TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, February 28, 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. San Mateo County Library Annual Report FY 22/23
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 28, 2024
a. Approval of Minutes for the Regular Meeting of February 14, 2024 b. Approval of Warrant List- 2/28/2024
c. Accept Request from Open Space Committee to Update Regular Meeting Time d. Accept Recommendation from Open Space Committee to Appoint New Member
6. REGULAR AGENDA
a. Adopt an Updated Electronic Communications Policy
b. Discuss and Adopt the Proposed Code of Ethics and Values Policy
7. COUNCIL SUBCOMMITTEE, LIAISON COMMITTEE, AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of Council subcommittee and liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.
8. ADJOURNMENT
The next Regular Town Council meeting will be held on March 13, 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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There are no written materials for Item 3a
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There are no written material for Item 4
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TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, February 14, 2024
7:00 P.M.
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor,
Mary Hufty, Councilmember
Craig Taylor, Councilmember
Jeff Aalfs, Councilmember
MINUTES
1. CALL TO ORDER – All Councilmembers were present.
2. ORAL COMMUNICATIONS
The following members of the public spoke during Oral Communications:
• Sue Epstein
• Rita Comes
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
The following members of the public spoke regarding the Consent Agenda:
• Rita Comes
Councilmember Taylor requested to pull Item 5.b.
M/S Aafls/Taylor to approve Items 5.a. and 5.c. of the Consent Agenda. Motion carried unanimously by roll call vote.
M/S Aalfs/Hasko to approve Item 5.b. of the Consent Agenda. Motion carried unanimously by roll call vote.
a. Approval of Warrant List – 2/14/24
b. Accept Annual Automated License Plate Reader (ALPR) System Audit c. Accept Appropriations (Gann) Limit Recalculation and Gann Limit for FY 2023-24
6. REGULAR AGENDA
a. Appoint of the Proposed Contract with Shute Mihaly Law Firm for the Town Attorney Vice Mayor Hasko provided a brief presentation on item 6.a.
The following members of the public spoke regarding the item:
• Catherine Gawne
• Dale Pfau
M/S Taylor/Hasko to approve the Proposed Contract with Shute Mihaly Law Firm for the Town Attorney. Motion carried unanimously by roll call vote.
7. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS The following member of the public spoke regarding the item:
• Victor Schacter
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Town of Portola Valley – Council Minutes
February 14, 2024
8. ADJOURNMENT – The meeting adjourned at 7:50 p.m.
The next Regular Town Council meeting will be held on February 28, 2024 at 7:00 p.m.
The Town of Portola Valley acknowledges the colonial history of this land we dwell upon—the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEKmah) 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. 6 of 33
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
February 28, 2024
