TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, March 13, 2024
SPECIAL CLOSED SESSION 5:30 PM
REGULAR SESSION 7:00 PM
Sarah Wernikoff, Mayor
Judith Hasko, Vice Mayor
Jeff Aalfs, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
CLOSED SESSION AND REGUAR SESSION 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 – CLOSED SESSION
2. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda. Each speaker’s time is limited to three minutes.
3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Govt. Code section 54956.9(d)(1))
Name of case: The Kona Trust v. Bill & Ruth Mainzer a/k/a The Paradise Living Trust dated Oct. 6, 1997, Lea & Braze Engineering, Inc., Quiroz Construction, Inc., Michael Repka, Deleon Realty, Inc., Town of Portola Valley, et al.
San Mateo Superior Court Case No. 23-CIV-05892
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Govt. Code section 54957) Town Manager Sharif Etman
VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
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Town of Portola Valley – Council Agenda
March 13, 2024
4. CALL TO ORDER- REGULAR SESSION
5. PRESENTATIONS/PROCLAMATIONS
a. Presentation by Woodside Fire Protection District on Ordinance 24-01
6. TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.
7. 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.
8. CONSENT AGENDA
a. Approval of Minutes for the February 28, 2024, Meeting b. Approval of Warrant List for March 13, 2024
9. REGULAR AGENDA
a. Approve Updated Fiscal Portion of Sheriff’s Contract for Remainder of FY 2023-24 and Contract Terms Through FY 2024-25.
10. 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.
11. ADJOURNMENT
The next Regular Town Council meeting will be held on March 27, 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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Item 5
There are no written materials for this Item.
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Item 6
There are no written materials for this Item.
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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
1. CALL TO ORDER- 7PM
Present: Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor
2. PRESENTATIONS/PROCLAMATIONS
a. Carmen Letona Adams from the San Mateo County Library presented the Annual Report FY 22/23
3. TOWN MANAGER REPORT
4. ORAL COMMUNICATIONS
The following spoke during oral communications:
• Jean Paul Coupal
• Rita Comes
• Leslie Kriese
• Kristi C
5. CONSENT AGENDA
No public comments
Motion Councilmember Aalfs
Seconded Councilmember Hufty
Ayes Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays none
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 Motion Councilmember Aalfs
Seconded Councilmember Hufty
Ayes Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays none
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Town of Portola Valley – Council Agenda
February 28, 2024
6. REGULAR AGENDA
a. Adopt an Updated Electronic Communications Policy
The following spoke during public comment:
• Rita Comes
• Ronny Krashinsky
Amendments were discussed to the Communications Policy
Motion Councilmember Taylor as amended
Seconded Councilmember Aalfs
Ayes Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays none
b. Discuss and Adopt the Proposed Code of Ethics and Values Policy The following spoke during public comment:
• Rita Comes
Amendments were discussed to the Code of Ethics and Values Policies Motion Mayor Wernikoff as amended
Seconded Vice Mayor Hasko
Ayes Mayor Wernikoff, Vice Mayor Hasko, Councilmembers Aalfs, Hufty, and Taylor Nays none
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.
The following spoke during public comment:
• Rita Comes
• Dann Breen
• Kristi C
8. ADJOURNMENT- 9:30 PM
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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
March 13, 2024
