989 1988 to 1989 1988
1990-91 4.21% May 1, 1990 1989 to 1990 1989
1991-92 4.14% May 1, 1991 1990 to 1991 1990
1992-93 -0.64% May 1, 1992 1991 to 1992 1991
1993-94 2.72% May 1, 1993 1992 to 1993 1992
1994-95 0.71% May 1, 1994 1993 to 1994 1993
1995-96 4.72% May 1, 1995 1994 to 1995 1994
1996-97 4.67% May 1, 1996 1995 to 1996 1995
1997-98 4.67% May 1, 1997 1996 to 1997 1996
1998-99 4.15% May 1, 1998 1997 to 1998 1997
1999-00 4.53% May 1, 1999 1998 to 1999 1998
2000-01 4.91% May 1, 2000 1999 to 2000 1999
2001-02 7.82% May 1, 2001 2000 to 2001 2000
2002-03 -1.27% May 1, 2002 2001 to 2002 2001
2003-04 2.31% May 1, 2003 2,063,840 2002 to 2003 90,651,266 2002 2.28% 2004-05 3.28% May 1, 2004 4,285,343 2003 to 2004 108,615,841 2003 3.95% 2005-06 5.26% May 1, 2005 493,832 2004 to 2005 138,069,341 2004 0.36% 2006-07 3.96% May 1, 2006 3,886,174 2005 to 2006 159,483,799 2005 2.44% 2007-08 4.42% May 1, 2007 13,986,860 2006 to 2007 107,600,117 2006 13.00% 2008-09 4.29% May 1, 2008 9,718,164 2007 to 2008 159,244,460 2007 6.10% 2009-10 0.62% May 1, 2009 4,436,230 2008 to 2009 91,708,256 2008 4.84% 2010-11 -2.54% May 1, 2010 718,758 2009 to 2010 25,165,774 2009 2.86% 2011-12 2.51% May 1, 2011 1,194,721 2010 to 2011 43,395,199 2010 2.75% 2012-13 3.77% May 1, 2012 547,657 2011 to 2012 125,185,605 2011 0.44% 2013-14 5.12% May 1, 2013 840,635 2012 to 2013 155,344,454 2012 0.54% 2014-15 -0.23% May 1, 2014 3,258,495 2013 to 2014 146,896,141 2013 2.22% 2015-16 3.82% May 1, 2015 1,648,134 2014 to 2015 202,529,131 2014 0.81% 2016-17 5.37% May 1, 2016 8,111,684 2015 to 2016 136,120,621 2015 5.96% 2017-18 3.69% May 1, 2017 1,102,713 2016 to 2017 189,661,534 2016 0.58% 2018-19 3.67% May 1, 2018 15,121,338 2017 to 2018 185,989,997 2017 8.13% 2019-20 3.85% May 1, 2019 5,882,370 2018 to 2019 203,120,876 2018 2.90% 2020-21 3.73% May 1, 2020 13,438,739 2019 to 2020 190,094,332 2019 7.07% 2021-22 5.73% May 1, 2021 4,779,669 2020 to 2021 212,702,163 2020 2.25% 2022-23 7.55% May 1, 2022 6,315,003 2021 to 2022 252,921,622 2021 2.50% 2023-24 4.44% May 1, 2023 4,765,697 2022 to 2023 236,374,746 2022 2.02% Select highest factor for the year (column a or d) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.

Worksheet #6
Cost of Living Adjustment Factors
Portola Valley
Percentage
Change in
Per Capita
Personal
Income
Change in
assessment roll
due to addition of
local nonresidential
new construction
Source: Calif Dept of
Finance

Page 7 of 9 ends

City FY 2023-24
Amount
a) Prior Year Appropriations Limit 4,919,850
b) Adjustment Factors percent ratio
1) Population Change -0.43% 0.996
Population in city or county? County
2) Cost of Living 4.44% 1.044
State CPI or % New non-residential? CPI
3) Combined adjustment factor 1.040
c) Adjusted Limit 5,116,145
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 5,116,145
©2016 Michael Coleman. Use with attribution.
sum of d
c + d
Select from Worksheet 5
"city" or "county"
Select from Worksheet 6
"CPI" or "%new non-resid AV"
b1 * b2
a * b3
Worksheet #7
Appropriations Limit
Portola Valley
Source
Prior year schedules

Page 8 of 9 ends

City FY 2023-24
Amount
a) Proceeds of Taxes 5,566,007
b) Exclusions 1,730,850
c) Appropriations Subjec 3,835,157
d) Appropriations Limit ( 5,116,145
e) Under (Over) Limit 1,280,988
©2016 Michael Coleman. Use with attribution.
d-c
Worksheet #3
a-b
Worksheet #7
Worksheet #8
Appropriations Subject to Limitation
Portola Valley
Source
Worksheet #1

Page 9 of 9 ends

______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Judith Hasko and Craig Taylor
DATE: February 14, 2024
RE: Town Attorney Contract

RECOMMENDATION
Discussion and approval of the proposed contract with the Shute Mihaly law firm to have Catherine Engberg serve as the Town attorney on a permanent basis.