Claims totaling $143,653.85 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ 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 02/21/2024 14:22 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3931 44 BANK OF AMERICA 9,574.99 02/28/24 EFTPS3932 55 BILL HAMILTON ROOFING 1,000.00 02/28/243933 78 CALIFORNIA WATER SERVICE CO 2,243.75 02/28/243934 79 CALIFORNIA WATER SERVICE CO 395.00 02/28/243935 80 CALPERS 7,814.08 02/28/24 EFTPS3936 124 COMCAST 496.93 02/28/243937 135 CSG CONSULTANTS INC 12,311.00 02/28/243938 195 GOOD CITY COMPANY 48,300.00 02/28/243939 203 GREEN HALO SYSTEMS 114.00 02/28/243940 218 MISSIONSQUARE RETIREMENT 5,795.30 02/28/24 EFTPS3941 234 J. W. ENTERPRISES 546.88 02/28/243942 272 KEVIN MCQUILLAN 1,000.00 02/28/243943 275 KRUPKA CONSULTING 2,975.00 02/28/243944 292 LYNCH ELECTRIC & SONS INC 1,105.60 02/28/243945 330 NAVIA BENEFIT SOLUTIONS 200.00 02/28/243946 343 OPENGOV INC. 825.00 02/28/243947 367 PG&E 3,270.48 02/28/24 EFTPS3948 403 RON RAMIES AUTOMOTIVE INC. 2,966.47 02/28/243949 428 SHARP BUSINESS SYSTEMS 277.09 02/28/243950 437 SMALL BUSINESS BENEFIT PLAN TR 2,377.60 02/28/243951 448 STATE COMP INSURANCE FUND 6,005.67 02/28/24 EFTPS3952 533 SMCCMA 500.00 02/28/243953 603 LAURA DAVIDSON 100.00 02/28/243954 704 ROBERT NORDGREN 967.00 02/28/243955 730 URBAN PLANNING PARTNERS INC 13,114.25 02/28/243956 786 VORTEX INDUSTRIES, LLC 655.85 02/28/243957 860 STEPFORD 375.00 02/28/243958 864 DAILY POST 346.87 02/28/243959 885 JOSHUA ALFARO 6,222.29 02/28/243960 949 PORTER CAPITAL CORPORATION 3,836.25 02/28/243961 972 THE DAVEY TREE EXPERT COMPANY 4,660.00 02/28/243962 1005 KAREN ASKEY 159.91 02/28/243963 1108 MARKUS OGUREK 77.50 02/28/243964 1109 DOUGLAS SUTTER 1,000.00 02/28/243965 1110 LESLEY SHORTAL 1,000.00 02/28/243966 1111 JOSEPH MILLER .35 02/28/243967 1112 NIKOLAUS LEIST 1,000.00 02/28/243968 1113 JENNIFER TORRES 43.74 02/28/24 8 of 33
apachreg Town of Portola Valley mmagahiz 02/21/2024 14:22 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 111,193.33ACH totals:EFTPS totals: 32,460.52Wire transfer totals:Payment Manager totals:GRAND TOTALS 143,653.85Check totals: 111,193.33ACH totals:EFTPS totals: 32,460.52Wire transfer totals:Payment Manager totals:GRAND TOTALS 143,653.85 9 of 33
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apapdinv2 mmagahiz Town of Portola Valley Page 1
14:23 02/21/24 Paid Invoices by Date
From: 02/28/2024 to 02/28/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 44 BANK OF AMERICA
02/28/24 3931 January Statement 9,574.99 9,574.99 1388-JAN24 Vendor: 55 BILL HAMILTON ROOFING
3932 Deposit Refund, 345 Golden Hills 1,000.00 1,000.00 BLDR0005-2024 Vendor: 78 CALIFORNIA WATER SERVICE CO
3933 Water Service 1/12/24 - 2/29/24 2,243.75 2,243.75 JAN-2024 Vendor: 79 CALIFORNIA WATER SERVICE CO
3934 Deposit Refund - 622 Portola 395.00 395.00 BLDC0001-2021 Vendor: 80 CALPERS
3935 February Unfunded Liability 7,814.08 7,814.08 100000017437581 Vendor: 124 COMCAST
3936 WIFI-02.16.2024-03.15.2024 496.93 496.93 7290-FEB24 Vendor: 135 CSG CONSULTANTS INC
3937 Jan Code Enforcement, Bldg Svcs, In house plan review 12,311.00 12,311.00 JAN-2024 Vendor: 195 GOOD CITY COMPANY
3938 Planning Consultant Services - January 2024 48,300.00 48,300.00 3471 Vendor: 203 GREEN HALO SYSTEMS
3939 February Hosting & Access 114.00 114.00 4764
Vendor: 218 MISSIONSQUARE RETIREMENT
3940 Deferred Comp - February 15, 2024 5,795.30 5,795.30 FEBRUARY-202415 Vendor: 234 J. W. ENTERPRISES
3941 Handicap Unit Rental & Services 546.88 315.44 256578 Handicap Unit Rental & Services 231.44 256579
Vendor: 272 KEVIN MCQUILLAN
3942 Deposit Refund - 345 Cervantes 1,000.00 1,000.00 BLDR0079-2021 Vendor: 275 KRUPKA CONSULTING
3943 Traffic Planning & Flashing Beacons 2,975.00 2,975.00 1392 Vendor: 292 LYNCH ELECTRIC & SONS INC
3944 Replace ballasts and provide spares 1,105.60 1,105.60 2024.173 Vendor: 330 NAVIA BENEFIT SOLUTIONS
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apapdinv2 mmagahiz Town of Portola Valley Page 2
14:23 02/21/24 Paid Invoices by Date
From: 02/28/2024 to 02/28/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/28/24 3945 Jan 2024 Monthly Fee 200.00 200.00 10809317 Vendor: 343 OPENGOV INC.