Claims totaling $229,592.81 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 03/07/2024 09:42 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3972 7 ACCELA 10,519.14 03/13/243973 18 ALL FENCE COMPANY INC. 2,030.00 03/13/243974 34 ARC DOCUMENT SOLUTIONS LLC 72.81 03/13/243975 80 CALPERS 7,814.08 03/13/24 EFTPS3976 121 SCA OF CA, LLC 1,990.56 03/13/243977 124 COMCAST 212.12 03/13/243978 129 COTTON SHIRES & ASSOC. INC. 26,341.85 03/13/243979 176 EXCEL LD 42.12 03/13/243980 215 HORIZON 432.43 03/13/243981 218 MISSIONSQUARE RETIREMENT 5,795.30 03/13/24 EFTPS3982 261 JON MYERS 543.00 03/13/243983 267 KARI CHINN 133.37 03/13/243984 283 LEAGUE OF CALIFORNIA CITIES 500.00 03/13/243985 330 NAVIA BENEFIT SOLUTIONS 200.00 03/13/243986 332 N.C.E. 8,235.00 03/13/243987 337 O. NELSON & SON INC. 1,138.06 03/13/243988 364 PERS HEALTH 17,960.11 03/13/24 EFTPS3989 372 PINNACLE BUILDING & DESIGN 1,000.00 03/13/243990 373 PITNEY BOWES INC. 170.63 03/13/243991 375 PLATINUM FACILITY SERVICES 4,936.68 03/13/243992 380 PURCHASE POWER 509.02 03/13/243993 403 RON RAMIES AUTOMOTIVE INC. 1,344.30 03/13/243994 445 STANDARD INSURANCE CO. 529.68 03/13/243995 489 VERIZON WIRELESS 556.96 03/13/24 EFTPS3996 505 WOODSIDE FIRE PROTECTION DISTR 12,877.68 03/13/243997 518 GOT GOPHERS? 1,050.00 03/13/243998 553 COUNTY OF SAN MATEO-PSC 18,240.75 03/13/243999 708 BAY AREA FACE PAINTERS 400.00 03/13/244000 792 COLIN GRAY 1,452.35 03/13/244001 847 LISA WISE CONSULTING 5,646.25 03/13/244002 860 STEPFORD 4,513.50 03/13/244003 864 DAILY POST 150.00 03/13/244004 946 JARVIS FAY LLP 874.00 03/13/244005 949 PORTER CAPITAL CORPORATION 2,920.50 03/13/244006 991 LAND ECON GROUP 3,500.00 03/13/244007 1016 SHUTE, MIHALY & WEINBERGER LLP 39,953.14 03/13/244008 1044 TOMS DISCOUNT OFFICE FURNITUR 1,363.45 03/13/24 4009 1060 PHILLIP A. MURRAY CONSTRUCTION 235.00 03/13/244010 1067 KRISCH & COMPANY 35,806.75 03/13/244011 1114 KATHLEEN MITIC 1,242.60 03/13/244012 1115 AARONS PUMPING INC. 1,190.00 03/13/244013 1116 EMBARCADERO MEDIA FOUNDATION 1,610.00 03/13/244014 1117 JAMES DAVIDSON 2,750.00 03/13/244015 1118 STERICYCLE, LNC. DBA SHRED-LT 309.62 03/13/244016 1119 TONY VERTONGEN 500.00 03/13/24 8 of 32
apachreg Town of Portola Valley mmagahiz 03/07/2024 09:42 Page 2 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date Type Check totals: 197,466.36ACH totals:EFTPS totals: 32,126.45Wire transfer totals:Payment Manager totals:GRAND TOTALS 229,592.81Check totals: 197,466.36ACH totals:EFTPS totals: 32,126.45Wire transfer totals:Payment Manager totals:GRAND TOTALS 229,592.81 9 of 32
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apapdinv2 mmagahiz Town of Portola Valley Page 1
09:43 03/07/24 Paid Invoices by Date
From: 03/13/2024 to 03/13/2024
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 7 ACCELA
03/13/24 3972 Annual Subscription Renewal 02/07/2024 - 02/06/2025 10,519.14 10,519.14 INV-ACC59354 Vendor: 18 ALL FENCE COMPANY INC.
3973 Light Pole Repair 2,030.00 2,030.00 82535
Vendor: 34 ARC DOCUMENT SOLUTIONS LLC
3974 Smart Scan, Copying Fees 72.81 72.81 12390369
Vendor: 80 CALPERS
3975 March Unfunded Liability 7,814.08 7,814.08 100000017468265 Vendor: 121 SCA OF CA, LLC
3976 January Litter/Street Clean 1,990.56 1,990.56 108080CS Vendor: 124 COMCAST
3977 WIFI-02.21.2024-3.20.2024 212.12 212.12 1945-FEB24 Vendor: 129 COTTON SHIRES & ASSOC. INC.
3978 Public Works Roadway Evaluations February 2024 26,341.85 818.75 224221 Nov 23- Feb 24 Applicant Charges 25,523.10 2024-FEB
Vendor: 176 EXCEL LD
3979 February Telephone LD Services 42.12 42.12 1197762270 Vendor: 215 HORIZON
3980 Clock Repair Supplies 432.43 432.43 1N579604
Vendor: 218 MISSIONSQUARE RETIREMENT
3981 Deferred Comp - February 29, 2024 5,795.30 5,795.30 FEBRUARY-202429 Vendor: 261 JON MYERS
3982 Trivia night expenses - wine, beer, ice, medals 543.00 543.00 FRRC-24-3 Vendor: 267 KARI CHINN
3983 Supplies for Coffee with the Mayor 133.37 133.37 FRRS-24-3 Vendor: 283 LEAGUE OF CALIFORNIA CITIES
3984 Annual Dues Peninsula Division FY-2024 500.00 500.00 1752 Vendor: 330 NAVIA BENEFIT SOLUTIONS
3985 Feb 2024 Monthly Fee 200.00 200.00 10817626
Vendor: 332 N.C.E.