BACKGROUND
The Town has engaged Catherine Engberg of the Shute Mihaly law firm as interim Town attorney since May 2023. The Town Council appointed a subcommittee including Judith Hasko and Craig Taylor to negotiate the terms of a potential permanent contract to retain Ms. Engberg and her firm, Shute Mihaly. The subcommittee recommends that the Town Council review and discuss the attached proposed contract for discussion and potential approval.

DISCUSSION
Attachment 1 sets out the proposed permanent contract with Shute Mihaly in a clean format.

Attachment 2 sets out a redline showing changes between the proposed permanent contract and the interim contract.

The key changes are:

Conversion from interim to permanent appointment.

Reduction in general rates ranging from $10 per hour to $15 per hour for non-litigation services, depending on the seniority of the attorney or legal personnel.

TOWN OF PORTOLA VALLEY

SUBCOMMITTEE REPORT

TOWN OF PORTOLA VALLEY
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Special reduction of $40 per hour for attendance by Shute Mihaly attorneys at each of up to 6 Town meetings per month (e.g., Town Council, Planning Commission, ASCC, committee and Department Head meetings), to enable the firm to become more familiar with and integrated into ongoing Town matters.

Addition of standard yearly increases in the rates to reflect CPI increases.

Addition of processes for the firm to propose other rate increases, and the Town’s acceptance or rejection of such non-standard increases (e.g., a 90 day notice period if the Town does not accept non-standard increases).

Increased notice period for the firm’s withdrawal from its contract with the Town (60 rather than 30 days).

Other clarifications that the subcommittee found helpful.

FISCAL IMPACT
See above for rate differences proposed. Periodic assessment of firm billings to the Town is recommended to monitor and optimize the Town’s use of the firm and Ms. Engberg’s services as the rates alone will not dictate the overall impact of the proposed contract on the Town’s budget.

ATTACHMENTS

1. Proposed permanent contract

2. Redline showing proposed changes relative to the original May 2023 interim contract 36 of 62
396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
CATHERINE C. ENGBERG
Attorney
[email protected]
February ___, 2024
Via Electronic Mail Only
Mayor Wernikoff and Members of the
Portola Valley Town Council
765 Portola Road
Portola Valley, CA 94028
Re: Legal Retainer Agreement for Town Attorney Services Dear Mayor Wernikoff and Members of the Portola Valley Town Council:

This letter sets forth the terms under which Shute, Mihaly & Weinberger LLP (“Firm”) will provide Town Attorney legal services to the Town of Portola Valley (“Client” or “Town”) as described below. As you know, the Firm has served as Interim Town Attorney pursuant to an agreement approved by the Town Council on May 24, 2023. The Town now wishes to enter into an agreement with the Firm for ongoing Town Attorney services. If the Town agrees to the terms of this retainer agreement (“Agreement”), please sign a copy of this letter and return it to me following Council approval.

1. Legal Services to Be Provided
The Firm is retained to serve as Town Attorney for the Town of Portola Valley. The primary Town Attorney responsible for representing the Town will be Firm Partner Catherine Engberg. Catherine will attend and provide advice at Town Council meetings. Firm Partner Rene Ortega will attend Town Council meetings if Catherine is unavailable. Catherine and/or Rene will attend Town Commission and Committee meetings upon request. Other members of the Firm may provide services to the Town as directed by Catherine.
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A. The Firm will perform all functions of the Town Attorney, including, but not be limited to, the following services:

1. Representation of and advice to the Town Council, Committees and Commissions, and all Town officials in legal matters of municipal government;

2. Prepare or review ordinances, resolutions, leases, contracts, staff reports, or other documents, as requested by the Town;

3. Prepare or review all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the Council, boards, commissions or officers, as requested by the Town;

4. Review Public Record Act requests and assist in responses, as necessary;

5. Available to assist with (a) personnel issues (excluding collective bargaining) in coordination with outside employment law counsel, and (b) general liability claims and litigation in coordination with outside insurance legal counsel where applicable;

6. Provide trainings as needed, such as on the Brown Act and Public Records Act;

7. Render legal advice to the Town through advising members of the Town Council and the Town Manager, executive staff and employees with respect to Town matters. This advice will include, but not be limited to, issues related to the Brown Act, conflict of interest law, real estate transactions, due process requirements, the Permit Streamlining Act, California Environmental Quality Act, state Planning and Zoning law, the Mitigation Fee Act, election law, assessment districts, and constitutional restrictions on fees and taxes;

8. Provide advice regarding all claims and complaints by or against the Town;

9. Represent the Town in litigation, arbitration, mediation, code enforcement, and administrative proceedings before other agencies, and where litigation is being handled by outside legal counsel, manage and coordinate with outside legal counsel;
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10. Negotiate and/or render advice with respect to negotiations pertaining to Town contracts, real estate transactions, and memoranda of understanding; and

11. Generally oversee and manage the Town’s legal affairs and endeavor to insure that its policies, programs, and activities are carried out in compliance with all applicable law.