3946 Contractor License Verification, 02/08/24 - 02/07/25 825.00 825.00 INV12639 Vendor: 367 PG&E
3947 February Statement 3,270.48 3,270.48 FEB-2024
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3948 January Fuel Statement 2,966.47 575.82 G20240131-2 Vehicle Maintenance 2,390.65 74994
Vendor: 428 SHARP BUSINESS SYSTEMS
3949 Jan Copies 277.09 277.09 9004719266
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
3950 March Dental/Vision 2,377.60 2,377.60 MAR-2024
Vendor: 448 STATE COMP INSURANCE FUND
3951 WC Premium, 02/06/2024-03/06/2024 6,005.67 6,005.67 1001844520 Vendor: 533 SMCCMA
3952 SMCCMA Annual Dues, FY 2023-2024 500.00 500.00 FY2023-2024 Vendor: 603 LAURA DAVIDSON
3953 Picnic Table Rental Deposit Refund 100.00 100.00 PROF-23-50 Vendor: 704 ROBERT NORDGREN
3954 Deposit Refund, 4 Portola Green 967.00 967.00 PLN_FNCE07-2023 Vendor: 730 URBAN PLANNING PARTNERS INC
3955 PV Housing Element Update- Dec HCD Matrix 13,114.25 9,078.75 21029-231231 PV Housing Element Update- Mar & August 2023 4,035.50 230228 230630 Vendor: 786 VORTEX INDUSTRIES, LLC
3956 Repairs Glass Aluminum Doors 655.85 655.85 45 - 1733439 Vendor: 860 STEPFORD
3957 Onsite & Remote Field Service - January 375.00 375.00 2406107 Vendor: 864 DAILY POST
3958 Public Hearing Advertisement - JAN 346.87 346.87 87072 Vendor: 885 JOSHUA ALFARO
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apapdinv2 mmagahiz Town of Portola Valley Page 3
14:23 02/21/24 Paid Invoices by Date
From: 02/28/2024 to 02/28/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
02/28/24 3959 Deposit Refund, 460 Cervantes 6,222.29 4,061.70 BLDR0006-2022 4 Deposit Refund, 460 Cervantes 2,160.59 BPLR0002-2022
Vendor: 949 PORTER CAPITAL CORPORATION
3960 Temp Service, Michelle Magahiz 02/05/24-02/11/24 3,836.25 1,856.25 7681 Temp Service, Michelle Magahiz 02/12/24-02/18/24 1,980.00 7716 Vendor: 972 THE DAVEY TREE EXPERT COMPANY
3961 Tree Removal 4,660.00 4,660.00 918284731
Vendor: 1005 KAREN ASKEY
3962 Reimbursement - Prizes for Trivia, Game Cards, Candies 159.91 159.91 FRRC-24-2 Vendor: 1108 MARKUS OGUREK
3963 Deposit Refund - 450 Golden Oak 77.50 77.50 PLNEX0001-2023 Vendor: 1109 DOUGLAS SUTTER
3964 Deposit Refund - 10 Buck Meadow 1,000.00 1,000.00 BLDR0104-2021 Vendor: 1110 LESLEY SHORTAL
3965 Deposit Refund - 6 Ohlone 1,000.00 1,000.00 BLDR0019-2024 Vendor: 1111 JOSEPH MILLER
3966 Deposit Refund - 287 Portola 00.35 00.35 BLDR0068-2022 Vendor: 1112 NIKOLAUS LEIST
3967 Deposit Refund - 286 Willow 1,000.00 1,000.00 BLDR0144-2022 Vendor: 1113 JENNIFER TORRES
3968 Shipping Reimbursement 43.74 43.74 02082024
Check Date Totals 143,653.85
Grand Total 143,653.85
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To: Mayor Wernikoff and Members of the Town Council
From: Betsy Morgenthaler, Chair, Open Space Committee
Date: February 5, 2024
Re: Open Space Charter, new meeting hour request
Mayor Wernikoff, Vice-Mayor Hasko, and Council Members Aalfs, Hufty, and Taylor,
At our February 1st meeting, the Members of the Open Space Committee unanimously agreed to request the Council approve a new meeting time at 5PM start (it is currently 7PM). No conflicts are evident on the Town Calendar. We intend to continue meeting alternate months on the first Thursday, so if approved, the amended Charter would read:
Meeting Time
Meets bi-monthly, first Thursday of the month at 5 PM, in the Historic Schoolhouse
With thanks for your consideration,
Betsy
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February 20, 2024
Dear Sarah Wernikoff, Mayor Portola Valley
Judith Hasko, Vice Mayor
Jeff Aalfs, Council Member
Mary Hu�y, Council Member
Craig Taylor, Council Member
Re: In support of the applica�on of Carter Warr to the Open Space Commitee.
In recent memory the Open Space Acquisi�on Commitee had the benefit of wise counsel of a departed member, Chip McIntosh. His passion for Portola Valley and the outdoors combined with his real estate background to provide this Commitee (as well as 2 others) with substance and consistently useful guidance. He le� big shoes to fill.
Carter Warr’s applica�on to join the Open Space Commitee makes a wonderful fit. He would complement and fill out the strengths of the Commitee’s membership bringing a wealth of on-the-ground knowledge, affording perspec�ves into all aspects of the land, and a dedica�on to the Town that have few parallels. In short if appointed he would become a valuable contribu�ng member from the first day.
Thank you in advance for taking up the considera�on of his February 14th applica�on.
With respect,
Betsy Morgenthaler
Chair, Open Space Commitee
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Town Attorney
DATE: February 28, 2024
RE: Updated Electronic Communications Policy
RECOMMENDED ACTION:
Adopt an Updated Electronic Communications Policy.
DISCUSSION:
On October 11, 2023, the Town Council considered an updated Electronic Communications Policy. The relevant background is provided in the October 11 staff report (Item 4.a of the October 11, 2023 Town Council agenda packet).