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apapdinv2 mmagahiz Town of Portola Valley Page 2
09:43 03/07/24 Paid Invoices by Date
From: 03/13/2024 to 03/13/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
03/13/24 3986 2023/2024 Street Resurfacing Services 8,235.00 8,235.00 424265505 Vendor: 337 O. NELSON & SON INC.
3987 Sand Delivered 1,138.06 1,138.06 266
Vendor: 364 PERS HEALTH
3988 March Health 17,960.11 17,960.11 100000017458018
Vendor: 372 PINNACLE BUILDING & DESIGN
3989 Deposit Refund - 501 Portola #16F 1,000.00 1,000.00 BLDR0177-2023 Vendor: 373 PITNEY BOWES INC.
3990 Postage Meter Rental, Equipment & Svc 11/29/23 - 02/27/2024 170.63 170.63 1024752092 Vendor: 375 PLATINUM FACILITY SERVICES
3991 Janitorial Services - February 2024 4,936.68 4,488.67 48185 Janitorial Services - Feb 2024. Fridays disinfection svcs 448.01 48186 Vendor: 380 PURCHASE POWER
3992 Postage Meter 509.02 509.02 7931-FEB24
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
3993 Lawn Mower Service & Repair 1,344.30 352.81 75138
Vehicle Maintenance 991.49 76836
Vendor: 445 STANDARD INSURANCE CO.
3994 LTD/Life Premium 529.68 529.68 2024-FEB
Vendor: 489 VERIZON WIRELESS
3995 February Cellular 556.96 556.96 9957572416
Vendor: 505 WOODSIDE FIRE PROTECTION DISTR
3996 01/01/24-1/31/24 Fire Mitigation Crew Support 12,877.68 12,877.68 WFPDCREW2024-01 Vendor: 518 GOT GOPHERS?
3997 Town Fields Gopher Trapping- February 2024 1,050.00 1,050.00 59863 Vendor: 553 COUNTY OF SAN MATEO-PSC
3998 Public Safety Dispatch Svcs, Jan-Mar 2024 18,240.75 18,240.75 PVPD 24-03 Vendor: 708 BAY AREA FACE PAINTERS
3999 50% Deposit for Face Painter Picnic 02/24/2024 400.00 400.00 56 Vendor: 792 COLIN GRAY
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apapdinv2 mmagahiz Town of Portola Valley Page 3
09:43 03/07/24 Paid Invoices by Date
From: 03/13/2024 to 03/13/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
03/13/24 4000 Deposit Refund, 60 Valencia 1,452.35 1,452.35 BPLR0007-2022 Vendor: 847 LISA WISE CONSULTING
4001 Professional Services: January 2024 5,646.25 5,646.25 4756 Vendor: 860 STEPFORD
4002 Monthly Service Charges 03/01/2024 THRU 03/31/2024 4,513.50 3,920.00 2401118 Veeam Backup & Disaster Recovery & License Mar 24 593.50 2401119 Vendor: 864 DAILY POST
4003 Animal Control Ordinance Advertisement - FEB 150.00 150.00 87406 Vendor: 946 JARVIS FAY LLP
4004 Legal Services - Housing Element January 2024 874.00 874.00 18452 Vendor: 949 PORTER CAPITAL CORPORATION
4005 Temp Service, Michelle Magahiz 02/19/24-02/25/24 2,920.50 1,485.00 7734 Temp Service, Michelle Magahiz 02/26/24-03/03/24 1,435.50 7743 Vendor: 991 LAND ECON GROUP
4006 Final Fiscal Report for Stanford Wedge/Portola Terrace 3,500.00 3,500.00 3 Vendor: 1016 SHUTE, MIHALY & WEINBERGER LLP
4007 January Legal Service 39,953.14 39,953.14 JAN-24-SMW Vendor: 1044 TOMS DISCOUNT OFFICE FURNITUR
4008 Office Equip Cubicles Reconfigure Installation Assembly 1,363.45 1,363.45 14156 Vendor: 1060 PHILLIP A. MURRAY CONSTRUCTION