The Firm will provide these services in a timely manner. It will work closely with, and respond promptly to, the Town Council members and the Town Manager and be available for consultation with staff.

B. If the best interests of the Town would be served by retaining outside counsel to represent the Town on a particular matter, the Firm shall inform the Town and request authorization to retain such outside counsel. Specifically, the Firm’s duties under this Agreement do not include the following services, which the Firm expects will be primarily handled by outside legal counsel:

1. Administration and legal representation of workers’ compensation claims and litigation, except for general legal advice in the area of workers’ compensation and review of recommended settlements;

2. Negotiation and interpretation of agreements with represented employees, disciplinary proceedings, and other matters related to labor and employment law, except to provide general legal advice on personnel matters related to the Town’s rules and regulations, and to review the recommendations of outside counsel;

3. Legal services related to the issuance of municipal bonds;

4. Legal services related to liability claims and litigation tendered to the Town’s insurer, except to provide general legal advice on matters related to the Town’s processing of such claims and tenders, and to review the recommendations of outside counsel; and

5. Those matters as described in Section 7 below.

C. Insurance. The Firm agrees to maintain insurance in the following amounts:

1. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultant disputes, 39 of 62
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February ___, 2024

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personal injury, underground hazard, and explosion and collapse hazard where applicable.

2. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million Dollars ($1,000,000) per incident.

3. Worker’s Compensation insurance as required by the laws of the State of California.
4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best’s Insurance Guide, or a California approved Surplus Lines carrier (e.g,. Lloyd’s of London).

2. Legal Fees, Costs and Billing Practices
The Firm’s hourly billing rates for these services will be as follows effective February 1, 2024:

Timekeeper 6 monthly
meetings
General (NonLitigation)
Services
Litigation Services
and Reimbursement
Matters
Partner $290 $330 $390
Associate III $265 $305 $365
Associate II $250 $290 $355
Associate I $235 $275 $335
Planner $230 $270 $335
Paralegal $165 $205 $255
Law Clerk $75 $115 $155
The Associate I category may include law school graduates who have not yet been admitted to a State Bar. Such individuals will be supervised until they pass the California State Bar by another attorney who has passed the California State Bar. Some Firm attorneys are only licensed to practice in states other than California; bar information for each attorney is available on the Firm’s website (www.smwlaw.com). 40 of 62
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February ___, 2024

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To reflect the Firm’s commitment to obtain deep understanding of matters impacting the Town, the Firm also agrees to attend up to 6 total meetings of the Town Council, Architecture and Site Control Commission, Planning Commission, and/or Department Head team per month at the reduced monthly meeting rate set forth in the chart above.

Fees will be charged in increments of one-tenth of an hour. The Firm will annually increase these billing rates consistent with any annual increase in the Consumer Price Index (October over October time period) for All Urban Consumers (not seasonally adjusted) San Francisco-Oakland-Hayward area (1982-1984 = 100) as published by the Bureau of Labor Statistics, U.S. Department of Labor, rounded to the nearest whole $1 for the most recently ended year. The Firm will implement the increase each year, starting in 2025, on January 1st of such year, or as soon thereafter as the CPI information is published for the immediately preceding calendar year. The Firm may otherwise propose to increase these rates periodically to reflect the advancing experience, capability, and seniority of Firm members as well as general economic factors. If the Town declines to pay for the Firm’s services at any increased rates, the Firm will have the right to withdraw as the Town’s attorneys upon not less than 90 days’ prior written notice. In such case, the Firm will bear all reasonable costs of a transition to another legal counsel engaged by the Town to replace the Firm during such notice period.

In the event the Firm represents the Town either in litigation matters, or in matters in which the Town is reimbursed for the cost of attorneys’ fees, for example in processing development applications (“Reimbursement Matters”), the Firm’s fee would be the rate specified above for the relevant matter; provided that for Reimbursement Matters, the Town will pay the Firm at rates equal to the greater of (1) the applicable rates specified above, or (2) the rates actually reimbursed for the work.

The Firm will bear all expenses related to support staff, general overhead, continuing legal education, and attendance at public agency-law functions. The Firm will bill the Town for reimbursement for extraordinary costs incurred in the course of representation, including fees fixed by law or assessed by public agencies, messenger and overnight delivery services, postage, photocopying, and charges for electronic legal research, in each case allocable to work for the Town. The Firm will not charge fees or costs for attorney travel time to and from the Town.