At the October 11 meeting, the Council received public comment and recommended edits to the draft Policy. Staff was prepared to bring back the revised policy at the October 25, 2023 Town Council meeting. However, the Town experienced technical difficulties with its Zoom set-up that evening and was not able to receive remote public comments. The matter was tabled for a future meeting.
Meanwhile, staff has refined the draft Electronic Communications Policy to reflect changes to Town Committee structure. Over the past year, Town staff and Council liaison Mayor Wernikoff has been working with the Town’s Committee of Committees to restructure the Town Committees. On January 11, 2024, the Town Council received a request and recommendation from the Committee of Committees and adopt a Resolution dissolving/restructuring certain Advisory Committees. As a result of the Council’s January 11 action, several Town Committees now report to the Town Manager instead of the Town Council and, as result, are no longer subject to the Brown Act.
The revised version of the draft Electronic Communications Policy reflects changes directed by Council on October 11, 2023 and refinements/reorganization related to the restructuring of Town Committees. Specifically, the draft Policy clarifies that the Brown Act provisions do not apply to Town Manager committees and other non-Brown Act
TOWN OF PORTOLA VALLEY
STAFF REPORT
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Updated E-Communications Policy Town Council 2/28/24
committees. The draft Policy is attached in redline (Attachment 1) and “clean” (Attachment 2).
If adopted, the Policy would be posted to the Town’s website and included in future trainings of Town Commissions and Committees.
ATTACHMENTS
1. Proposed Updated Electronic Communications Policy (redline)
2. Proposed Updated Electronic Communications Policy (clean) 1745905.2
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RESOLUTION NO. XX-2023-2024
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
ADOPTING A POLICY REGARDING THE USE OF ELECTRONIC
COMMUNICATIONS
WHEREAS, the Town of Portola Valley seeks to promote effective use of electronic communications by Town Council members, Commissioners, and Committee members in conducting Town business and to create a system that allows compliance with state and federal laws governing electronic communications including, where applicable, the Brown Act, the Public Records Act, records retention laws, and state and federal rules of evidence; and
WHEREAS, the Town Council approved Resolution No. 2466-2009 on September 23, 2009 adopting a Council Correspondence Policy and approved Resolution No. 2507-2010 on October 13, 2010 adopting a Personal Computing Devices Policy; and
WHEREAS, the Council Correspondence Policy reflects outdated Town practices regarding the distribution of Council correspondence and the printing of public records; and
WHEREAS, the Personal Computing Devices Policy generally reflects current law but also reflects an outdated practice of Town-issued personal computing devices to all Councilmembers; and
WHEREAS, on August 1, 2022, the Town Council adopted a policy prohibiting private email or text communications among Council members, Commissioners, and Committee members during public meetings (the “Texting Policy”); and WHEREAS, the Town wishes to update the Council Correspondence Policy and the Personal Computing Devices Policy to align with current technology and Town practice, and to expand the Texting Policy to generally prohibit all e-communications by Councilmembers, Commissioners and Committee members of all legislative bodies of the Town of Portola Valley during public meetings so that they may focus on Town business as set forth in the agenda topics.; and
WHEREAS, the Brown Act portions of this Policy are intended to apply only to the Town’s legislative bodies (Town Council, Town Commissions, and certain Advisory Committees), and not to Town Manager committees and other working groups that do not report to the Town Council.
NOW THEREFORE, the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:
I. Purpose: Use of electronic media is necessary and useful for Town Council and Commission and Committee members in order to improve communication and efficiently perform their Town duties. The purpose of this 17 of 33
policy is to ensure the proper use of the Town’s electronic media and to set out the policy the Town Council and Commission and Committee members will follow when using electronic media and the Town’s electronic communication system. This policy will also ensure that use of Town electronic media complies with applicable law, including the Public Records Act and Brown Act.
This Resolution supersedes the Council Correspondence Policy adopted in 2009 and the Personal Computing Devices Policy adopted in 2010. This Resolution does not remove any of the unconditional commitments included in the Texting Policy, which resolved Brown Act litigation, but does expand some of its provisions to go above and beyond the Brown Act and the Texting Policy.
The Town Council hereby adopts the Electronic Communications Policy as set forth herein. Except where stated otherwise, this policy is applicable to all of the Town’s legislative bodies that are subject to the Brown Act. However, the Brown Act provisions of this Policy are not intended to cover nonlegislative bodies such asincluding but not limited to committees that advise a single decisionmaker or are appointed by staff.
II. Definitions
a. Personal computing device, for purposes of this Resolution, includes mobile phones, iPads, tablets, laptops, notebooks, desktop computers and other such devices.
a. b. Electronic communications (e-communications) means electronic text or visual communication and attachments distributed via email, websites, instant messaging, direct messaging, text messaging, social media platform, or comparable services.
b. c. Social Media Platform means aincludes online services/forums and publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter (X), PV Forum, LinkedIn, and YouTube.