4009 Deposit Refund, 19 Redberry 235.00 235.00 BLDR0085-2020 Vendor: 1067 KRISCH & COMPANY
4010 Professional Services - Jan 2024 35,806.75 35,806.75 52117 Vendor: 1114 KATHLEEN MITIC
4011 Deposit Refund - 155 Grove 1,242.60 1,242.60 BLDR0110-2021 Vendor: 1115 AARONS PUMPING INC.
4012 Emergency Septic Pumping 1,190.00 1,190.00 1177
Vendor: 1116 EMBARCADERO MEDIA FOUNDATION
4013 Legal Advertising 1,610.00 1,610.00 JAN-2024
Vendor: 1117 JAMES DAVIDSON
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apapdinv2 mmagahiz Town of Portola Valley Page 4
09:43 03/07/24 Paid Invoices by Date
From: 03/13/2024 to 03/13/2024
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
03/13/24 4014 Deposit Refund - 20 Shoshone 2,750.00 1,750.00 BLDR0161-2022 Deposit Refund - 20 Shoshone 1,000.00 BLDR0141-2022
Vendor: 1118 STERICYCLE, LNC. DBA SHRED-LT
4015 Paper Shredding Services 309.62 309.62 8005756413
Vendor: 1119 TONY VERTONGEN
4016 Field Rental Deposit 500.00 500.00 PROF-23-59
Check Date Totals 229,592.81
Grand Total 229,592.81
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Sharif Etman, Town Manager
DATE: March 13, 2024
RE: Approve updated fiscal portion of Sheriff’s contract for remainder of FY 2023-24 and contract terms through FY 2024-25.
RECOMMENDATION
Receive and approve updated fiscal portion of Sheriff’s contract for remainder of FY 2023-24 and contract terms through FY 2024-25.
BACKGROUND
The Town conducted two study sessions regarding the Sheriff’s contract, in April and May of 2023. The services provided and terms of the contract were discussed at that time. The proposed contract would result in an approximate increase of $852,739, roughly 63 percent, annually. The San Mateo County Sheriff’s Office is working to update their standard contract language and adjust service costs, since many of our costs were not properly outlined in our previous contract. Other reasons for the increase relate to cost-of-living increases required under the Sheriff’s Office Memorandums of Understandings as well as general increases to the cost of County services.
DISCUSSION
The Town Manager and Assistant Town Manager held several meetings with Sheriff Christina Corpus, County Manager Mike Callagy, and Chief Financial Officer Robert Manchia in January and February of 2024. Recognizing the financial constraints currently facing the Town, the County has agreed to assist the Town of Portola Valley with the increased financial portion of the contract over several years.
The Sheriff has discounted the increase by 50 percent for this fiscal year. Rather than having to pay the entire $853K increase, the town will pay $423K. This amount is reflected in the attached updated contract. Exhibit B outlines the amount to be paid of $1,173,292 for the period of January through June 2024. The Town has paid $746,922 so far, this fiscal year, which will bring the total contract to $1,920,214 for this fiscal year.
TOWN OF PORTOLA VALLEY
STAFF REPORT
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________ Cindy Rodas, Admin. Svcs. Manager _________ Sharif Etman, Town Manager
RECOMMENDATION
Receive and approve updated Sherriff’s contract for FY 2023-24 and FY 2024-25.
FISCAL IMPACT
The increase of the Sheriff’s contract for fiscal year 2023-24 is $426,369 over prior fiscal year. This increase was included in the Final Proposed Budget adopted by Council in June 2023. The additional cost will be paid primarily by unspent ARPA (American Rescue Plan Act) Funds received in July 2021 and 2022. Future increases will need to be paid by reserves until a new revenue stream or other action can be identified as the Town will not continue to receive additional ARPA funds in the future
The Town Manager and staff will recommend solutions to offset the increase of the Sheriff’s contract at a future date.
ATTACHMENTS
1. Updated Law Enforcement Services Agreement
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LAW ENFORCEMENT
SERVICES AGREEMENT
Between the County of San Mateo
and the Town of Portola Valley
January 1, 2024 through June 30, 2025
Version: November 7, 2023
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 1 of 12
A G R E E M E N T
FOR LAW ENFORCEMENT SERVICES
BETWEEN THE COUNTY OF SAN MATEO AND
TOWN OF PORTOLA VALLEY
THIS AGREEMENT, entered into on the 1st day of January 2024, by and between the TOWN OF PORTOLA VALLEY, a general law city in the County of San Mateo, State of California, hereinafter referred to as "Town" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County.”
W I T N E S S E T H
WHEREAS, pursuant to Government Code §§51300, et seq. County may contract with Town for the performance of Town functions by the appropriate officers and employees of County; and WHEREAS, Town is desirous of having the County provide law enforcement services through the Sheriff's Office, as hereinafter set forth, for and on behalf of Town, within the territorial limits of said Town, and the County is willing to perform such services as provided herein below:
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. EXHIBITS AND ATTACHMENTS.
1.1 The following exhibits and attachments are included hereto and incorporated by reference herein:
▪ Exhibit A – Services
▪ Exhibit B - Rates / Payments
2. SERVICES TO BE PERFORMED BY COUNTY.
2.1 In consideration of the payments set forth herein and in Exhibit B, County shall provide law enforcement and police services within Town. Said services are described in Exhibit A.