The Firm will provide detailed monthly billing statements for fees and costs incurred. Client agrees to pay all undisputed billed fees and costs within thirty days following billing. Conclusion of Services, Discharge, and Withdrawal 41 of 62
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February ___, 2024

Page 6 ends

Unless otherwise agreed in writing, our representation of Client under this Agreement will automatically terminate at the time we complete the legal services we have agreed to perform.

Client may discharge the Firm at any time by providing written notice to the Firm, which is effective upon receipt by the Firm. In the event of such discharge, if the Firm is Client’s attorney of record in any proceeding, the Firm will promptly provide Client with a substitution of attorney form. Client will execute and return the substitution of attorney form promptly upon receipt from the Firm.

The Firm may withdraw upon 60 days’ prior written notice, with or without cause, except as otherwise provided above if the Firm proposes rate increases not accepted by the Town. The Firm may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. A valid reason for withdrawal by the Firm would include, but not be limited to, Client’s consent, Client’s breach of this Agreement, Client’s failure to pay fees and costs as provided in this Agreement, Client’s conduct renders it unreasonably difficult for the Firm to carry out the representation effectively, or any fact or circumstances that would render the Firm’s continuing representation unlawful or unethical.

At such time as the Firm’s services conclude, all unpaid fees and costs will immediately become due and payable.

3. Client File
After the Firm’s services conclude, the Firm will, upon Client’s request, deliver to Client the file for this matter with the exception of attorney notes, correspondence, or memoranda not previously sent to Client if such material constitutes attorney work product. Client agrees to pay copying and delivery costs as well as the reasonable hourly rates associated with locating, preparing, and transmitting the file (whether in paper or electronic form) except as otherwise expressly provided above.

If Client does not request the file for this matter at the conclusion of representation, the Firm will retain the file for a period of five years after the matter is closed. If Client does not request delivery of the file for this matter before the end of the five-year period, the Firm will have no further obligation to retain the file and may, at the Firm’s discretion, destroy it without further notice to Client. 42 of 62
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Page 7 ends

4. No Guarantee
Nothing in this Agreement and nothing in the Firm’s statements to Client will be construed as a promise or guarantee about the outcome of the matters on which the Firm advised Client. The Firm makes no such promises or guarantees.

5. Conflicts Waiver and Consent
Please be advised that the Firm represents public agencies, private organizations, and individuals in a range of matters throughout California and on energy law matters throughout the United States. For example, as we have discussed, the Firm represents Peninsula Open Space Trust and Mid-Peninsula Open Space District on a wide variety of matters in San Mateo County. Accordingly, it is agreed, and Client hereby consents, that our attorney-client relationship with Client in this matter will not serve as a basis for the Firm’s disqualification from representing other clients or parties in any legal proceedings, cases, controversies, or matters, other than those in which we represent Client, except if and to the extent absolutely and non-waivably required by the Rules of Professional Conduct.

In particular, the Firm has disclosed to the Town an interest related to APN 077-070-240 that may create a legal conflict during the period when the Firm is serving as Town Attorney. The Firm and the Town agree that the Firm’s legal services described in Section 1 above exclude any services related to that parcel; the Town will be represented by other counsel on such matters, if and as needed. Notwithstanding the foregoing, the Firm’s concurrent representation of other clients in matters related to the above-referenced parcel and the Firm’s services as Town Attorney on all other matters could put the Firm in a position of representing two clients whose interests are adverse.

The potential for such a situation gives rise to the possibility of divided loyalty on the part of the Firm. Although we are not currently aware of any actual or reasonably foreseeable adverse effects of such potential divided loyalty, it is possible that such effects may arise. By signing and returning this Agreement, the Town consents to the Firm’s continued representation of other clients in matters related to the above-referenced parcel, and waives and agrees not to assert any conflict of interest or seek to disqualify the Firm from representing other clients in matters related to the above-referenced parcel, notwithstanding any adversity that may develop between the Town and such other clients in the future. Catherine and Rene, and any other attorneys at the Firm working on Town matters, will be screened from the Firm’s work for other clients in such matters, and will not work on such matters.
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Page 8 ends

Except as described herein, the Firm does not believe it had, and shall not acquire, any interest not disclosed to Client that creates a legal conflict with its performance of services under this Agreement, unless the Town consents in writing to such conflict.