III. Procedures
III. a. Procedures for Electronic Communications.: E-Communication by nature represents and reflects upon the Town’s public image and integrity.
Council members and Commissioners should ensure that their messages are respectful, professional, and are consistent with Town policies. ECommunication should be written or otherwise presented in the same professional and respectful manner as paper communications.
IV. Public Records and Records Retention
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a. Public Records Act. Town records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act.
In the event that the Town receives a request for disclosure of Town records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all Town ECommunication covered by the request until the responsive ECommunications have been identified. b. Town Council E-mail Accounts and E-Communications. Council members will be issued accounts for use of Town electronic media for email on Town business. Council members shall not use their personal or business email accounts or addresses for any communication pertaining to Town business. When using email, users should communicate with the public and staff solely via their designated Town email addresses. Council members should not commingle e-communication pertaining to Town business with e-communication pertaining to their personal life or business. If a personal or business email address is inadvertently used for Town business, the Council member shall copy their Town email address in the response and notify the other party to the communication that future communication on that matter should occur through the Town issued email address. Council members shall keep a record of all ecommunications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request. c. E-Communications by Commissioners and Committee Members.
Commissioners and Committee members who have not been issued a Town email address may use their personal accounts for Town business.
In order to ensure that the Town has a record of all e-communications concerning Town business, e-communications concerning
Commission/Committee business should include a copy to thea Town alias e-mail address (staff or Council liaison or alias). Commissioners and Committee members shall keep a record of all e-communications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request.
V. Brown Act and Open Government1
a. d. Electronic Communications between Council members or Commissioners/Committee Members Concerning Town Business.
Communications from (1)Electronic communications should not normally be sent by a Council member to another Council member or members concerning Town business, and (2) a Commissioneror
1 This Section V does not apply to Town committees that are not subject to the Brown Act.
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Commission/Committee member to more than one other
CommissionersCouncil or Commission/Committee Membersmember concerning Town business and should never be used to form or attempt to form a consensus on an issue within the Town’s business and should never take place during a noticed public meeting. Such e-communication.
Such a writing should be only for informational or procedural purposes. Ecommunications forWritings for informational purposes should state “For Informational Purposes Only – Please Do Not Respond.”
b. e. Use of E-Communication During Meetings. Town Council members shall not use E-Communication at any time during a meeting of the Town Council at which they are in attendance. No Commissioner or Committee member may use E-Communication at any time during a meeting of the Commission or Committee of which they are a member at which they are in attendance. The foregoing limitation shall not apply to receipt of telephone calls or text messages from family members in the event of an urgent familypersonal matter; a Council member or
Commissioner/Committee Member wishing to respond to such a message during the meeting shall do so during a recess or shall excuse themself from the meeting to place the return call or text in a manner that does not disrupt the meeting.
c. f. E-Communications with the Public on Social Media Platforms. In accordance with the Brown Act, Council members, Commissioners, and Committee members may engage in separate conversations with members of the public onvia E-Communication, including via Social Media Platforms, to answer questions, provide information, and request information from the public on matters of Town business. Council members, Commissioners, and Committee members may not respond directly to any communication on a Social Media Platform posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body’s business. This prohibition applies to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).
g. Electronic Communication on Social Media Platforms by a Quorum of the Council and Commission or a Council and Commission Standing Committee. A majority of the members of the Council or a Commission shall not send or exchange facts about or engage in discussions including commenting, replying, sharing, reacting or using digital icons), regarding matters of the Council’s (for Council members) or their Commission or Committee’s (for Commissioners and Committee members) business via E-Communication, including e-mail, Social Media Platforms or chat rooms, news groups, on-line forums, weblogs, or list-serves.
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h. Public Records Act. Town records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act.
In the event that the Town receives a request for disclosure of Town records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all Town ECommunication covered by the request until the responsive ECommunications have been identified. Requests for disclosure of any Town records applicable to E-Communication or other electronic records of any Council member, Commissioner, or Committee Member shall be submitted to the Town Clerk.
VI. i. Website Warning. To warn the public of the public nature of ecommunications sent and received by the Town and Council members and Commissioners/Committee members, the Town shall have a warning on the Town’s website that communications made to Town staff, Council members, Commissioners, and Committee members may be a public document and subject to disclosure.
VII. IV. Compliance with this Policy: It is the responsibility of every Councilmember, Commissioner, and Committee Member to ensure that they are in compliance with this Electronic Communications Policy.
PASSED AND ADOPTED this ____ day of ________, 20232024.