2.2 The Town is not limited to the services indicated in Exhibit A, but the Town may request any additional services in the field of public safety, law enforcement or related fields within the legal power of the Sheriff to provide. 17 of 32
AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 2 of 12
3. PAYMENTS.
3.1 The Town shall pay the County for the services provided under the terms of this Agreement at the rates set forth in Exhibit B.
3.2 The rates set forth in Exhibit B shall be readjusted by the County annually effective July 1 of each year, and attached as an Amendment to this Agreement, to reflect the cost of such services as provided in Government Code Section 51350 and in accordance with the policies and procedures for the determination of such rates as approved by the County Board of Supervisors. County shall provide Town with the proposed rates for the following contract year on or before April 1 of each year.
3.3 The Town shall be billed based on the service level provided within the parameters of Exhibit A.
3.4 The cost of additional services, requested by Town, in the field of public safety, law or related fields within the legal power of the Sheriff to provide not set forth in Exhibit A shall be reflected in an amendment to Exhibits A and B.
4. TERM.
4.1 This Agreement shall be in full force and effect from JANUARY 1, 2024 to JUNE 30, 2025. If approval of this Agreement should be delayed past the commencement date due to extenuating circumstances, the Agreement shall be considered retroactive to Jan 1, 2024 for purposes of costs, charges, and payments by Town.
4.2 Town shall notify County no later than January 1, 2025 of its intent to continue services beyond June 30, 2025. The parties shall thereafter negotiate the terms, including the level of compensation, in an effort to reach agreement before the expiration of this Agreement.
5. RIGHT OF TERMINATION.
5.1 Either party may terminate this Agreement with or without cause effective as of the first day of July of the following year upon written notice to the other party of not less than twelve (12) months prior thereto.
5.2 In the event of termination, each party shall fully discharge all obligations owed to the other party accruing prior to the effective date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
5.3 The Town may terminate this Agreement or a portion of the services referenced in the Exhibits based upon Town’s unavailability of funds, by providing written notice to County as soon as is reasonably possible after the Town learns of said unavailability of funding.
5.4 If the Town terminates for non-appropriation it will be liable to pay County for: (1) the portion of the contract costs attributable to the all services performed, on or before the effective date of the termination; and (2) reasonable costs and expenses that County incurs as a result of early termination of the Agreement.
6. HOLD HARMLESS.
6.1 Town shall defend, hold harmless and indemnify County, its officers, agents, and/or employees from any and all claims which arise out of the terms and conditions of this 18 of 32
AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 3 of 12 Agreement and which result from the acts or omissions of Town, its officers, agents and/or employees.
6.2 County shall defend, hold harmless and indemnify Town, its officers, agents and/or employees from any and all claims which arise out of the terms and conditions of this Agreement and which result from the acts or omissions of County, its officers, agents, and/or employees.
6.3 In the event of the concurrent negligence (or intentional or reckless acts) of Town, its officers, agents and/or employees, and County, its officers, agents and/or employees, then the liability for any and all claims which arise out of the terms and conditions of this Agreement shall be apportioned under California’s theory of comparative fault.
7. INSURANCE.
7.1 Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy.
7.1.1 Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, parties certify, as required by Section 1861 of the California Labor Code, that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement.
7.1.2 Liability Insurance. Town and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance for services covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Town’s and County’s operations under this Agreement, whether such operations be by themselves or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.
Such insurance shall include:
Comprehensive General Liability $5,000,000
Motor Vehicle Liability Insurance $5,000,000
8. NON-DISCRIMINATION AND OTHER REQUIREMENTS.
8.1 Section 504. Town and County shall comply with § 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, as amended, which provide that no otherwise qualified handicapped individual shall, solely by reason of a 19 of 32
AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 4 of 12 disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement, and that reasonable and legally-specified accommodations will be made to serve individuals with disabilities.
8.2 General Non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.
8.3 Equal Employment Opportunity. Town and County shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Town’s and County’s equal employment policies shall be made available to either party upon request.
8.4 Violation of Non-discrimination Provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and may result in termination of this Agreement, and /or legal action to recover any Courtimposed damages incurred as a result of said violation(s). To effectuate the provisions of this section, the County Manager and Town Manager may request authorization to examine Town’s or County’s employment records relating to this Agreement, as the case may be with respect to compliance with this paragraph, and Town and County shall not unduly withhold authorization.
8.5 Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Town shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.
8.6 Other Statutory Compliance. Town and County shall comply fully with the nondiscrimination requirements required by 41 CFR 60-741.5 (a), which is incorporated herein as if fully, set forth. All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended.