6. Electronic Communication Tools and Devices
In order to maximize efficiency and responsiveness in representing Client and preserve natural resources, we intend to use electronic communications tools and devices (such as email, electronic transfer and storage of documents, cellular telephones, and “smart phones”) to a significant extent during our representation. The use of such devices under current technology may place Client’s confidential information and privileges at risk. However, we believe the effectiveness and efficiency involved in use of these devices outweighs the risk of accidental disclosure, malicious access, or corruption or loss. By executing this Agreement, Client acknowledges Client’s consent to the use of these tools and devices without any encryption or other special protections or backups provided that we follow commonly accepted procedures to protect such confidential information as used for similar types of representation.

7. Execution of Agreement
If this Agreement is satisfactory, please execute a copy and return it to me.

This Agreement will be effective when it is signed by you. However, this Agreement will apply to any services we may provide in connection with the engagement before the execution date.

The undersigned represents and warrants that it is authorized to execute this Agreement and bind Client to its terms and conditions.

Unless otherwise prohibited by law, the Firm and Client agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an original ink signature transmitted in hard copy (e.g., transmission via email of a .pdf file containing a scanned or digitally applied signature).

We look forward to serving as Town Attorney.
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February ___, 2024

Page 9 ends

Very truly yours,

SHUTE, MIHALY & WEINBERGER LLP
Catherine C. Engberg
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Portola Valley Town Council
February ___, 2024

Page 10 ends

This Legal Retainer Agreement for Town Attorney Services was approved by the Town Council at its regular meeting of February __, 2024.

ACCEPTED AND AGREED:

Town of Portola Valley
________________________ Date: ________________
Sarah Wernikoff, Mayor
46 of 62
396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
CATHERINE C. ENGBERG
Attorney
[email protected]
May 18February ___, 20232024
Via Electronic Mail Only
Mayor AalfsWernikoff and Members of the
Portola Valley Town Council
765 Portola Road
Portola Valley, CA 94028
[email protected]
Re: Legal Retainer Agreement for Interim Town Attorney Services Dear Mayor AalfsWernikoff and Members of the Portola Valley Town Council:

1. Legal Services to Be Provided
The Firm is retained to serve as Interim Town Attorney for the Town of Portola Valley in the interim period before the Town hires or retains a permanent Town Attorney. This Agreement covers Interim Town Attorney services only, and does not cover permanent Town Attorney services unless the Firm and Client enter into a new or amended Retainer Agreement, each in their discretion.
. The primary Town Attorney responsible for representing the Town will be Firm Partner Catherine Engberg. Catherine will attend and provide advice at Town Council meetings. Firm Partner Rene Ortega will attend Town Council meetings if Catherine is unavailable. Catherine and/or Rene will attend Town Commission and 47 of 62
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Committee meetings upon request. Other members of the Firm may provide services to the Town as directed by Catherine.

A. The Firm will perform all functions of the Town Attorney, including, but not be limited to, the following services:

1. Representation of and advice to the Town Council, Committees and Commissions, and all Town officials in legal matters of municipal government;

2. Prepare or review ordinances, resolutions, leases, contracts, staff reports, or other documents, as requested by the Town;

4. Review Public Record Act requests and assist in responses, as necessary;

6. Provide trainings as needed, such as on the Brown Act and Public Records Act;

7. Render legal advice to the Town through advising members of the Town Council and to the Town Manager, executive staff and employees with respect to Town matters. This advice will include, but not be limited to, issues related to the Brown Act, conflict of interest law, real estate transactions, due process requirements, the Permit Streamlining Act, California Environmental Quality Act, state Planning and Zoning law, the Mitigation Fee Act, election law, assessment districts, and constitutional restrictions on fees and taxes;

8. Provide advice regarding all claims and complaints by or against the CityTown;
48 of 62
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9. Represent the Town in litigation, arbitration, mediation, code enforcement, and administrative proceedings before other agencies. If, and where litigation is being handled by outside legal counsel, manage and coordinate with outside legal counsel;

10. Negotiate and/or render advice with respect to negotiations pertaining to Town contracts, real estate transactions, and memoranda of understanding; and

11. Generally oversee and manage the Town’s legal affairs and endeavor to insure that its policies, programs, and activities are carried out in compliance with all applicable law.

B. If the Firm determines that the best interests of the Town would be served by retaining outside counsel to represent the Town on a particular matter, the Firm shall inform the Town and request authorization to retain such outside counsel. Specifically, the Firm’s duties under this Agreement do not include the following services, which the Firm expects will be primarily handled by outside legal counsel:

2. Negotiation and interpretation of M.O.U.’sagreements with represented employees, disciplinary proceedings, and other matters related to labor and employment law, except to provide general legal advice on personnel matters related to the Town’s rules and regulations, and to review the recommendations of outside counsel;

3. Legal services related to the issuance of municipal bonds;

5. Those matters as described in Section 7 below.
49 of 62
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C. Insurance. The Firm agrees to maintain insurance in the following amounts:

1. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultantsconsultant disputes, personal injury, underground hazard, and explosion and collapse hazard where applicable.