By: __________________________
Mayor
ATTEST:
_________________________
Town Clerk
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RESOLUTION NO. XX-2024
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
ADOPTING A POLICY REGARDING THE USE OF ELECTRONIC
COMMUNICATIONS
WHEREAS, the Town of Portola Valley seeks to promote effective use of electronic communications by Town Council members, Commissioners, and Committee members in conducting Town business and to create a system that allows compliance with state and federal laws governing electronic communications including, where applicable, the Brown Act, the Public Records Act, records retention laws; and WHEREAS, the Town Council approved Resolution No. 2466-2009 on September 23, 2009 adopting a Council Correspondence Policy and approved Resolution No. 2507-2010 on October 13, 2010 adopting a Personal Computing Devices Policy; and
WHEREAS, the Council Correspondence Policy reflects outdated Town practices regarding the distribution of Council correspondence and the printing of public records; and
WHEREAS, the Personal Computing Devices Policy generally reflects current law but also reflects an outdated practice of Town-issued personal computing devices to all Councilmembers; and
WHEREAS, on August 1, 2022, the Town Council adopted a policy prohibiting private email or text communications among Council members, Commissioners, and Committee members during public meetings (the “Texting Policy”); and WHEREAS, the Town wishes to update the Council Correspondence Policy and the Personal Computing Devices Policy to align with current technology and Town practice, and to expand the Texting Policy to generally prohibit all e-communications by members of all legislative bodies of the Town of Portola Valley during public meetings so that they may focus on Town business as set forth in the agenda topics; and WHEREAS, the Brown Act portions of this Policy are intended to apply only to the Town’s legislative bodies (Town Council, Town Commissions, and certain Advisory Committees), and not to Town Manager committees and other working groups that do not report to the Town Council.
NOW THEREFORE, the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:
I. Purpose: Use of electronic media is necessary and useful for Town Council and Commission and Committee members in order to improve communication and efficiently perform their Town duties. The purpose of this policy is to ensure the proper use of the Town’s electronic media and to set out the policy the Town Council and Commission and Committee members 22 of 33
will follow when using electronic media and the Town’s electronic communication system. This policy will also ensure that use of Town electronic media complies with applicable law, including the Public Records Act and Brown Act.
This Resolution supersedes the Council Correspondence Policy adopted in 2009 and the Personal Computing Devices Policy adopted in 2010. This Resolution does not remove any of the unconditional commitments included in the Texting Policy, which resolved Brown Act litigation, but does expand some of its provisions to go above and beyond the Brown Act and the Texting Policy.
The Town Council hereby adopts the Electronic Communications Policy as set forth herein. Except where stated otherwise, this policy is applicable to all of the Town’s legislative bodies that are subject to the Brown Act. However, the Brown Act provisions of this Policy are not intended to cover nonlegislative bodies including but not limited to committees that advise a single decisionmaker or are appointed by staff.
II. Definitions
a. Electronic communications (e-communications) means electronic text or visual communication and attachments distributed via email, websites, instant messaging, direct messaging, text messaging, social media platform, or comparable services.
b. Social Media Platform includes online services/forums and publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter (X), PV Forum, LinkedIn, and YouTube.
III. Procedures for Electronic Communications: E-Communication by nature represents and reflects upon the Town’s public image and integrity. Council members and Commissioners should ensure that their messages are respectful, professional, and are consistent with Town policies. ECommunication should be written or otherwise presented in the same professional and respectful manner as paper communications.
IV. Public Records and Records Retention
a. Public Records Act. Town records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act.
In the event that the Town receives a request for disclosure of Town records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all Town ECommunication covered by the request until the responsive ECommunications have been identified. 23 of 33
b. Town Council E-mail Accounts and E-Communications. Council members will be issued accounts for use of Town electronic media for email on Town business. Council members shall not use their personal or business email accounts or addresses for any communication pertaining to Town business. When using email, users should communicate with the public and staff solely via their designated Town email addresses. Council members should not commingle e-communication pertaining to Town business with e-communication pertaining to their personal life or business. If a personal or business email address is inadvertently used for Town business, the Council member shall copy their Town email address in the response and notify the other party to the communication that future communication on that matter should occur through the Town issued email address. Council members shall keep a record of all ecommunications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request. c. E-Communications by Commissioners and Committee Members.
Commissioners and Committee members who have not been issued a Town email address may use their personal accounts for Town business.
In order to ensure that the Town has a record of all e-communications concerning Town business, e-communications concerning
Commission/Committee business should include a copy to a Town e-mail address (staff or Council liaison or alias). Commissioners and Committee members shall keep a record of all e-communications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request.
V. Brown Act and Open Government1
a. Electronic Communications between Council members or Commissioners/Committee Members Concerning Town Business.
Electronic communications should not normally be sent by a Council or Commission/Committee member to more than one other Council or Commission/Committee member concerning Town business and should never be used to form or attempt to form a consensus on an issue within the Town’s business. Such a writing should be for informational or procedural purposes. Writings for informational purposes should state “For Informational Purposes Only – Please Do Not Respond.”
b. Use of E-Communication During Meetings. Town Council members shall not use E-Communication at any time during a meeting of the Town Council at which they are in attendance. No Commissioner or Committee 1 This Section V does not apply to Town committees that are not subject to the Brown Act.