8.7 Compliance with Contractor Employee Jury Service Ordinance. Town and County shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Town, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Town or that the Town deduct from the employees regular pay the fees received for jury service.
9. RETENTION OF RECORDS.
9.1 Each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to County’s or Town’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 5 of 12
9.2 Town and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.
10. MERGER CLAUSE.
10.1 This Agreement and the Transfer Agreement including the Exhibits attached to each constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications to either Agreement shall be in writing and signed by the parties.
11. CONTROLLING LAW.
11.1 The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.
12. DISPUTE RESOLUTION.
12.1 Should any dispute arise out of this Agreement, the parties shall first meet and confer in an attempt to resolve the dispute. Should such efforts fail to resolve the dispute within twenty (20) days, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
13. FINES AND FORFEITURES.
13.1 Town shall be entitled to the fines and forfeitures to which Town would otherwise be entitled pursuant to Penal Code Section 1463.001, et seq.
14. NOTICES.
14.1 Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:
In the case of County, to:
San Mateo County Sheriff’s Office
ATTN: Sheriff
400 County Center, 3rd Floor
Redwood City, CA 94063
In the case of Town, to:
Town of Portola Valley
ATTN: Town Manager
765 Portola Road
Portola Valley, CA 94028
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 6 of 12 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:
President, Board of Supervisors
DATE:
ATTEST:
BY:
Clerk of Said Board
TOWN OF PORTOLA VALLEY
BY:
Mayor, Town of Portola Valley
DATE:
ATTEST:
BY:
Clerk, Town of Portola Valley
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 7 of 12
EXHIBIT A
SERVICES
Agreement for Law Enforcement Services between the
County of San Mateo and Town of Portola Valley
In consideration of the payments set forth in Exhibit B, County shall provide Town with the following services:
1. DESCRIPTION OF SERVICES PROVIDED BY COUNTY.
1.1 LAW ENFORCEMENT SERVICES.
1.1.1 The County agrees, through the Sheriff of the County of San Mateo (hereinafter referred to as “Sheriff”), to provide general law enforcement services within the corporate limits of the Town to the extent and in the manner hereinafter set forth in this Agreement.
1.1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff under the County Charter, the statutes of the State of California, and under the Town municipal codes.
1.1.3 General law enforcement services performed hereunder may include, if requested, by the Town, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
1.2 SUPPORT SERVICES.
1.2.1 Alarm Permit & Response Fees. Town shall remain responsible for the actual billing and collection of Alarms Permit and Response revenue. Administrative staff will maintain and forward the necessary information to Town’s Finance Department for the billing and collection of said revenue upon request of Town.
1.2.2 Records Fees. County’s Sheriff’s Records Bureau will perform the services necessary and collect fees on behalf of Town for the following:
• Vehicle Release Fee
• Accident Reports
• Crime Reports
• Good Conduct Letter
2. ADMINISTRATION OF PERSONNEL.
2.1 The rendition of the services performed by the Sheriff’s Office, the standards of performance, the discipline of personnel, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County.
2.2 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or level of services or manner of performance of such services, the Sheriff and the Town shall meet and confer to resolve such disputes.
2.3 All Town employees who work in conjunction with the Sheriff’s Office pursuant to this Agreement shall remain employees of the Town and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement.
2.4 The Town shall not be called upon to assume any liability for the direct payment of any Sheriff’s Office salaries, wages, or other compensation to any County personnel performing services hereunder for said Town. Except as herein otherwise specified, the Town shall not 23 of 32
AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 8 of 12 be liable for compensation or indemnity to any County employee or agent of the County for injury, disability or illness arising out of services provided under this Agreement.
3. DEPLOYMENT OF PERSONNEL.
3.1 Services performed hereunder shall be developed in conjunction with the Sheriff and detailed in Exhibit A, Section 8 - Assignment / Selection of Personnel.
4. REPORTS.
4.1 The Sheriff or Sheriff’s designee shall report periodically to the Town Council, at the Town Manager’s discretion, all violations of law within its borders coming to the Sheriff’s attention. Quarterly statistical reports will be provided to Town by the Sheriff upon request.
5. UNIFORMS & INSIGNIA.
5.1 Personnel performing such law enforcement services as herein provided shall be in the prescribed uniform of the San Mateo County Sheriff’s Office during the performance of their duties.
5.2 Similarly, patrol vehicles used by deputies assigned to provision of services under this Agreement shall bear the markings and insignia of the Sheriff’s Office.