2. Legal Fees, Costs and Billing Practices
The Firm’s hourly billing rates for these services will be as follows effective February 1, 2024:

Timekeeper 6 monthly
meetings
General (NonLitigation)
Services
Litigation Services
and Reimbursement
Matters
Partner $290 $340330 $390
Associate III $265 $315305 $365
Associate II $250 $300 290 $355
Associate I $235 $285 275 $335
Planner $230 $285270 $335
Paralegal $165 $215205 $255
Law Clerk $75 $130115 $155
Inserted Cells
50 of 62
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The Associate I category may include law school graduates who have not yet been admitted to a State Bar. Such individuals will be supervised until they pass the California State Bar by another attorney who has passed the California State Bar. Some Firm attorneys are only licensed to practice in states other than California; bar information for each attorney is available on the Firm’s website (www.smwlaw.comwww.smwlaw.com).

In the event the Firm represents the Town either in litigation matters, or in matters in which the Town is reimbursed for the cost of attorneys’ fees, for example in processing development applications (“Reimbursement Matters”), the Firm’s fee would be at least the rate specified in the table above ($390 per hour for Partners in 2023 as annually increased consistent with this Agreement). Forabove for the relevant matter; provided that for Reimbursement Matters, the Town will pay the Firm at rates equal to the greater of (1) the reimbursementapplicable rates listed in this Agreementspecified above, or (2) the rates actually reimbursed for the work.

The Firm will bear all expenses related to support staff, general overhead, continuing legal education, and attendance at public agency-law functions. The Firm will bill the Town for reimbursement for extraordinary costs incurred in the course of 51 of 62
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Page 6 ends

representation, including fees fixed by law or assessed by public agencies, messenger and overnight delivery services, postage, photocopying, and charges for electronic legal research., in each case allocable to work for the Town. The Firm will not charge fees or costs for attorney travel time to and from the Town.

The Firm will provide detailed monthly billing statements for fees and costs incurred. Client agrees to pay the Firm’sall undisputed billed fees and costs within thirty days following billing.

3. Authorized Representative of Client
The Town Council as a whole shall direct the Firm’s provision of services under this Agreement. The Town designates the Town Manager as the authorized representative to be the primary person to communicate with the Firm regarding the subject matter of this Agreement. This designation is intended to establish a clear line of authority and to minimize potential uncertainty, but not to preclude communication between the Firm and other representatives of the Town. Unless directed otherwise by the Town, all correspondence and bills will be directed to the designated authorized representative.

4. Conclusion of Services, Discharge, and Withdrawal
Unless otherwise agreed in writing, our representation of Client under this Agreement will automatically terminate at the time we complete the legal services we have agreed to perform.

The Firm may withdraw upon 3060 days’ prior written notice, with or without cause, except as otherwise provided above if the Firm proposes rate increases not accepted by the Town. The Firm may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. A valid reason for withdrawal by the Firm would include, but not be limited to, Client’s consent, Client’s breach of this Agreement, Client’s failure to pay fees and costs as provided in this Agreement, Client’s conduct renders it unreasonably difficult for the Firm to carry out the representation Formatted: Level1_1, None, Space After: 0 pt, No bullets or numbering, Don't keep with next
Formatted: Indent: First line: 1", No bullets or numbering 52 of 62
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Page 7 ends

effectively, or any fact or circumstances that would render the Firm’s continuing representation unlawful or unethical.

At such time as the Firm’s services conclude, all unpaid fees and costs will immediately become due and payable.

5.3. Client File
After the Firm’s services conclude, the Firm will, upon Client’s request, deliver to Client the file for this matter with the exception of attorney notes, correspondence, or memoranda not previously sent to Client if such material constituteconstitutes attorney work product. Client agrees to pay copying and delivery costs as well as the reasonable hourly rates associated with locating, preparing, and transmitting the file (whether in paper or electronic form) except as otherwise expressly provided above.

6.4. No Guarantee
Nothing in this Agreement and nothing in the Firm’s statements to Client will be construed as a promise or guarantee about the outcome of this matterthe matters on which the Firm advised Client. The Firm makes no such promises or guarantees.

7.5. Conflicts Waiver and Consent
Please be advised that the Firm represents public agencies, private organizations, and individuals in a range of matters throughout California and on energy law matters throughout the United States. For example, as we have discussed, the Firm represents Peninsula Open Space Trust and Mid-Peninsula Open Space District on a wide variety of matters in San Mateo County. Accordingly, it is agreed, and Client hereby consents, that our attorney-client relationship with Client in this matter will not serve as a basis for the Firm’s disqualification from representing other clients or parties in any legal proceedings, cases, controversies, or matters, other than those in which we represent Client, except if and to the extent absolutely and non-waivably required by the Rules of Professional Conduct.