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member may use E-Communication at any time during a meeting of the Commission or Committee of which they are a member at which they are in attendance. The foregoing limitation shall not apply to receipt of telephone calls or text messages in the event of an urgent personal matter; a Council member or Commissioner/Committee Member wishing to respond to such a message during the meeting shall do so during a recess or shall excuse themself from the meeting to place the return call or text in a manner that does not disrupt the meeting.
c. E-Communications with the Public on Social Media Platforms. In accordance with the Brown Act, Council members, Commissioners, and Committee members may engage in separate conversations with members of the public via E-Communication, including via Social Media Platforms, to answer questions, provide information, and request information from the public on matters of Town business. Council members, Commissioners, and Committee members may not respond directly to any communication on a Social Media Platform posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body’s business. This prohibition applies to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).
VI. Website Warning. To warn the public of the public nature of ecommunications sent and received by the Town and Council members and Commissioners/Committee members, the Town shall have a warning on the Town’s website that communications made to Town staff, Council members, Commissioners, and Committee members may be a public document and subject to disclosure.
VII. Compliance with this Policy: It is the responsibility of every Councilmember, Commissioner, and Committee Member to ensure that they are in compliance with this Electronic Communications Policy.
PASSED AND ADOPTED this ____ day of ________, 2024.
By: __________________________
Mayor
ATTEST:
_________________________
Town Clerk
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1745946.3
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______________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty and Craig Taylor
DATE: February 28, 2024
RE: Code of Ethics and Values
RECOMMENDATION
Discuss and adopt the proposed Code of Ethics and Values policy.
BACKGROUND
The Council appointed a subcommittee to draft a code of ethics and values. Many local jurisdictions have code of ethics statements. The level of detail and the enforceability in these statements vary widely. We gathered more than a dozen statements from within California and across the nation.
DISCUSSION
After reviewing the various statements, we focused on drafting a policy with clear, plain language, example driven and an overall positive tone. The policy is meant to be aspirational as a set of standards for everyone living and working in the Town. It sets forth a standard for reasonable behavior from elected officials and members of the community.
This is not an enforcement policy but a positive statement of our shared values.
FISCAL IMPACT
Minimal. A small amount of staff time to post the statement on the Town website and make it publically available.
ATTACHMENTS
1. Proposed Code of Ethics and Values
TOWN OF PORTOLA VALLEY
SUBCOMMITTEE REPORT
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1 TOWN of PORTOLA VALLEY
Town Hall: 765 Portola Road, Portola Valley, CA 94028 ~ Tel: (650) 851-1700 Fax: (650) 851-4677 Code of Ethics and Values
Adopted by the Town Council: February 28th, 2024
Portola Valley is guided by a General Plan that which places the highest premium on engaged and appreciated community volunteers and professional staff. Our government can and has served as a model for other jurisdictions. This Code of Ethics and Values serves to reinforce positive dialogue between our government officials, staff, volunteers, and the entire community, helping to ensure we can meet our community’s challenges.
The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. This Code of Ethics and Values promotes the highest standards of personal and professional conduct in the town's government. All elected and appointed officials,staff, volunteers, and others who participate in the town's government are expected to embrace this Code, and practice its nine core values in their work. We encourage that all members of the community that live and work in our Town also embrace these values.
1. As a Representative of the Town of Portola Valley, I will be ethical.
In practice, this value looks like:
a. I am trustworthy, acting with integrity and moral courage. b. I am truthful, I do what I say I will do, and I am dependable. c. I make impartial decisions free of bribes, unlawful gifts, narrow political interests, or financial and personal interests that impair my independence of judgment or action. d. I am fair, distributing benefits and burdens according to consistent and equitable criteria.
e. I extend equal opportunities and due process to all parties in matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting decisions.
f. I show respect for people, confidences, and information designated as "confidential."
g. I use my title(s) only when conducting official town business, for information purposes, or as an indication of background and expertise, carefully considering 28 of 33
2 whether I am exceeding or appearing to exceed my authority.
2. As a Representative of the Town of Portola Valley, I will be respectful and gracious.
In practice, this value looks like:
a. I listen carefully to the views of others and refrain from interrupting others during discussions of town business.
b. I am succinct and direct in expressing my views, respecting the time of all participants.
c. I honor the public comment section of public meetings, allowing issues to be asserted in a transparent and open manner and will follow the guidelines described in “Public Comments during Town Council Meetings”.
d. I act in a constructive manner when receiving input from staff or members of the public in public meetings.
e. I treat staff respectfully and refrain from disparaging others, particularly in relationships of unequal power, in public or in private. I do not tolerate disrespectful behavior in others.