5.3 If the Town should desire any customization of uniforms or insignia relative to services provided, the Town shall notify Sheriff of same, and the Sheriff in their sole discretion may decide whether it is feasible and agreeable to do so. In that case, the cost of modification to uniforms and/or insignia shall be borne by the Town.
6. TOWN OBLIGATIONS.
6.1 Town shall furnish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitorial service, telephone, light, water and other utilities, in order for the Sheriff to maintain a substation office in the Town. The area to be utilized for the substation includes the following areas:
6.1.1 Ground floor, which supports the Patrol function of the department, will be used in its entirety by the Sheriff’s Office and includes the following:
• Report writing room
• Gender-neutral restroom
6.2 It is expressly further understood that such areas may be used by the Sheriff or the County of San Mateo in connection with the performance of duties in territory outside of Town and adjacent thereto.
6.3 Notwithstanding the foregoing, it is agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of Town, the same shall be supplied by said Town at its own cost and expense.
7. PERFORMANCE OF AGREEMENT.
7.1 For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, equipment and supplies necessary to maintain the agreed level of services to be rendered hereunder.
7.2 Notwithstanding the foregoing, the Town may provide additional resources for the County to utilize in performance of the services.
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 9 of 12
8. ASSIGNMENT/SELECTION OF PERSONNEL.
8.1 FY 2023-24 Assigned Personnel.
POSITION # of FTE
Captain .25
Sergeant - Day 0
Sergeant - Night 0
Sergeant - Administrative .5
Deputy - Day 2
Deputy - Night 2
Deputy - Motorcycle 0
Deputy - Canine 0
Deputy - Detective Services .5
TOTAL # FTE 5.25
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 10 of 12
EXHIBIT B
RATES / PAYMENTS
Agreement for Law Enforcement Services between the County of San Mateo and Town of Portola Valley In consideration of the services described in Exhibit A, Town shall pay County based on the following fee schedule:
1. CHARGES FOR SERVICES.
1.1 Town shall pay County for services described in this Agreement as calculated based on the formulas set forth in Section 5, Calculated Rates, attached hereto and incorporated by reference herein.
1.2 Section 5, Calculated Rates, shall be readjusted by the County annually effective July 1 of each year and attached hereto as an updated / revised Section 5.
2. INVOICING / BILLING.
2.1 On a semi-annual basis in accordance with Section 3 below, Sheriff’s Office Fiscal Services Bureau shall submit an invoice to the Town.
2.2 Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Financial Services Manager at [email protected] or be mailed to:
San Mateo County Sheriff’s Office
Fiscal Services Bureau
400 County Center, 3rd Flr
Redwood City, CA 94063
3. PAYMENTS.
3.1 Total charges for the period of January 1, 2024 through June 30, 2024 are $1,173,292.
Invoices will be issued according to the following schedule:
Invoice Issued Amount
May 1, 2024 $1,173,292
3.2 Future Fiscal Year payments will be in accordance with the revised Calculated Rates effective July 1 of each year. Payments will be due semi-annually on July 1st and January 1st for each subsequent year of this Agreement.
4. BOOKING / MESSAGE SWITCH /FORENSIC LABORATORY FEES.
4.1 Town shall not be responsible for paying Jail Access Fees, Booking Fees, Message Switch Fees or forensic laboratory fees to the County.
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 11 of 12
5. CALCULATED RATES
5.1 Rates for FY 2023-24
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
Town of Portola Valley / San Mateo County Sheriff’s Office Page 12 of 12
5.2 Overtime Rates - the estimated overtime hourly rates for supplemental services described in Exhibit A (Section 1.1.3) are as follows:
San Mateo County Sheriff's Office FY 2023-24 Hourly Rates
POSITION OVERTIME RATE
Admin Sergeant (Day) $222.05
Sergeant (84 Plan Day) $222.13
Sergeant (84 Plan Night) $233.15
Detective Sergeant (Day) $232.54
Deputy Sheriff (84 Plan Day) $179.16
Deputy Sheriff (84 Plan Night) $188.29
K-9 Deputy Sheriff (84 Plan Day) $188.29
K-9 Deputy Sheriff (84 Plan Night) $197.42
Motorcycle Deputy $188.29
Detective Deputy Sheriff $188.02
Community Services Officer II $64.06
Community Services Officer II (Extra-Help) $62.19
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: March 6, 2024
RE: Bicycle, Pedestrian and Traffic Safety Committee
Sheriff’s report was given and reviewed. The Sherriff was in attendance. Gary Nielson’s role as the resident liaison to the Sherriff’s department was mentioned and I learned that the role of that person is very helpful for the Sherriff’s office and there is a volunteer, Kevin Welch. Town council needs to keep an eye on succession.
Engineer reports that bids are out on the Westridge Drive work and should be decided by midsummer.