Formatted: Outline numbered + Level: 1 + Numbering
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0" + Tab after: 0.5" + Indent at: 0"
Formatted: Outline numbered + Level: 1 + Numbering
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0" + Tab after: 0.5" + Indent at: 0"
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Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0" + Tab after: 0.5" + Indent at: 0"
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In particular, the Firm has disclosed to the Town an interest related to APN 077-070-240 that may create a legal conflict during the period when the Firm is serving as Interim Town Attorney. The Firm and the Town agree that the Firm’s legal services described in Section 1 above exclude any services related to that parcel; the Town will be represented by other counsel on such matters, if and as needed. Notwithstanding the foregoing, the Firm’s concurrent representation of other clients in matters related to the above-referenced parcel and the Firm’s services as Interim Town Attorney on all other matters could put the Firm in a position of representing two clients whose interests are adverse. The potential for such a situation gives rise to the possibility of divided loyalty on the part of the Firm. Although we are not currently aware of any actual or reasonably foreseeable adverse effects of such potential divided loyalty, it is possible that such effects may arise. By signing and returning this Agreement, the Town consents to the Firm’s continued representation of other clients in matters related to the above-referenced parcel, and waives and agrees not to assert any conflict of interest or seek to disqualify the Firm from representing other clients in matters related to the above-referenced parcel, notwithstanding any adversity that may develop between the Town and such other clients in the future. Catherine and Rene, and any other attorneys at the Firm working on Town matters, will be screened from the Firm’s work for other clients in such matters, and will not work on such matters.

8.6. Electronic Communication Tools and Devices
In order to maximize efficiency and responsiveness in representing Client and preserve natural resources, we intend to use electronic communications tools and devices (such as email, electronic transfer and storage of documents, cellular telephones, and “smart phones”) to a significant extent during our representation. The use of such devices under current technology may place Client’s confidential information and privileges at risk. However, we believe the effectiveness and efficiency involved in use of these devices outweighs the risk of accidental disclosure, malicious access, or corruption or loss. By executing this Agreement, Client acknowledges Client’s consent to the use of these tools and devices without any encryption or other special protections or backups provided that we follow commonly accepted procedures to protect such confidential information as used for similar types of representation.

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9.7. Execution of Agreement
If this Agreement is satisfactory, please execute a copy and return it to me.

This Agreement will be effective when it is signed by you. However, this Agreement will apply to any services we may provide in connection with the engagement before the execution date.

The undersigned represents and warrants that it is authorized to execute this Agreement and bind Client to its terms and conditions.

We look forward to serving as Interim Town Attorney.

Very truly yours,

SHUTE, MIHALY & WEINBERGER LLP
Catherine C. Engberg
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This Legal Retainer Agreement for Interim Town Attorney Services was approved by the Town Council at its regular meeting of May February __, 20232024.

ACCEPTED AND AGREED:

Town of Portola Valley
________________________ Date: ________________
Jeff Aalfs,Sarah Wernikoff, Mayor
1646209.2
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COUNCIL SUBCOMMITTEE UPDATES
There are no written materials, and the Town Council does not take action under this agenda item. 58 of 62

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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: 1/7/2024
RE: BPTS Committee liaison report
2 sets of minutes approved, 1 comment on crosswalks and crossing cards, who is funding these efforts?
Sergeant Taylor- gave his report, 2 months info given. Bike accident x1, incident sites are being given to give us an idea of the locations of our points of concerns. 3 days of parking citation in 2 months, CSO community Service Officer, is thinly spread. \ Coverage is intermittent. Great new structure of reporting will improve interaction with county.

C/CAG presentationJeff Leacap, Mike Alston- excellent listener, Eva Gaye LRSP- Local Roadway Safety Plans- local agencies can get Caltrans(our area of opportunity or USDOT- (we don’t qualify because of wealth) funding, We do not have a Safety Plan 1 up to 80K1 jurisdictions in the County have no plan.

Aim is data-driven safety action. Good communication with Sherriff’s department Unique Stakeholders-. 2019 Pedestrian safety plan has been worked on for 5 years can be used for formulating the plan.- is it adequate? Animal car, and bike interactions HIN- high injury network- is Alpine and Portola Road. animals and mounted riders- not noted. Criteria are:

1. Crash History

2. Social Equity- unrepresented users– environmental concerns, wildlife corridors, animals are not represented or reporting, disabled, elderly and child riders do not report or are under represented.

3. Systemic Factors- schools emergency exits and evacuation plans.

Paul Crupka- Consultant traffic engineer- Fundamental tenant of this committee is SAFETY. Angela is on the CCAG committee. Committee is actively working to avoid a disconnect from the county. Excellent presentation from the county will be made public.

TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report

TOWN OF PORTOLA VALLEY
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: 1/23/2024
RE: Conservation Committee
Oral communication- Marianne Plunder is worried about the drainage along Shady trail.