3. As a Representative of the Town of Portola Valley, I will be fiscally responsible.
In practice, this value looks like:
a. I make decisions after prudent consideration of their financial impact, considering the long- term financial needs of the Town, especially its financial stability. b. I demonstrate concern for the proper use of town assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c. I make financial decisions that seek to preserve programs and services for residents.
4. As a Representative of the Town of Portola Valley, I will be professional.
In practice, this value looks like:
a. I apply my knowledge and expertise to my assigned activities in a consistent and productive manner.
b. I approach my job and work-related relationships with a positive attitude. c. I keep my professional knowledge and skills current and growing.
5. As a Representative of the Town of Portola Valley, I will be service-oriented. 29 of 33
3 In practice, this value looks like:
a. I provide friendly, receptive, and courteous service to everyone. b. I am attuned to, and care about, the needs and issues of residents, public officials, and staff.
c. I am interested, engaged, and responsive in my interactions with constituents.
6. As a Representative of the Town of Portola Valley, I will be organized.
In practice, this value looks like:
a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long-term goals. b. I follow through in a responsible way, keeping others informed, and providing a timeline when possible.
c. I am respectful of established town processes and guidelines. d. I recognize that I am part of a team and will shoulder my share of responsibilities in representing the Town.
e. With respect to Council liaisons and committee members, I will make my best effort to attend all meetings of committees to which I am assigned.
7. As a Representative of the Town of Portola Valley, I will be communicative.
In practice, this value looks like:
a. I convey the town's care for and commitment to its residents. b. I communicate in various ways that I am approachable, open-minded and willing to participate in dialog.
c. I engage in effective two-way communication by listening carefully, asking questions, and determining an appropriate response that adds value to conversations. d. I use my knowledge and expertise to clarify complex issues.
8. As a Representative of the Town of Portola Valley, I will be collaborative.
In practice, this value looks like:
a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding.
b. I work towards consensus building and gain value from diverse opinions. 30 of 33
4 c. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team.
d. I consider the broader regional and state-wide implications of the Town's decisions and issues.
9. As a Representative of the Town of Portola Valley, I will be open-minded.
In practice, this value looks like:
a. I listen to both sides of a controversy with respect, impartiality and diligence. b. I exhibit a proactive, innovative approach to setting goals and conducting the Town’s business.
c. I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary.
d. I promote intelligent and thoughtful innovation to forward the town’s general plan, policies and services.
Because our residents seek public confidence in the town's services and public trust of its decision-makers, our decisions and our work shall meet the most demanding ethical standards and demonstrate the highest levels of achievement by following this Code. 31 of 33
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: 2/12/2024
RE: Geologic Safety Committee
Attendance: Chet Wrucke, Nan Shostak, Patricia MCroy, Troy Douthit Gary Ernst, Steve Ingebritsen, Bob Wrucke
Delay of start of meeting by 34 minutes due to not having the passwords for the meetings zoom set up. The passwords are unique for every meeting so if they are not available the meeting cannot start.
Minutes approved from January meeting. .
Evacuation subcommitteepresented its maps and 1/18 met with Fire Department and Emergence Preparedness Committee (EPC) Kim was very grateful for the maps and is sharing them with all battalion chiefs. They are scholarly and beautiful, 12 page document needs to be decreased to 1 page for professional education.
Black Mountain Fault (from the 1906 data) , Berrocal Fault (on USGS map) and Hermit Fault (on USGS map) are being shown. The committee is concerned that these faults are known and Though these faults are not part of building planning maps they should be understood by the emergency preparedness community as we will all be endangered on evacuation if these are not recognized as they represent potential sites of cumulative vulnerability.
Resilience Subcommittee- Is PG &E providing automatic shut offs for natural gas? Shake alerts and water storage for post-earthquake fires were also reviewed. Broken roads should be part of our consideration. The Prtola Road access to Sandhill is vulnerable to liquification, flooding, culvert collapse and movement on the
TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report
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San Andres. The resilience to earthquake community has not caught up with the information they gained from Loma Prieta in 1989.
The recent USGS workshops on resilience were monitored by Steve and he now realize what is possible. The subcommittee is working on contacting residents and I suggested contacting the Public Works committee. They also met with the Fire Chief. The problem is a lack of a perspective of prevention.
Most of the services are reactive. We need a new liaison with the Sherriff’s office, Gary Nielson has been performing this function for years.
Slip rate may be up to 27 mm/year. Kim Blisniuk much larger than previously understood.
Election of officers for 2024
Chet Wrucke has served on this committee for over 50 years of service. He nominated Nan Shostak to be the new Chairman which was unanimously accepted.
Vice Chair and Secretary- Bob Wrucke and Pat McCroy were also unanimously elected.
What a great committee he has helped create! Congratulations and thanks were shared and accepted by all.
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