CCAG- LRSP (local roadways safety plan): has a pressured schedule for performance for a Program for Safety Plan. Paul Kupka, traffic consultant firm, Howard, town engineer, and Ed, chairman, circulated a document PV Chapter Elements include Vision and Goals for the town. Competitive funding may be available but it is. Not clear what the program obligates the town to perform. Scenic Corridor and Rural character may be sacrificed in the process. Could we develop our own program as grants come up? High density, DOT- safe Streets for ALL federal program. Too big for us. Vision 0.
No accidents…. a high bar. The time line, monetary requirements and staff time does not seem not feasible for the town at this time.
2019 study continues to be what we are relying on. We may need new safety policies and strategies with project selections for local roadway safety.
Financial contract – flashing beacons- last month’s report- many agencies involved and many not applicable criteria and requirements - we are paying money to CCAG already which go to other communities but are not getting the work done we have already obliged ourselves. Our $215,000 was for the flashing beacons, can not to be spent broadly, we are late on restriping crosswalks( Carolyn V) . We are already on top
TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report
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of traffic safety and bikes are our risk and our focus already. 5 grants in last 10 years and we have only gotten one.
Has Woodside opted in or out of the Program? One Bay Area Grants does require a local roadway safety plan in place. This committee needs to get permission from the Council and how can we garner resources to meet this performance bar… Data that is accumulated (by CCAG) is public domain data. Try to get help form CCAG have provided some good insights and information.
Subcommittee could be formed to help Paul Krupka and Howard to really understand (implications and requirements) and be realistic about this process. Ed Holland and Pat will be on that subcommittee. Is it ceremonial or impossibly onerous and irrelevant? This is the fastest we can go….
Crash information at Los Trancos needs to get to MROSD. There is discussion on how to get bikes to be slower for this future risk to the safety of the corridor.
Karen Askey- how are the 150 new houses along Alpine being incorporated. March 24 site tour at Hawthorne’s look at Option 8. Best for Natural resources. Less safe then entrance at Roberts’s.
Kristi- OBAG and CBAG funds- should be available for our town. The Los Trancos, Alpine Hills, Golden Oaks intersection is a time to be kept in focus.
Rita- Moral obligation to safe routes to school.
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______________________________________________________________________________________ TO: Members of the Town Council
FROM: Sarah Wernikoff, Mayor
DATE: Wednesday, February 28th 2024
RE: February 28th Trails & Paths Committee Special Meeting OVERVIEW:
• Hawthorns: Update about upcoming MidPen PAWG meeting on Thursday, Feb 29 @ 6pm • Town Hike: Discussion on format and tentative plan for November • Trail Maintenance:
o Discussion and review of damages to bridges in PV Ranch due to recent storms, and smaller maintenance issues at Old Spanish, Shady Trail, trail near PVSD at Alpine/Indian Crossing o Discussion of recurring issues at Sausal trail
o Reminder to use PV Connect
o Capital improvements budget will be on next agenda
• Committee Officers for 2024:
o Fred Leech, Chair
o Gary Hanning, Vice Chair
o Jacquelyn Davis, Secretary (agreed through her transition off the Committee in May)
TOWN OF PORTOLA VALLEY
Liaison Memo
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeff Aalfs
DATE: 8 March 2024
RE: Liaison Report, Emergency Preparedness Committee, 3/7/2024 The main item of business at the 3/7 meeting was a review of the Evacuation Plan. You’ll recall that the Council reviewed a draft Evacuation Plan prepared by the EPC in December (the December draft can be viewed here). That draft is a valuable resource for the public, outlining the conduct of an evacuation at a relatively high level and providing directions on how to prepare for a possible evacuation.
In order to be formally adopted by the Town, the Evacuation Plan is now being revised.
The new revision (which was discussed in the 3/7 meeting, packet available here) is much more Agency-oriented and operational in nature, as this plan actually spells out roles and procedures to be carried out by the Town and its partner agencies, notably Woodside Fire Protection District, The San Mateo County Sheriff’s Office, and the San Mateo County Department of Emergency Management. It is likely that we would maintain copies of both the new version (which the Council can consider adopting) and the old version (which is more accessible to residents).
On the 7th, the Committee reviewed the new Evacuation Plan and passed a “Sense of the Meeting” vote, agreeing that the plan is generally in good shape, but that some final changes need to be made in concert with Woodside Fire. The Committee anticipates formally approving the report at its next meeting on April 4th, at which point it could be brought to the Council for adoption. In the meantime, the new draft will be reviewed by the Town and other agencies in an attempt to secure staff support shortly after the April 4th approval.
TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report
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