SITE PERMITS:

Only one 80 Golden Oak no concerns.
. Oversight of Town-owned properties –
Town Center- needs a refresh of planting, will walk around with staff, Springdown- looking good and getting nicely used.

1. Frog Pond- Update on Corte Madera school oak tree removal done ii. Update on advice to ASCC on adding Dittrichia removal to conditions of approval Dieter produced a good document.
iii. Wildfire Preparedness Committee (Chiariello on ZOOM) getting rid of the Stinkwort is also part of the defensible space and fuel mitigation ordinance- fire chief was present and updated the committee on what their value is for increasing granularity for defensible space and fuel reduction.

Draft ordinance 23-03 review and collaboration to educate residents- Fire department (Kim) was present and discussed their responsibilities to maintain defensible space. Town of Portola Valley – Conservation Committee \ Trails and Paths (Coleman) Shady Trail drainage was discussed. vii. Broom Pull - Sunday March 3 (Magill) happening- using the front of school house, banners and pinnies, document locations of broom and bring together volunteers- an endless task. Palmer, Goya, c. Website sub-committee report (Plunder) the sustainability tab goes native plant list. Lots of help from Carol Bork over the last 3 years for a gallery of photos of encouraged photos. Alphabetical by English names. Kari does this, hoping to link to Conservation as well as Sustainability. d. Fencing and wildlife corridors sub-committee update (Plunder)–needing a change in ordinance- 20 feet wide area designated for all PV lots for wildlife corridors. Details are being fleshed out. (ADU-checklist for ministerial approval)
Kudos (Plunder)
Backyard Habitat (Plunder) recruited their new member for participation.

Tip of the Month (Magill) oxalis is out and going, thinking about weed seedlings.

What’s Blooming Now? (Magill) Manzanita, needs pruning, suggestions for broom pull.

TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report

TOWN OF PORTOLA VALLEY
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______________________________________________________________________________________ TO: Members of the Town Council
FROM: Sarah Wernikoff, Mayor
DATE: Wednesday, February 14,2024
RE: Jan 22nd 2024 Friends of the Portola Valley Library (FOPVL) Quarterly Meeting OVERVIEW:

1. President’s Report:
a. Introduction of new PV Library Manager: Carmen Letona-Adams b. Success of Almanac thank you and fundraising advertisement c. Committee reorganization and nominations
d. Creation of Long-Range Planning Ad Hoc Committee

2. Library/SMCL Update:
a. Review of 2023-24 funding requests: programming support at schools (ORM, CMS, Priory and WHS) and Sequoias, Maker/STEAM supplies, and contribution toward the Imagination Library, an initiative to send a book to all children 0-5 in SMC.
b. SMCL is looking to recruit two volunteers from our Portola Valley community for their Adult Literacy Tutoring program hosted by San Mateo County Libraries.

3. Treasurer Report: Review of budget (remains healthy), donor updates, directed giving.

4. Events: Sue Crane author’s reading event, brainstorm of add’l events with CAC, plans for a senior survey to gauge programing interest.

5. Newsletters: Review of 2023 newsletter mailed in Fall 2023.

6. Book Sales: Average ~ $200/month

7. Archives: 700 FOPVL documents scanned and counting, Conflict of interest policy

TOWN OF PORTOLA VALLEY
Liaison Memo

TOWN OF PORTOLA VALLEY
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______________________________________________________________________________________ TO: Members of the Town Council
FROM: Sarah Wernikoff, Mayor
DATE: Wednesday, February 14
, 2023
RE: Feb 5thth San Mateo County JPA Library Governing Board Meeting OVERVIEW:

1. Strategic Plan Report and Work Session (update to 2015-2024 Plan) a. Overview by selected consultant InterEthica of the team/committee, schedule, key steps and deliverables of a 5-year plan to be delivered for approval in July 2024. b. Goals brainstorming session led by InterEthica.

2. FY 2023-24 Mid-Year Report
a. Forecast anticipates 111% of expected revenue (driven by property taxes and excess ERAF) and 93% expenses, which results in $28M carry over in reserves, and a YE fund balance projection of $36.7M.
b. Brainstorm goals and priorities for the coming year.

3. Approval of Library Policies
a. Guidelines for Addressing the Library (decorum and civility in meetings) b. Building and Planning
c. Furnishings and Equipment Funding
d. Material Access and Selection
e. Behavior (in libraries)

4. Bookmobile purchase approval (all electric, ADA compliant custom vehicle) deferred for more analysis.

TOWN OF PORTOLA VALLEY
SMC Library JPA Liaison Memo

TOWN OF PORTOLA VALLEY
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Portola Valley City CouncilFebruary 14, 2024

Portola Valley City Council
February 14, 2024